October 2, 2023 - 6:00 PM - Board of Commissioners Rezoning Minutes

10 803 Meeting of the Johnston County Board of Commissioners October 2 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 2 , 2023 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell and April Stephens via Zoom Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Dana G Cuddington , and Executive Assistant Deputy Clerk Susie Reeves Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted Chairman Lawter reminded everyone of the Board’s six priorities including Public Safety , Infrastructure , County Employees , Financial Stewardship , Educational Funding , and Land Use and the Board’s continuing efforts to keep these priorities in mind when working through the agenda 1 Appointments Announcement Chairman RS “ Butch ” Lawter , Jr stated the Board utilized written ballots at the 10 00 am meeting for appointments to the Alcoholic Beverage Control Board and the Moccasin Creek Service District Board Chairman Lawter stated the votes have been tallied and he announced the following Alcoholic Beverage Control Board – D Lee Jackson was appointed for a three year term ending October 31 , 2026 Moccasin Creek Service District Board – Jeff Holt and Richard D Braswell were reappointed for two year terms ending October 31 , 2025 2 Approval Discussion of Agenda Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda as presented 3 Public Comment None 4 Public Hearing Rezoning Conditional Use Requests Advertised – The Johnstonian News and The News in Review – September 20 and 27 , 2023 Certified letters were mailed to adjoining property owners on September 18 , 2023 A notice was posted at the location on August 2 , 2023 for Case 23 - 18 Page804 October 2 , 2023 – 6 00 pm Continued The Chairman opened the Rezoning Hearing for Case 23 - 18 Case 23 - 18 Petition to rezone a 5911 acre tract located at 2641 Powhatan Road in the Clayton Township from Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J05030G Owner Novo Nordisk Pharmaceutical Industries , LP Applicant Novo Nordisk Pharmaceutical Industries , LP Planning Director Braston Newton stated the petition is to rezone a 5911 acre tract located at 2641 Powhatan Road in the Clayton Township from Agricultural Residential to Industrial - 1 The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Industrial - 1 and used as a pharmaceutical manufacturing company ; and several surrounding properties are within the Town of Clayton’s ETJ The current Comprehensive Land Use Plan denotes this area as an “ Employment Center ” Mr Newton stated the traffic count for this portion of Powhatan Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement At the inquiry of Chairman RS “ Butch ” Lawter , Jr , County Attorney Jennifer Slusser explained the criteria by which the Board must make a decision on the rezoning is if the request is consistent with the Comprehensive Land Use Plan and in the public interest Upon a question by Commissioner Richard D Braswell , Mr Newton stated the subject site backs up to a residential development Attorney Li - Ling Wilford , representing Applicant Novo Nordisk , addressed the Board and requested approval of the request She stated the property located to the west of the subject site is already zoned Industrial - 1 and is included in the Research & Training Zone There being no questions by the Board , the Chairman called for anyone in the audience that wished to speak to come forward John Bailey of 2705 Powhatan Road , Clayton , stated in the past Novo Nordisk did a marvelous job on their original facilities ; however , he feels they are now taking a step backwards Mr Bailey reported they are building on land adjacent to his property and there is a pile of dirt next to his property as well as bulldozers and trucks traveling in and out of the site Mr Bailey stated he spent a significant amount of money to install a fence which he does not feel is fair Mr Bailey stated he feels that Novo Nordisk has forgotten they are building in a residential area Mr Bailey stated he would like to request that in the future , Novo Nordisk move their projects further back from the residential areas At the inquiry of Commissioner Tony Braswell , Mr Bailey spoke on where the dirt is located and how it is unsightly and he feels it devalues the adjoining properties There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Commissioner Ted G Godwin noted the comments by Mr John Bailey and asked if there is anything that could be done with regards to the dirt pile Mr Newton stated staff could reach out to Novo Nordisk’s Project Manager regarding the dirt pile Chairman RS “ Butch ” Lawter , Jr stated the dirt is probably temporary but he asked if that or any type of buffer would be addressed during site plan approval Mr Newton confirmed that this would be addressed during the site plan approval process There being no further comments , the Chairman closed the Rezoning Hearing for Case 23 - 18 Decision on Rezoning Case 23 - 18 Case 23 - 18 Petition to rezone a 5911 acre tract located at 2641 Powhatan Road in the Clayton Township from Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J05030G Owner Novo Nordisk Pharmaceutical Industries , LP Applicant Novo Nordisk Pharmaceutical Industries , LPPage805 October 2 , 2023 – 6 00 pm Continued Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 23 - 18 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 23 - 18 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcel identified as tax ID 05J05030G located at 2641 Powhatan Road in Clayton Township , from Agricultural Residential to Industrial - 1 WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The subject parcel lies within an identified “ employment center ” as indicated on the future land use map , and ; b The exciting utility infrastructure in the area has adequate capacity to serve the use 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of Industrial - 1 provides expanded opportunity for job creation and economic stability and the property is located near an arterial corridor ; and ; b The request is reasonable and in the public interest in that Industrial - 1 is compatible with surrounding land uses and zoning , which include other Industrial zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to Industrial - 1 Adopted this the 2nd day of October , 2023 5 Residency Redistricting Project At the request of Chairman RS “ Butch ” Lawter , Jr , County Attorney Jennifer Slusser addressed the Board regarding the proposed Residency Redistricting Project Ms Slusser stated the public hearing was completed earlier today and the Board heard feedback on the various proposals She stated staff is now asking the Board to consider the proposed redistricting plans that have been presented through Maps 1 , 2 , and 3 Ms Slusser stated she has spoken with each of the Commissioners individually and the feedback she received was positive towards Map 1 , which she also believes is the map that has been endorsed by the majority of the citizens the Board has heard from Ms Slusser stated based on that information , she has prepared a resolution related to Map 1 Ms Slusser stated this draft resolution has been placed at the seats of the Commissioners and she noted this includes a detailed description of the districts based on census blocks Commissioner Fred J Smith , Jr moved the Board adopt the following resolution for Map 1 , seconded by Commissioner Tony Braswell , and carried by unanimous vote Page806 October 2 , 2023 – 6 00 pm ContinuedPagePage pageNumber5807 October 2 , 2023 – 6 00 pm ContinuedPagePage pageNumber6808 October 2 , 2023 – 6 00 pm ContinuedPagePage pageNumber7809 October 2 , 2023 – 6 00 pm ContinuedPagePage pageNumber8810 October 2 , 2023 – 6 00 pm ContinuedPagePage pageNumber9811 October 2 , 2023 – 6 00 pm Continued Chairman RS “ Butch ” Lawter , Jr thanked the citizens that attended the meetings on this matter and provided their feedback to the Board Commissioner Tony Braswell echoed the Chairman’s comments and stated he appreciates the Board working together to come up with a solution satisfactory to everyone Upon a question by Chairman Lawter , Ms Slusser stated the next step is for staff to forward the signed resolution to the Board of Elections and it will also be filed with the Secretary of State’s Office She noted the filing period for the 2024 election begins in December Chairman Lawter thanked the staff for all their hard work on this project 6 Manager Reports and Comments None 7 Board Reports and Comments Commissioner Richard D Braswell spoke on the residency redistricting project and how that project was handled in house by staff Commissioner R Braswell stated he is proud of the great job by staff and how the employees are always coming through for the County Commissioner Ted G Godwin stated he plans to follow up with Mr John Bailey that spoke during the rezoning case to be sure Mr Bailey gets some satisfaction out of the process Commissioner Godwin stated Novo Nordisk is a good corporate citizen and he believes they will be sensitive to the concerns Chairman RS “ Butch ” Lawter , Jr stated in response to Commissioner Godwin’s comments , that as Planning Director Braston Newton noted , there is an opportunity in the process on the site plan approval to make sure issues are addressed and he also feels that Novo Nordisk will want to continue to be good neighbors Commissioner Fred J Smith , Jr stated it has been a privilege to represent Johnston County over the last 25 years ; however , it is time for him to go home Commissioner Smith stated he will serve out the remainder of his term , but he does not plan to file for reelection There being no further business , Commissioner Tony Braswell moved the Board adjourn Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote The meeting adjourned at 6 25 pm RS “ Butch ” Lawter , Jr , Chairman Dana G Cuddington , Clerk to the BoardPage