February 7, 2022 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 579 Meeting of the Johnston County Board of Commissioners February 7 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 7 , 2022 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 , and Fred J Smith , Jr Absent Commissioners Larry Wood and Richard D Braswell Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk Dana Cuddington Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Appointments Announcement Chairman RS “ Butch ” Lawter , Jr stated the Board utilized written ballots at the 10 00 am meeting for this month’s appointments Chairman Lawter stated the votes have been tallied and he announced the following appointments were made Johnston County Planning Board – Adam Caldwell , Michelle Pace Davis , and Freddie Hudson , Jr were reappointed ; and Debbie Edwards Howard was appointed for three year terms to expire on February 28 , 2025 Johnston County Health Board – Gary W Carter was reappointed representing General Public for a three year term to expire on February 28 , 2025 Johnston - Lee - Harnett Community Action Board – Derrick Applewhite , Jr was reappointed for a two year term to expire on February 28 , 2024 2 Approval Discussion of Agenda Chairman RS “ Butch ” Lawter , Jr stated staff was contacted earlier in the day by representatives from CubeSat and they have requested to postpone their update to the Board until a later date Page580 February 7 , 2022 – 6 00 pm Continued Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Patrick E Harris , and carried by unanimous vote , the Board approved the agenda removing the CubeSat Team Update and Request for Funding 3 Public Comment A Citizen Comments – Joe Preston Joe Preston , Wilson’s Mills , addressed the Board regarding appointments of the boards and committees appointed by the Board of Commissioners Mr Preston reported that he applied for a position on the Board of Health and he expressed concerns that the Commissioners did not have some sort of interview process for the applicants Mr Preston stated positions like those on the Board of Health have a very heavy influence on the County and he believes the appointment of members should have a more thorough vetting process on the candidates involved B Citizen Comments – Kellie Ashley Kellie Ashley , Garner , Johnston County , addressed the Board Ms Ashley stated she has submitted public records requests to the County in November and December ; however , she has not received a response Ms Ashley spoke on her concerns that as a resident and business person in the County she should be able to decide things such as where she wants to build , what building materials she purchases , and what kind of contracts she chooses to enter into Ms Ashley stated Johnston County employees do not have a right to force her from her property nor take away her rights to free speech and due process C Citizen Comments – Denton Lee Denton Lee , Clayton , thanked the Board on behalf of the Johnston Health Foundation Board for adopting a resolution supporting All in Red Month Mr Lee stated the more they can publicize cardiovascular disease , then the more people can be aware of how deadly it is Mr Lee also thanked the Board for their continued support of the development of the Booker Park and encouraged the work to continue D Follow Up from Kellie Ashley Comments At the inquiry of Commissioner Ted G Godwin , County Manager Rick Hester confirmed he would look into Ms Ashley’s concerns and provide more information to the Board 4 Public Hearing Rezoning Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – January 26 and February 2 , 2022 Certified letters were mailed to adjoining property owners on January 24 , 2022 Notices were posted at the locations on September 14 , 2021 for Case 21 - 18 ; November 1 , 2021 for Case 21 - 21 ; and December 6 , 2021 for Cases 21 - 22 , 21 - 23 , and 21 - 24 The Chairman opened the Rezoning Hearing for Case 21 - 18 Case 21 - 18 Petition to rezone a 146 acre tract located at 11098 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential AR to General Business GB Tax ID 13D04056 Owner & Applicant CL Byrd Planning Director Braston Newton stated the petition is to rezone a 146 acre tract located at 11098 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential to General Business Mr Newton stated the site is currently used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and General Business and Community Business for various commercial businesses The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This parcel is also located in a Community Center Commercial Activity node Mr Newton stated the traffic count for this portion of NC Hwy 50 N is 8,900 vehicles per day as of 2019 and it appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement Applicant CL Byrd addressed the Board and explained that he purchased the property six months ago and would like to have it rezoned since much of the area is commercial At the inquiry of Commissioner Tony Braswell , Mr Byrd stated he has no specific plans at the moment Page581 February 7 , 2022 – 6 00 pm Continued 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 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 21 - 18 Decision on Rezoning Case 21 - 18 Case 21 - 18 Petition to rezone a 146 acre tract located at 11098 NC Hwy 50 N in Pleasant Grove Township from Agricultural Residential AR to General Business GB Tax ID 13D04056 Owner & Applicant CL Byrd Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 18 Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 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 a parcel identified as tax Tag ID 13D04056 located at 11098 NC Hwy 50 N in Pleasant Grove Township , from Agricultural Residential to General Business 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 amendment aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 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 General Business provides expanded opportunity for job creation and economic stability ; and b The site is located within the Primary Growth Area along an arterial corridor The request is reasonable and in the public interest in that General Business is compatible with surrounding land uses and zoning , which include other General Business zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business st Adopted this the 7 day of February , 2022 The Chairman reopened the Rezoning Hearing for Case 21 - 21 Case 21 - 21 Petition to rezone 783 acres located at 698 Church Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13E04025B & 13E04025C Owner & Applicant Consolidated of NC , LLC Conditional Zoning Request Outdoor Public Storage , condition unconditioned storage buildings , commercial flex retail Page582 February 7 , 2022 – 6 00 pm Continued Planning Director Braston Newton stated the petition is to rezone 783 acres located at 698 Church Road in Pleasant Grove Township from Agricultural Residential to General Business - Conditional Zoning Mr Newton stated the site is currently used for a mobile home park and the conditional zoning district request is for outdoor public storage , conditioned unconditioned storage buildings , and commercial flex retail The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business – Special Use District for an auto sales lot ; and Community Business for a restaurant Mr Newton noted the adjoining property is also used for a container plant nursery The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of NC Hwy 50 is 8,900 vehicles per day as of 2019 and a traffic count for Church Road is not available Mr Newton noted that NC Hwy 50 appears on the Comprehensive Transportation Plan as a boulevard needing improvement The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Conditions 1 Land use restricted to outdoor indoor storage of boats , RV’s , and trailers as well as additional general storage facilities Flex office and or retail facilities Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 4 24 - hour accessibility 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 7 All signage shall comply with the Johnston County sign code 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 10 If one acre or more is planned to be disturbed , an erosion control permit will be required 11 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 12 An 8 foot opaque fence will be installed around storage area Mr David Manning , representing Applicant Consolidated of NC , LLC , addressed the Board and offered to answer any questions Mr Manning stated he along with his brothers own Consolidated of NC , LLC At the inquiry of the Chairman , Mr Manning confirmed they agree with the conditions as currently proposed The Chairman called for anyone that wished to speak on the case to come forward Andy Stephenson , Owner of Stephenson’s BBQ , 11964 NC Hwy 50 , stated he is not trying to keep Mr Manning from developing the property , but he does have some concerns Mr Stephenson asked for a definition of “ commercial flex retail ” Mr Newton responded that it would include anything listed under the general business zoning classification Mr Stephenson shared a survey map of the area with the Board noting the location of the subject site in relation to his adjacent property Mr Stephenson stated he is concerned over the type of lighting that may be used and how it could affect the plant growth at his nursery Mr Stephenson spoke on the existing mini - storage operation and how the lighting on that facility is very bright and he is concerned if the same type of lighting is used on the proposed facility , it could affect his nursery Mr Stephenson asked the Board to consider requiring a 30 ’ buffer around all zoning lines as well as dark sky lighting Mr Stephenson also spoke on his concerns regarding any drainage that could come from the subject site onto his property Commissioner Tony Braswell noted that condition # 3 calls for dark sky lighting and asked Mr Stephenson if that satisfies his concerns Mr Stephenson responded that he is fine with condition # 3 , but he would like to ask the Board to consider a minimal amount of lighting on the rear units PagePage pageNumber5583 February 7 , 2022 – 6 00 pm Continued Upon a question by Chairman RS “ Butch ” Lawter , Jr , Mr Newton stated if the request is approved , the applicant will be required to submit a full set of construction drawings and staff will ensure that there is an engineered lighting plan Commissioner Fred J Smith , Jr stated when considering the needs of the applicant as well as the adjacent property owner , he feels that requiring a 30 ’ buffer along all property lines would not be unduly burdensome Commissioner Smith moved the Board require a 30 ’ buffer along all property lines At the inquiry of the Chairman , County Attorney Jennifer Slusser stated the Board could make a motion to modify the buffer ; however , the applicant must agree to that change Commissioner Ted G Godwin noted there might be other things the Board would like to change and suggested waiting until the final decision Commissioner Smith withdrew his motion and asked Mr Manning if he would agree to a 30 ’ buffer Mr Manning stated he did not feel the requirement of a 30 ’ buffer along all property lines is fair to them because they purchased the property with the intention of following the rules for commercial development Mr Manning expressed concerns that expanding the buffer will decrease their amount of property to build on Commissioner Smith noted that the type of use being proposed and the existing adjoining business owned by Mr Stephenson are two completely different uses , and the purpose of conditional use zoning is to place conditions on a use so that it is more in harmony with the surroundings Mr Manning expressed concerns that he does not feel it is fair to them to change the rules after they have already purchased the property Commissioner Smith stated he could understand Mr Manning’s concerns ; however , the adjacent property owners also must be considered Commissioner Smith asked Mr Manning if there was any type of compromise to be considered Mr Manning stated he would have to speak with his brothers on any kind of compromise , but he feels it would not be fair to them Mr Manning stated if the Board places conditions on the property expanding the buffer then he would request the Board apply those same conditions on other properties At the inquiry of Commissioner Godwin , Mr Manning stated they have owned the property approximately three years Upon a question by Commissioner Patrick E Harris , County Attorney Jennifer Slusser confirmed that conditional zoning allows the Board to put specific conditions on a use based on the neighborhood and surrounding area ; however , she noted that the conditions must be agreed upon by the Board and the applicant Ms Slusser stated if the applicant does not agree to the conditions , then the Board must consider if the proposed use is in the public interest Ms Slusser noted that the Board is considering the specific request before them and it would not be appropriate for the Board to make any kind of determination about any other properties that are not before the Board At the request of Chairman Lawter , Mr Newton reviewed the site plan with the Board noting the property lines where it currently calls for a 15 ’ buffer that adjoins Mr Stephenson’s property Mr Newton noted that a 30 ’ buffer is required along property zoned for agriculture , and the 15 ’ buffer would be between property zoned for community business Commissioner Tony Braswell commented that he tends to agree with the applicant in that their plans are in accordance with the current ordinance and even though this is a legislative hearing , to change that would be an exception to a rule Commissioner Harris noted the conditions can be different from other situations because they are based on the particular area and its surroundings Upon a question by Commissioner Godwin , Mr Newton stated if the request is approved and there is a violation of the conditions , a notice of violation would be sent to the applicant allowing them a period of time toPagePage pageNumber6584 February 7 , 2022 – 6 00 pm Continued comply and if they do not , the County would seek other remedies Mr Newton clarified that although this is a legislative hearing , the applicant would be bound by any conditions placed on the use Mr Manning stated he understands the concerns by Mr Stephenson and they want to make the neighbors happy Mr Manning commented that their goal is to improve an area and they frequently receive compliments on other facilities they have At the inquiry of Chairman Lawter , Mr Manning stated he would need to talk to his brothers who own the property with him to see if they would agree to modified conditions Chairman Lawter asked Mr Manning if he would prefer the Board to table the case until he can speak with his brothers Mr Manning responded that he does not wish to table the case Mr Stephenson readdressed the Board and stated he is requesting the expanded buffer because that side of his property is the growing area for the plant nursery Mr Stephenson stated although the nursery is on the same parcel as the restaurant , it is actually located 100 yards from the restaurant and he considers it an agriculture horticulture growing area 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 with an attached list of conditions as submitted in the agenda packet Chairman Lawter noted there was also a concern regarding stormwater runoff Mr Newton responded that stormwater would be addressed during site plan review Commissioner Smith stated Mr Stephenson’s nursery is an agricultural use and the statute allows the Board to apply conditions on a case - by - case basis and for what is in the best interest of the particular area Commissioner Harris stated he believes the applicant should have a right to do with their property what they want to , but not to the detriment of others and the Board is trying to find a compromise At the inquiry of Chairman Lawter , there was a consensus of the Board for the buffer to be expanded to 30 ’ Mr Newton clarified that the type of buffer the Commissioners are referencing would be a Class C buffer , which is 30 ’ , instead of a Class B buffer He stated a Class C buffer is slightly more dense than a Class B Chairman Lawter asked the applicant if he agrees to a Class C buffer Mr Manning stated while it is unfortunate , he agrees with the change There being no further comments , the Chairman recessed the Rezoning Hearing for Case 21 - 21 Decision on Rezoning Case 21 - 21 Case 21 - 21 Petition to rezone 783 acres located at 698 Church Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13E04025B & 13E04025C Owner & Applicant Consolidated of NC , LLC Conditional Zoning Request Outdoor Public Storage , condition unconditioned storage buildings , commercial flex retail Commissioner Fred J Smith , Jr moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 21 - 21 , changing condition # 6 from a Class B buffer to a Class C buffer Commissioner Patrick E Harris seconded the motion , which carried by the following vote Ayes Commissioners RS “ Butch ” Lawter , Jr , Patrick E Harris , Ted G Godwin , and Fred J Smith , Jr PagePage pageNumber7585 February 7 , 2022 – 6 00 pm Continued Nays Commissioner Tony Braswell Absent Commissioners Larry Wood and Richard D Braswell RESOLUTION FOR CASE NUMBER 21 - 21 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 a parcels identified as tax Tag ID 13E04025B and 13E04025C located at 698 Church Road in Pleasant Grove Township , from Agricultural Residential to General Business - Conditional Zoning 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 amendment aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 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 General Business - Conditional Zoning provides expanded service to the neighborhood and surrounding community ; and b The site is located within the Primary Growth Area and , the request is reasonable and in the public interest in that General Business is compatible with surrounding land uses and zoning , which include other General Business zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning st Adopted this the 7 day of February , 2022 Conditions 1 Land use restricted to outdoor indoor storage of boats , RV’s , and trailers as well as additional general storage facilities Flex office and or retail facilities 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 4 24 - hour accessibility 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 7 All signage shall comply with the Johnston County sign code 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 10 If one acre or more is planned to be disturbed , an erosion control permit will be required 11 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 12 An 8 foot opaque fence will be installed around storage area PagePage pageNumber8586 February 7 , 2022 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 21 - 22 Case 21 - 22 Petition to rezone 205 acres located at 11138 Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E02055Q Owner Bobby & Peggy Creech Applicant Jana Brown Planning Director Braston Newton stated the petition is to rezone 205 acres located at 11138 Cleveland Road in Cleveland Township from Agricultural Residential to General Business Mr Newton stated the site is currently used for agricultural residential purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and General Business for a dance studio , auto repair shop , restaurant , church , daycare , and business offices The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This parcel is also located in a Neighborhood Center Commercial Activity node Mr Newton stated the traffic count for this portion of Cleveland Road is 16,000 vehicles per day as of 2017 and appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement Applicant Jana Brown stated she is requesting the rezoning in order to open an ice cream shop on the site 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 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 21 - 22 Decision on Rezoning Case 21 - 22 Case 21 - 22 Petition to rezone 205 acres located at 11138 Cleveland Road in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E02055Q Owner Bobby & Peggy Creech Applicant Jana Brown Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 21 - 22 Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 22 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 a parcel identified as tax Tag ID 06E02055Q located at 11138 Cleveland Road in Pleasant Grove Township , from Agricultural Residential to General Business 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 PagePage pageNumber9587 February 7 , 2022 – 6 00 pm Continued a The amendment aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 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 General Business provides expanded opportunity for job creation and economic stability ; and b The site is located within the Primary Growth Area that has experienced much commercial growth to serve a growing community The request is reasonable and in the public interest in that General Business is compatible with surrounding land uses and zoning , which include other General Business zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business st Adopted this the 7 day of February , 2022 It was the consensus of the Board to accept a request from Chairman RS “ Butch ” Lawter , Jr to abstain from Case 21 - 23 Chairman Lawter turned the meeting over to Vice Chairman Patrick E Harris The Vice Chairman reopened the Rezoning Hearing for Case 21 - 23 Case 21 - 23 Petition to rezone 201 acres located at 6100 NC Hwy 42 in Cleveland Township from Agricultural Residential AR to Industrial - 2 Conditional Zoning District I - 2 CZ Tax ID 06D01009 Owner Patricia Ann Johnson Maynard & Paulette Johnson Slayton Applicant Merritt Acquisitions , LLC - Nathan Robb Conditional Zoning Request Limited Heavy Industrial Planning Director Braston Newton stated the petition is to rezone 201 acres located at 6100 NC Hwy 42 in Cleveland Township from Agricultural Residential to Industrial - 2 Conditional Zoning District Mr Newton stated the site is currently vacant and the conditional zoning district request is for limited heavy industrial The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business – Special Use District for auto part sales ; and General Business for restaurants , a law office , kennel , auto parts store , gas station convenience store The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of NC Hwy 42 is 19,500 vehicles per day as of 2019 and appears on the Comprehensive Transportation Plan as a boulevard needing improvement The Vice Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Conditions 1 The following uses shall not be permitted Airport , Asphalt Plant , Carnival Circus temporary , Coal Wood Fuel Yards , Pole Treating Plants , Concrete Plant - Manufacturing , Cotton Gin - Cotton Waste Processing , Extraction of Earth Products , Fertilizing Manufacturing , Junkyard or Salvage Yard , Landfills , Mining Quarry Operation Trucking Terminals - Transfer Companies , or Wholesale Gasoline Storage Facility Proposed by applicant 2 Primary functions and operation of uses within the site will be conducted indoors and will comply with local noise ordinances Proposed by applicant 3 All manufacturing uses shall take place within an enclosed building Proposed by applicant 4 No outdoor loudspeakers will be permitted to be installed on the exterior of any building Amplified sound will only be permitted on a temporary basis for singular events , no later than 11 00 pm , within the parameters of the County noise ordinance Proposed by applicant 5 Lights shall be downward facing Lights shall be equipped with fully shielded fixtures so that no light is emitting upwards Exceptions would include landscape and ornamental parking lot lighting Aerial lasers and searchlights shall be prohibited Building mounted lighting can be dimmed Proposed by applicant 6 When possible mechanical systems will be placed on the roof , and screened to eliminate site lines and reduce potential noise impacts When not possible , mechanical systems may be placed in the rear of the building , and screened accordingly Proposed by applicant 7 Applicant will endeavor with the adjacent property owners to have combined access to Hwy 42 at the NE corner of the site , ie Advanced Auto Otherwise , the applicant will be limited to one entrance , pending the outcome of the TIA , the access may only be Right in Right out Proposed by applicant 8 The development shall conform to all requirements of the Johnston County Land Development Code 9 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 10 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines Page0588 February 7 , 2022 – 6 00 pm Continued 11 All signage shall comply with the Johnston County sign code 12 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Applicant Nathan Robb provided the Board with a background on Merritt Acquisitions and spoke on other developments they have completed Mr Robb presented the following presentation to the Board Page1589 February 7 , 2022 – 6 00 pm ContinuedPage2590 February 7 , 2022 – 6 00 pm ContinuedPage3591 February 7 , 2022 – 6 00 pm Continued Mr Robb stated they are planning on building 180,000 sq ft of light industrial flex warehouse for people to open businesses that can serve the community He stated they are also planning 30,000 sq ft as incubator building space Mr Robb stated they are estimating the facility will create 300 – 400 part - time jobs for construction and up to 400 full time jobs after occupancy He offered to answer any questions At the inquiry of Vice Chairman Harris , Mr Robb confirmed they agree with the conditions Wayne Lewter , 6200 NC Hwy 42 , stated he and his mother own the adjacent property Mr Lewter questioned the types of uses that would be allowed and asked for more information Mr Newton reviewed the conditions with Mr Lewter , pointing out the uses that would be restricted in accordance with the conditions as currently proposed Mr Lewter stated they have owned their property for over 50 years and just want to be sure of what type of uses would be allowed There being no further public comments , the Vice 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 with an attached list of conditions as submitted in the agenda packet The Vice Chairman asked if there were any questions or concerns from Commissioners on the conditions as proposed There being no further comments , the Vice Chairman recessed the Rezoning Hearing for Case 21 - 23 Decision on Rezoning Case 21 - 23 Case 21 - 23 Petition to rezone 201 acres located at 6100 NC Hwy 42 in Cleveland Township from Agricultural Residential AR to Industrial - 2 Conditional Zoning District I - 2 CZ Tax ID 06D01009 Owner Patricia Ann Johnson Maynard & Paulette Johnson Slayton Applicant Merritt Acquisitions , LLC - Nathan Robb Conditional Zoning Request Limited Heavy Industrial Commissioner Tony Braswell moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions as follows for Case 21 - 23 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote with Chairman Lawter abstaining RESOLUTION FOR CASE NUMBER 21 - 23 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 a parcel identified as tax Tag ID 06D01009 located at 6100 NC Hwy 42 W in Cleveland Township , from Agricultural Residential to Industrial 2 - Conditional Zoning 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 Page4592 February 7 , 2022 – 6 00 pm Continued 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 amendment aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 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 2 - Conditional Zoning provides expanded opportunity for job creation and economic stability ; and b The site is located within the Primary Growth Area along a major growth corridor and is proximal to an identified Regional Activity Center The request is reasonable and in the public interest in that General Business is compatible with surrounding land uses and zoning , which include other General Business zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to Industrial 2 - Conditional Zoning st Adopted this the 7 day of February , 2022 Conditions 1 The following uses shall not be permitted Airport , Asphalt Plant , Carnival Circus temporary , Coal Wood Fuel Yards , Pole Treating Plants , Concrete Plant - Manufacturing , Cotton Gin - Cotton Waste Processing , Extraction of Earth Products , Fertilizing Manufacturing , Junkyard or Salvage Yard , Landfills , Mining Quarry Operation Trucking Terminals - Transfer Companies , or Wholesale Gasoline Storage Facility 2 Primary functions and operation of uses within the site will be conducted indoors and will comply with local noise ordinances 3 All manufacturing uses shall take place within an enclosed building 4 No outdoor loudspeakers will be permitted to be installed on the exterior of any building Amplified sound will only be permitted on a temporary basis for singular events , no later than 11 00 pm , within the parameters of the County noise ordinance 5 Lights shall be downward facing Lights shall be equipped with fully shielded fixtures so that no light is emitting upwards Exceptions would include landscape and ornamental parking lot lighting Aerial lasers and searchlights shall be prohibited Building mounted lighting can be dimmed 6 When possible mechanical systems will be placed on the roof , and screened to eliminate site lines and reduce potential noise impacts When not possible , mechanical systems may be placed in the rear of the building , and screened accordingly 7 Applicant will endeavor with the adjacent property owners to have combined access to Hwy 42 at the NE corner of the site , ie Advanced Auto Otherwise , the applicant will be limited to one entrance , pending the outcome of the TIA , the access may only be Right in Right out 8 The development shall conform to all requirements of the Johnston County Land Development Code 9 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 10 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 11 All signage shall comply with the Johnston County sign code 12 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies The Vice Chairman turned the meeting back over to the Chairman The Chairman reopened the Rezoning Hearing for Case 21 - 24 Case 21 - 24 Petition to rezone 4 acres located at 16810 Buffalo Rd in Wilders Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 16J01009L Owner Bobby Taylor Applicant Stephen Allen Conditional Zoning Request Parking & Storage Facility Planning Director Braston Newton stated the petition is to rezone 4 acres located at 16810 Buffalo Road in Wilders Township from Agricultural Residential to General Business - Conditional Zoning Mr Newton stated the site is currently used for agricultural purposes and the conditional zoning district request is for a parking and storage facility The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Buffalo Road is 8,100 vehicles per day as of 2019 and appears on the Comprehensive Transportation Plan as a boulevard needing improvement Page5593 February 7 , 2022 – 6 00 pm Continued At the inquiry of Commissioner Tony Braswell , Mr Newton stated the next closest business to the subject site is at the intersection of Maggie Way and Buffalo Road and is a special use district for a plumbing contractor Commissioner Fred J Smith , Jr commented that there are almost no businesses in this area The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Conditions 1 Land use restricted to indoor storage and outdoor storage of Trucks , boats , RV’s , trailers , etc Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 4 24 - hour accessibility 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 7 All signage shall comply with the Johnston County sign code 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 10 If one acre or more is planned to be disturbed , an erosion control permit will be required 11 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 12 Fire hydrant needed for proposed building 13 An 8 foot opaque fence will be installed around storage area Jim Griffin , representing Applicant Stephen Allen , addressed the Board Mr Griffin stated there is a church across the street and a radio tower almost directly across the street Mr Griffin stated there is a planned residential development in the area and they believe the proposed use is needed to serve the new housing At the inquiry of the Chairman , Mr Griffin confirmed they agree with the conditions as currently proposed Herbert Case , 16750 Buffalo Road , stated his property is just to the south of the subject site and his daughter lives directly adjacent to the subject site Mr Case spoke in opposition to the request stating the area is primarily agricultural and the proposed use would not be good for the area Mr Case spoke on his concerns with traffic , safety , lighting , drainage from the subject site onto his property , littering and the planned location of the driveway in relation to his daughter’s residence Mr Case stated there are ten other mini storage facilities within five miles of the area and he does not see the need for another Mr Case asked the Board to consider the neighborhood and noted he would rather have a subdivision on the property than the proposed use Owner Bobby Taylor addressed the Board and stated he owns this property as well as the property directly behind it Mr Taylor stated the driveway would be relocated to the opposite side of the property so it would not interfere with the neighboring property owner Mr Taylor continued that there would be a landscaping buffer to offset lighting and the drainage would drain back to the corner of his own property instead of the neighbor Mr Taylor stated they plan to have rules in place to limit the impacts to the neighbors and the facility would not be open 24 hours a day Chairman RS “ Butch ” Lawter , Jr stated the Board received emails in opposition from Preston Ray , Shelli Mailhot , and Sheila Eilers Kassidy Case , 16782 Buffalo Road , stated she lives directly beside the subject site and she is opposed to the proposed use Ms Case spoke on her concerns that the proposed use would impact her property as well as her animals She also expressed concerns over safety and asked if the use would have surveillance Ms Case stated the proposed use is not right for the area Leon Cobb , 16894 Buffalo Road , stated while everyone would love to see their area remain the same , things are changing Mr Cobb stated with the housing being built in the area , people need somewhere to store things and he would rather see a mini - storage use than something else Mr Cobb stated he does not have a problem with the proposed use Page6594 February 7 , 2022 – 6 00 pm Continued Herbert Case readdressed the Board and noted the location of his daughter’s Kassidy Case property in relation to the subject site There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended denial of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet At the request of Chairman Lawter , County Attorney Jennifer Slusser stated the Board must consider if the request is consistent with the Comprehensive Land Use Plan and if it is in the public interest At the inquiry of Commissioner Ted G Godwin , Mr Newton stated staff recommended denial based on inconsistency with the surrounding area There being no further comments , the Chairman closed the Rezoning Hearing for Case 21 - 24 Chairman Lawter commented that he does not believe the proposed use is consistent with the surrounding uses Commissioner Smith agreed that in this case , the proposed use is inconsistent with the surrounding neighborhood Decision on Rezoning Case 21 - 24 Case 21 - 24 Petition to rezone 4 acres located at 16810 Buffalo Rd in Wilders Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 16J01009L Owner Bobby Taylor Applicant Stephen Allen Conditional Zoning Request Parking & Storage Facility Commissioner Patrick E Harris moved the Board adopt a Statement of Consistency Resolution and deny the rezoning request for Case 21 - 24 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 21 - 24 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement as to whether the amendment is consistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 16J01009L located at 16810 Buffalo Road , Wilders Township , from Agricultural Residential to General Business - Conditional Zoning WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners deny 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 adopt a statement describing why the adoption of the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment not 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 not the Land Use Plan and updates indicate that a The amendment request is not consistent with the Comprehensive Land Use Plan in that it does not align with “ Goal 2 Reduce the possibility of incompatible land uses and mitigate them when they occur ” 2 This Board finds and determines that it is reasonable and in the public interest to adopt the not not proposed amendment because Page7595 February 7 , 2022 – 6 00 pm Continued a The proposed development is not harmonious with surrounding land uses 3 This Board denies the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning th Adopted this the 7 day of February , 2022 5 Planning Activity Report – Comprehensive Land Use Plan Update Planning Director Braston Newton reported on the recent meeting of the Comprehensive Land Use Plan Steering Committee He presented the following update to the Board Page8596 February 7 , 2022 – 6 00 pm ContinuedPage9597 February 7 , 2022 – 6 00 pm ContinuedPage0598 February 7 , 2022 – 6 00 pm ContinuedPage1599 February 7 , 2022 – 6 00 pm ContinuedPage2600 February 7 , 2022 – 6 00 pm ContinuedPage3601 February 7 , 2022 – 6 00 pm ContinuedPage4602 February 7 , 2022 – 6 00 pm Continued Mr Newton stated he would appreciate the Board reviewing the material further and providing any feedback to staff He noted that Nealon Planning would provide more detailed information to the Board at the February 21 , 2022 meeting Commissioner Fred J Smith , Jr stated this would be a good subject to talk about at the Board’s upcoming retreat 6 Manager Reports and Comments A Galot Motorsports Grant Opportunity Economic Development Director Chris Johnson reported the County was contacted by Galot Motorsports regarding a grant opportunity from the State , which requires the local government to be a pass - through for the funds Mr Johnson stated 40 million in State funding has been set aside for racetracks in North Carolina and Galot is eligible to receive the assistance Mr Johnson stated no matching funds are required and there is no risk to the County He explained the funds would be received by Johnston County from the North CarolinaPage5603 February 7 , 2022 – 6 00 pm Continued Department of Commerce and then directly transferred to Galot Motorsports Mr Johnson stated his office would be working with Galot on their application for the funds and he would bring more information back to the Board at the February 21 , 2022 meeting 7 Board Reports and Comments A Comments from Commissioner Ted G Godwin Commissioner Ted G Godwin spoke on the difficulties of making decisions on the rezoning cases that come before the Board when trying to consider the applicants as well as the impacts to the surrounding property owners Commissioner Godwin commented that with the Comprehensive Land Use Plan update , he suspects that the Board will end up with a document that they can live with although it may not necessarily be something they want B Johnston County Schools Enrollment and Budget Data Commissioner Fred J Smith , Jr spoke on the enrollment statistics from Johnston County Schools from 2017 to 2021 in comparison to the amount of current expense budget funding the County has allocated to the schools during that same period of time Commissioner Smith pointed out that overall , the County increased its current expense budget allocation to Johnston County Schools from 2017 to 2021 by 25 while the enrollment numbers saw an increase of 0027 from 2017 to 2021 005 when projected out to 2022 There being no further business , Commissioner Ted G Godwin moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote The meeting adjourned at 8 05 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage