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

10 639 Meeting of the Johnston County Board of Commissioners March 7 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 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 , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , and Richard D Braswell Absent Vice Chairman Patrick E Harris 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 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried by unanimous vote , the Board approved the agenda as presented 2 Public Comment None 3 Public Hearing Rezoning Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – February 23 and March 2 , 2022 Certified letters were mailed to adjoining property owners on February 18 , 2022 Notices were posted at the locations on January 4 , 2022 for Cases 22 - 01 , 22 - 02 , 22 - 03 , and 22 - 04 The Chairman opened the Rezoning Hearing for Case 22 - 01 Case 22 - 01 Petition to rezone 12614 acres located in the 1200 block of New Bethel Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential with Interstate Highway Overlay AR w IHI Tax ID 05E01199B , 05E01199A , 05E01008 , 05F02199M , 05E01199 , 05F02199 , 05F01199R Owner Madge Johnson Jones Trust & Claude Trotter Jr Applicant Site Development Charles Walker Planning Director Braston Newton stated the petition is to rezone 12614 acres located in the 1200 block of New Bethel Road in the Cleveland Township from Agricultural Residential to Agricultural Residential with Interstate Highway Interchange Overlay Mr Newton stated the site is currently vacant and woodland for the most part The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Interstate Highway Interchange – Special Use District for a planned unit development Mr Newton noted that at the present time , there is no direct roadway connection between this property and the property zoned Interstate Highway Interchange – Special Use District 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 New Bethel Road is not available because it is a dead - end road and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton noted that this case came before the Board in October 2020 and was proposed for a PUD with 467 dwelling units ; however , it was denied At the inquiry of Commissioner Ted G Godwin , Mr Newton stated the Interstate Highway Interchange is an overlay district that extends in a 3,000 ’ radius from the mid - point of an interchange Keith Roberts , 202 Bonica Creek Drive , Garner , representing the applicant , stated the property is located near a major intersection and is bordered on the west by I - 40 and on the north by US Hwy 70 He stated they propose to develop the property similar to the Tapestry development located at the I - 40 NC 42 interchange , which consists of duplexes that typically attract the older population Mr Roberts stated the proposed use would not be a heavy generator of traffic , would not be a burden on the environment and would meet the intent of the Interstate Highway Interchange overlay Mr Roberts stated because of the typical type of buyer , it would not overburden the schools Mr Roberts stated a representative is present from Ramey Kemp Associates to answer any questions on the Traffic Impact Analysis Page640 March 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 Upon a question by Commissioner Tony Braswell , Mr Newton stated the request in October 2020 was for a mix of townhomes as well as single - family units He stated the applicant would be able to comment on the number of units they propose with the current request At the inquiry of Commissioner Fred J Smith , Jr , Mr Newton stated the rezoning is necessary in order to develop the property at a higher density than what is currently allowed He added that currently , under the Agricultural Residential zoning , the applicant can develop the property at one unit per acre for residential or any other allowed use within the Agricultural Residential zoning classification Mr Newton stated as the request currently is , which is for a straight rezoning , the Board cannot place conditions on the use He continued that if the rezoning is approved and the Interstate Highway Interchange overlay district is expanded , then the applicant could develop any use currently allowed within that district , which is fairly expansive Mr Newton stated if the request is not approved , the applicant can still develop the property for residential , only at a lower density of one unit per acre under the current zoning Commissioner Richard D Braswell noted there was some discussion at the Planning Board meeting regarding wetlands and asked for more information Mr Newton stated the bottom portion of the subject site borders Swift Creek so he would think there would be wet areas at that location on the site and possibly going back to the west towards I - 40 Commissioner Godwin stated his concern is all the traffic from the subdivisions that empty out onto New Bethel Road , which then comes out to Cornwallis , and that is a significant number At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Newton stated the benefit to the applicant of rezoning from Agricultural Residential to Agricultural Residential with the Interstate Highway Interchange overlay most likely relates to a higher density and possibly connecting to sewer He stated in order to develop for residential with sewer , a site that is located within the outlying residential sewer service area must be adjacent to an existing residential development already served by sewer , which this site is , and would have to either be a PUD or develop at 15 units per acre with no minimum lot size Mr Newton stated if the rezoning is denied , the property could still be developed for residential at one unit per acre but would not be allowed to connect to sewer Commissioner Tony Braswell commented that staff recommended denial in 2020 because of concerns with the planned density on New Bethel Road and he asked if that was still a concern Mr Newton stated if the rezoning is approved and the site is developed at a higher density , one of staff’s concerns is emergency access along New Bethel Road , which is a dead end road He continued that there are issues with New Bethel Road due to its overall width and current condition as well as how everything funnels back to Cornwallis Road , which already exceeds its capacity with regards to traffic congestion Mr Newton noted that a Traffic Impact Analysis was completed and improvements were noted to be done if the property is developed in the manner it was presented Mr Newton stated a traffic signal was warranted at New Bethel Road and Cornwallis Road in the TIA ; however , although a signal will control the access , it will not help with congestion Mr Newton stated another concern is New Bethel Road would be the only road in and out of the development There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 01 Decision on Rezoning Case 22 - 01 Case 22 - 01 Petition to rezone 12614 acres located in the 1200 block of New Bethel Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential with Interstate Highway Overlay AR w IHI Tax ID 05E01199B , 05E01199A , 05E01008 , 05F02199M , 05E01199 , 05F02199 , 05F01199R Owner Madge Johnson Jones Trust & Claude Trotter Jr Applicant Site Development Charles WalkerPage641 March 7 , 2022 – 6 00 pm Continued Commissioner Ted G Godwin stated the Board must look at the issues to be considered , which include consistency with the Comprehensive Land Use Plan ; public interest ; reasonableness consisting of size , physical conditions , and other attributes of the area proposed to be rezoned ; and the benefits and detriments to the landowners , neighbors , and surrounding community He stated as the property is currently zoned , it can be developed for residential at a lower density which would mitigate the problems it brings to the entire neighborhood Commissioner Godwin stated considering all the information , he is not in favor of approving the rezoning Commissioner Godwin moved the Board adopt the following Statement of Consistency Resolution that the proposed use is not consistent with the Johnston County Land Use Plan and not in the public interest and deny the rezoning request for Case 22 - 01 Commissioner Tony Braswell seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 01 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 05E01199B , 05E01199A , 05E01008 , 05F02199M , 05E01199 , 05F02199 , 05F01199R located in the 1200 block of New Bethel Road in the Cleveland Township , from Agricultural Residential to Agricultural Residential Interstate Highway Interchange Overlay 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 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 Objective 1B , in that it does not promote higher density development in areas already dense and does not promote efficient use of infrastructure utilities 2 This Board finds and determines that it is reasonable and in the public interest to adopt the not not proposed amendment because a The proposed development will adversely impact the movement of traffic through adjacent development and cause added congestion to a boulevard already needing improvement th Adopted this the 7 day of March , 2022 The Chairman reopened the Rezoning Hearing for Case 22 - 02 Case 22 - 02 Petition to rezone 1457 acres located in the 700 block of Pearidge Road in Pleasant Grove Township from Mobile Home Park District MHPD to General Business - Conditional Zoning GB - CZ Tax ID 13A01030D Owner JMS Investment Group , LLC Applicant JMS Investment Group , LLC Conditional Zoning Request Commercial Building with offices and warehouse Planning Director Braston Newton stated the petition is to rezone 1457 acres located in the 700 block of Pearidge Road in Pleasant Grove Township from Mobile Home Park District to General Business - Conditional Zoning Mr Newton stated the site is currently vacant and the mobile home park was never developed He stated the conditional zoning request is to allow for a commercial building with office and warehouse The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Mobile Home Park District for a mobile home park Mr Newton stated the land also borders Harnett County The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Pearidge Road is not available and does not appear on the Comprehensive Transportation Plan as needing improvement Page642 March 7 , 2022 – 6 00 pm Continued The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Conditions 1 Proposed uses Landscape Business , Light Grading Contractor , Equipment Storage area Proposed by applicant 2 Standard regulations that fall under General Business zoning like setbacks , buffers , landscaping and other site development standards Proposed by applicant 3 Outdoor storage shall be contained within a sufficiently screened fence and landscape buffer Proposed by applicant 4 Businesses will generally operate during standard business hours Proposed by applicant 5 Lighting shall be dark sky or down lighting so as not to shine on adjacent properties 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 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 9 All signage shall comply with the Johnston County sign code 10 Might need turn lane will be determined by NCDOT if approved 11 NCDOT Driveway Permit required 12 At time of development , if 17,000 sf of impervious area is proposed to be added a stormwater permit will be required 13 If an acre or more of disturbance is proposed , an erosion control permit will be required 14 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Keith Roberts , 202 Bonica Creek Drive , Garner , representing the applicant , stated in looking at the site , they tried to determine a best use for the property and they feel the proposed rezoning would have no negative impacts on the surrounding area In response to Commissioner Tony Braswell , Mr Roberts stated a landscaping business is proposed to include a building for the office and truck parking At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Roberts confirmed that the conditions , as proposed , are acceptable and would allow for their plans Commissioner Fred J Smith , Jr commented that the property is completely surrounded by agricultural uses and there appears to be no houses Mr Roberts noted there are some mobile homes nearby and there is a landscaping nursery to the east Upon a question by Commissioner Richard D Braswell , Mr Roberts confirmed the use would be a landscaping business managed by the owner himself Jarod Shay , 3229 Summer Oaks Drive , Apex , Owner , stated he would like to use the property for his landscaping business He stated the trucks entering and exiting the site would belong to his business and there would be no subleasing of space for others to park trucks Mr Shay noted there is an agricultural operation across the road that they purchase sod from and there is a landscaping nursery in the area nearby He stated they plan to have an office on site Mr Shay noted the property will only perk for one home ; however , they do not plan to use the site for residential purposes At the inquiry of Commissioners Smith and T Braswell , Mr Shay confirmed that this would be his primary business and they are currently located in Fuquay - Varina , but plan to move that operation to this site if approved In response to the Chairman , Mr Shay confirmed that they agree to the conditions as proposed Chairman Lawter questioned the hours of operation condition and asked what time does the business normally operate Mr Shay responded that they currently start at 6 30 am and end the day somewhere around 4 30 pm PagePage pageNumber5643 March 7 , 2022 – 6 00 pm Continued Mr Newton suggested adding specific times to the condition for clarification and County Attorney Jennifer Slusser agreed At the inquiry of Commissioner Ted G Godwin , Mr Shay stated he agrees to hours of operation as 6 00 am until 8 00 pm Monday through Saturday 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 The Chairman asked if there were any questions or concerns from Commissioners on the conditions as proposed There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 02 Decision on Rezoning Case 22 - 02 Case 22 - 02 Petition to rezone 1457 acres located in the 700 block of Pearidge Road in Pleasant Grove Township from Mobile Home Park District MHPD to General Business - Conditional Zoning GB - CZ Tax ID 13A01030D Owner JMS Investment Group , LLC Applicant JMS Investment Group , LLC Conditional Zoning Request Commercial Building with offices and warehouse Commissioner Fred J Smith , Jr moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 22 - 02 , changing condition # 4 that the hours of operation shall be Monday through Saturday 6 00 am until 8 00 pm Commissioner Tony Braswell seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 02 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 13A01030D located in the 700 block of Pearidge Road in Pleasant Grove Township , from Mobile Home Park District 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 3 Diversify and Expand the Economy ” found in the Comprehensive Land Use Plan , by encouraging the development and expansion of new business and industry 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 additional opportunity for new business to locate within the county ; andPagePage pageNumber6644 March 7 , 2022 – 6 00 pm Continued 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 th Adopted this the 7 day of March , 2022 Conditions 1 Landscape Business , Light Grading Contractor , Equipment Storage area 2 Standard regulations that fall under General Business zoning like setbacks , buffers , landscaping and other site development standards 3 Outdoor storage shall be contained within a sufficiently screened fence and landscape buffer 4 Hours of operation shall be Monday through Saturday 6 00 am until 8 00 pm 5 Lighting shall be dark sky or down lighting so as not to shine on adjacent properties 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 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 9 All signage shall comply with the Johnston County sign code 10 Might need turn lane will be determined by NCDOT if approved 11 NCDOT Driveway Permit required 12 At time of development , if 17,000 sf of impervious area is proposed to be added a stormwater permit will be required 13 If an acre or more of disturbance is proposed , an erosion control permit will be required 14 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies The Chairman reopened the Rezoning Hearing for Case 22 - 03 Case 22 - 03 Petition to rezone 1369 acres located at 2752 Plain View Church Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13B03009I Owner JMS Investment Group , LLC Applicant JMS Investment Group , LLC Conditional Zoning Request Outdoor Storage for Boats , RV’s , travel trailers , and trailers Planning Director Braston Newton stated the petition is to rezone 1369 acres located at 2752 Plain View Church Road in Pleasant Grove Township from Agricultural Residential to General Business - Conditional Zoning Mr Newton stated the site is currently used for agricultural and residential purposes He stated the conditional zoning request is to allow for outdoor storage for boats , recreational vehicles , travel trailers , and trailers The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Agricultural Residential – Special Use District and used as an outdoor paintball course ; and General Business – Special Use District and used as an ornamental iron works shop and an automotive repair shop and towing service The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton noted the traffic count information listed in the fact sheet is incorrect The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Conditions 1 Proposed uses Outdoor storage for boats , RV’s , travel trailers , and trailers Proposed by applicant 2 Standard regulations that fall under General Business zoning like setbacks , buffers , landscaping and other site development standards Proposed by applicant 3 Outdoor storage shall be contained within a sufficiently screened fence and landscape buffer Proposed by applicant 4 24 hour accessibility Hours will be 7am - 9 - pm seven days a week Proposed by applicant 5 Lighting will be engineered to not cause any adverse effects to adjacent properties Proposed by applicant 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff PagePage pageNumber7645 March 7 , 2022 – 6 00 pm Continued 8 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 9 All signage shall comply with the Johnston County sign code 10 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 11 If one acre or more is planned to be disturbed , an erosion control permit will be required 12 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 13 Fire hydrant needed at entrance on the same side of the road 14 An 8 foot opaque fence will be installed around storage area 15 NCDOT will determine if a turn lane is needed if approved 16 NCDOT driveway permit required 17 Gate shall be at least 100 ’ from right of way if trailer storage is proposed At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Newton stated the site is immediately adjacent to a Voluntary Agricultural District Keith Roberts , 202 Bonica Creek Drive , Garner , stated his client , Jarod Shay , is getting more rooted in the community and Johnston County Mr Roberts stated this property is not suited for residential development and they feel the requested rezoning would not have a negative impact on the surrounding properties Chairman Lawter asked about the type of lighting that would be utilized Mr Roberts stated Duke Energy handles all their lighting plans and it would be designed and installed in accordance with the County’s ordinance At the inquiry of Commissioner Ted G Godwin , Mr Roberts confirmed that there will be no structures on the site , only gravel for this type of outdoor storage Jarod Shay , 3229 Summer Oaks Drive , Apex , Owner , stated this property is well suited for outdoor storage and there are some developments in the area that could utilize this service Upon questions by Commissioner Tony Braswell , Mr Shay stated there will be a keypad that customers must utilize to access the site and it would only allow entrance during the allowed hours of operation Mr Shay confirmed that he agrees to the conditions as proposed with the revision from the Planning Board for the hours of operation Chairman Lawter asked if staff was acceptable to the condition regarding lighting Mr Newton confirmed that the ordinance would dictate the type of lighting allowed 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 The Chairman asked if there were any questions or concerns from Commissioners on the conditions as proposed There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 03 Decision on Rezoning Case 22 - 03 Case 22 - 03 Petition to rezone 1369 acres located at 2752 Plain View Church Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13B03009I Owner JMS Investment Group , LLC Applicant JMS Investment Group , LLC Conditional Zoning Request Outdoor Storage for Boats , RV’s , travel trailers , and trailers PagePage pageNumber8646 March 7 , 2022 – 6 00 pm Continued Commissioner Ted G Godwin moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 22 - 03 Commissioner Richard D Braswell seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 03 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 13B03009I located at 2752 Plain View 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 1B Allow for higher densities and a greater mixture of land uses in urban areas ” 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 conditional zoning will allow for greater mix of land uses in the local community b The site is located within the Secondary Growth Area in an area that has experienced moderate to high residential growth in recent years The request is reasonable and in the public interest in that the proposed land use with adequate conditions can provide a needed to service to the local community 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning th Adopted this the 7 day of March , 2022 Conditions 1 Proposed uses Outdoor storage for boats , RV’s , travel trailers , and trailers 2 Standard regulations that fall under General Business zoning like setbacks , buffers , landscaping and other site development standards 3 Outdoor storage shall be contained within a sufficiently screened fence and landscape buffer 4 Hours will be 7 00 am – 9 00 pm seven days a week 5 Lighting will be engineered to not cause any adverse effects to adjacent properties 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 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 9 All signage shall comply with the Johnston County sign code 10 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 11 If one acre or more is planned to be disturbed , an erosion control permit will be required 12 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 13 Fire hydrant needed at entrance on the same side of the road 14 An 8 foot opaque fence will be installed around storage area 15 NCDOT will determine if a turn lane is needed if approved 16 NCDOT driveway permit required PagePage pageNumber9647 March 7 , 2022 – 6 00 pm Continued 17 Gate shall be at least 100 ’ from right of way if trailer storage is proposed The Chairman reopened the Rezoning Hearing for Case 22 - 04 Case 22 - 04 Petition to rezone 6818 acres located at 9180 Cleveland Rd in Cleveland Township from Agricultural Residential AR and General Business - Special Use District GB - SUD to General Business - Conditional Zoning GB - CZ Tax ID 06F04022V & 06F04016 Owner Double DJ Properties Denton F Lee & Jane A Lee Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Assorted Businesses listed in GB District Planning Director Braston Newton stated the petition is to rezone 6818 acres located at 9180 Cleveland Road in Cleveland Township from Agricultural Residential and General Business - Special Use District to General Business - Conditional Zoning Mr Newton stated the site is currently used for agricultural and residential purposes and zoned General Business – Special Use District for a church and Pelican’s Ice Shop He stated the conditional zoning request is to allow for assorted businesses listed in the General Business District The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business and used as a bar bottle shop , daycare , dentist office , and gym ; and General Business – Special Use District and used as a Pharmacy and Food Lion Grocery store The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan and is also a Neighborhood Center Commercial Activity Node in the plan Mr Newton stated the traffic count for this portion of Cleveland Road is 17,000 vehicles per day as of 2016 and appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Conditions 1 Proposed uses Automotive part sales , Bakery - Retail , Bank , Bar Club , Barber Beauty shop to include nail salon , Business - Convenience Store , Business , Office , retail , and or wholesale , Civic fraternal social clubs and organizations , Dance Studio gymnastics , Dry cleaning , Government use facility , Hospital , kennel , libraries museums art galleries , Medical clinic , Parcel Post Shipping Receiving , Pharmacies , Physical fitness center , Printing Reproduction Publishing , Recreation - Indoor , Restaurant , Retail center , Spa - day , Spa - medical , Sporting Goods , Tanning salon , Thrift store - Apparel Household , Veterinary clinic Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Landscape buffer shall be installed along all rezoning lines 5 NCDOT driveway permit required 6 Right - in Right - out island should be larger and include stem , similar to the one across Cleveland Rd SR1010 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 At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Newton confirmed that the uses listed in the proposed conditions came from the applicant Donnie Adams , Adams & Hodge Engineering , representing the applicant , stated he is the engineer on the project Mr Adams submitted the following renderings for the proposed project Page0648 March 7 , 2022 – 6 00 pm Continued Mr Adams stated the proposed development would promote the public health , safety and general welfare by creating a walkable development , repurposing existing structures on site , and providing the site with public water and sewer He stated the proposed uses for the development are appropriate for the area and the development will maintain or enhance the character of the neighborhood He further stated the proposed use is consistent with the Land Use Plan Mr Adams stated they agree with the conditions as proposed Denton Lee , 2 Annandale Drive , Clayton , Owner , addressed the Board and stated because of the limited property that remains in the area , they must be very conscious and deliberate about zoning He spoke on the existing businesses in the area and stated they believe now is the time to provide options for Class A lease space and are hoping to attract professional services to include some type of health care or urgent care business Mr Lee noted that Pelican’s Snowballs is still in operation ; however , they have moved it to another location Mr Lee stated with the site plan as currently designed , the intent is to get traffic off of Cleveland Road rather than add to it He stated there are plans to remodel the current building on site for a full service restaurant and they are talking to banks and health care groups about options Mr Lee stated they intend to be very selective on how the property will be developed At the inquiry of Commissioner Richard D Braswell , Mr Lee stated the existing building at one time was the main building for the batting cage business and it has also been used as a church over the years Mr Lee stated because the next traffic light at McLemore Road is so close to the subject site , he is doubtful another one will be allowed Page1649 March 7 , 2022 – 6 00 pm Continued In response to Chairman Lawter , Mr Adams stated the language in condition # 6 was provided as a comment by the North Carolina Department of Transportation He stated any traffic improvements would be discussed once they officially apply for a driveway permit if the request is approved 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 The Chairman asked if there were any questions or concerns from Commissioners on the conditions as proposed There being no further comments , the Chairman closed the Rezoning Hearing for Case 22 - 04 Decision on Rezoning Case 22 - 04 Case 22 - 04 Petition to rezone 6818 acres located at 9180 Cleveland Rd in Cleveland Township from Agricultural Residential AR and General Business - Special Use District GB - SUD to General Business - Conditional Zoning GB - CZ Tax ID 06F04022V & 06F04016 Owner Double DJ Properties Denton F Lee & Jane A Lee Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Assorted Businesses listed in GB District Commissioner Tony Braswell moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 22 - 04 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 04 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 parcels identified as tax Tag ID 06F04022V and 06F04016 located at 9180 Cleveland Road in Cleveland Township , from Agricultural Residential and General Business - Special Use District 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 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 located in a Neighborhood Center Commercial Activity Node 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 Page2650 March 7 , 2022 – 6 00 pm Continued 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning th Adopted this the 7 day of March , 2022 Conditions 1 Proposed uses Automotive part sales , Bakery - Retail , Bank , Bar Club , Barber Beauty shop to include nail salon , Business - Convenience Store , Business , Office , retail , and or wholesale , Civic fraternal social clubs and organizations , Dance Studio gymnastics , Dry cleaning , Government use facility , Hospital , kennel , libraries museums art galleries , Medical clinic , Parcel Post Shipping Receiving , Pharmacies , Physical fitness center , Printing Reproduction Publishing , Recreation - Indoor , Restaurant , Retail center , Spa - day , Spa - medical , Sporting Goods , Tanning salon , Thrift store - Apparel Household , Veterinary clinic 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Landscape buffer shall be installed along all rezoning lines 5 NCDOT driveway permit required 6 Right - in Right - out island should be larger and include stem , similar to the one across Cleveland Rd SR1010 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 4 Planning Activity Report and Comprehensive Land Use Plan Update Planning Director Braston Newton informed the Board that at the recent two public forums for the Comprehensive Land Use Plan Update , approximately 100 people attended and participated He stated a tremendous amount of feedback was received which is being compiled for presentation to the Board at a later meeting Mr Newton stated staff may propose a joint meeting of the Planning Board and the Board of Commissioners to review the data He commented that once a new plan is drafted and hopefully adopted , there will be many changes to come and staff looks forward to the next steps Mr Newton also informed the Board that things are still very busy at the Land Use Center and staff has seen no decline in activity Commissioner Fred J Smith , Jr stated it was his understanding that the Board would discuss the Land Use Plan at the upcoming strategic planning session and he asked if Mr Newton would be in attendance Chairman RS “ Butch ” Lawter , Jr stated his intent of the upcoming strategic planning session is more about prioritization instead of specific lengthy discussions Chairman Lawter stated this upcoming session will not be typical of the Board’s past annual work sessions and specific items could be discussed later in other meetings The Board discussed the new conditional use zoning and the flexibility it can offer as it relates to the Comprehensive Land Use Plan Commissioner Richard D Braswell spoke on the cases the Board just approved and asked if there is a policy in place to make sure the applicants are adhering to the conditions that are placed on the use as part of the approval process Mr Newton responded that currently , there is no policy in place as relates to inspecting businesses to make sure they are following all the required conditions , and the County is complaint driven 5 Manager Reports and Comments None 6 Board Reports and Comments A County Commissioner District 4 Vacancy Chairman RS “ Butch ” Lawter , Jr stated the deadline to receive applications for those persons interested in being appointed by the Board of Commissioners for the County Commissioner District 4 vacancy is this th Friday , March 11 at 5 00 pm He stated once all applications are received , he anticipates a working group of three commissioners will interview the candidates , consult with the Republican Party as is required by statute , and hopefully the Board can appoint someone prior to April meetings Page3651 March 7 , 2022 – 6 00 pm Continued Upon questions by the Commissioners , County Attorney Jennifer Slusser confirmed that whoever is appointed would serve until the first Monday in December of this year , the position will be added to the November 2022 general election ballot to elect an individual to serve the remainder of the term , and that due to the timing of the filing period there will be no primary Ms Slusser further confirmed that the Executive Committees of each political party will choose one nominee to be placed on the ballot in November Ms Slusser stated the Board of Elections has requested the Democrat and Republican Party Executive Committees certify the nominees for their respective parties by August 1 , 2022 to allow time to prepare ballots B Upcoming Strategic Planning Session Chairman RS “ Butch ” Lawter , Jr reminded everyone of the Board’s upcoming Strategic Planning Session scheduled for March 17 and 18 , 2022 at Campbell University in the Marshbanks Alumni Hall He noted the two - day session will be livestreamed from the County’s YouTube channel at https wwwyoutubecom jocogovnc 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 7 15 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage