May 2, 2022 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 767 Meeting of the Johnston County Board of Commissioners May 2 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 2 , 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 , Fred J Smith , Jr , Richard D Braswell , and April Stephens Absent None 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 Richard D Braswell , and carried by unanimous vote , the Board approved the agenda as presented 2 Visit from 2022 Miss Johnston County and Miss Johnston County Outstanding Teen 2022 Miss Johnston County Emilyann Marsh and Miss Johnston County Outstanding Teen Hayden Pearson addressed the Board Miss Marsh stated she has lived in Johnston County since she was two years old and she has just graduated from the UNC School of the Arts with a degree in filmmaking She stated her platform is supportive of the Blue Hearts Club to raise awareness about human trafficking and she invited the Board to contact her to receive more information Miss Pearson stated she is a sophomore at South Johnston High School and a resident of Johnston County Miss Pearson noted she will be competing for the title of Miss North Carolina Outstanding Teen in June and her platform is # lifeunfiltered , which brings awareness to the negative effects of social media on mental health The Board thanked Miss Marsh and Miss Pearson for the visit and wished them well on their upcoming Miss North Carolina Pageants 3 Public Comment A New Johnston Community College Interim President Chairman RS “ Butch ” Lawter , Jr introduced new Johnston Community College Interim President Dr Kenneth Boham Dr Boham spoke on his excitement to be Interim President for Johnston Community College , stating he decided to come out of retirement for this opportunity Dr Boham provided the Board with a background on his family and stated for 21 years he served as President of the Caldwell Community College He noted since that time he has served as an interim president with a few community colleges and he now looks forward to working with the people of Johnston County The Board welcomed Dr Boham to Johnston County 4 Public Hearing Rezoning Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – April 20 and 27 , 2022 Certified letters were mailed to adjoining property owners on April 18 , 2022 Notices were posted at the locations on February 2 , 2022 for Case 22 - 06 and February 25 , 2022 for Case 22 - 10 It was determined that the applicant was not present for Case 22 - 06 Page768 May 2 , 2022 – 6 00 pm Continued CASE 22 - 06 Petition to rezone 130 acres located at 14900 block of NC Hwy 210 in the Pleasant Grove Township from Agricultural Residential AR to Community Business CB Tax ID 13D04005F Owner Adolpho Lemus Aguilera Applicant Adolpho Aguilera Commissioner Tony Braswell moved the Board table Case 22 - 06 until the June 6 , 2022 6 00 pm meeting Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote The Chairman opened the Rezoning Hearing for Case 22 - 10 Case 22 - 10 Petition to rezone 25 acres of a 1332 acre tract located at 2006 County Line Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13C05004A correction 13C05004M Owner Steve & Kerry Finch Applicant Steve & Kerry Finch Conditional Zoning Request Parking & Maintenance of Business Vehicles Planning Director Braston Newton stated the petition is to rezone 25 acres of a 1332 acre tract located at 2006 County Line Road in Pleasant Grove Township from Agricultural Residential to General Business - Conditional Zoning Mr Newton stated the request came in as a nonconforming use and the conditional zoning request is to allow for parking and maintenance of business vehicles The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and General Business – Special Use District and used as a plant nursery 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 County Line Road is 900 vehicles per day as of 2020 and does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton stated staff recommended denial due to inconsistency with the Land Use Plan The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Conditions 1 Permitted Uses Parking and maintenance of business vehicles Proposed by Applicant 2 No changes to outdoor lighting without approval Proposed by Applicant 3 24 ” x 36 ” business signage at entrance only Proposed by Applicant 4 Business hours 7am - 7pm 6 am - Midnight Monday through Saturday Sunday Proposed by Applicant 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences Existing vegetation may be used 7 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 8 No more than 8 15 commercial vehicles , to include trailers parked on site 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 All outdoor storage shall be enclosed in an 8 ’ opaque fence or sufficient vegetative screening 11 NCDOT driveway permit required as well as the paving of the driveway apron through the ROW , at minimum 12 200 ’ of spacing required on all driveways from inside edge to inside edge 13 Any new structures will require a fire hydrant to be installed 14 Knox box must be on gates for Fire Department access 15 If 17,000 SF of impervious area is proposed to be added , a stormwater permit will be required 16 If an acre or more of disturbance is proposed , an erosion control permit will be required 17 Wetlands should be delineated and shown on plan if any are present as well as all jurisdictional features and buffers 18 Landscape Buffer on eastern property line may be placed on interior of existing fence Applicants Steve and Kerry Finch addressed the Board Mr Finch stated he has been parking his trucks and trailers on the site since 2015 and has lived at the location since 2014 Mr Finch continued that they are aware a complaint was submitted so they are trying to come into compliance so he can continue parking his trucks and trailers at this location Page769 May 2 , 2022 – 6 00 pm Continued At the inquiry of Commissioner Ted G Godwin , Mr Finch stated they would not construct any buildings , but would like to continue parking on the site Mr Finch stated they are fine with all the conditions as proposed by the Planning Board Mr Finch noted that the property to be rezoned is located next to where he resides Mr Finch spoke on additional plantings that he is proposing to make in addition to what is required by the ordinance Upon a question by Commissioner April Stephens , Mr Finch stated there is an existing nursery on the property to the right of the subject site At the inquiry of Vice Chairman Patrick E Harris , Mr Finch clarified that he lives beside the parcel where he parks his trucks and has done that since 2015 Upon a question by Commissioner Tony Braswell , Mr Finch stated the parking would be for his business only Mr Finch stated usually his equipment is parked further down the property or on the jobsite Commissioner Fred J Smith , Jr asked about the Planning Board’s recommendation to increase the number of allowed trucks from 8 to 15 Ms Finch stated the recommendation to expand the number of allowed trucks was to ensure that they remain in compliance Mr Finch stated he currently has 6 trailers and 4 trucks Stewart Williams and Daniel Williams addressed the Board and stated they own the nursery beside the Finch property Mr Daniel Williams stated their only concern is that their house is beside the entrance of Mr Finch’s property He stated they have no problems with trucks and trailers parking on the site , but want to make sure the land is zoned properly and that Mr Finch parks his trucks on the portion of the property being rezoned The Board discussed the site plan with Mr Williams noting the specific area to be rezoned Mr Williams stated they want the business portion of the property to be screened from their residence At the inquiry of Commissioner Godwin , Mr Newton clarified that the applicant is requesting to rezone 25 acres of the 1332 acre tract identified as Tax ID # 13C05004M which is adjacent to property identified as Tax ID # 13C05004A and also owned by Mr Finch Upon a question by Chairman RS “ Butch ” Lawter , Jr , Mr Newton stated the rezoning request would not be a split zoning and the property would have to be subdivided Mr Newton discussed possible revisions to the conditions with the Board to address the concerns of the neighboring property owner as well as setback and landscaping requirements of the ordinance 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 There being no further comments , the Chairman closed the Rezoning Hearing for Case 22 - 10 Decision on Rezoning Case 22 - 10 Case 22 - 10 Petition to rezone 25 acres of a 1332 acre tract located at 2006 County Line Road in Pleasant Grove Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13C05004A correction 13C05004M Owner Steve & Kerry Finch Applicant Steve & Kerry Finch Conditional Zoning Request Parking & Maintenance of Business Vehicles Commissioner Fred J Smith , Jr moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 22 - 10 , changing condition # 5 to state the applicant shall submit a detailed site plan for review and approval by the Planning & Zoning Department staff that ensures the parking setbacks align with adjoining commercial property Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Page770 May 2 , 2022 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 22 - 10 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 13C05004M located at 2006 County Line 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 ” 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 land use s needed 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 nd Adopted this the 2 day of May , 2022 Conditions 1 Permitted Uses Parking and maintenance of business vehicles 2 No changes to outdoor lighting without approval 3 24 ” x 36 ” business signage at entrance only 4 Business hours 6 am - Midnight Monday through Sunday 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff that ensures the parking setbacks align with adjoining commercial property 6 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences Existing vegetation may be used 7 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 8 No more than 15 commercial vehicles , to include trailers parked on site 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 All outdoor storage shall be enclosed in an 8 ’ opaque fence or sufficient vegetative screening 11 NCDOT driveway permit required as well as the paving of the driveway apron through the ROW , at minimum 12 200 ’ of spacing required on all driveways from inside edge to inside edge 13 Any new structures will require a fire hydrant to be installed 14 Knox box must be on gates for Fire Department access 15 If 17,000 SF of impervious area is proposed to be added , a stormwater permit will be required 16 If an acre or more of disturbance is proposed , an erosion control permit will be required 17 Wetlands should be delineated and shown on plan if any are present as well as all jurisdictional features and buffers 18 Landscape Buffer on eastern property line may be placed on interior of existing fence PagePage pageNumber5771 May 2 , 2022 – 6 00 pm Continued 5 AT & T Request for Partnership – NC GREAT Grant Broadband Application AT & T Regional Director Robert Doreauk addressed the Board and requested the Commissioners to include AT & T in their support for the NC GREAT Grant Broadband applications Mr Doreauk stated they are requesting 200,000 from Johnston County and plan to contribute 1 million from their own funds Mr Doreauk presented the following information to the Board PagePage pageNumber6772 May 2 , 2022 – 6 00 pm Continued Chairman RS “ Butch ” Lawter , Jr , thanked Mr Doreauk for the information and stated the Board would hear the request from CloudWyze before considering any action 6 CloudWyze Request for Partnership – NC GREAT Grant Broadband Application CloudWyze Business Development Manager Chris Utesch requested the Board to also include CloudWyze in their support for the NC Great Grant Broadband Applications Mr Utesch presented the following information to the Board PagePage pageNumber7773 May 2 , 2022 – 6 00 pm ContinuedPagePage pageNumber8774 May 2 , 2022 – 6 00 pm Continued Chairman RS “ Butch ” Lawter , Jr thanked Mr Utesch for the information Action by the Board Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board voted to include AT & T and CloudWyze as part of the Board’s action from March 21 , 2022 to approve providing the NC GREAT Grant matching funds in an amount not to exceed 1 million from the County’s American Rescue Plan Act ARPA funds , for the provider that is selected by the State of North Carolina for the grant award 7 Planning Activity Report and Comprehensive Land Use Plan Update Planning Director Braston Newton thanked the Commissioners for meeting one on one with the consultant to give their feedback on the Land Use Plan draft at this point Mr Newton stated the Steering Committee will be meeting on May 11 , 2022 and that will be their last meeting He continued that the focus will then be on finalizing proposed recommendations before bringing a draft to the Board of Commissioners Mr Newton also submitted to the Board various requested maps of residential developments in Johnston County and offered to answer any questions 8 Manager Reports and Comments None 9 Board Reports and Comments None There being no further business , Vice Chairman Patrick E Harris moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 6 55 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage