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

10 824 Meeting of the Johnston County Board of Commissioners June 6 , 2022 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 6 , 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 Appointments Announcement Chairman RS “ Butch ” Lawter , Jr stated the Board utilized written ballots at the 10 00 am meeting for appointments to the Economic Development Advisory Board and the Voluntary Agricultural District Advisory Board Chairman Lawter stated the votes have been tallied and he announced the following appointments were made Economic Development Advisory Board at - large – Adam Caldwell was appointed for a two year term to expire on April 30 , 2024 Voluntary Agricultural District Board – J Shepard Barbour and Betty O Woodall were reappointed ; and Jonathan Hardee was appointed for three year terms to expire on June 30 , 2025 Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner Tony Braswell , and carried unanimously , Ms Woodall was granted a waiver in the length of service policy 2 Approval Discussion of Agenda Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda as presented 3 Visit from 2022 Miss Cleveland 2022 Miss Cleveland Faith May addressed the Board Miss May stated she is currently a sophomore at East Carolina University and she will be competing at the Miss North Carolina Pageant in a few weeks She stated her platform is called Literacy and Legacy which provides books to local organizations in need Miss May spoke on how reading has benefitted her and stated since 2015 she has donated 18,000 books throughout North Carolina Miss May stated if crowned Miss North Carolina she hopes to expand the Literacy and Legacy initiative and change the way people view reading Page825 June 6 , 2022 – 6 00 pm Continued Commissioner April Stephens spoke on how much work is involved with competing in the Miss North Carolina Pageant and she commended Miss May for her efforts The Board thanked Miss May for the visit and wished her well on the upcoming Miss North Carolina Pageant 4 Public Comment A Citizen Comments – Jan Whitley Ms Jan Whitley , of the Brogden Community , submitted information to the Board as it relates to a proposed Grabtown Road Subdivision that was recently heard by the Johnston County Planning Board At the inquiry of Chairman RS “ Butch ” Lawter , Jr , County Attorney Jennifer Slusser advised that this proposed development was reviewed and denied by the Planning Board and although subdivisions do not come before the Board of County Commissioners it is within the Board’s discretion to hear the concerns of Ms Whitley Ms Whitley noted the location of her property in relation to the site where the subdivision would have been located if approved She expressed her concerns that the proposed development was a complete surprise to her and her neighbors and stated they live in a very rural area of the County Ms Whitley shared her thoughts with the Board regarding the need to preserve the rural character of the area and how a subdivision would be incompatible with the surrounding properties Ms Whitley also expressed concerns that such developments are not consistent with the Johnston County Land Use Plan and she would like to see an ordinance adopted that would ensure future developments would follow the intent of the Land Use Plan Ms Whitley asked the Board to consider her concerns and stated her community needs protection and they are trying to preserve their rural character Chairman Lawter noted the Board of Commissioners is currently in the process of updating the Land Use Plan and he thanked Ms Whitley for taking the time to put all her information together and share her concerns with the Board 5 Clayton High School – Request for Funding Clayton High School Principal Dr Bennett Jones presented a request for funding to the Board of Commissioners Dr Jones explained that in May of 2021 Clayton High School , in conjunction with Johnston County Schools and the Town of Clayton , entered into a joint - use agreement to expand parks and recreation programming to the high school He stated that included in the agreement was a proposal to overhaul two of the school athletic fields to synthetic turf as well as make other capital improvements to the existing stadium Dr Jones stated the original intent was to seek 500,000 from Johnston County Schools , the Town of Clayton , and Johnston County ; however , the NFL Grassroots Foundation granted 250,000 towards the project Dr Jones continued that as construction costs have increased , they have enough funds to cover the cost of one field , but they need an additional 150,000 to complete the second field Dr Jones stated if the County were to allocate 500,000 the additional funds would not only cover the cost of the second field , but also allow for improvements to their field house , press box and expansion of the bleachers to accommodate larger events Dr Jones stated he feels this opportunity could be a template to be used across all Johnston County Schools so they can partner with other community programs He concluded his remarks by stating they are proud to partner with the Town and the County and allow their facilities to be used by all Johnston County residents At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Dr Jones stated the high school provides all the dates that they are utilizing the facilities for school events to the Town who in turn manages the scheduling for outside groups He stated they have a shared calendar that allows the school and the Town to be aware of when events are scheduled In response to Chairman Lawter , Clayton Parks and Recreation Director Scott Barnard stated they have in - town rates and out - of - town rates for the use of the facilities and the difference is roughly 20 Commissioner Tony Braswell and Vice Chairman Patrick E Harris questioned asking for County taxpayer funds to be used for the project and then charging higher out - of - town rates to citizens in the County that live outside of Clayton Page826 June 6 , 2022 – 6 00 pm Continued Commissioner Fred J Smith , Jr asked for clarification on the amount of the request , stating he has heard two different numbers Dr Jones stated his original request was for 500,000 each from Johnston County Schools , the Town of Clayton , and Johnston County and the hope was that the two fields would cost 14 million and they could use the extra funds to complete other projects Dr Jones clarified that 150,000 would cover the cost to finish the fields Commissioner Smith spoke in favor of the partnership between Clayton High School and the Town of Clayton and allowing the facilities to be used by groups outside of school teams , stating it is a good model ; however , the Commissioners have a greater duty to all of Johnston County and he cannot support the request for 500,000 Commissioner Smith spoke on the need for fairness to all the other schools in the County Dr Jones reiterated that 150,000 would finish the fields and stated that is the request He noted that he has spoken with his colleagues at other schools and encouraged them to consider similar partnerships in their communities Motion Commissioner Fred J Smith , Jr moved the Board approve a funding request in the amount of 150,000 conditioned upon the Town of Clayton revising their policy so that all County residents are charged the same rate to use the facilities Second and Amendment Commissioner Tony Braswell seconded the motion and asked to add that an out - of - county rate can be established Commissioner Smith agreed to the amendment for an out - of - county rate Vote The Board voted unanimously to approve a funding request in the amount of 150,000 conditioned upon the Town of Clayton revising their policy so that all County residents are charged the same rate to use the facilities ; and further that an out - of - county rate can be established 6 Public Hearing Rezoning Requests Advertised – The News & Observer , The Johnstonian News and The News in Review – May 25 and June 1 , 2022 Certified letters were mailed to adjoining property owners on May 23 , 2022 Notices were posted at the locations on February 2 , 2022 for Case 22 - 06 and April 11 , 2022 for Cases 22 - 12 ; 22 - 13 ; and 22 - 14 The Chairman opened the Rezoning Hearing for Case 22 - 06 Case 22 - 06 Petition to rezone 130 acres located in the 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 Planning Director Braston Newton stated the petition is to rezone 130 acres located in the 14900 block of NC Hwy 210 in the Pleasant Grove Township from Agricultural Residential to Community Business Mr Newton stated the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Community Business for a gas station convenience store and various small businesses 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 210 is 2,300 vehicles per day as of 2020 and it appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement Applicant Adolpho Aguilera stated he would like to put a small business on the site There being no further public comments , the Chairman closed the public comment portion of the hearing Page827 June 6 , 2022 – 6 00 pm Continued 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 22 - 06 Decision on Rezoning Case 22 - 06 Case 22 - 06 Petition to rezone 130 acres located in the 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 Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 22 - 06 Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 06 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 13D04005F located at 14000 Block of NC 210 Hwy in Pleasant Grove Township , from Agricultural Residential to Community 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 Community Business provides expanded opportunity for job creation and economic stability and the property is located along an arterial corridor ; and b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that General Business is compatible with surrounding land uses and zoning , which include other Community Business zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to Community Business th Adopted this the 6 day of June , 2022 The Chairman reopened the Rezoning Hearing for Case 22 - 12 Case 22 - 12 Petition to rezone 3522 acres located at the southeast corner of the intersection of NC Hwy 50 and NC Hwy 42 in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D01026R , 06D01023E , & 06D01021C Owner Bobby Joe Smith , Barbara S Smith , Megan Elizabeth Sherrill , M Glenn McElveen , & Jean J McElveen Applicant White Development CompanyPagePage pageNumber5828 June 6 , 2022 – 6 00 pm Continued Planning Director Braston Newton stated the petition is to rezone 3522 acres located at the southeast corner of the intersection of NC Hwy 50 and NC Hwy 42 in the Cleveland Township from Agricultural Residential to General Business Mr Newton stated the site currently consists of multiple vacant lots The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business – Special Use District and used as a Lowes Foods and assorted businesses ; General Business and used as a Sheetz and a Food Lion ; and Mobile Home Park District for a mobile home park The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan and it is also inside of a Community Center Commercial Activity Node Mr Newton stated the traffic count for this portion of NC Hwy 50 is 10,500 vehicles per day as of 2020 and for NC Hwy 42 W is 12,500 vehicles per day as of 2020 These portions of both highways appear on the Comprehensive Transportation Plan as existing boulevards needing improvement Attorney Chip Hewett , representing the applicant , stated there was a lot of thought and consideration by the applicant and the owners on how to proceed with the subject site and ultimately it was decided to submit a request to rezone to General Business Mr Hewett stated the Planning Board was receptive to General Business and there was no opposition Mr Hewett introduced Engineer Brian Leonard for any technical questions At the inquiry of Commissioner Ted G Godwin , Engineer Brian Leonard stated they have not quantified the wetlands on the site , but they seem to be confined to the buffered zones 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 22 - 12 Decision on Rezoning Case 22 - 12 Case 22 - 12 Petition to rezone 3522 acres located at the southeast corner of the intersection of NC Hwy 50 and NC Hwy 42 in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06D01026R , 06D01023E , & 06D01021C Owner Bobby Joe Smith , Barbara S Smith , Megan Elizabeth Sherrill , M Glenn McElveen , & Jean J McElveen Applicant White Development Company Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 22 - 12 Commissioner April Stephens seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 12 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 06D01026R , 06D01023E , and 06D01021C located at southeast corner of NC Hwy 42 and NC Hwy 50 in Cleveland 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 PagePage pageNumber6829 June 6 , 2022 – 6 00 pm Continued 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 the property is located at the intersection of two arterial corridors that has an established commercial - retail presence ; and b The site is located within the Primary Growth Area 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 th Adopted this the 6 day of June , 2022 The Chairman reopened the Rezoning Hearing for Case 22 - 13 Case 22 - 13 Petition to rezone 304 acres located at 5350 NC Hwy 42 in the O’Neals Township from Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ Tax ID 11N04019Y Owner Sheets 1 LLC Applicant Amin Saleh Conditional Zoning Request Convenience Store Planning Director Braston Newton stated the petition is to rezone 304 acres located at 5350 NC Hwy 42 in the O’Neals Township from Agricultural Residential to Community Business - Conditional Zoning Mr Newton stated the site is currently vacant He stated the conditional zoning request is to allow for a convenience store The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Industrial 2 for a milling company The area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of NC Hwy 42 E is 5,000 vehicles per day as of 2020 and for NC Hwy 39 is 3,500 vehicles per day as of 2019 and both highways appear on the Comprehensive Transportation Plan as existing major thoroughfares with adequate design capacity The Chairman called for the applicant to come forward Staff displayed the proposed conditions on the screen , as follows Conditions 1 Permitted Uses Convenience Store 2 Hours of Operation will be restricted to Monday - Sunday 6 00 AM to 11 00 10 00 PM Proposed by applicant 3 No automobile repairs will be performed Proposed by applicant 4 No overnight parking will be allowed Proposed by applicant 5 Landscaping will be installed to meet county requirements Proposed by applicant 6 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 7 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 8 All signage shall comply with the sign code 9 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 10 Lighting shall be engineered so as not to shine onto adjacent properties 11 TIA Recommendations NC 42 and Site Drive 1 o Construct northbound approach with one 1 ingress lane and one 1 egress lane o Provide an exclusive westbound left - turn lane with a minimum of 100 feet of storage and appropriate taper and deceleration length o Provide an exclusive eastbound right - turn lane with a minimum of 75 feet of storage and appropriate taper and deceleration length o Provide stop - control for northbound approach NC 39 and Site Drive 2 o Construct eastbound approach with one 1 ingress lane and one 1 egress lane PagePage pageNumber7830 June 6 , 2022 – 6 00 pm Continued o Provide an exclusive northbound left - turn lane with a minimum of 100 feet of storage and appropriate taper and deceleration length o Provide an exclusive southbound right - turn lane with a minimum of 100 feet of storage and appropriate taper and deceleration length o Provide stop - control for eastbound approach Additional Requirements from NCDOT o Any additional improvements that are constructed by others and not shown on this TIA or review must be maintained while constructing the improvements required by this letter o All left and right turns installed on NCDOT ROW at will required a minimum of 100 ’ of storage if located at a site driveway If any left turn lane taper overlaps with any existing or proposed middle turn lane or taper , the entire section will need to be widened to three 3 lanes Items in bold were changed by the Planning Board during the meeting Attorney Chip Hewett , representing the applicant , stated they understand that this is a rural area ; however , good or bad , growth is coming and this is a good location for a gas station Mr Hewett acknowledged that there was opposition to the request at the Planning Board meeting ; however , the proposed use makes sense for the subject site He noted the conditions will restrict the use and the applicant is prepared to follow the recommendations from the Department of Transportation that are included with the conditions as it relates to traffic improvements At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Hewett confirmed that the applicant agrees to the conditions as proposed Tim Narron , 9160 NC Hwy 42 East , stated he lives just below the subject property and he feels the proposed use is needed Mr Narron stated there used to be three stores in the area a long time ago ; however , they are now gone Mr Narron spoke in support of the rezoning stating he has lived in the area all his life and he believes it will benefit the community Brenda Creech , 7118 NC Hwy 39 , spoke in opposition to the request and submitted a petition of opposition signed by 46 people for the record Ms Creech stated she lives across the road from the subject site and she voiced her concerns with the proposed use as it relates to crime and increased traffic that could come with the convenience store She stated there is a store a couple miles down the road on NC Hwy 42 and another store a few miles away on NC Hwy 39 At the inquiry of Commissioner Ted G Godwin , Ms Creech confirmed the people who signed the petition are all local At the inquiry of Commissioner Tony Braswell , Ms Creech stated she is concerned that crime will be an issue because there have been a lot of break - ins and other criminal activity at the convenience stores on NC Hwy 42 and NC Hwy 39 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 Commissioner April Stephens commented that it appears consideration was given on the conditions in an effort to help address some of the concerns of the residents Commissioner Ted G Godwin expressed his concerns regarding the traffic circle and cars coming off that circle to get to the proposed use Commissioner Fred J Smith , Jr stated this area is in his district and he understands the concerns about crime ; however , the subject site is as good of a place for the proposed use as one could have Commissioner Smith stated he will support the request because he feels there is a need in the community for a store PagePage pageNumber8831 June 6 , 2022 – 6 00 pm Continued Commissioner Godwin stated he feels that people should be able to do what they want to with their property within reason ; however , when someone buys a piece of property that is already zoned a certain way and then wants to do something else that is not supported by the area residents , then he cannot support it either Commissioner Tony Braswell stated as it relates to the Board’s legal obligations and the facts submitted , he cannot find anything contrary other than the worry about crime which although that can be a hazard at a convenience store , it is more of an exception rather than a rule Commissioner T Braswell stated he cannot find a reason not to support the request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 13 Decision on Rezoning Case 22 - 13 Case 22 - 13 Petition to rezone 304 acres located at 5350 NC Hwy 42 in the O’Neals Township from Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ Tax ID 11N04019Y Owner Sheets 1 LLC Applicant Amin Saleh Conditional Zoning Request Convenience Store Commissioner Fred J Smith , Jr moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions for Case 22 - 13 Commissioner Tony Braswell seconded the motion , which carried by the following vote Ayes Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , and Commissioners Tony Braswell , Fred J Smith , Jr , Richard D Braswell , and April Stephens Nays Commissioner Ted G Godwin RESOLUTION FOR CASE NUMBER 22 - 13 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 11N04019Y located at 5350 NC Hwy 42 in O’Neals Township , from Agricultural Residential to Community Business - Conditional Zoning District 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 Community Business - Conditional Zoning District will provide community convenience store gas station at an intersection of two arterial corridors ; and b The site is located within the Rural Agricultural Conservation Area The request is reasonable and in the public interest in that Community Business - Conditional Zoning District will be permit a land use that might be expected at the intersection for two major thoroughfares PagePage pageNumber9832 June 6 , 2022 – 6 00 pm Continued 3 This Board approves the proposed zoning amendment from Agricultural Residential to Community Business - Conditional Zoning District th Adopted this the 6 day of June , 2022 Conditions 1 Permitted Uses Convenience Store 2 Hours of Operation will be restricted to Monday - Sunday 6 00 AM to 10 00 PM 3 No automobile repairs will be performed 4 No overnight parking will be allowed 5 Landscaping will be installed to meet county requirements 6 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 7 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 8 All signage shall comply with the sign code 9 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 10 Lighting shall be engineered so as not to shine onto adjacent properties 11 TIA Recommendations NC 42 and Site Drive 1 o Construct northbound approach with one 1 ingress lane and one 1 egress lane o Provide an exclusive westbound left - turn lane with a minimum of 100 feet of storage and appropriate taper and deceleration length o Provide an exclusive eastbound right - turn lane with a minimum of 75 feet of storage and appropriate taper and deceleration length o Provide stop - control for northbound approach NC 39 and Site Drive 2 o Construct eastbound approach with one 1 ingress lane and one 1 egress lane o Provide an exclusive northbound left - turn lane with a minimum of 100 feet of storage and appropriate taper and deceleration length o Provide an exclusive southbound right - turn lane with a minimum of 100 feet of storage and appropriate taper and deceleration length o Provide stop - control for eastbound approach Additional Requirements from NCDOT o Any additional improvements that are constructed by others and not shown on this TIA or review must be maintained while constructing the improvements required by this letter o All left and right turns installed on NCDOT ROW at will required a minimum of 100 ’ of storage if located at a site driveway If any left turn lane taper overlaps with any existing or proposed middle turn lane or taper , the entire section will need to be widened to three 3 lanes The Chairman reopened the Rezoning Hearing for Case 22 - 14 Case 22 - 14 Petition to rezone a 1 acre tract located at 628 Smith Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06G06031U Owner William Otis & Teresa Byrd Applicant USCOC of NC , LLC Planning Director Braston Newton stated the petition is to rezone a 1 acre tract located at 628 Smith Road in the Cleveland Township from Agricultural Residential to Agricultural Residential - Special Use District Mr Newton stated the special use request associated with the rezoning is to allow for a cell tower and fenced compound and he noted that this request came in prior to conditional use zoning ; therefore , it is being heard as a special use request Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential 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 Smith Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton reported that staff consulted with CityScape the County’s wireless communications consultant who performed a full review and determined that the proposed tower meets most of the special use requirements Mr Newton called to the Board’s attention the site preference standards as they are outlined in the County’s ordinance , noting they are listed as most preferred to least preferred , as follows Page0833 June 6 , 2022 – 6 00 pm Continued Applicants for all other wireless telecommunications facilities eg distributed antenna systems or buildings shall locate , site and construct said wireless telecommunications facilities in accordance with the following priorities , in order 1 On existing wireless telecommunications facilities on county - owned property without substantial modification of the tower or structure 2 On other existing wireless telecommunications facilities without substantial modification of the tower or structure 3 On existing County or private property with substantial modification s 4 On county - owned properties or facilities 5 On properties in areas zoned for business use 6 On properties in areas zoned for rural use 7 On properties in areas zoned for residential use Mr Newton noted that as is contained within the CityScape report , the applicant has chosen the second to last siting preference , which is “ on properties in areas zoned for rural use ” He stated the applicant did provide a statement that every effort was made to co - locate on other facilities At the inquiry of Commissioner Tony Braswell , Mr Newton confirmed that staff’s recommendation for denial is based on the proposed tower’s location on the subject property and its design not accomplishing Objective 2 in the Comprehensive Land Use Plan to mitigate visual pollution as there is an adjoining established residential development adjacent to the proposed tower siting Mr Newton stated with the amount of acreage staff felt there were opportunities to site the tower on the property to minimize the visual impact to the adjacent development At the request of Chairman RS “ Butch ” Lawter , Jr Mr Newton noted the location of the rezoning site for the Board and stated the other one acre parcel identified on the map is a future home site for the property owner Mr Newton stated early on , staff did have discussions with the applicant about moving the tower away from the nearby subdivision ; however , the applicant decided against that Ms Emilee Lauer , speaking on behalf of the applicant , US Cellular , stated they have worked hard to make the proposed tower presentable and applicable to meet all the standards Ms Lauer stated they will have a 30 ft easement off Smith Road and will make sure all guidelines are met for a fall zone radius She further stated they plan to landscape the site to hide the bottom of the tower Ms Lauer noted they had to move the site out of the wooded area due to wetlands She offered to answer any questions At the inquiry of Commissioner T Braswell , Ms Lauer stated they looked at other towers in the area ; however , they would not work because this tower would be filling a gap in the coverage She stated the subject property allowed them to meet all the required setbacks Chairman Lawter asked if any other sites within the subject parcel had been considered Ms Lauer stated they did look at other sites within the subject parcel ; however , the location on the property was the best fit for the landowner and their future plans Donna Cauley , 259 Lancashire Run , spoke in opposition to the request stating she lives within 165 meters from the proposed tower site Ms Cauley expressed her concerns as it relates to the health impacts of those living in close relation to cell towers and shared her research with the Board Ms Cauley stated she is a cancer survivor and she is very concerned as to possible impacts to her health and the health of her neighbors Ms Cauley stated she supports landowners being able to do what they want to with their property ; however , the rights of the surrounding property owners must also be considered Upon a question by Commissioner Ted G Godwin , Ms Cauley stated she has not had any trouble getting a cell phone signal in the area Tim Matthews , Lancashire Run , spoke in opposition to the request and spoke on the close proximity of the proposed tower site in relation to his residence Mr Matthews stated the proposed use would be detrimental to the surrounding property owners He stated his wife has cancer and he is concerned over possible health impacts from the tower Mr Matthews noted staff’s recommendation was for denial and stated the tower is not necessary because there is good cell phone service in that area Page1834 June 6 , 2022 – 6 00 pm Continued Stephen Sharp , 115 Lancashire Run , spoke in opposition to the request and stated he lives very close to the subject site Mr Sharp expressed his concerns as it relates to surrounding property values and he feels another site could be found that would accommodate the tower or perhaps a better design could be offered Denise Newhart , 44 Lancashire Run , stated she has been a real estate broker and certified residential appraiser for over 25 years and she spoke in opposition to the request Ms Newhart spoke on impacts to the surrounding property values as well as health concerns for those living in close proximity to the site She stated in all her years as a real estate broker she has not found one positive impact on surrounding properties located near a cell tower site Ms Newhart provided the Board with statistics from the National Association of Realtors and the American Cancer Society as it relates to cell towers and the need for more study on their impacts to surrounding properties Gwendolyn Stott , 299 Lancashire Run , spoke in opposition to the request Ms Stott stated there is still quite a bit of land available in the area and she feels an alternate site could be found for the tower that would not affect existing residents Property Owner Teresa Byrd addressed the Board and stated they were contacted by a representative from US Cellular regarding the cell tower placement and because there is a lack of service in the area , they agreed for their property to be considered Ms Byrd spoke on the difficulties she has had with cell service in the area and it was her hope that this tower would address service coverage for her as well as for the people in her community Ms Byrd expressed her concern for those dealing with health issues stating in her research she has found both pros and cons Ms Byrd stated they do not want to be intrusive to their neighbors , but they are unsure of what else to do She asked the Board to support their request Commissioner April Stephens stated she has family that owns adjoining property to the subject site and she requested to be recused from the case Commissioner Tony Braswell moved the Board recuse Commissioner Stephens from Case 22 - 14 , seconded by Commissioner Ted G Godwin , and carried unanimously Cecil Lee , 278 Lancashire Run , stated there are 30 acres within the parcel and there must be another location where the tower could be constructed Mr Lee stated he has been in the area for over 20 years and would like to see the tower in another location Chance Benoy , 369 Lancashire Run , spoke in opposition to the request and stated he has no issues with cell service in the area Mr Benoy stated he uses a Verizon hotspot and is able to stream movies and has not had issues with dropped calls Dan Glover , 446 Lancashire Run , spoke in opposition to the request stating he has good cell service in the area Mr Glover spoke on his concerns as to possible impacts to surrounding property values Jerry Crocker , 100 Lancashire Run , spoke in opposition to the request and stated if the tower is constructed , he would be looking directly at it from his front door Stephen Cauley , 259 Lancashire Run , spoke in opposition to the request and noted that the Planning staff recommended denial At the request of Mr Cauley , approximately 25 people in the audience raised their hands in opposition to the request Julie Woodard , 199 Lancashire Run , spoke in opposition to the request Ms Woodard stated she is a cancer survivor and she is concerned over possible impacts to her health living in close proximity to a cell tower Ms Woodard stated she was married in her home , currently cares for her autistic son in her home , and does not want to have to move Property Owner Otis Byrd stated he purchased the land in 1979 and he plans to build his personal residence on the property Mr Byrd stated he never objected to any of the adjacent houses that were constructed Mr Byrd stated he had hoped to use the income from the cell tower to support his home and he does not know of anywhere else on the property the tower could be located 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 Page2835 June 6 , 2022 – 6 00 pm Continued Chairman RS “ Butch ” Lawter , Jr stated the Board has three things it must consider for the request ; 1 consistency with the Comprehensive Land Use Plan ; 2 if the proposed use is in the public interest ; and 3 reasonableness with the surrounding community There being no further comments , the Chairman closed the Rezoning Hearing for Case 22 - 14 Commissioner Ted G Godwin stated there was a lot of discussion about locating the tower somewhere else , but strategically , as he understands , towers must be put in certain places Commissioner Godwin continued that he could see where there could be a public need for a tower ; however , in this instance , he is not in favor of locating a tower against all of the residential homes on Lancashire Run , but perhaps another location could be found further away from the houses Chairman Lawter noted that staff recommended denial because the location did not accomplish Objective 2 within the Comprehensive Land Use Plan Chairman Lawter stated he has not heard any evidence that would indicate to him the request is in the public interest or is reasonable with the surrounding community Decision on Rezoning Case 22 - 14 Case 22 - 14 Petition to rezone a 1 acre tract located at 628 Smith Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06G06031U Owner William Otis & Teresa Byrd Applicant USCOC of NC , LLC Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and deny the rezoning request for Case 22 - 14 based on the proposed project not being consistent with the Comprehensive Land Use Plan , it is not in the public interest and it is unreasonable based on size , physical conditions and other attributes of the area proposed to be rezoned , the detriments to the neighbors and surrounding community , and the relationship between the current actual and permissible development on the tract and adjoining areas Commissioner Fred J Smith , Jr seconded the motion which carried by unanimous vote with Commissioner April Stephens abstaining RESOLUTION FOR CASE NUMBER 22 - 14 RESOLUTION DENYING 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 06G06031U located at 628 Smith Road in Cleveland Township , from Agricultural Residential to Agricultural Residential - Special Use District 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 deny the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is inconsistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to not be reasonable , nor 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 inconsistent with the Johnston County Land Use Plan because the Land Use Plan , and updates , indicate that a The proposed tower location on the subject property and its design does not accomplish Objective 2 of the Comprehensive Plan , in mitigating visual pollution 2 This Board finds and determines that it is not reasonable , nor in the public interest to approve the proposed amendment because a The impacts of the proposed tower siting will be detrimental to the adjoining residential development 3 This Board denies the proposed zoning amendment from Agricultural Residential to Agricultural Residential - Special Use District Page3836 June 6 , 2022 – 6 00 pm Continued th Adopted this the 6 day of June , 2022 7 Planning Activity Report and Comprehensive Land Use Plan Update Planning Director Braston Newton stated staff and the County’s consultant are close to bringing a full draft of the updated Comprehensive Land Use Plan to the Board of Commissioners He stated another public th forum will be held on June 29 at the Agricultural Center in Smithfield at 6 00 pm and staff will be working with the Public Information Office to get the word out to the citizens Mr Newton stated activity in the Planning Department remains extremely busy and he does not see that slowing down within the next 12 to 18 months Mr Newton thanked the Board for their support to the Planning Department 8 Manager Reports and Comments A Easement for Century Link Per the request of County Attorney Jennifer Slusser , upon a motion by Commissioner Tony Braswell , seconded by Vice Chairman Patrick E Harris , and carried unanimously , the Board approved an easement for CenturyLink on County property located near the Water Treatment Plant and identified as Tax ID # 17K08026P 9 Board Reports and Comments Commissioner Fred J Smith , Jr shared his thoughts with the Board as it relates to the Clayton High School funding request approval , stating it was a difficult vote for him Commissioner Smith indicated that if the request had just benefitted the Clayton High School he would not have supported it ; however , he voted in favor because of the unique partnership between the Town of Clayton and the Clayton High School and the fact that they will be allowing the general public to use the facilities Commissioner Ted G Godwin agreed with Commissioner Smith and stated he hopes the partnership is a model that will spread throughout the County Commissioner Tony Braswell thanked Commissioner Smith for his comments and agreed that it was a tough decision ; however , he can see the benefit to the citizens Commissioner T Braswell also stated that he is hopeful the Board will consider a recreation bond referendum in 2024 because it has been many years since the last one Chairman RS “ Butch ” Lawter , Jr indicated that he feels there are other creative opportunities like the Clayton High School Town of Clayton partnership that can be realized in other areas of the County Chairman Lawter acknowledged that not all of the high schools are located within municipal limits ; however , perhaps there is an opportunity for them to partner with a local group or nearby town to open more of those facilities up to the citizens Vice Chairman Patrick E Harris spoke in support of the model set by the partnership between the Clayton High School and the Town of Clayton and stated he hopes it will incentivize others to consider the idea Vice Chairman Harris noted this is similar to the Town of Smithfield’s partnership with Johnston County Schools some years ago on the Aquatic Center There being no further business , Commissioner Tony Braswell moved the Board adjourn Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote The meeting adjourned at 8 25 pm RS “ Butch ” Lawter , Jr , Chairman Paula G Woodard , Clerk to the BoardPage