January 7, 2019 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 566 Meeting of the Johnston County Board of Commissioners January 7 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 7 , 2019 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Update from Flowers Plantation Reid Stephenson , representing Flowers Plantation , provided the Board with a brief update regarding activities and developments at Flowers Plantation Mr Stephenson provided the Board with information as it relates to the 2018 Year End New Home Sales Totals as well as past years and projected future year home sales Mr Stephenson reported that weather permitting , they hope to open the East Neuse River Parkway within the next two weeks He also updated the Board on the commercial activity in the area B Citizen Comments – Scott Fleming Scott Fleming , 240 New Creech Road , Selma , addressed the Board regarding his concerns for safety associated with high - powered rifles in Johnston County Mr Fleming reported on a situation in his neighborhood stating there are a lot of irresponsible shooters in his area and there have been accidental shootings in Johnston County , which have resulted in incident reports being filed in the Sheriff’s Office Mr Fleming stated he is not trying to infringe on anyone’s right to own firearms ; however , he encouraged the Board to look into rules and regulations , which would provide a safer environment Mr Fleming spoke on the need to hold people accountable for gun safety The Board briefly discussed the situation Mr Fleming described in his neighborhood and asked the County Manager to follow up with Mr Fleming and the Sheriff’s Office 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – December 28 , 2018 and January 4 , 2019 ; The Johnstonian News and The News in Review – December 26 , 2018 and January 2 , 2019 Certified letters were mailed to adjoining property owners on December 19 , 2018 A notice was posted at the location on November 1 , 2018 for Case 18 - 23 The Chairman opened the Rezoning Hearing for Case 18 - 23 Case 18 - 23 Petition to rezone 263 acres located at 10920 Cleveland Rd in the Cleveland Township from General Business - Special Use District GB - SUD to General Business GB Tax ID 06E02018A Owner Crescent Properties & Development , LLC Applicant Gray Wolf Property , LLC Planning Director Braston Newton stated the petition is to rezone 263 acres located at 10920 Cleveland Road in the Cleveland Township from General Business - Special Use District to General Business Mr Newton stated the site is the former Chops Steakhouse The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes as well as religious facilities ; General Business and used for a daycare and storage facility ; and General Business – Special Use District and vacant at this time The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this area is also in a Community Center Commercial Activity Node Page567 January 7 , 2019 – 6 00 pm Continued Wade Corbett , representing Applicant Gray Wolf Property , LLC , requested the Board to approve the rezoning stating they would like to remove the special use designation from the site since it applies for restaurant use only 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 18 - 23 Decision on Rezoning Case 18 - 23 Case 18 - 23 Petition to rezone 263 acres located at 10920 Cleveland Rd in the Cleveland Township from General Business - Special Use District GB - SUD to General Business GB Tax ID 06E02018A Owner Crescent Properties & Development , LLC Applicant Gray Wolf Property , LLC Commissioner Jeffrey P Carver moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 23 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 23 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , 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 County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 06E02018A located at 10920 Cleveland Road , as shown on the attached Exhibit A , from General Business - Special Use District to General Business WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County In addition , this site is located within a “ neighborhood - center activity node ” which denotes an area in which commercial uses are suitable 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The General Business zoning is compatible with area land uses and zoning , which include multiple businesses and commercial zoning designations 3 This Board approves the proposed zoning amendment from General Business - Special Use District GB - SUD to General Business GB th Adopted this the 7 day of January , 2019 Page568 January 7 , 2019 – 6 00 pm Continued 3 Cleveland Community Representatives – Proposed Parks and Recreation District Update Mr Denton Lee from the Cleveland Community addressed the Board regarding a proposed parks and recreation district for the Cleveland area of Johnston County Mr Lee read from the following statement Good evening Thank you once again for allowing the Cleveland Community to address this body regarding the urgent need to set aside open space for both active and passive recreational needs in our community Almost two years ago , in February 2017 , a Cleveland Community landowner tried to donate to the County a 12 - acre tract of land for open space and recreational use for community citizens Our County Manager and staff worked diligently with community leaders to try to find a way to accept and develop this gift However , there just wasn’t a way for the County to devote funding in an equitable way for it to be developed and maintained for public use The dead end we reached was rooted in the realization that we , as a County , don’t allocate any general tax revenue to acquire , develop , and maintain parks and open space in our County In our current state , there is no county park , nor is there likely to be one unless this Board begins to value the preservation of open space and allocates funding for it Regardless of the density of residential development , there is no current plan or funding to resolve this critical need Most of our incorporated communities here in the County have addressed this need by allocating a portion of their municipal tax for acquiring , developing and maintaining parks and recreational space With that tax they can tap into grants and other sources of revenue to increase their funding for parks for the citizens in their community Regardless of your opinion about incorporation , not every corner of our County can be incorporated However , to have the quality of life and health we all want for ourselves and our fellow citizens , we need public space available for recreation and enjoyment in every corner of our County I once had a mentor who asked me when I brought a problem to his attention , “ Are you part of the problem or did you bring the solution ” We are here tonight to suggest to you that there is a solution In their wisdom , the North Carolina General Assembly wrote into law GS 153A - 301 & 302 specifically for the purpose of defining “ service districts in order to finance , provide , or maintain for the districts … facilities and functions in addition to or to a greater extent than those financed , provided or maintained for the entire county ” Over the years , this Board has used this legislation for many needs , primarily for fire protection Fire districts within the County have been created under this legislation to provide differentiated funding for communities based on their needs The tax rates are different within these districts because both the tax base and the needs are different What is needed in Blackman’s Crossroads may not be the same as the needs in the more highly populated Cleveland area In your wisdom , this Board allows each of these districts to self - regulate and self - fund for the district based on the needs and demands of the citizens within that district Under GS 153A , you can provide the same self - regulation and self - funding for recreation Attending tonight , as one of our ardent supporters for developing a recreation tax district in Cleveland is Rudolph Wells , our first fire chief of the Cleveland Volunteer Fire Department , and he served in that role for 25 years He can tell you firsthand what a blessing it was when we finally had a tax district supporting the work of the fire department rather than the annual drives , farm - equipment auctions , BBQ’s , and other fundraisers just to buy a fire truck or a set of turn - out gear It took courage from this Board many years ago to start taxing community citizens to help pay for the essential service of fire protection , and it will take courage from this Board in 2019 to acknowledge that recreation and preserving open space in our fast - growing unincorporated communities is essential for all citizens We are in a better place when everyone participates in the funding for a community service like recreation and fire protection that improves the safety and quality of life for all Local funding for local services Under the exact same General Statute that this Board used to create fire districts , you have the same legislated authority to address the essential open space and recreational needs in the County The exact same General Statute allows you to create recreation service districts based on four specific things 1 That there is a demonstrated need , 2 That it is impractical to provide the services on a countywide basis , 3 That it is economically feasible to provide the services , andPage569 January 7 , 2019 – 6 00 pm Continued 4 That there is a demonstrable demand for the services In previous meetings with this Board , we have provided overwhelming evidence for each of these requirements , and we are ready and willing to assist County staff in documenting these findings It is rare when citizens see a need so great that they ask their County representatives to allow them to self - fund that need thru a local , self - imposed tax It happened once before when citizens saw the need to provide adequate funding for their local fire department for the safety of their homes and families , and we are seeing it again now when they recognize how urgent it is to set aside open space for healthy recreation and enjoyment of all Just in the past two years , this Board has approved more than 3,250 new residential lots , most of which are in unincorporated areas like Cleveland , where there are no public playgrounds , no walking trails , no bike trails , and not a single public picnic shelter for families to enjoy Gentlemen , it is time to fix this problem As we reported to this Board on August 6 , 2018 , several community leaders have organized a new nonprofit corporation in our community , the Cleveland Community Parks and Recreation Association , for the purpose of acquiring , developing , and maintaining both active and passive parks and recreational facilities in the greater Cleveland Community We are devoted and committed to working with this Board to provide the open space so urgently needed in our community as residential growth and population continues to explode around us To that end , our new Association has under contract an 82 - acre tract of land at a bargain purchase price of 17M that we hope will become a central park for the Cleveland Community However , that property will not become a public park unless this Board assists us in creating the funding necessary to acquire , develop , and maintain the park Without that funding it will likely just become another subdivision with more homes , and more children , and more stress on our limited recreational facilities As evidenced by our public hearings and surveys last January , and the community citizens here tonight , we are confident an overwhelming majority of our community supports the opportunity to self - fund the acquisition , development , and maintenance of public open space and parks in the greater Cleveland Community through a small , 4 - cent recreation district tax Please give us that opportunity We implore you tonight to do two things 1 Vote to instruct staff to provide you with the information and evidence you need to begin the process of creating a Recreation Service District for the greater Cleveland Community , encompassing the existing boundaries of the McLemore Fire District , under the authority you have in GS 153A - 301 & 302 , including a district - wide mailing and public hearing 2 Allow the County Manager to release existing funds in the Cleveland High School open space account to the Cleveland Community Parks & Recreation Association , Inc to assist in the acquisition of the 82 - acre tract currently under contract What better use of open space funds than to make a small down payment to help us purchase open space for the community We appreciate your time and attention , and your service to the County I would like for all those Cleveland citizens here tonight supporting this effort to stand Approximately 40 people in the audience stood in support We’ll be happy to answer any questions you might have Thank you The Chairman asked if there were any others in the audience that wished to speak Paul Thompson , 100 Arthur Drive , Clayton , addressed the Board and stated he is not necessarily in opposition to a district ; however , he does have some concerns Mr Thompson stated he feels that the effort to create the district has almost been done in secrecy and he stressed the need for transparency Mr Thompson continued that he feels very few details have been released and even though a brochure was sent out some time ago , it contained little information as far as costs , exactly how the tax revenue would be spent , how the proposal of a 4 - cent tax was determined , and how long it would take to develop a park Mr Thompson acknowledged that there are many people in the audience in support ; however , he knows of other people that have more questions and would like more information Mr Thompson also noted the 2019 Revaluation is currently underway and he asked if it would be factored in to how a potential tax rate is set Mr Thompson reiterated that he is not necessarily opposed , but he would like more information and more communication PagePage pageNumber5570 January 7 , 2019 – 6 00 pm Continued Chairman Ted G Godwin commented that when the Board was first approached by citizens in the Cleveland Community about creating a district , the Board felt the best way to determine if there was a consensus among the citizens to support such a district would be through a referendum He continued that the County sought legislation for a referendum through its legislators since the County does not have the authority to call for the referendum under current statutes Chairman Godwin noted that legislation , which would have allowed for a voter referendum , passed in the House but not the Senate so it did not come to fruition Mr Lee readdressed the Board and stated with regards to communication and transparency , community meetings were held last year He noted that if this process were to move forward , pursuant to General Statutes , it would involve a public hearing in which every citizen in the proposed district would receive a mailing informing them of the hearing so they could attend and express their opinion Mr Lee stated with regards to plans for the property in question , it is difficult to spend a lot of money in the planning process when they currently do not own the property and there is uncertainty if there will be an ongoing funding mechanism for the district Mr Lee continued that he can assure everyone if the district is created there would be a source of revenue to help purchase the property and develop it He also stated there would be many opportunities for the public to weigh in on the various planning stages of the park project He noted the park design represented in the brochure mailing last year would take many years to build out and would have to be done in phases Mr Lee stated the Board of Commissioners would determine the tax rate and he is sure they would be sensitive to the rate keeping the 2019 Revaluation in mind Mr Lee apologized for the lack of transparency , stating they tried to be transparent and did their own mailing for their community meetings Mr Lee stated he wishes that the legislation had passed where citizens would have had a chance to vote Commissioner Tony Braswell noted that Mr Lee , in his remarks , has asked for open space funds to be released to assist with the acquisition of the 82 - acre tract of land currently under contract and he asked how much is available in the open space funds County Manager Rick Hester stated there is approximately 200,000 available in the open space funds Commissioner Braswell commented there is still the Greater Cleveland Athletic Association GCAA , which has their own funding needs to consider and he asked how the Board would balance the two organizations Mr Lee responded that the GCAA understands the needs of the Cleveland Community Parks and Recreation Association and the two groups will continue working together on all the needs Mr Lee reported that GCAA President Michael Knott is part of the effort to acquire more land in which to build parks and he understands the need to add to the current inventory Mr Lee stated the hope is that if the recreation tax district is created , the Recreation Association would actually own all the parkland , buildings , and ballfields and use the tax monies to improve the fields that GCAA and Pop Warner Football utilizes Mr Lee further stated the plan is for the Recreation Association to manage , develop , improve , and help maintain all the properties while the GCAA will run the programs Commissioner Patrick E Harris stated while he serves the entire County , the Cleveland Community is within a district he represents Commissioner Harris stated he is impressed with the group’s efforts ; however , he has heard from citizens who are opposed He asked if it would be appropriate to instruct staff to arrange two community meetings with the full Board of County Commissioners participating to hear from the people who would be affected by the tax district Commissioner Harris spoke on the need to address parks and recreation in Johnston County and stated he would like to have the subject be a topic on the Board’s upcoming work session agenda as well as discuss the possibility of a part - time recreation position Commissioner Chad M Stewart also stated he appreciates Mr Lee and the group’s efforts and it is important to him to have public input on the matter Commissioner Stewart agreed with the need to hold two community meetings and to make sure they are publicized well enough so all are aware and can attend Commissioner Patrick E Harris moved to instruct staff to organize two special community meetings of the Johnston County Board of Commissioners to be held in the Cleveland area McLemore Fire District of Johnston County for the purposes of receiving feedback from the citizens that would be affected by the proposed creation of a parks and recreation service tax district Commissioner Butch Lawter seconded the motion which carried unanimously Commissioner Stewart stressed to everyone that holding the two community meetings does not mean the Board is moving forward with approving the creation of a tax district just yet He stated the purpose of the two meetings are for the Commissioners to receive feedback from the citizens before deciding if the Board shouldPagePage pageNumber6571 January 7 , 2019 – 6 00 pm Continued move forward in the process of creating a district , which would then require a public hearing along with other necessary tasks 4 Planning Activity Report Planning Director Braston Newton presented the following Planning Activity Report for the month of December 2018 Monthly Activity Report – December 2018 CPB REZONINGS Proposed for December 2018 Special Use Straight Zoning Totals Approved 2018 Cases 2 2 4 24 Total Acres 28831 2727 291037 265901 SUBDIVISIONS Approved Approved 2018 2017 Proposed Re - submittals Major Subdivisions 44 37 5 - - - - Total Lots 1865 1,138 222 - - - - Total Acres 2032 1,37760 252328 - - - - Open Space Acres 17395 1983 - - - - - - - - Fee - in - Lieu 559,600 282,400 88,800 - - - - Minors 186 177 Total Lots 332 292 Total Acres 924579 75773 Valid Lots 11,615 Adjustments 315 added , 102 removed never developed or recorded 5 Growth Management Discussion Planning Director Braston Newton recalled from the December 3 , 2018 meeting , the Board was presented with nine items for consideration of possible ordinance amendments as it relates to growth management Mr Newton stated in meetings since that time , the list has been narrowed down further to the following four proposed ordinance amendments for the Board to consider as a starting point 1 Section 14 - 898 - IHI currently allows for multifamily at 15 units per acre as a permitted use Change to Special Use Proposed special use requirements to include reduction of density to 8 units per acre , 70 ’ building setback from arterial and collector roads , landscape buffer along arterial and collector roads , landscape requirements for building perimeters 2 Section 14 - 75 c 12 – Remove this subsection completely Currently allows for two family dwellings at densities greater than 15 units per acre as a special use 3 Section 14 - 77 d 1 & 2 – Reduce density for Mobile Home Parks from 3 or 4 units per acre to 15 units per acre and adjust density calculation based on usable land as in Option # 1 density calculation based on usable land would be specific to MHPs 4 Section 14 - 75 g , Section 14 - 257 k 6 a , Section 14 - 257 l 5 a and Section 7G 5 – For regular subdivisions and Planned Developments Special Uses , consider adjusting fee schedule to increase open space fee Current fee is 400 per lot Propose doubling the per lot fee to 800 Mr Newton stated if appropriate , staff would take the amendments to the Planning Board for a recommendation in February which could be followed by a public hearing of the Board of Commissioners in March Upon a motion by Commissioner Butch Lawter , seconded by Commissioner Chad M Stewart , and carried by unanimous vote , the Board instructed staff to proceed with submitting the proposed ordinance amendments as presented by the Planning Director , to the Planning Board in February and further , to schedule aPagePage pageNumber7572 January 7 , 2019 – 6 00 pm Continued public hearing by the Board of Commissioners for the March 4 , 2019 6 00 pm meeting to allow for public comment 6 Manager Reports and Comments None 7 Board Reports and Comments A Recognition of Scouts in the Audience Chairman Ted G Godwin recognized members from Scout Troop 64 in the audience Mr Warren Prosser and his son , Jackson Prosser , from Scout Troop 64 stated they were attending the meeting as part of working on a Citizenship in Community badge B Commissioner Appointments to Boards and Committees by the Chairman Chairman Ted G Godwin submitted the boards and committee assignments for 2019 to the Commissioners and asked for any feedback There being no discussion , Chairman Godwin thanked his fellow Commissioners for serving C Alliance Board of Directors Seat Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board voted to support Commissioner Tony Braswell for the second position representing Johnston County on the Alliance Behavioral Healthcare Board of Directors There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Larry Wood seconded the motion , which carried by unanimous vote The meeting adjourned at 7 00 pm Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage