February 4, 2019 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 606 Meeting of the Johnston County Board of Commissioners February 4 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 4 , 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 No one wished to speak during this time ; however , representatives from NC Stop Torture Now spoke at the end of the meeting 2 Public Hearing – Economic Development Incentive Grant Joint Hearing with the Town of Selma Advertised – The News & Observer Friday Zone Edition – January 25 , 2019 ; The Johnstonian News and The News in Review – January 23 , 2019 Selma Mayor Cheryl Oliver called the Town of Selma’s special meeting to order and thanked the Board for working with the Town on the joint public hearing Chairman Ted G Godwin opened the County’s public hearing for the purposes of receiving public comment on a proposed economic development incentive grant agreement The Selma Town Council opened their public hearing Chairman Godwin called on Johnston County Economic Development Director Chris Johnson to review the project summary with the Board Mr Johnson reported the proposed economic development incentive grant is for Linamar Forgings Carolina , Inc who are planning an expansion at an existing building at the Oak Tree Industrial Park in Selma Mr Johnson stated the company plans to invest 3 million and create 24 new jobs with an annual salary of over 54,000 which far exceeds the average salary for Johnston County Mr Johnson stated the Johnston County Economic Development Advisory Board has reviewed the project and recommends an economic development incentive grant for five years valued at 50 of the net new taxable values of the expansion for improvements and business personal property Mr Johnson noted that no incentives will be paid until such time as the company has met all the commitments within the economic development incentive grant agreement ; therefore , there is no risk to the taxpayers Mayor Oliver stated the Town of Selma is delighted that Linamar Forgings Carolina has decided to locate in the Oak Tree Industrial Park Mayor Oliver reported the Town has been seeking a quality business for the facility that would provide meaningful and well - paying jobs as well as enhance the reputation of the business park and the Town of Selma Mayor Oliver stated the Town of Selma’s economic development incentive grant agreement mirrors the Johnston County agreement and the Town of Selma supports the approval of the incentive grant Mr Chris Jones , Manager for the Linamar Wilson facility , thanked the Board and the Town of Selma for their consideration of the economic development incentive grant Mr Jones stated they look forward to getting started in the Selma facility and will hopefully hire more employees than the anticipated 24 new jobs Chairman Godwin asked if anyone else in the audience wished to speak There being no further comments , Chairman Godwin closed the County’s public hearing Page607 February 4 , 2019 – 6 00 pm Continued The Selma Town Council closed their public hearing Commissioner Tony Braswell moved the Board approve the economic development incentive grant agreement between the County and Linamar Forgings Carolina , LLC Commissioner Larry Wood seconded the motion which carried by unanimous vote Following action by the Board of Commissioners , the Selma Town Council took action on their respective agreement and then adjourned their special meeting 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – January 25 , 2019 and February 1 , 2019 ; The Johnstonian News and The News in Review – January 23 and 30 , 2019 Certified letters were mailed to adjoining property owners on January 18 , 2019 Notices were posted at the locations on November 30 , 2018 for Cases 18 - 22 ; 18 - 25 ; and 18 - 27 The Chairman opened the Rezoning Hearing for Case 18 - 22 Case 18 - 22 Petition to rezone 1007 acres located at 2446 Old Drug Store Rd in the Cleveland Township from Mobile Home Park District MHPD to General Business GB Tax ID 06F99001K Owner Nancy Dupree Canady Applicant Nancy Dupree Canady Planning Director Braston Newton stated the petition is to rezone 1007 acres located at 2446 Old Drug Store Road in the Cleveland Township from Mobile Home Park District to General Business Mr Newton stated the existing land use is for a mobile home park district The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business – Special Use District and used for gas station convenience stores ; and Mobile Home Park District and used for a mobile home park 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 It was determined that the applicant was not present and it was noted that the applicant did not attend the Planning Board meeting after multiple attempts to contact them There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended denial of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 18 - 22 Decision on Rezoning Case 18 - 22 Case 18 - 22 Petition to rezone 1007 acres located at 2446 Old Drug Store Rd in the Cleveland Township from Mobile Home Park District MHPD to General Business GB Tax ID 06F99001K Owner Nancy Dupree Canady Applicant Nancy Dupree Canady Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and deny the rezoning request for Case 18 - 22 Commissioner Tony Braswell seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 22 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 § 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 06F99001K located at 2446 Old Drug Store Road , Garner as shown on the attached Exhibit A , from Mobile Home Park District to General Business Page608 February 4 , 2019 – 6 00 pm Continued WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners deny the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to deny the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment not to be reasonable and not 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 not consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a It does not align with “ Goal 3 , Objective 3B Identify Future Industry Sites ” found in the Comprehensive Land Use Plan in that several parcels in the area have been identified for industrial use and zoning 2 This Board finds and determines that it is not reasonable and not in the public interest to adopt the proposed amendment because a There are a number of nearby industrial sites 3 This Board denies the proposed zoning amendment from Mobile Home Park District to General Business th Adopted this the 4 day of February , 2019 The Chairman reopened the Rezoning Hearing for Case 18 - 25 Case 18 - 25 Petition to rezone 1648 acres located along Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 05F02001E , 05F02001B , 05F02002A Owner Kenneth Lucas Applicant CE Group , Mark Ashness Planning Director Braston Newton stated the petition is to rezone 1648 acres located along Cornwallis Road in Cleveland Township from Agricultural Residential to Agricultural Residential – Special Use District He noted the special use request associated with the rezoning is to allow for a Planned Development - Housing Mr Newton stated the site is currently used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and General Business – Special Use District for a landscape supply business Mr Newton stated the traffic count for this portion of Cornwallis Road was 9,900 vehicles per day and this portion of Cornwallis Road appears on the Transportation Plan as a “ Boulevard Needing Improvement ” He noted a Traffic Impact Analysis was completed by Ramey Kemp & Associates which has been reviewed by the North Carolina Department of Transportation Mr Newton stated 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 Attorney Jason Wenzel , 102 S Third Street , Smithfield , representing Landowner Kenneth Lucas addressed the Board Mr Wenzel noted that Mr Lucas lives at 6859 Cornwallis Road which is located next to the subject site Mr Wenzel introduced the following individuals to speak or answer questions for the rezoning Land Use and Zoning Attorney Jason Barron with Morning Star Law Group of Raleigh ; Project Engineer Mark Ashness with CE Group of Raleigh ; and Realtor Jay Taylor Mr Wenzel also noted that a representative from Ramey Kemp is available if needed to discuss the traffic impact analysis Attorney Jason Barron , Morning Star Law Group of Raleigh , addressed the Board Mr Barron stated the proposed use is consistent with the County’s comprehensive land use plan and meets all the requirements within the applicable land use policies Mr Barron continued that a traffic impact analysis was performed and vetted by the North Carolina Department of Transportation with the recommendations from that analysis incorporated into the plan for the subject site Mr Barron noted that staff’s recommendation as well as the Planning Board’s recommendation was for approval He stated a neighborhood meeting was held prior to the request being heard by the Planning Board and no one attended that meeting Mr Barron asked the Board to approve the rezoning request There being no further public comments , the Chairman closed the public comment portion of the hearing Page609 February 4 , 2019 – 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 18 - 25 Commissioner Jeffrey P Carver stated his opinion has not changed from the first time the Board looked at the request Commissioner Carver noted that Cornwallis Road appears on the Transportation Plan as a “ Boulevard Needing Improvement ” and the area has high levels of growth pressures that currently exist as well as there are concerns to consider regarding future sewer capacities and the expense associated with adding more capacity Commissioner Carver stated he cannot support the request to rezone to Agricultural Residential – Special Use District , but noted that the applicant could still develop the property as a subdivision through the Planning Board under the current Agricultural Residential zoning Commissioner Chad M Stewart stated he supported the request last time and he will support it this time Commissioner Stewart spoke on other development in the area and stated under the current rules set forth , he feels the request deserves approval Decision on Rezoning Case 18 - 25 Case 18 - 25 Petition to rezone 1648 acres located along Cornwallis Road SR 1525 in Cleveland Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 05F02001E , 05F02001B , 05F02002A Owner Kenneth Lucas Applicant CE Group , Mark Ashness Motion Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 25 Commissioner Butch Lawter seconded the motion Discussion Commissioner Tony Braswell noted the Board is currently looking at density concerns in highly populated areas along with ways to alleviate concerns ; however , under the current ordinance , he feels he must support the request Chairman Ted G Godwin stated he feels the request is better than a regular subdivision , because it comes to the Board as a special use request which allows the Board to require transportation improvements that will hopefully make things better Commissioner Stewart stated he understands the concerns ; however , he agrees with Commissioner Braswell that under the current rules , he can support the request Commissioner Stewart stated moving forward , the Board can look at the ordinances Commissioner Butch Lawter agreed that the Board needs to look at the ordinances going forward , but for now the request meets the land use plan Vote The motion carried by the following vote Ayes Commissioners Ted G Godwin , Chad M Stewart , Tony Braswell , Patrick E Harris , and Butch Lawter Nays Commissioners Jeffrey P Carver and Larry Wood RESOLUTION FOR CASE NUMBER 18 - 25 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 ifPagePage pageNumber5610 February 4 , 2019 – 6 00 pm Continued 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 parcels identified as tax Tag ID 05F02001E , 05F02001B , and 05F02002A , located along Cornwallis Road at its intersection with Winston Road , as shown on the attached Exhibit A , from Agricultural Residential to Agricultural Residential - Special Use District to allow for a planned unit development - housing only 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 1 “ Grow in a fiscally efficient , compact manner , ” that states more compact patterns of development can make more efficient use of infrastructure and minimize conflicts with agriculture 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The Agricultural Residential - Special Use District zoning is compatible with area land uses and zoning , which include moderate density residential development 3 This Board approves the proposed zoning amendment from Agricultural Residential to Agricultural Residential - Special Use District th Adopted this the 4 day of February , 2019 The Chairman opened the Special Use Hearing for Case 18 - 25 Case 18 - 25 To allow for a Planned Development - Housing Owner Kenneth Lucas Applicant CE Group , Mark Ashness Those wishing to speak on Special Use Case 18 - 25 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for Planned Development - Housing Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 18 - 25 on October 30 , 2018 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 18 , 2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 18 - 25 and made the following recommendations Upon a motion by Ms Hackler to approve Rezoning Case 18 - 25 , seconded by Mr Sapir , with Mr Smith opposing , the Planning Board approved Rezoning Case 18 - 25 with a vote of 5 - 1 at the December 18th , 2018 Planning Board Meeting PagePage pageNumber6611 February 4 , 2019 – 6 00 pm Continued Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 18 - 25 amending condition # 16A to read three lane cross section vs a two lane , seconded by Ms Hackler with Mr Smith opposing , the Planning Board approved the Special Use Conditions for Rezoning Case 18 - 25 with a vote of 5 - 1 at the December 18th , 2018 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant Cornwallis Landing is located in Cleveland Township and is conveniently located to Clayton and White Oak Shopping Center As a planned development , we are able to offer open space , trails , and amenities not provided in other nearby subdivisions The project will have curb and gutter streets along with sidewalks and street trees to enhance pedestrian connectivity We have provided a minimum 50 ’ perimeter buffer around the project Roadway improvements will occur at both entrances as noted in the Traffic Study 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Cornwallis Landing meets all applicable requirements of the Johnston County Land Development Code The proposed use is compliant with the existing zoning density All proposed improvements will comply with federal , state , and local regulations The project will be served with water and sewer from Johnston County Public Utilities We will have multiple stormwater ponds in the open space in compliance with Johnston County and State regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The Land Plan for Cornwallis Landing has been prepared to insure compatibility with adjoining neighbors Perimeter buffers and Open Space have been strategically located to transition with adjoining properties Future road stubs have been provided to assist with interconnectivity of future development on adjoining parcels 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Cornwallis Landing is located in an area designated as Primary Growth in the County Comprehensive Plan The proposed land plan is fully compliant with the objectives of the Primary Growth area with use of available public infrastructure The proposed project is fully compliant with existing County Land Use regulations Specific Land Uses APPLICANT To allow for a Planned Unit Development Special Use Conditions 1 Permitted Uses Planned Unit Development 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Limited to development of 244 single family detached dwellings 4 This development shall meet the requirements of LDC CH 14 Art 3 Div 5 and DM Sec 7 H 5 Setbacks shall be a 50 ’ from adjacent perimeter parcels and roadways , b Internal development setbacks are 20 ’ front street , 12 ’ side street , 5 ’ side , 10 ’ rear 6 Provide Complete floodplain information 7 Provide Metes & bounds 8 Provide certifications in accordance with DM Sec 7 L 9 Provide entrance sign & street signs 10 Street name approval required 11 All lots shall access internal streets 12 Cul - de - sac lots shall have 20 ’ minimum road frontage 13 Complete improvements or provide performance guarantee 14 Limited to the recordation of 200 lots until a second full service access is constructed 15 Stubout Street extension signage in accordance with LDC Sec 14 - 75 d 3 16 TIA Recommendations a Cornwallis Road and Winston Road Site Drive 1 i NB Cornwallis 1 100 ’ Left Turn Lane ii SB Cornwallis 1 100 ’ Left Turn Lane 2 100 ’ Right Turn Lane iii EB Site Drive 1 1 Two Three Lane Cross Section Change recommended by Planning Board 2 Egress Left Thru Right 3 125 ’ Internal Protected Stem iv Provide signalization of this intersection b Cornwallis Road and Site Drive 2 i NB Cornwallis 1 100 ’ Left Turn Lane ii SB Cornwallis 1 75 ’ Right Turn Lane iii EB Site Drive 2PagePage pageNumber7612 February 4 , 2019 – 6 00 pm Continued 1 Two Lane Cross Section 2 Egress Left Thru Right 3 100 ’ Internal Protected Stem 17 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 L item 8 18 Provide perimeter buffer in accordance with LDC Sec 14 - 257 k 19 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 20 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services 21 A driveway permit and subdivision design approval must be obtained prior to construction 22 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 23 It will be determined at the time the driveway permit application is submitted if any road improvements will be required Not necessary as road improvements are identified in Item 16 24 Soil Erosion & Sedimentation Control Plan required 25 Stormwater Compliance 26 Approval of water and sewer system 27 Right - of - way dedications or reservations will be determined during the driveway permitting process Mr Newton listed and reviewed the special use conditions with the Board Project Engineer Mark Ashness with Applicant CE Group , addressed the Board Mr Ashness stated the project has been designed to maintain or improve the public health , safety , and general welfare He stated the project will be conveniently located to Clayton and White Oak Shopping Center and is situated in a location that the County’s Comprehensive Land Use Plan has designated for primary growth Mr Ashness stated as a planned development , the project offers open space , trails , and amenities unlike other nearby subdivisions He noted the project is planned with curb and gutter streets along with sidewalks and street trees to enhance the overall pedestrian experience Mr Ashness stated they have provided for a minimum 50 ’ perimeter buffer around the project and Ramey Kemp has conducted a traffic study , which includes improvements at both entrances Mr Ashness briefly reviewed the planned transportation improvements with the Board Mr Ashness continued his remarks by stating the plans comply with the County’s Land Development Code and all other applicable standards He noted the proposed density is 244 single - family homes , which is just under the maximum allowed density for the district Mr Ashness stated the project is consistent with transportation standards and includes a condition that no more than 200 lots can be recorded until a second full access is constructed Mr Ashness stated all proposed improvements will comply with federal , state , and local regulations and the project will be served with water and sewer from Johnston County Public Utilities He noted the project will have multiple stormwater ponds in the open space areas to comply with Johnston County and State regulations Mr Ashness stated the project has been designed to enhance the value of contiguous properties He noted the Property Owner has a large home situated beside the subject site and specific care has been taken with the design to accommodate neighboring properties Mr Ashness stated there is quite a bit of open space on the plan and it has been strategically situated to provide opportunities for people to move within the community without having to utilize the roads He stated as the rest of the area develops , a stub access has been planned for various properties to enhance cross connection Mr Ashness stated overall the development is compatible with the existing development patterns in the area , is coordinated to accommodate future growth , and maintains the value of the surrounding properties for now and can serve to enhance values for future growth Mr Ashness concluded his remarks by stating the plan conforms to the County’s long range planning principals and is to be located within a primary growth area as defined in the County’s Comprehensive Land Use Plan Mr Ashness stated the project is within the sewer service area and therefore is a prime example of an area that the comprehensive land use plan suggests should be developed at a higher density Mr Ashness stated this project offers things such as amenities and greenway trails that other developments do not offer Mr Ashness stated it is his professional opinion that the proposed plan is designed to maintain and promote public health , safety , and general welfare He further stated it is also his professional opinion that the plan complies with all applicable requirements of the Land Development Code and will maintain and enhance the value of contiguous properties Mr Ashness stated the project conforms to the general plans for physical development of the County’s planning jurisdiction , the design manual , and other development policies He offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber8613 February 4 , 2019 – 6 00 pm Continued Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions Mr Newton noted the Planning Board recommends approval with revisions to the special use conditions as noted in the summary of evidence There being no further comments , the Chairman recessed the Special Use Hearing for Case 18 - 25 Commissioners Patrick E Harris and Butch Lawter disclosed that they were contacted by Realtor Jay Taylor who provided a basic outline of the project Commissioner Tony Braswell disclosed that he was also contacted ; however , he chose not to discuss the project with Mr Taylor Chairman Ted G Godwin disclosed that he has spoken with the applicants in months past ; however , he declined to engage in conversations related to Case 18 - 25 prior to this hearing Commissioner Larry Wood expressed his concerns with school overcrowding in the area and asked the Board to consider how the proposed development impacts the general welfare of the citizens Commissioner Wood spoke on the need to have plans in place to resolve the overcrowding issues Commissioner Wood stated growth cannot continue when there are no plans in place to address everything that comes with that growth Commissioner Lawter asked what is the definition of general welfare and how is that decided County Attorney Jennifer Slusser explained that there is not a definition of general welfare in the ordinance , but the Board is making their decision based upon the evidence presented during the special use hearing Decision on Special Use Case 18 - 25 Case 18 - 25 To allow for a Planned Development - Housing Owner Kenneth Lucas Applicant CE Group , Mark Ashness Based on the following findings of facts and revised special use conditions as recommended by the Planning Board , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 18 - 25 to allow for a Planned Development - Housing on 1648 acres located along Cornwallis Road in Cleveland Township Commissioner Butch Lawter seconded the motion which carried by the following vote Ayes Commissioners Ted G Godwin , Chad M Stewart , Tony Braswell , Patrick E Harris , and Butch Lawter Nays Commissioners Jeffrey P Carver and Larry Wood Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Cornwallis Landing is located in Cleveland Township and is conveniently located to Clayton and White Oak Shopping Center As a planned development , we are able to offer open space , trails , and amenities not provided in other nearby subdivisions The project will have curb and gutter streets along with sidewalks and street trees to enhance pedestrian connectivity We have provided a minimum 50 ’ perimeter buffer around the project Roadway improvements will occur at both entrances as noted in the Traffic Study 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Cornwallis Landing meets all applicable requirements of the Johnston County Land Development Code The proposed use is compliant with the existing zoning density All proposed improvements will comply with federal , state , and local regulations The project will be served with water and sewer from Johnston County Public Utilities We will have multiple stormwater ponds in the open space in compliance with Johnston County and State regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ;PagePage pageNumber9614 February 4 , 2019 – 6 00 pm Continued The Land Plan for Cornwallis Landing has been prepared to insure compatibility with adjoining neighbors Perimeter buffers and Open Space have been strategically located to transition with adjoining properties Future road stubs have been provided to assist with interconnectivity of future development on adjoining parcels 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Cornwallis Landing is located in an area designated as Primary Growth in the County Comprehensive Plan The proposed land plan is fully compliant with the objectives of the Primary Growth area with use of available public infrastructure The proposed project is fully compliant with existing County Land Use regulations Specific Land Uses APPLICANT To allow for a Planned Unit Development Special Use Conditions 1 Permitted Uses Planned Unit Development 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Limited to development of 244 single family detached dwellings 4 This development shall meet the requirements of LDC CH 14 Art 3 Div 5 and DM Sec 7 H 5 Setbacks shall be a 50 ’ from adjacent perimeter parcels and roadways , b Internal development setbacks are 20 ’ front street , 12 ’ side street , 5 ’ side , 10 ’ rear 6 Provide Complete floodplain information 7 Provide Metes & bounds 8 Provide certifications in accordance with DM Sec 7 L 9 Provide entrance sign & street signs 10 Street name approval required 11 All lots shall access internal streets 12 Cul - de - sac lots shall have 20 ’ minimum road frontage 13 Complete improvements or provide performance guarantee 14 Limited to the recordation of 200 lots until a second full service access is constructed 15 Stubout Street extension signage in accordance with LDC Sec 14 - 75 d 3 16 TIA Recommendations a Cornwallis Road and Winston Road Site Drive 1 i NB Cornwallis 1 100 ’ Left Turn Lane ii SB Cornwallis 1 100 ’ Left Turn Lane 2 100 ’ Right Turn Lane iii EB Site Drive 1 1 Three Lane Cross Section 2 Egress Left Thru Right 3 125 ’ Internal Protected Stem iv Provide signalization of this intersection b Cornwallis Road and Site Drive 2 i NB Cornwallis 1 100 ’ Left Turn Lane ii SB Cornwallis 1 75 ’ Right Turn Lane iii EB Site Drive 2 1 Two Lane Cross Section 2 Egress Left Thru Right 3 100 ’ Internal Protected Stem 17 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 L item 8 18 Provide perimeter buffer in accordance with LDC Sec 14 - 257 k 19 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 20 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services 21 A driveway permit and subdivision design approval must be obtained prior to construction 22 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 23 Soil Erosion & Sedimentation Control Plan required 24 Stormwater Compliance 25 Approval of water and sewer system 26 Right - of - way dedications or reservations will be determined during the driveway permitting process The Chairman reopened the Rezoning Hearing for Case 18 - 27 Case 18 - 27 Petition to rezone 4064 acres located at 110 Williamson Lane in Wilders Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID Page0615 February 4 , 2019 – 6 00 pm Continued 16K03011 & 16P99012I Owner Samuel & Betty Williamson Applicant Truman Farm , LLC & Strata Solar , LLC Planning Director Braston Newton stated the petition is to rezone 4064 acres located at 110 Williamson Lane in Wilders Township from Agricultural Residential to Industrial 2 – Special Use District He noted the special use request associated with the rezoning is to allow for a solar energy generation facility Mr Newton stated the site is currently used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Attorney Karen Kemerait , representing the Applicant and the Owners , addressed the Board Ms Kemerait stated the property is located at 110 Williamson Lane in Wilders Township and is a part of an overall parcel approximately 150 acres in size She noted less than ¼ of the overall tract will be used for the solar farm Ms Kemerait stated the adjacent properties are a mix of agricultural and residential uses and a solar farm will fit in well with those uses Ms Kemerait reviewed with the Board a statement of justification for the rezoning and special use identified as “ Exhibit B ” and a part of the application included within the agenda packet Ms Kemerait also noted a property impact analysis was completed by North Carolina Certified Real Estate Appraisers Kirkland Appraisals , who provided an expert opinion that the solar farm will maintain or enhance the value of contiguous property and will be in harmony with the area Ms Kemerait stated the use will conform with all of the general plans for development by the County as well as the County’s Comprehensive Land Use Plan 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 closed the Rezoning Hearing for Case 18 - 27 Decision on Rezoning Case 18 - 27 Case 18 - 27 Petition to rezone 4064 acres located at 110 Williamson Lane in Wilders Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 16K03011 & 16P99012I Owner Samuel & Betty Williamson Applicant Truman Farm , LLC & Strata Solar , LLC Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 27 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 27 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 16K03011 and 16P99012I located at 110 Williamson Lane , as shown on the attached Exhibit A , from Agricultural Residential to Industrial 2 - Special Use District to allow for a solar energy generation facility 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 Page1616 February 4 , 2019 – 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 request is consistent with the Comprehensive Land Use Plan in that Objective 2C states that the county should encourage and promote development utilizing vegetative buffers in rural areas to mitigate the effects of land uses on other adjacent land uses 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The Industrial 2 - Special Use District is compatible with surrounding land uses and zoning , as the allowable use of a solar energy generation facility creates minimal noise , low traffic , and does not have an adverse environmental impact 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial 2 - Special Use District th Adopted this the 4 day of February , 2019 The Chairman reopened the Special Use Hearing for Case 18 - 27 Case 18 - 27 To allow for a Solar Energy Generation Facility Owner Samuel & Betty Williamson Applicant Truman Farm , LLC & Strata Solar , LLC Those wishing to speak on Special Use Case 18 - 27 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for a solar energy generation facility Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 18 - 27 on October 31 , 2018 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 18 , 2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 18 - 27 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 18 - 27 , seconded by Ms Hackler , the Planning Board approved Rezoning Case 18 - 27 with a unanimous vote of 7 - 0 at the December 18th , 2018 Planning Board Meeting Upon a motion by Mr Smith to approve the Special Use Conditions for Rezoning Case 18 - 27 , seconded by Ms Hackler , the Planning Board approved the Special Use Conditions for Rezoning Case 18 - 27 with a unanimous vote of 7 - 0 at the December 18th , 2018 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant See Exhibit B for responses to this section 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant See Exhibit B for responses to this section 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant See Exhibit B for responses to this section 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Page2617 February 4 , 2019 – 6 00 pm Continued Applicant See Exhibit B for responses to this section Specific Land Uses APPLICANT Solar energy generation facility Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Site will be developed in accordance with Land Development Code Section 14 - 123 6 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall Page3618 February 4 , 2019 – 6 00 pm ContinuedPage4619 February 4 , 2019 – 6 00 pm ContinuedPage5620 February 4 , 2019 – 6 00 pm ContinuedPage6621 February 4 , 2019 – 6 00 pm Continued Mr Newton listed and reviewed the special use conditions with the Board Attorney Karen Kemerait , representing the Applicant and the Owners , offered to answer any questions 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 special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 18 - 27 Decision on Special Use Case 18 - 27 Case 18 - 27 To allow for a Solar Energy Generation Facility Owner Samuel & Betty Williamson Applicant Truman Farm , LLC & Strata Solar , LLC Based on the following findings of facts and special use conditions , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 18 - 27 to allow for a solar energy generation facility on 4064 acres located at 110 Williamson Lane in Wilders Township Commissioner Larry Wood seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The proposed Solar Farm will not materially endanger the public health or safety The Solar Farm will be designed and constructed in compliance with all applicable building and electrical codes as set forth by the State of North Carolina and the County The Solar Farm will be secured with fencing and gates , accessible to emergency services providers The Solar Farm will generate little traffic , will not produce odor , will produce no discernible noises , does not produce toxic or hazardous waste or contain hazardous materials or substances , will be completely dark at night , and will notPage7622 February 4 , 2019 – 6 00 pm Continued produce any emissions The Solar Farm will be screened by natural vegetation and landscaping and the Solar Farm will not prevent or impede neighbors from fully using their homes or farms 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The site plan meets all requirements of the Johnston County Zoning Ordinance , including the specific standards of a Solar Energy Generation Facility The site plan complies with the setback requirements , height limitation , fencing , and landscape buffer requirements 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The proposed Solar Farm is consistent with the surrounding agricultural and rural residential uses The Solar Farm will have no adverse impact due to traffic , odor , noise , environmental considerations , or light The Solar Farm is not a traffic generator , does not produce odor , produces no discernable noise , does not produce hazardous waste or contain hazardous materials or substances , will be completely dark at night , and will not produce any emissions Appraisal information supports that the proposed Solar Farm will maintain or enhance the value of contiguous property Solar energy is a clean , inexpensive , and unlimited resource that has little environmental impact 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The Proposed Solar Farm conforms with the County’s 2030 Comprehensive Plan Goals 2C in that it is a consistent use with the area in which it will be located ; Goal 3 in that it will diversify and expand the economy providing a necessary resource ; Goal 6 in that it will preserve farmland as 85 acres of the parent parcel will remain as agricultural land or timber land ; and Goal 9 in that it will preserve the rural landscape as it is a consistent use with the area and will enable the property owners to maintain ownership of the large tracts of land that might otherwise be sold for development of large residential use or other uses Specific Land Uses APPLICANT Solar energy generation facility Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Site will be developed in accordance with Land Development Code Section 14 - 123 6 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 4 Request for Public Sewer Access Wade Corbett , 104 Airport Industrial Drive , Suite 101 , Clayton , addressed the Board and stated they are requesting to connect a proposed residential development located on Norris Road in the Cleveland area to the Johnston County sewer system Mr Corbett presented the following map to the Board and stated the request is unique and as he understands , one of the main concerns by the Board is setting an unwanted precedent moving forward Page8623 February 4 , 2019 – 6 00 pm Continued Mr Corbett continued that he feels the request is logical and makes good common sense He clarified that he is not asking to connect to sewer in order to have a higher density for the development and they are planning the same density even if they have to utilize septic systems Mr Corbett stated the land is directly adjacent to the sewer service area and there is an existing sewer line running directly through the property which was utilized to connect sewer to the Swift Creek Middle School Mr Corbett presented a map of the soils data in the area and stated although the area does have some suitable soils for septic systems , those suitable areas are very spotty due to floodplains , low areas , and other miscellaneous reasons He stated using septic systems would cause a large portion of the residential lots to become “ flag lots ” or have offsite septic systems or septic repair areas , which he personally would rather avoid Mr Corbett stated approximately twenty of the proposed lots back up directly to an existing sewer line , meaning the septic layout would have to be more creative than normal to accommodate the existing sewer easement He stated in some cases , the existing sewer line would go through the middle of the residential lots , making the installation of septic systems extremely difficult Mr Corbett continued that from a conservation standpoint , allowing them to connect to the sewer system will mean the disturbance of less soil and the conservation of more trees overall , leaving larger buffers Mr Corbett stated it is worth noting that there are no other viable tracts of land that could or would attempt to tie into sewer after this development , due to feasibility and prior developments Mr Corbett stated if they are allowed to tie into the sewer system , it would upgrade the County’s sewer system slightly as they would have to relocate the existing pump station to a better and more logical location He stated the tract surrounds Swift Creek Middle School and by requesting sewer , it will allow them the opportunity to install curb and gutter as well as sidewalks Mr Corbett continued that by connecting to the sewer system , thePage9624 February 4 , 2019 – 6 00 pm Continued offsite septic area would then become active open space with playgrounds and other amenities instead of unusable and inaccessible lots Mr Corbett stated all the reasons he has mentioned makes the difference in between developing just another subdivision and creating a high quality community for citizens Mr Corbett stated it is his intention to personally build all the houses within this development and he reiterated that they are not trying to increase density Mr Corbett stated they are requesting access to public sewer , which is already running through the parcel and next to a school where they have the option to increase the walkability , usability , and quality of the community Mr Corbett stated with the school located next to the site and a sewer line running through the parcel , he believes it makes this tract of land so unique that allowing it access to sewer will not set a precedent for others to follow Mr Corbett noted they are willing to install sidewalks going directly to the school on the school property if allowed by Johnston County Schools Chairman Ted G Godwin referenced the aerial map submitted by Mr Corbett and asked if sewer is being requested for both parcels Mr Corbett confirmed they are requesting sewer connectivity for the parcels on both sides of Norris Road northern parcel and southern parcel , but he noted they have only done a significant amount of due diligence on the southern parcel He stated they have a contract to purchase the southern parcel from the landowner and an option to purchase the northern parcel Commissioner Butch Lawter asked staff if there have been any other circumstances similar to this request where the property had a sewer line running through it and it was adjacent to a school Director of Public Utilities Chandra Farmer , PE , stated it is possible there could be some similar situations , but she is currently not aware of any Ms Farmer noted there are some parcels on the other side of the creek that have requested sewer service , but have been denied at the staff level At the inquiry of Commissioner Patrick E Harris , Mr Corbett stated if septic systems are installed , some of them would back up to the existing sewer line Upon a question by Commissioner Larry Wood , Planning Director Braston Newton discussed the setbacks that would be required from the existing sewer line if septic systems were utilized Commissioner Tony Braswell stated the development is a great plan ; however , having previously served as a County Commissioner , he knows that other requests have been denied Commissioner Braswell stated he understands what Mr Corbett is trying to do , but providing walkways to the school is not reason enough for him to go against what he has previously done on this Board Commissioner Braswell stated his concern is if the Board grants this approval , there could be other reasons to approve someone else ; therefore , he cannot support this Commissioner Chad M Stewart commented that this is the first request he has heard so he has not denied one in the past ; however , he is worried about how many other requests may come in Commissioner Stewart stated he does believe this request is unique because of the adjacent school and he does not see the practicality of putting septic systems on top of an existing sewer line Commissioner Lawter stated he agrees with Commissioner Stewart that this instance does make common sense , but he does have a concern over setting a precedent even though this is a unique situation Commissioner Lawter asked if a developers agreement could be placed on the subdivision approval to assure that Mr Corbett would follow through with what he has pledged to do Commissioner Stewart asked if the subdivision request would go through the Planning Board Planning Director Braston Newton clarified that any residential subdivision connecting to sewer would have to go through the special use process so it would come back to the Board of Commissioners as a Planned Development – Housing special use request Commissioner Jeffrey P Carver expressed his concerns that by approving this request , it opens the door for other requests to come in Commissioner Carver spoke on how others have been denied in the past and stated if this request is approved , then the Board would be deviating from past actions Commissioner Carver stated he is going to be very consistent with past actions and vote no Page0625 February 4 , 2019 – 6 00 pm Continued Motion Commissioner Chad M Stewart moved the Board approve the request Clarification to Motion , Second , and Vote Chairman Ted G Godwin asked Commissioner Stewart if he would like to be specific in the motion to allow the sewer connection for the southern portion of the development and Commissioner Stewart agreed Commissioner Butch Lawter seconded the motion to approve the sewer connection for the southern portion of the development , which carried by the following vote Ayes Commissioner Ted G Godwin , Chad M Stewart , Patrick E Harris , and Butch Lawter Nays Commissioners Jeffrey P Carver , Larry Wood , and Tony Braswell County Manager Rick Hester noted that the project would also be subject to additional final required approvals consistent with the Land Development Code 5 Planning Activity Report Planning Director Braston Newton presented the following Planning Activity Report for the month of January 2019 Monthly Activity Report – January 2019 CPB REZONINGS Proposed for January 2019 Special Use Straight Zoning Totals Approved 2018 Cases 2 2 4 26 Total Acres 20544 2727 208167 471341 SUBDIVISIONS Approved columns are through previous month Approved Approved 2018 2017 Proposed Re - submittals Major Subdivisions 48 44 8 - - - - Total Lots 2064 1,572 526 - - - - Total Acres 227262 1,8096 544462 - - - - Open Space Acres 17395 1983 - - - - - - - - Fee - in - Lieu 639,200 456,000 210,400 - - - - Minors 205 205 Total Lots 363 338 Total Acres 999202 90405 Valid Lots 11,745 Adjustments 199 added , 69 removed never developed or recorded 6 Manager Reports and Comments A Annual Work Session Scheduled The Board set March 19 , 2019 as the date for the annual work session with the exact time and location to be determined B Ambulance Purchase Contract Extension Per the recommendation of staff , upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Larry Wood , and carried unanimously , the Board voted to extend the contract between the County and Northwestern Emergency Vehicles , Inc to extend the contract for purchase of ambulances and equipment an additional year Page1626 February 4 , 2019 – 6 00 pm Continued 7 Board Reports and Comments None 8 NC Stop Torture Now Mr Charles Fager ,