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

10 664 Meeting of the Johnston County Board of Commissioners March 4 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 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 Johnston County Schools – Grant Funding for School Resource Officers Johnston County Schools Superintendent Dr Ross Renfrow reported the North Carolina General Assembly has allocated grant funds that school systems can apply for to help place more School Resource Officers in schools He stated the grant funds must be matched dollar for dollar Dr Renfrow stated Johnston County Schools sees this as an opportunity to put School Resource Officers in all the middle schools , and they have been working with Johnston County Sheriff Steve Bizzell on this opportunity to increase safety He reported they applied for a grant and received funds in the amount of 369,663 in the first year which is renewable for a second year Dr Renfrow stated he has been assured by the elected officials in Raleigh that these grant funds will remain available after the initial two years Dr Renfrow reported they have already placed School Resource Officers in four middle schools this year Benson , Clayton , Four Oaks , and Riverwood Middle Schools through partnerships with municipalities and they are now requesting the Board to allocate funding in the amount of 120,820 in order to place officers in the remaining middle schools , per the following FY 2019 - 2020 Johnston County Schools Partial Grant Funding for seven 7 middle School Resource Officers Deputy Sheriffs CLEVELAND MIDDLE SWIFT CREEK MIDDLE MCGEES MIDDLE ARCHER LODGE MIDDLE MEADOW MIDDLE NORTH JOHNSTON MIDDLE SELMA MIDDLE Deputy Sheriff Positions New Hire Salary 42,806 yr each + 22,454 ea fringe benefits incl health insurance 65,260 yr each - 48,000 Grant Funding Each Difference 17,260 ea x 7 120,820 PER YEAR At the inquiry of Commissioner Chad M Stewart , Dr Renfrow stated if the request is approved , School Resources Officers would then be positioned at all high schools and all middle schools in the County Sheriff Steve Bizzell spoke in support of the request , stating the # 1 priority is public safety and within public safety , the safety of our children in schools comes first Sheriff Bizzell stated he believes it is our duty to place School Resource Officers in the middle schools Commissioner Chad M Stewart moved to approve the annual allocation of 120,820 to place School Resource Officers in the seven remaining middle schools Commissioner Patrick E Harris seconded the motion which carried by unanimous vote Page665 March 4 , 2019 – 6 00 pm Continued 2 Proclamation – Girl Scouts Week March 11 - 15 , 2019 Ms Angela Smith , Membership Director for the Girl Scouts North Carolina Coastal Pines , asked the Board to consider adopting a proclamation for Girl Scouts Week – March 11 - 15 , 2019 She offered to answer any questions Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Larry Wood , and carried unanimously , the Board adopted the following proclamation A Proclamation on the Importance of the All - Girl Space Offered by Girl Scouts WHEREAS , the year 2019 marks the 107th anniversary of Girl Scouts of the USA , the largest and most successful leadership program for girls in the world ; and WHEREAS , Girl Scouts unleashes the GIRL Go - getter , Innovator , Risk - taker , Leader ™ in every girl , preparing her for a lifetime of leadership ; and WHEREAS , Girl Scouts combines time - tested , research - backed methods with exciting , modern programming that speaks to today’s girls and is designed to cater to the strengths of girls ’ leadership development ; and WHEREAS , Girl Scouts offers girls 21st century programming in science , technology , engineering , and math STEM ; the outdoors ; entrepreneurship ; and beyond , helping girls develop invaluable life skills and take the lead early and often ; and WHEREAS , as the world’s premier leadership development organization for girls , Girl Scouts welcomes girls of all backgrounds and interests who want to develop the courage , confidence , and character to make the world a better place ; and WHEREAS , research shows that girls learn best in an all - girl , girl - led environment in which their specific needs are addressed and met ; and WHEREAS , the Girl Scout Gold Award , the highest and most prestigious award in Girl Scouting , calls on Girl Scouts in grades 9 to 12 to take on projects that have a measurable and sustainable impact on a community by first assessing a need , designing a solution , completing a project , and inspiring others to sustain it ; and WHEREAS , with more than 100 years of experience , Girl Scouts brings a wealth of knowledge to programs that deliver girls cornerstone experiences with benefits that last a lifetime ; and WHEREAS , today , more than 50 million women are Girl Scout alums , and 26 million girls and adults are current members NOW , THEREFORE , WE , the Johnston County Board of Commissioners , do hereby applaud the Girl Scout Movement and North Carolina Coastal Pines for providing girls with a safe , inclusive , all - girl space where they th th can hone their skills and develop leadership abilities , and declare the 11 - 15 of March 2019 to be “ Girl Scout Week ” in Johnston County , North Carolina th Adopted this the 4 day of March , 2019 3 Public Comment A NC Stop Torture Now Mr Charles Fager , representing NC Stop Torture Now , expressed concerns to the Board regarding rules adopted by the Johnston County Airport Authority that they believe could restrict peaceful protesting activities as well as infringe upon their First Amendment rights Mr Fager asked the Board to look into the matter and provided suggested amendments to the Airport Authority’s rules 4 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – February 22 , 2019 and March 1 , 2019 ; The Johnstonian News and The News in Review – February 20 and 27 , 2019 Certified letters were mailed to adjoining property owners on February 15 , 2019 Notices were posted at the locations on January 3 , 2019 for Cases 17 - 17 MOD , 18 - 24 , and 19 - 02 Page666 March 4 , 2019 – 6 00 pm Continued The Chairman opened the Special Use Hearing for Case 17 - 17 MOD Case 17 - 17 MOD Petition to modify the special use on 086 acres out of a 5381 acre tract located at 12100 NC Hwy 50 in Pleasant Grove Township currently zoned Community Business - Special Use District CB - SUD to allow for minor automotive repair in addition to the current special use Tax ID 13D03042B Owner Wayne Thomas Stephenson Applicant Danielle Stephenson and Carlos Piedrahita Those wishing to speak on Special Use Case 17 - 17 MOD were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to modify the special use permit to allow for minor automotive repair in addition to the current special use 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 17 - 17 MOD on November 29 , 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 January 15 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 17 - 17 MOD and made the following recommendations Upon a motion by Mr Letchworth to approve the modification for Rezoning Case 17 - 17 with the addition to the wording of condition # 1 as defined by the National Electric Code from 2017 and removing condition # 4 , seconded by Mr Creech , the th , 2019 Planning Board approved the modification for Rezoning Case 17 - 17 with a unanimous vote of 9 - 0 at the January 15 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 as to maintain or promote the public health , safety , and general welfare ; Applicant Using our knowledge and experience as automotive technicians , it is our desire to provide expert diagnostics and minor automotive repair and services Now as a used automotive dealer , in compliance with all established regulations and special conditions set by the Board , have developed an attractive and safe business property and we vow to maintain it as such 2 That the use of 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 We will comply with all the codes , ordinances , regulations , and practices that protect our patrons , employees , neighbors , and environment We understand that we are limited to no more than 8 vehicles at one time to be stored on the property and we plan on adhering to a stricter schedule of even less cars to maintain a neat and organized business property and to respect any neighbor concerns for “ junk yard ” appearances 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 As we requested we were kindly approved for rezoning to CB for automotive sales and reconditioning , now current customers and other potential customers are asking if we would maintenance or do minor repairs on their vehicles Service and repair seem to be in strong demand as we gain relations and trust with the community We have taken pride and care to enhance the property better than it was before , and we take pride in our business and our ability to graciously serve the community in this aspect 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 There are similar businesses or small automotive sales and repair shops in the area , as the County’s policies and intent we intend to emphasize the existing character of the area We strive to maintain the safety , welfare , and quality of life the community and customers through compliance with all set regulations , ordinances ,Page667 March 4 , 2019 – 6 00 pm Continued standards of design of land development and infrastructure , and by our own conduct Specific Land Uses APPLICANT To allow for automotive sales and reconditioning as well as minor automotive repair Special Use Conditions 1 Permitted Uses Automotive sales and reconditioning , as well as minor automotive repair as defined by the National Electric Code 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 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along NC Hwy 50 5 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Hours of operation shall be 7 00 AM to 7 00 PM , seven days a week 9 Limited to the storage and display of 30 vehicles for sale 10 10 ft of Right of Way shall be dedicated to NC Hwy 50 , per NCDOT 11 Building will need to be upgraded to follow the NC Fire Code rules for automotive repair shop They are going from a Business class occupancy to a F - 1 Factory Industrial repair garage 12 Limited to no more than eight 8 vehicles for repair stored overnight Items in bold were changes requested by Planning Board during the meeting Mr Newton reviewed the special use conditions with the Board Applicant Danielle Stephenson stated the site was approved for automotive sales approximately one year ago and they would like to add minor automotive repair to the use At the inquiry of Commissioner Tony Braswell , Ms Stephenson stated minor automotive repair is defined by the National Electric Code and that has been added to the special use conditions She provided the Board with examples of minor automotive repair and stated there would be no transmission repairs or engine overhauls 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 modification 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 listed in the summary of evidence At the inquiry of Chairman Ted G Godwin , Mr Newton stated there have been no objections or complaints from the surrounding property owners There being no further comments , the Chairman closed the Special Use Hearing for Case 17 - 17 MOD Decision on Special Use Case 17 - 17 MOD Case 17 - 17 MOD Petition to modify the special use on 086 acres out of a 5381 acre tract located at 12100 NC Hwy 50 in Pleasant Grove Township currently zoned Community Business - Special Use District CB - SUD to allow for minor automotive repair in addition to the current special use Tax ID 13D03042B Owner Wayne Thomas Stephenson Applicant Danielle Stephenson and Carlos Piedrahita Based on the following findings of facts and special use conditions as listed below , Commissioner Larry Wood moved to approve the special use modification for Case 17 - 17 MOD to add minor automotive repair to the special use on 086 acres out of a 5381 acre tract located at 12100 NC Hwy 50 in Pleasant Grove Township and currently zoned Community Business - Special Use District Commissioner Chad M Stewart 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 as to maintain or promote the public health , safety , and general welfare ; Using the knowledge and experience as automotive technicians , it is the applicant’s desire to provide expert diagnostics and minor automotive repair and services Now as a used automotive dealer , in compliance with all established regulations and special conditions set by the Board , have developed an attractive and safe business property and vow to maintain it asPagePage pageNumber5668 March 4 , 2019 – 6 00 pm Continued such 2 That the use of 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 ; Will comply with all the codes , ordinances , regulations , and practices that protect patrons , employees , neighbors , and environment Understands that operation is limited to no more than 8 vehicles at one time to be stored on the property and plan on adhering to a stricter schedule of even less cars to maintain a neat and organized business property and to respect any neighbor concerns for “ junk yard ” appearances 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 ; As requested and approved for rezoning to CB for automotive sales and reconditioning , now current customers and other potential customers are asking if applicant would provide maintenance or do minor repairs on their vehicles Service and repair seem to be in strong demand as applicant gains relations and trust with the community Has taken pride and care to enhance the property better than it was before , and takes pride in business and ability to graciously serve the community in this aspect 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 There are similar businesses or small automotive sales and repair shops in the area , as the County’s policies and intent applicant intends to emphasize the existing character of the area Strives to maintain the safety , welfare , and quality of life the community and customers through compliance with all set regulations , ordinances , standards of design of land development and infrastructure , and by our own conduct Specific Land Uses APPLICANT To allow for automotive sales and reconditioning as well as minor automotive repair Special Use Conditions 1 Permitted Uses Automotive sales and reconditioning , as well as minor automotive repair as defined by the National Electric Code 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 signage shall comply with the sign code limited to one 60sf ground or monument sign only 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 7 Hours of operation shall be 7 00 AM to 7 00 PM , seven days a week 8 Limited to the storage and display of 30 vehicles for sale 9 10 ft of Right of Way shall be dedicated to NC Hwy 50 , per NCDOT 10 Building will need to be upgraded to follow the NC Fire Code rules for automotive repair shop They are going from a Business class occupancy to a F - 1 Factory Industrial repair garage 11 Limited to no more than eight 8 vehicles for repair stored overnight The Chairman opened the Rezoning Hearing for Case 18 - 24 Tabled until April 1 , 2019 6 00 PM Meeting Case 18 - 24 Petition to rezone 172 acres located at 5154 Hwy 70 Business West in the Clayton Township from Agricultural Residential AR to General Business GB Tax ID 05G01198C Owner Thao Le Goodings , LLC Applicant Thao Le It was determined that the applicant was not present and no one in the audience wished to speak on the request 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 - 24 Rezoning Case 18 - 24 Tabled Case 18 - 24 Petition to rezone 172 acres located at 5154 Hwy 70 Business West in the Clayton Township from Agricultural Residential AR to General Business GB Tax ID 05G01198C Owner Thao Le Goodings , LLC Applicant Thao Le Commissioner Chad M Stewart moved the Board table Case 18 - 24 until the April 1 , 2019 6 00 pm meeting Commissioner Larry Wood seconded the motion which carried by unanimous vote The Chairman reopened the Rezoning Hearing for Case 19 - 02 PagePage pageNumber6669 March 4 , 2019 – 6 00 pm Continued Case 19 - 02 Petition to rezone 92 acres located at 1856 Hannah Creek Rd in the Banner Township from Agricultural Residential AR to General Business GB Tax ID 01G11099A Owner Jeffrey Adams Jerry Adams Applicant Jody Dale Lee It was determined that the applicant was not present ; however , there were members of the audience that wished to speak Planning Director Braston Newton stated the petition is to rezone 92 acres located at 1856 Hannah Creek Road in the Banner Township from Agricultural Residential to General Business 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 Timmy McLamb , 7552 Hwy 96 South , Benson , spoke in opposition to the request Mr McLamb stated he owns the surrounding property and he feels the requested zoning of General Business with no special use permit is too broad of a use for the subject site 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 closed the Rezoning Hearing for Case 19 - 02 Decision on Rezoning Case 19 - 02 Case 19 - 02 Petition to rezone 92 acres located at 1856 Hannah Creek Rd in the Banner Township from Agricultural Residential AR to General Business GB Tax ID 01G11099A Owner Jeffrey Adams Jerry Adams Applicant Jody Dale Lee Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and deny the rezoning request for Case 19 - 02 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 02 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 01G11099A located at 1856 Hannah Creek Road , Benson as shown on the attached Exhibit A , from Agricultural Residential to General Business 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 inconsistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The area is not within a commercial activity node and the neighboring zoning is Agricultural Residential PagePage pageNumber7670 March 4 , 2019 – 6 00 pm Continued 2 This Board finds and determines that it is not reasonable and not in the public interest to adopt the proposed amendment because a The area is surrounded by residential and agricultural uses , and is not compatible with the existing uses 3 This Board denies the proposed zoning amendment from Agricultural Residential to General Business Adopted this the 4th day of March , 2019 5 Public Hearing – Ordinance Amendment to the Land Development Code Advertised – The News & Observer Friday Zone Edition – February 22 , 2019 and March 1 , 2019 ; The Johnstonian News and The News in Review – February 20 and 27 , 2019 The Chairman opened the public hearing for the purposes of receiving public comment and discussion on proposed amendments to the Johnston County Code of Ordinances Chapter 14 Planning Director Braston Newton reviewed the following proposed amendments with the Board Sec 14 - 75 Agricultural - residential district AR c Special use districts For the agricultural - residential district , the following special use districts are established as a parallel special use district , pursuant to GS 153A - 340 Under each special use district the uses listed may be established only after issuance and recordation of a special use permit in accordance with the procedures and conditions specified in article IV of this chapter 12 Two Family Dwellings Duplex and Two Unit Townhouse meeting or exceeding the requirements of Section 14 - 75 12 & 13 with a density greater than 15 units per acre These developments should be served by sewer and located within the Sewer Service Areas 13 12 Subdivisions that request residential sewer service of up to 15 dwelling units per acre that are contiguous or immediately adjacent to existing residential development with public sewer service and must be able to be served by construction of new gravity lines no new pump station required which will be tributary to existing sewer infrastructure Sec 14 - 77 - Residential - mobile home park district R - MHP d Permitted uses The following uses are permitted as a principal use in a resort residential residential - mobile home park district 1 An individual mobile home that utilizes a public water and sewer system at a density of four 15 dwelling units per acre based on the gross net usable land of the mobile home park ; or 2 An individual mobile home that utilized utilizes a public water system and septic tank at a density of three 15 dwelling units per acre based on the gross net usable land area of the mobile home park Note Net usable land area excludes floodplains , right of ways , wetlands and riparian buffers Sec 14 - 257 – Standards Add new section j , below j Multifamily Dwellings 1 Intensity regulations a Interstate Highway Interchange Multifamily residential development is permitted at a density of eight dwelling units per acre of gross land area 2 Use requirements a The minimum building setback shall be 1 From a perimeter arterial or collector , 70 feet Perimeter means any street existing at the time of approval of the planned development that is outside , adjacent , or internal to remain to the planned development 2 From a local street , 50 feet 3 From any property line adjacent to any commercial or industrial zoning district , 20 feet 4 From any property line adjacent to a residential zoning district , 20 feet 5 From any other structure , 10 feet b The maximum building height limit shall be 50 feet c Landscaping and buffering shall be in accordance with Johnston County Design Manual , Section 6 and the following 1 Landscape area “ Type B ” shall be provided along all arterial or collector streets d Parking and off - street loading shall be in accordance with Johnston County Design Manual , Section 2 and the following PagePage pageNumber8671 March 4 , 2019 – 6 00 pm Continued 1 Parking and loading uses shall not be permitted within 50 feet from the right - of - way line of an arterial street or collector street , 20 feet of a local street , or within 10 feet of any interior lot line 2 From any access easement , 15 feet e Sidewalks shall be a minimum of five - foot - wide ADA compliant provided along all parking areas , to all residential buildings , and to all common amenities f Amenities shall be provided such as playgrounds , picnic shelters , walking trails , and other like improvements to enhance common space Amenities shall be indicated in detail on the development drawings g Dumpsters shall be enclosed with a fence of like materials as those used to construct the residential buildings Dumpster enclosures shall be affixed with a gate and , shall be ADA compliant Sec 14 - 89 – Table of permitted residential uses Mr Newton stated the Planning Board recommends approval of the proposed amendments He noted that the amendments within Section 14 - 257 were discussed at previous stakeholders meetings dating back to 2016 Mr Newton stated one of the major components of the proposed amendment is a reduction in the density for multi - family from 15 dwelling units per acre to 8 dwelling units per acre Mr Newton explained that staff has proposed 8 dwelling units per acre after researching densities within similar counties ; however , that can be adjusted at the Board’s discretion Chairman Ted G Godwin asked for the definition of multi - family Mr Newton responded that multi - family is defined as apartments or anything greater than two connected residential dwellings under single ownership Commissioner Tony Braswell asked if the Board would be looking at a revision regarding the open space fee Mr Newton stated the open space fee is included within the Planning Department’s fee schedule and staff plans to ask the Board to discuss that during the upcoming work session Donald Maynard , 7025 Cleveland School Road , Garner , expressed his concerns to the Board regarding the proposed amendments Mr Maynard stated by reducing the density for multi - family to eight units it could create more sprawl and as the County continues to grow , it could cause housing options to become more expensive Mr Maynard stated the reduced density also will not allow developers to have a profitable yield on their investments , noting that he currently has a contract which could be in jeopardy if the amendment is approved Mr Maynard asked the Board to set a higher density and then instruct the Planning Board to work with the Planning staff on workable solutions Commissioner Chad M Stewart asked if Mr Maynard has already started development of his property and if so , would the amendment affect that development Mr Newton reported that Mr Maynard has a private contract for development that would be affected if the amendment were approved He further reported that Mr Maynard’s property is currently zoned Agricultural Residential and went to the Planning Board as a request to be included within the Interstate Highway District overlay Mr Newton stated the Planning Board recommended denial of the request because the property was not contiguous to the current Interstate Highway Interchange district boundary , which is a 3,000 ft radius from the center of the interchange Mr Newton stated when the Planning Board recommended denial Mr Maynard chose to withdraw the rezoning request from going to the Board of Commissioners Commissioner Butch Lawter stated , for full disclosure purposes , that his employer WithersRavenel is currently contracting with Mr Maynard for the engineering design of his proposed development Wade Corbett , 104 Airport Industrial Drive , Clayton , expressed his concerns that although Mr Newton mentioned stakeholders meetings were held , to his knowledge , he was not aware of a meeting held to discuss thePagePage pageNumber9672 March 4 , 2019 – 6 00 pm Continued proposed amendments Mr Corbett stated as density is decreased , it will create urban sprawl because a lower density requires more land for development which in turn affects the affordability of housing options Mr Corbett stated it is worth noting that when the Farm Bureau of Johnston County appeared before the Board earlier this year , they stated that farmers prefer a higher density Mr Corbett stated he knows there are concerns with traffic congestion and school overcrowding ; however , the reality of it is those issues will continue regardless of the density requirements Mr Corbett stated the County will always be catching up as long as the County is growing Mr Corbett reiterated his main concern is that he believes the stakeholders were not consulted regarding the amendments There being no further comments , the Chairman closed the public hearing Mr Newton clarified that the stakeholders meetings he referenced were held in 2016 2017 and staff does have records of those meetings He stated staff has not held another meeting since that time on the amendments Commissioner Stewart commented that the Board did want to hear from the public regarding growth concerns and the Board of Commissioners as well as the Planning Board have been discussing options that would hopefully work for everyone , but it was his thought that these specific proposed amendments were considered to be minor and only a beginning point County Manager Rick Hester agreed that it was thought these first proposed amendments were not as intense as other things that could be considered later on At the request of Commissioner Lawter , Mr Newton listed the areas in the County that have the Interstate Highway Interchange zoning overlay Decision Commissioner Chad M Stewart moved the Board adopt the proposed amendments to the Johnston County Code of Ordinances , Chapter 14 , as listed below Commissioner Butch Lawter seconded the motion , which carried unanimously Sec 14 - 75 Agricultural - residential district AR c Special use districts For the agricultural - residential district , the following special use districts are established as a parallel special use district , pursuant to GS 153A - 340 Under each special use district the uses listed may be established only after issuance and recordation of a special use permit in accordance with the procedures and conditions specified in article IV of this chapter 12 Two Family Dwellings Duplex and Two Unit Townhouse meeting or exceeding the requirements of Section 14 - 75 12 & 13 with a density greater than 15 units per acre These developments should be served by sewer and located within the Sewer Service Areas 13 12 Subdivisions that request residential sewer service of up to 15 dwelling units per acre that are contiguous or immediately adjacent to existing residential development with public sewer service and must be able to be served by construction of new gravity lines no new pump station required which will be tributary to existing sewer infrastructure Sec 14 - 77 - Residential - mobile home park district R - MHP d Permitted uses The following uses are permitted as a principal use in a resort residential residential - mobile home park district 1 An individual mobile home that utilizes a public water and sewer system at a density of four 15 dwelling units per acre based on the gross net usable land of the mobile home park ; or 2 An individual mobile home that utilized utilizes a public water system and septic tank at a density of three 15 dwelling units per acre based on the gross net usable land area of the mobile home park Note Net usable land area excludes floodplains , right of ways , wetlands and riparian buffers Sec 14 - 257 – Standards Add new section j , below j Multifamily Dwellings 1 Intensity regulations Page0673 March 4 , 2019 – 6 00 pm Continued a Interstate Highway Interchange Multifamily residential development is permitted at a density of eight dwelling units per acre of gross land area 2 Use requirements a The minimum building setback shall be 1 From a perimeter arterial or collector , 70 feet Perimeter means any street existing at the time of approval of the planned development that is outside , adjacent , or internal to remain to the planned development 2 From a local street , 50 feet 3 From any property line adjacent to any commercial or industrial zoning district , 20 feet 4 From any property line adjacent to a residential zoning district , 20 feet 5 From any other structure , 10 feet b The maximum building height limit shall be 50 feet c Landscaping and buffering shall be in accordance with Johnston County Design Manual , Section 6 and the following 1 Landscape area “ Type B ” shall be provided along all arterial or collector streets d Parking and off - street loading shall be in accordance with Johnston County Design Manual , Section 2 and the following 1 Parking and loading uses shall not be permitted within 50 feet from the right - of - way line of an arterial street or collector street , 20 feet of a local street , or within 10 feet of any interior lot line 2 From any access easement , 15 feet e Sidewalks shall be a minimum of five - foot - wide ADA compliant provided along all parking areas , to all residential buildings , and to all common amenities f Amenities shall be provided such as playgrounds , picnic shelters , walking trails , and other like improvements to enhance common space Amenities shall be indicated in detail on the development drawings g Dumpsters shall be enclosed with a fence of like materials as those used to construct the residential buildings Dumpster enclosures shall be affixed with a gate and , shall be ADA compliant Sec 14 - 89 – Table of permitted residential uses 6 Planning Activity Report Planning Director Braston Newton presented the following Planning Activity Report for the month of February 2019 Monthly Activity Report – February 2019 CPB REZONINGS Proposed for February 2019 Special Use Straight Zoning Totals Approved 2019 Cases 2 1 3 2 Total Acres 13517 1391 14908 258 SUBDIVISIONS Approved columns are through previous month Approved Approved 2019 2018 Proposed Re - submittals Major Subdivisions 5 5 8 - - - - Total Lots 179 155 229 - - - - Total Acres 181024 21888 335973 - - - - Open Space Acres 00 2972 272 - - - - Fee - in - Lieu 71,600 19,600 52,800 - - - - Minors 14 15 Total Lots 26 25 Total Acres 74203 5138 Valid Lots 11,770 Adjustments 179 added , 154 removed never developed or recorded Page1674 March 4 , 2019 – 6 00 pm Continued 7 Manager Reports and Comments None 8 Board Reports and Comments th The Board briefly mentioned topics to be discussed at the March 19 work session being held at the Johnston County Airport Staff reported a draft agenda is in the works Commissioner Butch Lawter thanked the people of the McLemore Fire District for attending the recently held community meetings at the Cleveland High School regarding a proposal to create a recreation tax district Commissioner Lawter stated he appreciated everyone attending and providing their feedback There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The meeting adjourned at 7 05 pm Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage