April 1, 2019 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 738 Meeting of the Johnston County Board of Commissioners April 1 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , April 1 , 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 Commissioner Chad M Stewart announced for anyone attending the meeting regarding a possible discussion about wildlife ordinances , that topic has been postponed at this time 1 Resolution Honoring Carl Lamm Chairman Ted G Godwin called Mr Carl Lamm and his family to the podium and stated the Board has prepared a resolution honoring Mr Lamm Chairman Godwin read the following resolution aloud for the audience Resolution of Honor CARL EDWARD LAMM WHEREAS , Carl Edward Lamm , known as America’s longest continuous radio broadcaster , officially signed off the air on March 29 , 2019 after 72 outstanding years ; and WHEREAS , Mr Lamm was born in Spring Hope , North Carolina before ultimately making Johnston County his home and dedicating his life and career to serving his community and making Johnston County a better place to live , work , and raise a family ; and WHEREAS , in addition to his long career as a radio broadcaster , Mr Lamm honorably served his country in the United States Naval Reserves ; and WHEREAS , Mr Lamm , a member of the North Carolina Association of Broadcasters ’ Hall of Fame , has received numerous accolades throughout his career , including the North Carolina Sports Broadcaster of the Year , Smithfield - Selma Chamber of Commerce Distinguished Citizen of the Year , Johnston County Living Legend Award , and North Carolina’s highest civilian honor , the Order of the Long Leaf Pine ; and WHEREAS , 350,000 has been raised for local charities during Rotary Radio Day , and hundreds of thousands more dollars have been raised for local churches and nonprofits as giving back to his community is of the utmost importance to him ; and WHEREAS , Mr Lamm has said “ it’s been a passion to entertain people ” and all those that have heard his broadcasts throughout the years will certainly miss his familiar voice and steadfast presence over the air NOW , THEREFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners does hereby congratulate Carl Edward Lamm for 72 years of radio broadcasting and entertaining the people ; andPage739 April 1 , 2019 – 6 00 pm Continued BE IT FURTHER RESOLVED , that this Resolution shall be spread upon the minutes of the Johnston County Board of Commissioners honoring Carl Edward Lamm for his dedicated commitment and support to the citizens of Johnston County st Adopted this the 1 day of April , 2019 Commissioner Patrick E Harris moved the Board adopt the foregoing resolution , seconded by Commissioner Larry Wood , and carried unanimously The Board presented a framed copy of the resolution to Mr Lamm Mr Lamm thanked the Board for the resolution and recognized his family members in the audience for their support to him Mr Lamm stated he is the oldest continuous serving broadcaster in the United States and this has been made possible by his Heavenly Father , his loving family , and a loving community that has supported him throughout the years 2 Resolution Naming the Timothy G Broome Water Treatment Plant Chairman Ted G Godwin called the family of former Johnston County Utilities Director Timothy G Broome to the podium Chairman Godwin stated the Commissioners held a moment of silence at the morning meeting in memory of Mr Broome who passed away over the weekend He stated Mr Broome was a very accomplished engineer and highly thought of by many people Chairman Godwin read aloud the following resolution naming the Timothy G Broome Water Treatment Plant RESOLUTION NAMING THE TIMOTHY G BROOME WATER TREATMENT PLANT WHEREAS , Timothy G Broome , PE began his professional career in water and wastewater in 1968 In 1974 , he moved to Johnston County to work with Ragsdale Engineers , which later became part of McKim & Creed In 1997 , Timothy G Broome began work with Johnston County as the Director of Infrastructure and Engineering Since his retirement in 2013 , he continued to provide technical consulting to the County ; and WHEREAS , Timothy G Broome passionately worked to develop and improve the public water , sewer and solid waste infrastructure , promoting public health and economic development in Johnston County for forty - five 45 years ; and WHEREAS , during his time serving Johnston County , Timothy G Broome was well known for promoting public water throughout Johnston County , including the original design and subsequent expansions and improvements of the Johnston County Water Treatment Plant ; and WHEREAS , Johnston County’s existing water treatment plant , originally constructed in 1996 , is evidence of Timothy G Broome’s legacy as it provides a supply of treated public water to residents throughout the County ; and WHEREAS , it is both fitting and deserving that Timothy G Broome be remembered through the naming of the County’s water treatment plant due to his efforts , accomplishments and passion for providing a safe clean water supply to residents of Johnston County NOW THEREFORE , BE IT RESOLVED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS , that the “ Johnston County Water Treatment Plant ” shall be renamed as the “ Timothy G Broome Water Treatment Plant ” st Adopted this the 1 day of April , 2019 Commissioner Chad M Stewart moved the Board adopt the foregoing resolution , seconded by Commissioner Patrick E Harris , and carried unanimously The Board presented a framed copy of the resolution to Mr Broome’s children , Dan Broome and Angie Fortier Page740 April 1 , 2019 – 6 00 pm Continued Ms Fortier thanked the Board for the resolution and stated her father put his life into working for his community and they are very proud of the honor County Manager Rick Hester spoke on the accomplishments of Mr Broome through the creation and expansion of the County’s water system stating it now consists of over 35,000 customers Mr Hester expressed his appreciation for Mr Broome’s dedication noting that Mr Broome was working for the County right up until his passing Mr Hester stated Mr Broome was a great friend to all and he will be missed 3 Miss Johnston County and Miss Johnston County Outstanding Teen The Board welcomed the 2019 Miss Johnston County and Miss Johnston County Outstanding Teen to the meeting Miss Johnston County Caroline Haller introduced herself and stated she is currently attending East Carolina University studying accounting and she is very grateful to represent her home county in the upcoming Miss North Carolina Pageant Miss Haller stated her platform is titled “ Find a Happy Place – Supporting Good Mental Health ” Miss Haller reported she suffered from anxiety and depression as a freshman in college and she decided then to take her circumstance and use it to help others Miss Haller spoke further on the platform and steps she has taken to promote awareness She stated when speaking with community groups , particularly younger audiences , she talks about the importance of emotional health and noted she has reached over 2,000 people with her message to date Miss Haller thanked the Board for their support and stated the Miss North nd Carolina Pageant will be held on June 22 Miss Johnston County Outstanding Teen Yancie Mitchell addressed the Board and stated she attends East Wake High School Miss Mitchell spoke on her platform which is titled “ Operation LEAP ” Leadership , Education , Arts , and Passion Miss Mitchell stated she created this platform to target children that have free and reduced lunch in schools noting there are over 47 of children in Johnston County that receive free and reduced lunch Miss Mitchell spoke on her work with students and stated it has been proven that students who have access to the arts are more successful Miss Mitchell stated it is her passion for everyone to have equal opportunities to high quality learning both in and out of the classroom She thanked the Board for their support The Commissioners commended Miss Haller and Miss Mitchell for their platforms and wished them well as they represent Johnston County 4 Public Comment None 5 Mountains to Sea Trail – Memorandum of Agreement County Attorney Jennifer Slusser presented a draft memorandum of agreement between Johnston County and the North Carolina State Parks for the Mountains to Sea Trail Ms Slusser stated staff has been working through the document for some time now and recommends the Board consider approving the agreement North Carolina State Parks Regional Trails Specialist Smith Raynor was also present for questions Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Butch Lawter , and carried unanimously , the Board approved the memorandum of agreement as follows MEMORANDUM OF AGREEMENT BETWEEN JOHNSTON COUNTY AND THE STATE OF NORTH CAROLINA , DEPARTMENT OF NATURAL AND CULTURAL RESOURCES , DIVISION OF PARKS AND RECREATION CONCERNING THE MOUNTAINS - TO - SEA STATE TRAIL This Memorandum of Agreement the “ Agreement ” is made effective as of the date of the last signature hereto the “ Effective Date ” , between Johnston County the “ County ” and the North Carolina Department of Natural and Cultural Resources “ DNCR ” and , together with the County , the “ Parties ” , on behalf of the Division of State Parks and Recreation the “ Division ” Page741 April 1 , 2019 – 6 00 pm Continued WHEREAS , the State of North Carolina the “ State , has authorized the Mountains - to - Sea State Trail the “ Trail ” as a unit of the State Parks System and a component of the State Trails System administered by the Division ; and WHEREAS , a state trail is linear in scope and is planned , acquired , developed and managed in a partnership among local governments , other state and federal agencies , private landowners , and the Division ; and WHEREAS , the Trail is envisioned as a continuously connected off - road trail that crosses North Carolina , with individual sections of trail designed , built , maintained and managed by the local sponsors of each section ; and WHEREAS , the Trail is a recreational resource of statewide significance that provides economic , health , environmental , and transportation benefits ; and WHEREAS , the County has agreed to sponsor a section of the Trail between Clayton and Smithfield , and will be responsible for design , construction , maintenance and management of the trail within their section , including its location , appearance , surface , uses and amenities WHEREAS , the Connect NC Bond includes funding for land acquisition for the Trail and other state trails ; and WHEREAS , the State has agreed to partner with the County to encourage , assist and promote the completion of the Trail ; NOW , THEREFORE , the Parties hereto mutually agree 1 The State agrees to allocated funding , as available , from the funds allocated to the Division from the Connect NC Bond for acquisition of land tracts for the Trail in JOHNSTON COUNTY Tracts may be acquired only from willing sellers , either in fee simple or as easements Tracts to be acquired will be consistent with the Division - approved trail plan and will be selected by mutual agreement of the Parties 2 The State will purchase the agreed - upon tracts using bond funding , subject to all applicable State requirements for review and approval of real estate transactions and availability of funding Contingent upon approval of the North Carolina Council of State , the State will lease the tracts to the County , in a separate written lease agreement signed by the Parties the “ Lease ” , for a term of thirty 30 years for a consideration of one dollar 1 for the term of the Lease 3 The County agrees to construct and maintain a safe and usable section of the Trail upon the area covered by the Lease , in accordance with the terms of the Lease and all applicable federal , State and local standards and regulations The County shall be responsible for securing any and all necessary federal , state , and local permits , licenses , or similar necessary documentation prior to beginning work on the Trail and agrees to make them available upon request by the State The County may , with approval from the Division and in accordance with the terms of the Lease , construct and maintain other recreational amenities associated with the Trail , such as parking , restrooms , picnicking facilities , river access , or other similar facilitates The Parties understand that the County’s obligations under this MOA , including all design , construction , maintenance and management by the County , shall be undertaken by the County on a schedule determined by the County and subject always to available funding , in the County’s sole discretion Notwithstanding the foregoing , the County will coordinate with the Division to ensure completion and proper maintenance and management of the Project in a timely manner which upholds the spirit of the Project 4 The selection and approval of the layout of the Trail within the section leased by the County will be the primary responsibility of the County If requested , the State may assist the County with trail layout activities as availability of State personnel allows The County may seek and utilize assistance from volunteers , other local governments , and any other partners as appropriate and in accordance with the terms of the Lease Upon application by the County , the State will be responsible for the official designation of completed Trail sections , consistent with all applicable State standards and regulations 5 There will be no exchange of funds between the Parties or obligation to compensate the other party or its agents , subcontractors , successors or assigns for work performed on or in association with the Trail without an extension of this Agreement or a separate written agreement signed by the Parties 6 The State and the County agree to coordinate closely and to meet as needed to discuss matters of mutual concern affecting the acquisition , planning , construction , maintenance and management of the Trail 7 Nothing in this Agreement shall affect or interfere with fulfillment of the obligations and rights of the Parties hereto to manage the lands and programs administered by them in accordance with their other basic land management responsibilities 8 Each party agrees that it will not be responsible or liable for the acts or omissions of the other party and the results thereof Except as specified herein , nothing in this Agreement shall be construed as an indemnification by one party of the other for liabilities to third persons for damages , loss or injuries , including death , to persons and or property arising out of and during the completion of the activities contemplated herein or during performance of this Agreement Any liability or claim for property loss , property damage , personal injury or wrongful death , against a party or its officers , employees or agents , arising out of and during the performance of this Agreement , shall be resolved according to North Carolina law exclusive of its choice of law principles PagePage pageNumber5742 April 1 , 2019 – 6 00 pm Continued 9 Either party may terminate this Agreement by providing sixty 60 days written notice to the other party Unless terminated as provided herein , this Agreement will remain in force for a period of five 5 years from the Effective Date 10 This Agreement shall not be amended orally or by performance This Agreement may only be amended by a written amendment duly executed by the Parties 11 To the extent required by law , the State Auditor and the Department’s Internal Auditors shall have access to persons and records as a result of all agreements , contracts or grants entered into by State Agencies or political subdivisions , including this Agreement , in accordance with NCGS § 147 - 647 12 The failure to enforce or the waiver by the Parties of any right or an event of breach or default on one occasion or instance shall not constitute the waiver of such right , breach or default on any subsequent occasion or instance 13 If any provision of this Agreement shall be held invalid , the other provisions hereof shall not be affected thereby and shall remain in full force and effect 14 This Agreement is made under and shall be governed and construed in accordance with the laws of the State of North Carolina The Parties agree that the proper venue of this Agreement , its situs and forum , shall be Wake County , North Carolina , where all matters , whether sounding in contract or tort , relating to the validity , construction , interpretation , and enforcement of this Agreement shall be determined The Parties agree and submit , solely for matters relating to this Agreement , to the jurisdiction of the courts of the State of North Carolina 15 This Agreement , any exhibits and attachments affixed hereto , and any documents specifically incorporated by reference represent the entire agreement of the Parties as to the subject matter hereof There are no promises , terms , conditions , or obligations other than those contained in this Agreement , and this Agreement shall supersede all previous communications , representations , or agreements between the Parties as to the subject matter hereof Any previous agreement , understanding , representation or covenant that may have existed between the Parties as to the subject matter hereof , of any kind , nature or description , expressed or implied , oral or written , which has not been set forth in this Agreement , is of no effect and shall not be considered in the interpretation of this Agreement IN WITNESS WHEREOF , the Parties hereto have executed this Agreement as of the date of the last signature below 6 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – March 22 and 29 , 2019 ; The Johnstonian News and The News in Review – March 20 and 27 , 2019 Certified letters were mailed to adjoining property owners on March 18 , 2019 Notices were posted at the locations on December 31 , 2018 for Case 18 - 24 ; and January 31 , 2019 for Cases 19 - 04 and 19 - 06 It was determined that the applicant was not present for Case 18 - 24 ; therefore , it was the consensus of the Board to table it until the end of the meeting to allow additional time for the applicant to attend The Chairman opened the Rezoning Hearing for Case 19 - 04 Case 19 - 04 Petition to rezone 1391 acres of a 2081 acre tract located at 5266 Cornwallis Rd in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 05E01002C Owner Glen Ford Sr Living Trust - Glen Ford Jr Trustee Applicant Brown Group Inc Planning Director Braston Newton stated the petition is to rezone 1391 acres of a 2081 acre tract located at 5266 Cornwallis Road in the Cleveland 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 ; General Business and used for various businesses ; General Business – Special Use District and used for gas station convenience store , auto sales , and gas station restaurant ; and Community Business and used as a plumbing business 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 This area is also located in a community center commercial activity node Matt Lowder , Triangle Site Design , spoke on behalf of the applicant and stated he is the civil engineer for the project Mr Lowder offered to answer any questions Upon a question by Chairman Ted G Godwin , Mr Lowder stated they have been working with the North Carolina Department of Transportation regarding traffic improvements in the area PagePage pageNumber6743 April 1 , 2019 – 6 00 pm Continued Commissioner Tony Braswell asked what type of businesses are proposed Mr Lowder responded there are some tenants in mind but no decisions have been made as of yet 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 At the request of Commissioner Jeffrey P Carver , Mr Newton briefly reviewed the types of businesses allowed under the General Business zoning classification Mr Newton reported there are other General Business zonings in the area At the inquiry of Commissioner Butch Lawter , Mr Newton reviewed the setbacks requirements within the General Business zoning classification There being no further comments , the Chairman recessed the Rezoning Hearing for Case 19 - 04 Decision on Rezoning Case 19 - 04 Case 19 - 04 Petition to rezone 1391 acres of a 2081 acre tract located at 5266 Cornwallis Rd in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 05E01002C Owner Glen Ford Sr Living Trust - Glen Ford Jr Trustee Applicant Brown Group Inc Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 04 Commissioner Tony Braswell seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 04 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 05E01002C located at 5266 Cornwallis Road , as shown on the attached Exhibit A , from Agricultural Residential to General Business ; and WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County In addition , this site is located within a “ neighborhood - center activity node ” which denotes an area in which commercial uses are suitable 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because PagePage pageNumber7744 April 1 , 2019 – 6 00 pm Continued a The General Business zoning is compatible with area land uses and zoning , which include multiple businesses and commercial zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business GB st Adopted this the 1 day of April , 2019 The Chairman reopened the Rezoning Hearing for Case 19 - 06 Case 19 - 06 Petition to rezone 575 acres of a 3404 acre tract located at 525 Eatmon Rd in the O’Neals Township from Agricultural Residential AR to Community Business - Special Use District CB - SUD Tax ID 11L03022 Owner Jose C Gonzalez Applicant Edgar Gonzalez Planning Director Braston Newton stated the petition is to rezone 575 acres of a 3404 acre tract located at 525 Eatmon Road in the O’Neals Township from Agricultural Residential to Community Business - Special Use District He noted the special use associated with the rezoning is to allow for outdoor recreation Mr Newton stated the site is currently used for residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential uses as well as Industrial 1 – Special Use District and used for an auto garage 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 Zuri Gonzalez , representing Applicant Edgar Gonzalez , stated they would like to operate a paintball field on the site Ms Gonzalez reviewed a layout of the property with the Board and their plans for the paintball field She stated a special netting type fence would be used that would not allow paintballs to pass through and the paintballs are non - toxic and water soluble which would not harm the environment At the inquiry of Commissioner Larry Wood , Ms Gonzalez stated the forts for the paintball field would be made of pallets and other types of materials Phillip White , 130 Eatmon Road , spoke in opposition to the request Mr White stated approximately six years ago , the same site was proposed for a similar use and he along with his neighbors spoke in opposition to that request Mr White stated their concerns have not changed and he feels there will be problems with increased traffic and security Mr White stated this is a quiet and peaceful area and they would like to keep it that way Donnie Wayne Temple , 365 Eatmon Road , spoke in opposition to the request Mr Temple expressed concerns regarding increased traffic and how that would affect the dead - end road Mr Temple also stated his neighbors walk along the road and they would like to keep their peaceful neighborhood Mr Temple also expressed concerns with the paintballs and if they could affect the neighboring creek Kevin Tharrington , 439 Eatmon Road , agreed with Mr White and Mr Temple and stated he has concerns with the increased traffic from customers visiting the site Mr Tharrington stated he is opposed and he asked the Board to deny the request Kenneth Jones , 369 Eatmon Road , expressed concerns with the proposed paintball operation stating such operations have a lot of liability and he feels there are other places in the County more suitable Mr Jones stated they are concerned with having the commercial use in a residential area and he asked the Board to deny the request Mr Jones stated he is familiar with the paintballs and they do stain their surroundings Mr Tharrington readdressed the Board and expressed his concerns that Eatmon Road already has a litter problem , which he feels could become worse with the proposed use Applicant Edgar Gonzalez addressed the Board and stated the paintball field would only be in operation on the weekends Mr Gonzalez stated the closest paintball operations are in Angier and Durham At the inquiry of Chairman Ted G Godwin , Mr Gonzalez stated there could be as many as 15 people on each paintball team at the site at one time There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber8745 April 1 , 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 Commissioner Butch Lawter stated he does not feel this is a compatible use with the surrounding Agricultural Residential area There being no further comments , the Chairman recessed the Rezoning Hearing for Case 19 - 06 Decision on Rezoning Case 19 - 06 Case 19 - 06 Petition to rezone 575 acres of a 3404 acre tract located at 525 Eatmon Rd in the O’Neals Township from Agricultural Residential AR to Community Business Special Use District CB - SUD Tax ID 11L03022 Owner Jose C Gonzalez Applicant Edgar Gonzalez Commissioner Butch Lawter moved the Board adopt the following Statement of Consistency Resolution and deny the rezoning request for Case 19 - 06 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 06 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 11L03022 located at 525 Eatmon Road , Zebulon as shown on the attached Exhibit A , from Agricultural Residential District to Community Business - Special Use District 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 approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to deny the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is 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 6 Preserve Farmland , Objective 6 Support Preservation Efforts ” found in the Comprehensive Land Use Plan 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 development for purposes other than low density residential development or use as farmland would not achieve Land Use goal of preservation 3 This Board denies the proposed zoning amendment from Agricultural Residential District to Community Business - Special Use District Adopted this the 1st day of April , 2019 The Chairman reopened the Rezoning Hearing for Case 18 - 24 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 Planning Director Braston Newton stated the petition is to rezone 172 acres located at 5154 Hwy 70 Business West in the Clayton Township from Agricultural Residential to General Business Mr Newton stated the site is currently used for agricultural and residential purposes The surrounding land uses are zonedPagePage pageNumber9746 April 1 , 2019 – 6 00 pm Continued Agricultural Residential and used for residential and agricultural purposes ; General Business and used for various businesses ; and Industrial 1 and used for industrial purposes 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 Applicant Thao Le addressed the Board and spoke on the history of the property as well as her hopes for the future She asked the Board to approve the request 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 - 24 Decision on Rezoning Case 18 - 24 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 adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 24 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 24 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 05G01198C located at 5154 Hwy 70 Business West , 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 consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County In addition , this site is located along a commercial corridor , which is established with commercial and industrial uses 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The General Business zoning is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business GB Page0747 April 1 , 2019 – 6 00 pm Continued st Adopted this the 1 day of April , 2019 7 Planning Activity Report Planning Director Braston Newton presented the following Planning Activity Report for the month of March 2019 Monthly Activity Report – March 2019 CPB REZONINGS Proposed for March 2019 Special Use Straight Zoning Totals Approved 2019 Cases 2 1 3 4 Total Acres 139542 1858 14144 2224 SUBDIVISIONS Approved columns are through previous month Approved Approved 2019 2018 Proposed Re - submittals Major Subdivisions 12 9 7 - - - - Total Lots 322 427 473 - - - - Total Acres 428563 4938 529478 - - - - Open Space Acres 154 328 112 - - - - Fee - in - Lieu 108,000 118,400 174,800 - - - - Minors 28 25 Total Lots 48 44 Total Acres 131408 9598 Valid Lots 11,801 Adjustments 165 added , 134 removed never developed or recorded 8 Manager Reports and Comments A Appropriation of Recreation Open Space Funds to the Cleveland Community Parks and Recreation Association , Inc County Manager Rick Hester presented options submitted by the Cleveland Community Parks and Recreation Association , Inc for the Board to consider regarding an appropriation of Recreation and Open Space Funding to be used towards the development and construction of a park within the Cleveland Community Denton Lee , representing the Cleveland Community Parks and Recreation Association , Inc , stated it is their hope to retain the property located at the corner of Polenta Road and Matthews Road for the community Mr Lee stated the property is located within the center of the Cleveland Community and they do not want to lose it Mr Lee offered to answer any questions on the various options he presented to Mr Hester Mr Lee stated it is his hopes that the County can develop an overall plan for recreational opportunities throughout Johnston County and not just the Cleveland area Following discussion , upon a motion by Commissioner Tony Braswell , seconded by Commissioner Jeffrey P Carver , and carried unanimously , the Board voted to allocate funding in the amount of 185,000 from the Recreation and Open Space Fund to the Cleveland Community Parks and Recreation Association , Inc to cover the cost of interest for one year 85,000 on the Association’s purchase of an 82 acre tract of land located at Matthews Road and Polenta Road ; and development funds to begin construction on the 12 acre portion of the 82 acre tract 100,000 for a park ; with the understanding that if the 70 acre portion of the 82 acre tract is sold for any non - recreational use , the 85,000 would be returned to the County’s Recreation and Open Space Fund or donated for recreation and open space uses in the Cleveland community 9 Board Reports and Comments NonePage1748 April 1 , 2019 – 6 00 pm Continued There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Butch Lawter seconded the motion , which carried by unanimous vote The meeting adjourned at 7 10 pm Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage