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

10 786 Meeting of the Johnston County Board of Commissioners May 6 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , May 6 , 2019 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Citizen Comments – Ken Taylor Ken Taylor of Clayton addressed the Board regarding economic development incentive grants and requested the County to consider divulging more specific project information prior to the public hearings Mr Taylor expressed his thoughts that by releasing more specific project information ahead of the public hearings , the general public can then be properly informed and given adequate time to consider the proposals and offer their comments Mr Taylor also stated that there have been a number of economic development incentive grants awarded in the past and he would like for the County to compile an annual or semi - annual report of those existing grants and make that information available to the public Finally , Mr Taylor asked the Board to consider the externalities associated with economic development projects such as additional traffic and littering that can often occur during the construction phases of such projects The Board thanked Mr Taylor for his comments 2 Public Hearing – Economic Development Incentive Grant Chairman Ted G Godwin announced that the public hearing is postponed at this time Staff reported once a new date and time have been scheduled , the hearing will be properly advertised and noticed 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – April 26 and May 3 , 2019 ; The Johnstonian News and The News in Review – April 24 and May 1 , 2019 Certified letters were mailed to adjoining property owners on April 22 , 2019 Notices were posted at the locations on February 28 , 2019 for Cases 19 - 05 and 19 - 07 The Chairman opened the Rezoning Hearing for Case 19 - 05 Case 19 - 05 Petition to rezone 12942 acres located at 4150 NC Highway 42 West in Cleveland Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 05E01007C , 06E02022 Owner William Henry Ford & Spouse Ford Meadows , LLC Applicant Steel Bridge Crossing , LLC Planning Director Braston Newton stated the petition is to rezone 12942 acres located at 4150 NC Highway 42 West in Cleveland Township from Agricultural Residential to Agricultural Residential – Special Use District He noted the special use permit request 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 ; General Business – Special Use District for a shopping center ; and Industrial 2 for industrial purposes Mr Newton stated the traffic count for this portion of NC 42 Hwy West is 20,000 vehicles per day and this portion of NC 42 Highway West appears on the Comprehensive Transportation Plan as a “ Boulevard Needing Improvement ” He stated a Traffic Impact Analysis was completed in June of 2018 and has been reviewed by the Department of Transportation with those recommendations included in the proposed special use conditions The area is located within a designatedPage787 May 6 , 2019 – 6 00 pm Continued “ 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 Jerry Dalton , Dalton Engineering & Associates , representing the applicant , stated they are requesting Agricultural Residential – Special Use District because they would like to include townhomes in the development Mr Dalton stated they feel the proposed project is similar to other developments in the area and is a desirable use Mr Dalton acknowledged there are concerns with traffic and school capacities ; however , he stated that will always be a concern Mr Dalton stated the rezoning request received a recommendation for approval from the Planning Board and it is consistent with the long range planning goals of the County Mr Dalton noted there were concerns by the Planning Board regarding the lack of amenities , but since the Planning Board meeting , his client has added a pool , all - purpose game field , and more walking trails Mr Dalton stated because there are concerns regarding traffic congestion , they met with the Department of Transportation and offered to complete another Traffic Impact Analysis ; however , the DOT informed them it was not necessary because their requirements would be the most stringent Mr Dalton stated if the request is approved they hope to connect to the County’s sewer system and are already in discussions for a sewer easement with an adjacent property owner He stated the development would be completed in phases over a three or four year period of time Mr Dalton spoke on the drainage area for Swift Creek and stated they understand the need to protect the environment Mr Dalton stated they feel they are bringing a project to the Board that is consistent with all the rules and he offered to answer any questions At the inquiry of Chairman Ted G Godwin , Mr Dalton stated construction traffic coming from Clayton will have to go up the road and turn around to enter the right in right out access Mr Dalton stated as he understands , according to the DOT , any other property developed along that portion of the highway will also have to utilize a right in right out access Commissioner Butch Lawter stated he has some questions as to how the proposed development will meet the goals within the County’s Comprehensive Land Use Plan , specifically Goal 1 , Objective 1A , which is to grow in a fiscally efficient , compact manner and encourage development within urbanized or urbanizing areas Mr Lawter further stated the Land Use Plan states that the County’s regulations and zoning will be adjusted so as not to encourage growth outside of the municipal areas Mr Lawter noted this area is not within a municipal area and he asked how the proposed development would meet that part of the Land Use Plan Mr Dalton responded the proposed development is consistent with what is allowed within the Interstate Highway Interchange zoning classification , which in his opinion is what is allowed within the planning goals of the County Mr Lawter noted the rezoning request is for Agricultural Residential – Special Use District and not Interstate Highway Interchange Mr Dalton agreed that they are not requesting to be included in the Interstate Highway Interchange area , but they are requesting to construct a planned development that is consistent with what is allowed within the Interstate Highway Interchange zoning classification Mr Lawter asked how the proposed development would meet Goal 10 , Objective 10B as it relates to protecting ecologically sensitive areas Mr Lawter stated on the plan submitted , he cannot see the stormwater design ; therefore , knowing there are environmentally sensitive areas within the County , he is not comfortable saying the development would meet that planning goal and objective without seeing a plan Mr Dalton responded that at this stage in the planning process , the stormwater design is not required , but if the request is approved it would then be completed in accordance with County and State rules Mr Lawter stated in his interpretation of the goals within the County’s Land Use Plan , he feels a development similar to what is being proposed should be pushed towards the municipal areas and to him , it does not meet the definition of being urbanized Mr Dalton stated he feels the proposed plan is consistent with almost everything he has designed in that area over the last four or five years relative to high density growth Upon a question by Commissioner Chad M Stewart , Mr Dalton stated the site is within the County’s sewer service area Page788 May 6 , 2019 – 6 00 pm Continued Kirsten Messmer , 7105 Kasey Dee Circle , Garner , addressed the Board and expressed her concerns regarding traffic congestion , flooding , and environmental wildlife matters Ms Messmer stated she is afraid the development will cause more flooding in the area and she spoke on possible impacts to the environment and protected species Ms Messmer also stated she disagrees that the proposed use is similar to other developments in the area because it includes townhomes and she does not believe any other townhomes border the floodplain Ms Messmer suggested that an environmental impact study be completed before proceeding any further with the proposed development At the request of Commissioner Larry Wood , Ms Messmer noted the location of her property on the aerial photograph for the Board and shared pictures of the area wildlife There being no further public comments , the Chairman closed the public comment portion of the hearing Commissioner Jeffrey P Carver asked how many units would be allowed on the site without a special use Mr Newton responded that without a special use , 15 units per acre could be developed Commissioner Carver calculated that without a special use , 129 units could be developed instead of 193 At the inquiry of Commissioner Stewart , Mr Newton reported staff originally recommended approval of the rezoning based on the proposed use meeting all the rules and conditions as well as satisfying a majority of the objectives within the Comprehensive Land Use Plan Mr Newton stated the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Mr Newton stated he did want to clarify that the property is not located within the Interstate Highway Interchange area Commissioner Tony Braswell asked about Mr Dalton’s previous reference to the Interstate Highway Interchange area Mr Dalton clarified that they are including a piece of property located across the creek , which makes this development consistent with 15 units per acre for the total development ; therefore , it is then comparable to what is allowed within the Interstate Highway Interchange zoning area Commissioner Stewart commented that while he would prefer to see the development at 15 units per “ usable ” acre , that is not what the current Land Development Code requires Commissioner Stewart stated he wishes the growth would slow down in that area or could be pushed more towards the municipalities , but at this time , he feels the Board must go by the current rules and regulations in place Commissioner Carver stated his contention is that the request is for a special use Commissioner Lawter stated the Board has to first look at the rezoning part of the request to determine if it is within the public interest and consistent with the Comprehensive Land Use Plan There being no further comments , the Chairman recessed the Rezoning Hearing for Case 19 - 05 Decision on Rezoning Case 19 - 05 Case 19 - 05 Petition to rezone 12942 acres located at 4150 NC Highway 42 West in Cleveland Township from Agricultural Residential AR to Agricultural Residential – Special Use District AR - SUD Tax ID 05E01007C , 06E02022 Owner William Henry Ford & Spouse Ford Meadows , LLC Applicant Steel Bridge Crossing , LLC Commissioner Butch Lawter moved the Board adopt the following Statement of Consistency Resolution and deny the rezoning request for Case 19 - 05 based on the request being inconsistent with Objective 1A and 10B within the Comprehensive Land Use Plan and that it encumbers the County’s sewer service system Commissioner Jeffrey P Carver seconded the motion which carried by the following vote Ayes Commissioners Ted G Godwin , Jeffrey P Carver , Larry Wood , and Butch Lawter Nays Commissioners Chad M Stewart , Tony Braswell , and Patrick E HarrisPage789 May 6 , 2019 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 19 - 05 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 parcels identified as tax Tag ID 05E01007C and 06E02022 located in the 4200 block of NC 42 West as shown on the attached Exhibit A , from Agricultural Residential to Agricultural Residential - Special Use District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to deny the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is 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 In Comprehensive Land Use Plan Objective 1A the County regulations and zoning should be adjusted so as not to encourage growth outside of municipal areas and , Objective 10B states that the county will give special attention to the preservation of its significant natural areas 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 proposed amendment would encourage growth outside of municipal areas and potentially adversely impact sensitive environmental areas including animal habitat 3 This Board denies the proposed zoning amendment from Agricultural Residential to Agricultural Residential - Special Use District Adopted this the 6th day of May , 2019 The Chairman reopened the Rezoning Hearing for Case 19 - 07 Case 19 - 07 Petition to rezone 1858 acres located at 1144 Lee Johnson Rd in the Meadow Township from Industrial 2 - Special Use District I - 2 SUD to Agricultural Residential AR Tax ID 09G15003O Owner Charles Bryan Denning Applicant Charles Bryan Denning Planning Director Braston Newton stated the petition is to rezone 1858 acres located at 1144 Lee Johnson Road in the Meadow Township from Industrial 2 - Special Use District to Agricultural Residential Mr Newton stated the site is currently used for industrial purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business – Special Use District and used for auto salvage ; and I - 2 – Special Use District and used for industrial purposes The area is located within a designated “ Agriculture Rural Conservation Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low levels of growth pressures are anticipated over the next 20 years Applicant Charles Bryan Denning requested the Board to approve the request and stated he intends to sell the property to a family who would like to build a house on the site Mr Denning stated there was some opposition to the request because someone had thought a mobile home park was proposed ; however , that is not the case Upon a question by Commissioner Butch Lawter , Mr Denning stated he is unsure if the State has released the mining permit from the land Kenneth Smith , 1141 Lee Johnson Road , stated he lives in front of the property and he is afraid that the site will be turned into a mobile home park PagePage pageNumber5790 May 6 , 2019 – 6 00 pm Continued Mr Denning stated there will be no mobile home park on the site 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 19 - 07 Decision on Rezoning Case 19 - 07 Case 19 - 07 Petition to rezone 1858 acres located at 1144 Lee Johnson Rd in the Meadow Township from Industrial 2 - Special Use District I - 2 SUD to Agricultural Residential AR Tax ID 09G15003O Owner Charles Bryan Denning Applicant Charles Bryan Denning Commissioner Larry Wood moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 07 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 07 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 09G15003O located at 1144 Lee - Johnson Road , as shown on the attached Exhibit A , from Industrial 2 - Special Use District to Agricultural Residential ; 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 6D “ Minimize Residential - Agricultural Use Conflicts ” 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The down - zoning from Industrial 2 - Special Use to Agricultural - Residential eliminates a use that is not harmonious with the residential and agricultural nature of the immediate area 3 This Board approves the proposed zoning amendment from Industrial 2 - Special Use District to Agricultural Residential th Adopted this the 6 day of May , 2019 4 Planning Activity Report Planning Director Braston Newton presented the following Planning Activity Report for the month of April 2019 PagePage pageNumber6791 May 6 , 2019 – 6 00 pm Continued Monthly Activity Report – April 2019 CPB REZONINGS Proposed for April 2019 Special Use Straight Zoning Totals Approved 2019 Cases 3 1 4 5 Total Acres 35198 19 37098 4082 SUBDIVISIONS Approved columns are through previous month Approved Approved 2019 2018 Proposed Re - submittals Major Subdivisions 16 12 9 - - - - Total Lots 434 518 305 - - - - Total Acres 608501 613 333742 - - - - Open Space Acres 154 3996 1763 - - - - Fee - in - Lieu 152,800 141,600 80,800 - - - - Minors 47 40 Total Lots 89 66 Total Acres 211269 15291 Valid Lots 11,791 Adjustments 153 added , 163 removed never developed or recorded Mr Newton stated staff would like to continue discussions regarding additional growth management items that were brought up during the Board’s work session in March Mr Newton stated staff’s intent is to continue the process with public engagement and involve all stakeholders Following brief discussion with Mr Newton , it was the consensus of the Board to begin working with staff and the Planning Board regarding additional growth management options and get stakeholder input 5 Manager Reports and Comments A Commuter Rail Study Funds County Manager Rick Hester informed the Board that he plans to allocate funds within the proposed Fiscal Year 2019 - 2020 budget towards a regional commuter rail study by the North Carolina Railroad Company Mr Hester stated the County is being asked to contribute 76,000 towards the study Mr Hester noted that while he is not sure when a commuter rail system could become a reality , he feels it is important for Johnston County to have a seat at the table and be involved in the discussions B Detention Center Update – Agreement for Construction Management Services County Manager Rick Hester briefly updated the Board on the Detention Center’s progress noting that schematic design has begun Mr Hester stated staff meets approximately once each month and he will keep the Board informed Mr Hester stated he would like to enter into an agreement with Jimmy Boykin of Stephenson General Contractors for Construction Management Services Mr Hester spoke on the importance of having an experienced individual working on the County’s behalf during the construction of the Detention Center Mr Hester also noted that he has looked at the proposed fee schedule submitted by Mr Boykin and he finds it comparable to other projects of this size He stated the fee schedule includes a not - to - exceed clause for 265,000 over the three - year construction period Mr Hester spoke on Mr Boykin’s qualifications as well as work experience and stated if there are no objections , he would like to enter into the agreement with Mr Boykin It was the consensus of the Board for the County Manager to enter into the agreement with Mr Boykin 6 Board Reports and Comments NonePagePage pageNumber7792 May 6 , 2019 – 6 00 pm Continued There being no further business , Commissioner Chad M Stewart moved the Board adjourn Commissioner Larry Wood 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