June 3, 2019 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 828 Meeting of the Johnston County Board of Commissioners June 3 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 3 , 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 from April Lee April Lee , 182 Coaster Court , Angier , McGee’s Crossroads Area , addressed the Board and stated she was speaking as a parent , teacher , life - long resident of Johnston County , and the President of the Johnston County Association of Educators Ms Lee stated she believes in fiscal responsibility but also strong public schools Ms Lee continued that it is becoming clear that the Legislature will not fully fund public schools and she asked the Board to stand up for children as well as the public school employees Ms Lee spoke on the difficulties of keeping up with increasing educational demands in a growing county She encouraged the Board to band together with other North Carolina county commissioners and speak to the legislators about fully funding education so the burden does not fall to local governments Ms Lee stated she will continue to advocate for public school funding needs and she thanked the Board for their support The Board thanked Ms Lee for her comments and for her enthusiasm and dedication to public schools 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – May 24 and 31 , 2019 ; The Johnstonian News and The News in Review – May 22 and 29 , 2019 Certified letters were mailed to adjoining property owners on May 20 , 2019 Notices were posted at the locations on April 1 , 2019 for Cases 19 - 08 ; 19 - 09 ; and 19 - 10 The Chairman opened the Rezoning Hearing for Case 19 - 08 Case 19 - 08 Petition to rezone 19 acres of a 798 acre tract located at 3876 NC Highway 50 South in the Banner Township from Agricultural Residential AR to General Business GB Tax ID 01G12060D Owner E & M Property Management LLC Applicant Evencio Zavaleta Planning Director Braston Newton stated the petition is to rezone 19 acres of a 798 acre tract located at 3876 NC Highway 50 South in the Banner 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 zoned Agricultural Residential and used for residential and agricultural purposes and General Business and used for various businesses The area is located within a designated “ Agricultural Rural Conservations 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 WR Lambert , Surveyor , 509 N Lincoln Street , Benson , representing the applicant , stated the applicant has a body shop on part of the property and he would like to add a paint building onto the shop , which necessitates the rezoning 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 Page829 June 3 , 2019 – 6 00 pm Continued There being no further comments , the Chairman recessed the Rezoning Hearing for Case 19 - 08 Decision on Rezoning Case 19 - 08 Case 19 - 08 Petition to rezone 19 acres of a 798 acre tract located at 3876 NC Highway 50 South in the Banner Township from Agricultural Residential AR to General Business GB Tax ID 01G12060D Owner E & M Property Management LLC Applicant Evencio Zavaleta Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 08 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 08 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 01G12060D located at 3876 NC Hwy 50 S partial 19 acres only , 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 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 rd Adopted this the 3 day of June , 2019 The Chairman reopened the Rezoning Hearing for Case 19 - 09 Case 19 - 09 Petition to rezone 56 acres of a 3848 acre tract located at the 3200 block of Lassiter Road in the Elevation Township from Agricultural Residential AR to Industrial 1 - Special Use District I - 1 SUD Tax ID 07F06040B Owner James & Edna Smith Applicant Duke Energy Progress , LLC The Chairman accepted a request from Commissioner Larry Wood to recuse himself from the discussion and vote regarding Case 19 - 09 Page830 June 3 , 2019 – 6 00 pm Continued Planning Director Braston Newton stated the petition is to rezone 56 acres of a 3848 acre tract located at the 3200 block of Lassiter Road in the Elevation Township from Agricultural Residential to Industrial 1 - Special Use District He noted the special use request associated with the rezoning is to allow for open storage – temporary use until the construction of a transmission line is complete temporary use to be terminated prior to September 2021 Mr Newton stated the site is currently used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential 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 currently exist or are anticipated over the next 20 years Upon questions , Mr Newton stated the ordinance does not allow for a temporary use longer than 90 days and since the proposed use is for storage for a long - term construction project , the rezoning is necessary Mr Newton explained the reversion of the site back to its original zoning would be covered within the special use portion of the hearing if the rezoning is approved Mark Hamlet , Project Manager with McAdams , representing Duke Energy , offered to answer any questions with regards to the rezoning request Mr Hamlet stated the rezoning would be for temporary storage for a future proposed transmission line project being constructed through this area He stated the site would serve as a “ laydown yard ” with a gravel surface and a gravel road coming from the highway Mr Hamlet stated inside the laydown yard would be construction materials , poles , wire , and parking for construction equipment He stated it would just be used for the construction of the transmission line and by September of 2021 it would revert back to the original zoning since the transmission line construction will be complete Mr Hamlet stated the site would be returned to its original condition At the inquiry of Chairman Ted G Godwin , Mr Hamlet stated there would be no hazardous materials stored on the site Commissioner Butch Lawter asked what type of equipment would be stored on the site Mr Hamlet stated the equipment would consist of work related equipment such as line trucks and trackhoes It was noted there would be some herbicides stored on the site during the construction Timothy Charles White , 269 Skylar Lane , Four Oaks , stated they live in the nearby subdivision at the back of the subject site Mr White noted the tree line and stated after Hurricane Florence much of the tree line fell towards the adjacent houses Mr White expressed concern as to what would happen if the remaining trees on the subject site are cleared Mr White also noted there are wetlands in the area and he would like the Board to ask the applicant to leave some trees if they plan on any clearing activities Mr Hamlet stated the laydown yard project would not clear any additional trees on the site as it would be constructed in the area that is already cleared There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 19 - 09 Decision on Rezoning Case 19 - 09 Case 19 - 09 Petition to rezone 56 acres of a 3848 acre tract located at the 3200 block of Lassiter Road in the Elevation Township from Agricultural Residential AR to Industrial 1 - Special Use District I - 1 SUD Tax ID 07F06040B Owner James & Edna Smith Applicant Duke Energy Progress , LLC Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 09 Commissioner Butch Lawter seconded the motion which carried by unanimous vote with Commissioner Larry Wood abstaining Page831 June 3 , 2019 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 19 - 09 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 07F06040B located at 3200 Lassiter Road 56 acres only , as shown on the attached Exhibit A , from Agricultural Residential to Industrial 1 - Special Use District to allow for a temporary open storage for material and equipment associated with electric transmission line construction 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 in that Goal 2C Reduce the possibility of incompatible uses and mitigate them when they occur , is achieved through regulatory controls through the special use process 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed zoning and special use conditions for proposed development is subject to site plan review for conformance with Johnston County land development requirements , and regulatory controls will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial 1 – Special Use District I - 1 - SUD rd Adopted this the 3 day of June , 2019 The Chairman opened the Special Use Hearing for Case 19 - 09 Case 19 - 09 To allow for Open Storage - Temporary use until construction of transmission line is complete Temporary use to be terminated prior to September 2021 Owner James & Edna Smith Applicant Duke Energy Progress , LLC Those wishing to speak on Special Use Case 19 - 09 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for open storage - temporary use until construction of a transmission line is complete with the temporary use to be terminated prior to September 2021 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 19 - 09 on February 11 , 2019 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 PagePage pageNumber5832 June 3 , 2019 – 6 00 pm Continued ? 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 April 16 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 19 - 09 and made the following recommendations Upon a motion by Mr Smith to approve Rezoning Case 19 - 09 , seconded by Ms Hackler , Rezoning Case 19 - 09 was approved by a unanimous vote of 8 - 0 at the April 16th , 2019 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 19 - 09 with the addition or revisions of the date of 10 1 2021 , the reversion of zoning , wording on what can be stored , hours of operation , path to remain and all improvements to natural state , seconded by Mr Smith , the Special Use Conditions for Rezoning Case 19 - 09 were approved by a unanimous vote of 8 - 0 at the April 16th , 2019 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed open storage facility is for the temporary placement of transmission line infrastructure and equipment , only during the time associated with construction The petitioner has agreed to a voluntary sunset clause of September 2021 for the SUD The proposed and entire 56 acres lease area will be screened and secured with an opaque fence The operation of the open storage facility will not have an adverse impact on the health , safety , and general welfare of the existing area On or before September 2021 , the use will cease , the fence will be removed , and existing property owner will continue to farm this portion of the property 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed open storage facility will meet all applicable intensity regulations as required per the Land Development Code , other ordinances and resolutions , and state and federal regulations mandated upon Duke Energy for the placement and construction of necessary transmission lines to serve this portion of Johnston County and continue to provide dependable energy service 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed open storage facility will be located + - 600 feet north of Lassiter Rd and buffers the existing single family neighborhood to the north with + - 400 feet of mature woods The new transmission line is being constructed to serve a new Duke Energy substation located at the corner of Matthews and Polenta Roads in Clayton The new infrastructure is a public necessity based on reliability demand and growth to serve this portion of Johnston County and continue to provide dependable energy service 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 A summary of key themes outlined in the Johnston County 2030 Comprehensive Plan includes , “ Expanding economic opportunities ” Economic opportunities and growth are occurring and will continue to occur for Johnston County Growth within the county and surrounding areas places a strain on existing infrastructure , ie whether existing schools , existing roads , existing parks , etc Duke Energy is expanding the existing power infrastructure from public necessity based on reliability demand and growth within this portion of Johnston County Special Use Conditions 1 Permitted Uses To allow for open storage of equipment 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 The Special use will expire and equipment , materials , and fencing will be removed by October 1 , 2021 , and zoning will be reverted automatically to Agricultural Residential AR 4 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 The area housing all the equipment shall be enclosed and screened with an opaque fence 7 NCDOT will require a temporary driveway permit 8 Hours of operation will be 24 hours a day seven days a week 9 Only Construction or inert materials and equipment associated with project may be stored on property 10 Restoration of property to previous state , with exception of stone path , shall occur prior to October 1 , 2021 Items in bold recommended by Planning Board Mr Newton listed and reviewed the special use conditions with the Board noting the items in bold have been recommended by the Planning Board Mark Hamlet , Project Manager with McAdams , representing Duke Energy , offered to answer any questions and confirmed that Duke Energy understands the special use conditions as proposed Commissioner Tony Braswell questioned the hours of operation being 24 hours a day seven days a week PagePage pageNumber6833 June 3 , 2019 – 6 00 pm Continued Brenda Gail Tyner , with Duke Energy , stated they typically work five days a week , but could work six days a week at the most from sunup to sundown , and they requested the hours of operation as proposed in case of a materials delay or storm that causes construction to get behind schedule Ms Tyner noted that working seven days a week is not something typical for Duke Energy unless there is an emergency Commissioner Braswell stated he would like to have some assurances for the nearby subdivision that there will be peace and quiet for those neighbors at least on Sundays Mr Hamlet stated there will be a fence installed around the subject site Ms Tyner stated there will be security lights operating after dark seven days a week , but the actual traffic and construction work should occur between 6 00 am until whenever it becomes dark She noted that work on Saturdays and Sundays would be exceptions At the inquiry of Commissioner Chad M Stewart , Ms Tyner stated only the area around the laydown yard would be fenced She stated the trees at the back of the property would not be cleared Timothy Charles White , 269 Skylar Lane , Four Oaks , requested that work not take place during the weekends to keep some kind of peace and quiet in the area Commissioner Braswell stated he does not want to restrict work on Saturdays , but would like some assurances for Sundays Chairman Ted G Godwin stated his thinking is that this is a temporary situation , and he would not want to put Duke Energy in jeopardy of violating the permit if the site needed to be accessed during an emergency There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 19 - 09 Decision on Special Use Case 19 - 09 Case 19 - 09 To allow for Open Storage - Temporary use until construction of transmission line is complete Temporary use to be terminated prior to September 2021 Owner James & Edna Smith Applicant Duke Energy Progress , LLC Based on the following findings of facts and special use conditions , Commissioner Butch Lawter moved the Board authorize the Planning Department to issue a special use permit for Case 19 - 09 to allow for open storage - temporary use until construction of transmission line is complete temporary use to be terminated prior to September 2021 on 56 acres of a 3848 acre tract located at the 3200 block of Lassiter Road in the Elevation Township Commissioner Patrick E Harris seconded the motion which carried by unanimous vote with Commissioner Larry Wood abstaining Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The proposed open storage facility is for the temporary placement of transmission line infrastructure and equipment , only during the time associated with construction The petitioner has agreed to a voluntary sunset clause of September 2021 for the SUD The proposed and entire 56 acres lease area will be screened and secured with an opaque fence The operation of the open storage facility will not have an adverse impact on the health , safety , and general welfare of the existing area On or before September 2021 , the use will cease , the fence will be removed , and existing property owner will continue to farm this portion of the property 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The proposed open storage facility will meet all applicable intensity regulations as required per the Land Development Code , other ordinances and resolutions , and state and federal regulations mandated upon Duke Energy for the placementPagePage pageNumber7834 June 3 , 2019 – 6 00 pm Continued and construction of necessary transmission lines to serve this portion of Johnston County and continue to provide dependable energy service 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The proposed open storage facility will be located + - 600 feet north of Lassiter Rd and buffers the existing single family neighborhood to the north with + - 400 feet of mature woods The new transmission line is being constructed to serve a new Duke Energy substation located at the corner of Matthews and Polenta Roads in Clayton The new infrastructure is a public necessity based on reliability demand and growth to serve this portion of Johnston County and continue to provide dependable energy service 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 A summary of key themes outlined in the Johnston County 2030 Comprehensive Plan includes , “ Expanding economic opportunities ” Economic opportunities and growth are occurring and will continue to occur for Johnston County Growth within the county and surrounding areas places a strain on existing infrastructure , ie whether existing schools , existing roads , existing parks , etc Duke Energy is expanding the existing power infrastructure from public necessity based on reliability demand and growth within this portion of Johnston County Special Use Conditions 1 Permitted Uses To allow for open storage of equipment 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 The Special use will expire and equipment , materials , and fencing will be removed by October 1 , 2021 , and zoning will be reverted automatically to Agricultural Residential AR 4 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 5 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 6 The area housing all the equipment shall be enclosed and screened with an opaque fence 7 NCDOT will require a temporary driveway permit 8 Hours of operation will be 24 hours a day seven days a week 9 Only Construction or inert materials and equipment associated with project may be stored on property 10 Restoration of property to previous state , with exception of stone path , shall occur prior to October 1 , 2021 The Chairman reopened the Rezoning Hearing for Case 19 - 10 Case 19 - 10 Petition to rezone 918 acres of a 4771 acre tract located at 875 Landmark Road in the Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13B01015A Owner James & Amber Gold Applicant Dealer Lifts , Inc Planning Director Braston Newton stated the petition is to rezone 918 acres of a 4771 acre tract located at 875 Landmark Road in the Pleasant Grove Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning is to allow for automotive part sales and mechanical automotive repair 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 purposes ; General Business – Special Use District and used for a nursery and lawn care business and office uses ; and Industrial 2 – Special Use District and used for solar farms and a utility substation The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan , which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Brian Leonard , BRL Engineering & Surveying , representing the applicant , stated the owner and applicant are the same and currently resides on the property Mr Leonard stated there is an existing building on site , which is the portion of the property they are requesting to be rezoned 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 - 10 Decision on Rezoning Case 19 - 10 Case 19 - 10 Petition to rezone 918 acres of a 4771 acre tract located at 875 Landmark Road in the Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13B01015A Owner James & Amber Gold Applicant Dealer Lifts , Inc PagePage pageNumber8835 June 3 , 2019 – 6 00 pm Continued Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 10 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 10 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 13B01015A located at 875 Landmark Road partial 0918 acre only , as shown on the attached Exhibit A , from Agricultural Residential to General Business - Special Use District to allow for an automotive parts sales and automotive mechanical repair 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 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 with the required conditions for use and operation 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business - Special Use District GB - SUD rd Adopted this the 3 day of June , 2019 The Chairman reopened the Special Use Hearing for Case 19 - 10 Case 19 - 10 To allow for automotive part sales and automotive repair - mechanical Owner James & Amber Gold Applicant Dealer Lifts , Inc Those wishing to speak on Special Use Case 19 - 10 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for automotive part sales and automotive repair - mechanical 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 19 - 10 on February 28 , 2019 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 PagePage pageNumber9836 June 3 , 2019 – 6 00 pm Continued ? 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 April 16 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 19 - 10 and made the following recommendations Upon a motion by Mr Smith to approve Rezoning Case 19 - 10 , seconded by Mr Massengill , Rezoning Case 19 - 10 was approved by a unanimous vote of 8 - 0 at the April 16th , 2019 Planning Board Meeting Upon a motion by Mr Smith to approve the Special Use Conditions for Rezoning Case 19 - 10 striking condition # 4 , seconded by Ms Stewart , the Special Use Conditions for Rezoning Case 19 - 10 were approved by a unanimous vote of 8 - 0 at the April 16th , 2019 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The facility is designed per NC Building code The site has been upgraded with a dual entrance - only , exit - only concrete driveway to meet NCDOT requirements The facility is required to be inspected regularly for oil and coolant storage techniques and separately for pressurized vessels ie Compressors The facility shall be operated in accordance with all OSHA regulations for safety of employees 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 Upon approval of the rezoning and special use , the use will be considered compliant with the county’s zoning regulations Any additional conditions of approval will be addressed by Applicant and coordinated with staff of the County Planning Department The applicant is not aware of any state or federal use or intensity regulations pertaining to this site 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 There are several other businesses and special use districts within the immediate vicinity of this site The shop building lies on the same lot as the personal and new residence of the applicant The personal residence and shop building are compatible with general surrounding property and uses and are not anticipated to detract from the value of the contiguous properties 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 As described above , there are several other approved rezonings and special use districts in the general area Approval of this plan would be consistent with previous approvals and policies by the board Specific Land Uses APPLICANT Automotive Part Sales & Automotive Repair - Mechanical Special Use Conditions 1 Permitted Uses Automotive Part sales and Automotive Repair 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 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences Planning recommended removal of this requirement based on existing conditions meeting the intent of the requirement 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Saturday , 7 00 am until 7 00 pm 7 Signage must comply with the County’s sign code 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 9 Will require driveway permits from NCDOT 10 Initial Fire inspection must be conducted on business Mr Newton listed and reviewed the special use conditions with the Board noting the Planning Board recommended removing condition # 4 based on the existing conditions at the site meeting the intent of the buffer requirement Upon a question by Chairman Ted G Godwin , Mr Newton stated with regards to removing the landscaping buffer requirement , there are already some evergreens planted along the property line as well as there is an established tree line Brian Leonard , BRL Engineering & Surveying , representing the applicant , confirmed that the applicant understands the special use conditions as proposed Page0837 June 3 , 2019 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 19 - 10 Decision on Special Use Case 19 - 10 Case 19 - 10 To allow for automotive part sales and automotive repair - mechanical Owner James & Amber Gold Applicant Dealer Lifts , Inc Based on the following findings of facts and special use conditions striking condition # 4 regarding buffers , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 19 - 10 to allow for automotive part sales and automotive repair - mechanical on 918 acres of a 4771 acre tract located at 875 Landmark Road in the Pleasant Grove Township Commissioner Larry Wood seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The facility is designed per NC Building code The site has been upgraded with a dual entrance - only , exit - only concrete driveway to meet NCDOT requirements The facility is required to be inspected regularly for oil and coolant storage techniques and separately for pressurized vessels ie Compressors The facility shall be operated in accordance with all OSHA regulations for safety of employees 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 ; Upon approval of the rezoning and special use , the use will be considered compliant with the county’s zoning regulations Any additional conditions of approval will be addressed by Applicant and coordinated with staff of the County Planning Department The applicant is not aware of any state or federal use or intensity regulations pertaining to this site 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 ; There are several other businesses and special use districts within the immediate vicinity of this site The shop building lies on the same lot as the personal and new residence of the applicant The personal residence and shop building are compatible with general surrounding property and uses and are not anticipated to detract from the value of the contiguous properties 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 As described above , there are several other approved rezonings and special use districts in the general area Approval of this plan would be consistent with previous approvals and policies by the board Specific Land Uses APPLICANT Automotive Part Sales & Automotive Repair - Mechanical Special Use Conditions 1 Permitted Uses Automotive Part sales and Automotive Repair 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 5 Hours of operation shall be Monday through Saturday , 7 00 am until 7 00 pm 6 Signage must comply with the County’s sign code 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Will require driveway permits from NCDOT 9 Initial Fire inspection must be conducted on business 3 Public Hearing – Public Utilities – System Development Fee Analysis Update and Proposed Amendments to the Johnston County Water & Sewer Policies The Chairman opened the public hearing Public Utilities Director Chandra Farmer , PE , stated the purpose of the public hearing is to receive public comment and discussion on the 2019 Johnston County System Development Fee Analysis Update forPage1838 June 3 , 2019 – 6 00 pm Continued water and wastewater as well as proposed amendments to the Johnston County Water & Sewer Policies Ms Farmer presented the following information to the Board Page2839 June 3 , 2019 – 6 00 pm Continued Ms Farmer stated with regards to the proposed adjusted System Development Fees , the Board could look at applying those adjusted fees to new development only and maintain the existing fee for existing single family residential development Ms Farmer stated for example , the existing fee could apply to someone who is already a resident and is disconnecting from an existing well to tie onto County water due to a supply problem with the existing well Ms Farmer stated Willdan Financial Consultants used the Combined Method , which is a blend of new and existing facilities , to complete the fee study update She noted the study was posted on the County’s website on April 5 , 2019 Ms Farmer stated she is requesting the Board to adopt the adjusted fees when the Board considers the Fiscal Year 2019 - 2020 County budget Page3840 June 3 , 2019 – 6 00 pm Continued Ms Farmer presented and reviewed the following information as it relates to the 20 - Year Capital Improvements Plan Page4841 June 3 , 2019 – 6 00 pm Continued Ms Farmer continued the presentation by reviewing the results of the study and what staff proposes for Fiscal Year 2019 - 2020 , as follows Page5842 June 3 , 2019 – 6 00 pm ContinuedPage6843 June 3 , 2019 – 6 00 pm Continued Commissioner Butch Lawter asked if the plan is to take another incremental step next year in order to get to the maximum allowable fees Ms Farmer responded that she would recommend the Board re - evaluate the budget next year as well as look at where the County is as far as growth and capital improvements projects to determine any further fee adjustments Ms Farmer reviewed with the Board the proposed revisions to the Water and Sewer Policies and presented the following outline of those proposed revisions She noted the proposed revisions have been on the County’s website since May 15 , 2019 Page7844 June 3 , 2019 – 6 00 pm Continued Upon a question by Chairman Ted G Godwin , Ms Farmer clarified that she would recommend the actual system development fee adjustments be considered as part of the Fiscal Year 2019 - 2020 County budget adoption , but she would request the Board to consider approving the proposed revisions to the Water & Sewer Policies at this meeting , effective July 1 , 2019 The Chairman asked for anyone else in the audience that wished to comment to come forward Wade Corbett , 104 Airport Industrial Drive , Clayton , stated he is a developer and builder and is not opposed to any of the recommendations put forth by Public Utilities ; however , he would like to know when everything would go into effect Mr Corbett stated the effective date could impact current projects and subdivisions Mr Corbett stated any fee increases could affect lot or home prices and he would like to make sure that with the increases , there is a proper ratio between residential usage and commercial usage At the inquiry of Chairman Godwin , Ms Farmer stated the System Development Fee Analysis Update was posted on the County’s website on April 5 , 2019 She stated the current proposed budget recommendations include the fee adjustments taking effect July 1 , 2019 Ms Farmer reported several developers have asked about the effective date for the new fees and staff has informed them that if they have approved water and sewer plans , st those fees can be paid prior to July 1 in order to pay at the old rate Ms Farmer stated staff could look at a different strategy if the Board would prefer Mr Corbett expressed his concerns with the effective date , noting that many developers already have commitments and contract prices with builders and the increased fees would cut into the margin on those already agreed upon contract prices Ms Farmer stated staff’s concern is that a developer could have a 400 - lot subdivision that has preliminary approval , but records only ten or so lots at a time for the next 15 years and tracking that would be difficult Ms Farmer stated the Board could always look at setting the effective date for the new fees to be a st date other than July 1 Ms Farmer stated staff is requesting the Board to approve the System Development Fee Analysis Update to include the updated capital improvements as contained within the report at this meeting She continued that the new proposed fees could be adopted when the Fiscal Year 2019 - 2020 County budget is adopted and the Board at that time could set the date for when those new fees would be in effect Ms Farmer stated staff is also requesting the Board to approve the proposed revisions to the Water & Sewer Policies as presented with an effective date of July 1 , 2019 There being no further comments , the Chairman closed the public hearing Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Tony Braswell , and carried unanimously , the Board approved the System Development Fee Analysis Update including the updated capital improvements as contained within the report with a decision on the fees contained within the report and their start date to be considered with the Fiscal Year 2019 - 2020 County budget ; and further , approved the amendments to the Johnston County Water & Sewer Policies effective July 1 , 2019 , as follows Johnston County Department of Utilities Johnston County Water and Sewer Policies Definitions Application Fee A one - time charge to be paid at the time a person requests applies for water or sewer service System Development A charge or assessment for service imposed with respect to new development Fee within the County to fund costs of capital improvements necessitated by and attributable to such new development , to recoup costs of existing facilities which Service such new development , or a combination of those costs , as provided in Chapter 162A , Article 8 of the North Carolina General Statues Upon payment of the System Development Fee , water and sewer capacity is reserved for such new development Capital Improvements Document adopted by the Board of Commissioners or utilized as part of the most Plan CIP recent water sewer rate or system development fee analysis identifying the proposed water , sewer and reclaimed water projects for the next 20 years Page8845 June 3 , 2019 – 6 00 pm Continued Commodity Charge A fixed charge for a 1,000 gallon volume of water provided and or wastewater received The volume is based on water meter readings for retail customers , and either water meter or wastewater meter readings for bulk customers Connection That part of a water or sewer service line which extends from the main to the property line , including all appurtenances , to make the service complete and ready to use Connection Charge A one - time charge for installation of a water or sewer service line and appurtenances Controlled By Is owned , operated or leased by Customer The person legally or equitably responsible for the payment of charges for water or sewer services received Deposit A one - time payment per address made at the time of application for water or sewer service which is non - interest bearing Where service continues for at least 12 months with each payment received by the due date , the account holder may request in writing a refund of the deposit which will be applied to the account balance The deposit shall be applied to any delinquent or unpaid balance when the account holder or the public utility closes the account The public utility shall apply the deposit to set off any utility fees owed by the customer prior to resorting to other authorized debt collection remedies The deposit shall not be automatically applied to a delinquent account PRIOR to disconnection for non - payment of utility services ETJ A municipal extraterritorial planning area or jurisdiction Easement An acquired legal right for a specific use of land owned by others Fire Connection A one - time charge for installation of a fire line or sprinkler line normally Charge including a connection to the water main , cut - off valve , and double check valve detector check assembly and valve vault IHOD Interstate Highway Overlay District Johnston County A written compilation of specifications , design details , and drawings for Utility Construction construction of water distribution and wastewater collection and transmission Standards facilities , which is maintained on file at the Department of Utilities Lateral That portion of the water connection which does not include meter , box , or meter setter , or that portion of a sewer connection between the main line and right - of - way or easement limit Main The water or sewer pipe usually laid in or adjacent to a street running parallel to the property line which distributes water or collects sewage May Is permissive see “ shall ” Meter Fee A one - time charge for providing and installing a water meter in a new water service Monthly Base A constant monthly charge to each water and or sewer customer , which is Charge independent of the amount of water used MTZ Municipal Transition Zones Non - payment penalty Fee charged when payment is past due and is not received by the Due Date Occupant The customer who is actually in possession or control of any premises ORSSA Outlying Residential Sewer Service Areas Owner The person having legal or equitable title to any premises Person An individual , firm , association , partnership or corporation Premises Land , a building , or other structure and appurtenances thereto Septage Concentrated wastewater , sludge , and debris removed from the settling chamber of a domestic wastewater septic tank Page9846 June 3 , 2019 – 6 00 pm Continued Service Line A water line or a sewer line which may service a house , business , apartments , etc which runs from the street to the establishment being served Shall Is mandatory see “ may ” Town or Municipal Any areas provided retail sewer service by municipalities or other public utilities Sewer Service Area through non - County owned wastewater collection and transmission facilities Town or Municipal Any areas provided retail water service using non - County owned pipelines and Water Service Area facilities Water and Sewer Connection Policy Under the following conditions , connection to public water and sewer facilities is deemed available and feasible In these cases , service shall be provided by the public utility in lieu of installation of individual wells and septic tanks , or installation of a community private utility system Water Only Distance to utility easement or public right - of - way adjacent to the water and or sewer User Classification main see definitions for distance on next page Major subdivisions or multi - unit 60 lf per lot or unit or 1,000 lf , whichever is residential development greater , based on the development master plan Existing business with an unsuitable well 1,000 lf New business 1,500 lf New individual residence 350 lf Water and Sewer Distance to utility easement or public right - of - way adjacent to the water and or sewer main User Classification see definitions for distance on next page Subdivisions or multi - unit residential development Water 60 lf per lot or unit or 1,000 lf , whichever is greater , based on the development master plan Residential Sewer See Residential Sewer Service Policy Commercial and Industrial Sewer 1,500 lf for water and sewer Existing business with an unsuitable well 1,000 lf for water and sewer and or failed failing septic tank New business 1,500 lf for water and sewer New individual residence Water 350 lf Sewer See Residential Sewer Service Policy Notes 1 “ Distance ” for individual residences and businesses shall be measured from the closest structure requiring service across the subject land parcel to the edge of the public right - of - way or easement hosting the water or sewer utility The condition will apply only when the utility easement or public right - of - way hosting the utility is contiguous with the subject property “ Distance ” for all other applications shall be measured from the closest property line of the parcel requiring service along public rights - of - way and or easements to the edge of the public right - of - way or easement hosting the water or sewer utility Page0847 June 3 , 2019 – 6 00 pm Continued 2 A new individual residence that is constructed to replace an existing residence shall be deemed an “ existing ” residence and shall not be subject to this policy 3 A major residential subdivision is defined as 7 lots or more subdivided for residential use Included are mobile home parks and multi - family developments 4 Public water and sewer facilities are water and sewer systems owned , operated , and maintained by Johnston County , a County special service district , a sanitary district , or a public not for profit water and or sewer authority 5 Business is defined as a non - residential or non - agricultural land use with a water usage of 500 gpd or greater 6 Non - profit entities will be evaluated on a case - by - case basis and , under hardship circumstances , may be exempt from this policy 7 Distance for sewer refers to gravity sewer mains only The presence of a force main does not indicate availability Residential Sewer Service Policy Adopted 3 14 05 Sewer service for residential developments shall be limited to developments within Municipal Transition Districts MTDs ; Interstate Highway Interchange Districts IHIDs ; Outlying Residential Sewer Service Areas ORSSAs ; developments on land zoned R - 10 , PUD , or PDM prior to the date of adoption of this policy ; and existing residences with failed or failing septic systems If a residential wastewater tap is requested on county wastewater lines that flow into a municipal - owned treatment facility , the municipality receiving the waste must approve the request based on plant capacity That approval would be sent to the applicant and county in writing , subject to the county’s approval of line capacity Also , if the request involved a subdivision of 5 or more lots , the Board of County Commissioners would evaluate the request based on county land use policy If approved , the county and municipality would coordinate fees , taps , meters , and customer service based on existing service area policies agreements Residential development is defined as a group of owner or renter occupied dwellings consisting of single units or multiple units including subdivisions , patio homes , apartments , condominiums , and town homes To qualify for residential sewer service in ORSSAs , developments must be zoned PUD or PDM , or be 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 Availability of wastewater allocation for qualifying residential developments shall be subject to surplus wastewater treatment capacity plant Three years capacity shall be continuously reserved in the wastewater treatment plant to serve the projected annual growth of the current bulk municipal customers and projected commercial , industrial and institutional development Requests will be processed on a first - come , first - served basis The official date of acceptance for a residential development project shall be the date of Planning Board approval of the preliminary plat or date of approval of Board of Commissioners approval of a PUD or PDM At the time of submittal of preliminary plans to the Department of Planning for initial Planning Board approval , a development phasing plan shall be included which specifies the schedule of development phases , the number and type of residential units , and the requested wastewater flow allocation required for each phase of development Wastewater capacity shall be allocated for residential projects on a development phase - by - development phase basis Sewer System Development Fees shall be paid in full prior to plat recordation Wastewater capacity allocations are subject to availability Johnston County Department of Utilities will endeavor to permit and construct wastewater transmission and treatment capacity expansions to meet demands Wastewater allocations expressly are for a defined project on a given parcel Allocations may be transferred with land ownership Allocations may not be transferred from one parcel to another or from one project to another without the expressed , formal approval of the Johnston County Board of Commissioners For residential development proposed outside MTDs , IHIDs , and ORSSAs , on - site treatment and disposal systems may be employed , provided all regulatory permits are obtained For projects with 100 or more units , upon request at the time of submittal of construction documents , the County will assume ownership and operation and maintenance responsibility for on - site wastewater disposal systems provided the facilities are constructed to County standards Page1848 June 3 , 2019 – 6 00 pm Continued MTDs , IHIDs