October 7, 2019 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 70 Meeting of the Johnston County Board of Commissioners October 7 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , October 7 , 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 , Finance Officer and Assistant County Manager J Chad McLamb , 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 Proclamation – National 4 - H Week Cooperative Extension Director Bryant Spivey along with Johnston County 4 - H Agent Courtney Stanley introduced Johnston County 4 - H Members Emily Worth and Leah Jackson Mr Spivey stated that Miss Worth is the new 4 - H State President and Miss Jackson is the new State Secretary Treasurer for 2019 - 2020 Mr Spivey stated he is very proud that two of Johnston County’s 4 - H members are State Officers this year Mr Spivey also noted that Ms Stanley is the County’s new 4 - H Agent and they are excited to have her on staff Miss Jackson and Miss Worth both addressed the Board and spoke on their experience with 4 - H in Johnston County and the things they have accomplished through being a part of this organization Miss Jackson asked the Board to adopt a proclamation for National 4 - H Week in Johnston County She stated 4 - H is the largest youth association in the country Miss Worth noted as State Officers they have the privilege of representing North Carolina 4 - H at many state and national events and they look forward to celebrating National 4 - H Week Commissioner Jeffrey P Carver moved the Board adopt the following proclamation for National 4 - H Week in Johnston County , seconded by Commissioner Larry Wood and carried unanimously Chairman Ted G Godwin read the proclamation aloud NATIONAL 4 - H WEEK DECLARATION WHEREAS , 4 - H youth across the nation are leading efforts to solve problems in their communities and make a difference for their futures ; and WHEREAS , 4 - H is the largest youth development organization in North Carolina and the largest in the nation with over six million participants ; and WHEREAS , 4 - H in North Carolina claims 218,669 youth members and 21,413 volunteers , while Johnston County’s 4 - H program numbers more than 5,400 members and more than 649 volunteers ; and WHEREAS , 4 - H as part of the NC Cooperative Extension System of NC State University and NCA & T State University is a program where youth learn through opportunities that provide them hands - on experiences in 4 - H’s mission mandates of science , engineering and technology ; healthy living ; and citizenship ; and WHEREAS , 4 - H has connected youth and their communities with the innovative research and resources from our nation’s 106 land - grant universities and colleges for more than 101 years NOW , THEREFORE , the Johnston County Board of Commissioners , does hereby proclaim October 6 - 12 , 2019 , as National 4 - H Week in Johnston County We urge the people of this County to take advantage of the opportunity to become more aware of this special program that enhances our young people’s interests in their futuresPage71 October 7 , 2019 – 6 00 pm Continued as part of Johnston County 4 - H Youth Development and to join us in recognizing the unique partnership between our County and our State University System th Adopted this the 7 day of October 2019 2 Public Comment A Request to Reconsider Action from the May 7 , 2018 10 00 AM Meeting Mr David Manning , 108 Professional Court , Garner , asked the Board to consider revisiting a request that was denied from the May 7 , 2018 10 00 am Board of Commissioners meeting as it relates to an amendment to the agreement between Johnston County and the City of Raleigh Reference Note Item No 14 – Public Utilities - City of Raleigh Utility Service Area Agreement Amendment No 6 from the May 7 , 2018 10 00 am meeting Mr Manning reviewed the request from the May 7 , 2018 meeting and stated the portion of the request he is concerned with would have allowed Johnston County to provide water service to 40 additional lots for future development located off of Mount Pleasant Church Road Mr Manning reported since the May 7 , 2018 meeting , Wake County has approved the 40 additional lots for development and they have drilled three wells at over 800 feet each ; however , all three wells were found to be inadequate to serve a community water well system Mr Manning stated they would have to resort to individual wells , which are not regulated to the extent of public water standards Mr Manning stated given that public water and fire flow is available from Johnston County , he believes the public health and welfare would benefit from that service and he asked the Board to revisit the request Mr Manning provided additional points for the Board to consider in support of the request and offered to answer any questions Mr Manning also expressed his disappointment regarding the Board’s approval of an Amendment No 6 earlier in the day that did not include their properties and he questioned the fairness of that action Commissioner Chad M Stewart asked the County Manager and the Director of Utilities to meet with Mr Manning to further discuss his request and how it compares or differs to the Amendment No 6 , which was approved by the Board of Commissioners at the morning meeting earlier in the day B Recognition of Johnston County EMS Employees Mr Keith Branch of Smithfield shared his recent experience with the Board of how he had to utilize the services of Johnston County EMS during a health emergency Mr Branch spoke on his appreciation of the two EMS employees , Lee Bradshaw and Loretta Bradley , who responded to his call for assistance and he recognized them for going above and beyond the call of duty during this time of need Mr Branch stated he realizes that the County often receives more complaints than compliments and he wanted to take the time and recognize the excellent care and service he received and express what it meant to him The Board thanked Mr Branch for his comments C Presentation of Plaque to former County Commissioner Keith Branch The Board took the opportunity to present a plaque of appreciation to Mr Keith Branch for his service to the County as a former County Commissioner Chairman Ted G Godwin thanked Mr Branch for his service and commitment to the citizens of Johnston County Mr Branch thanked the Board for the recognition and stated he enjoyed his time serving the citizens as a County Commissioner D Reid Stephenson – Flowers Plantation Reid Stephenson , representing Flowers Plantation , stated he is pleased to announce that a new Publix - anchored shopping center will be coming to Flowers Crossroads in 2020 Mr Stephenson reported with that development , a new full service traffic signal will be installed at the intersection of NW Parkway and SW Parkway allowing access all the way to Buffalo Road Mr Stephenson also briefly updated the Board on new commercial activity at Flowers Plantation The Board thanked Mr Stephenson for the information Page72 October 7 , 2019 – 6 00 pm Continued 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – September 27 and October 4 , 2019 ; The Johnstonian News and The News in Review – September 25 and October 2 , 2019 Certified letters were mailed to adjoining property owners on September 23 , 2019 Notices were posted at the locations on August 5 , 2019 for Cases 04 - 30 MOD 2 ; 19 - 14 ; 19 - 15 ; 19 - 16 ; 19 - 17 ; and 19 - 18 The Chairman opened the Special Use Hearing for Case 04 - 30 MOD 2 Case 04 - 30 MOD 2 Petition to modify the special use of 78 acres located at 7277 NC Hwy 42 in Cleveland Township currently zoned General Business - Special Use District to allow for an automotive service station Tax ID 06D02016U Owner Barnett Middle Creek , LLC Applicant Mavis Tire Supply , LLC Julie Shih Those wishing to speak on Special Use Case 04 - 30 MOD 2 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to modify the special use permit of 78 acres located at 7277 NC Hwy 42 in the Cleveland Township currently zoned General Business - Special Use District Mr Newton stated the modification would add automotive service station to the list of previously approved uses 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 04 - 30 MOD on July 1 , 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 ? 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 August 20 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 30 MOD and made the following recommendations Upon a motion by Ms Stewart to approve Case 04 - 30 Modification 2 , seconded by Mr Caldwell , Case 04 - 30 Modification 2 was approved by a unanimous vote of 7 - 0 at the August 20th , 2019 Planning Board Meeting Findings of Facts and Special Use Conditions 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant The property has been granted site plan approval for a shopping center consisting of a grocery store of approximately 49495 square feet , in line shops of 24,000 square feet , a bank of approximately 4,200 square feet and a convenience store with gasoline pumps The bank and convenience store with gasoline pumps occupies an outparcel , while the remainder of the uses are on one parcel The proposed special use permit would permit the development of one additional outparcel to house an automotive service station The center has been designed to meet the requirements of Johnston County with regard to access to Hwy 42 and Hwy 50 , appropriate buffering of the abutting properties , required parking , and the required environmental improvements , such as stormwater retention and protection of the wetland The uses proposed for this center will provide a convenient location for the residents of the area to meet their daily shopping needs , without having to travel to the congested traffic area surrounding the I - 40 interchange , thereby reducing travel time and increasing the opportunity for nearby residents to shop by means other than vehicular transportation , including on foot and by bicycle The addition of one outparcel for a automotive service station is in conjunction with the approved site plan for the shopping center , will be operated to maintain the public’s health , safety , and general welfare All county agencies have approved their current site plan and will ensure the same is done for a revised plan 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 The proposed use of the property , as a shopping center with three outparcels , complies with all of the requirements of the Land Development Code and other ordinance and regulations , including state and federal regulations The shopping center and two outparcels have received site plan approval and this request merelyPage73 October 7 , 2019 – 6 00 pm Continued creates an additional outparcel , while not increasing the land area of the center Should the property remain as one parent parcel and two outparcel , or be subdivided into one parent parcel and three outparcels , the impact of the development on the surrounding properties will remain the same Only the proposed use of the property is under consideration for amendment , not the development of the overall property The proposed additional use fit well with the intensity and allowable uses within the existing General Business Zoning District The shopping center along with the outparcels will provide a daily convenience for the needs within the immediate area , as well as countywide 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 addition of this one outparcel to the approved shopping center will not have a negative effect on the neighboring properties The approved shopping center adds value to the area by providing shopping opportunities that meet the daily needs of the surrounding neighborhoods without requiring the residents to travel to the busy I - 40 interchange area The addition of the one planned outparcel will permit further services to be offered to the surrounding community Landscape buffering requirements for this shopping center are 2x and 15x the normal requirements for a GB zoning district This will provide an ample buffer to maintain or enhance the value of 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 The approved shopping center meets all of the requirements of the applicable codes , plans , and ordinances The general business zoning classification is appropriate for the planned center The additional outparcel will meet the requirements of the applicable codes and ordinances as well The approved shopping center plans included two areas that were left undeveloped no parking , no building , no other use planned , so this additional outparcel was contemplated in the original design of the center The approved shopping center plans provide utilities and stormwater management for this planned outparcel as well , so this outparcel merely completes the original plans for the center The proposed development will comply with all codes and regulations along with any requirements as placed by the board The use has also been previously approved but was failed to get recorded in time Specific Land Uses APPLICANT Automotive Service Station Special Use Conditions 1 Permitted Uses Automotive service station be added to the previously approved uses Mr Newton stated the existing land use is General Business in nature and the surrounding land uses are zoned General Business – Special Use District and used for a shopping center , grocery store , bank , gas station convenience store , and other various businesses 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 He stated the parcel is also in a community center commercial activity node Wyatt Bone , Bohler Engineering , representing the applicant , offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use condition There being no further comments , the Chairman recessed the Special Use Hearing for Case 04 - 30 MOD 2 Decision on Special Use Case 04 - 30 MOD 2 Case 04 - 30 MOD 2 Petition to modify the special use of 78 acres located at 7277 NC Hwy 42 in Cleveland Township currently zoned General Business - Special Use District to allow for an automotive service station Tax ID 06D02016U Owner Barnett Middle Creek , LLC Applicant Mavis Tire Supply , LLC Julie Shih Based on the following findings of facts and special use condition , Commissioner Tony Braswell moved the Board approve Case 04 - 30 MOD 2 to modify the special use permit to allow for an automotive service station in addition to the previously approved uses on 78 acres located at 7277 NC Hwy 42 in Cleveland Township Commissioner Chad M Stewart seconded the motion which carried by unanimous vote Findings of Facts and Special Use Conditions 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health ,PagePage pageNumber574 October 7 , 2019 – 6 00 pm Continued safety , and general welfare ; The property has been granted site plan approval for a shopping center consisting of a grocery store of approximately 49495 square feet , in line shops of 24,000 square feet , a bank of approximately 4,200 square feet and a convenience store with gasoline pumps The bank and convenience store with gasoline pumps occupies an outparcel , while the remainder of the uses are on one parcel The proposed special use permit would permit the development of one additional outparcel to house an automotive service station The center has been designed to meet the requirements of Johnston County with regard to access to Hwy 42 and Hwy 50 , appropriate buffering of the abutting properties , required parking , and the required environmental improvements , such as stormwater retention and protection of the wetland The uses proposed for this center will provide a convenient location for the residents of the area to meet their daily shopping needs , without having to travel to the congested traffic area surrounding the I - 40 interchange , thereby reducing travel time and increasing the opportunity for nearby residents to shop by means other than vehicular transportation , including on foot and by bicycle The addition of one outparcel for a automotive service station is in conjunction with the approved site plan for the shopping center , will be operated to maintain the public’s health , safety , and general welfare All county agencies have approved their current site plan and will ensure the same is done for a revised plan 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 ; The proposed use of the property , as a shopping center with three outparcels , complies with all of the requirements of the Land Development Code and other ordinance and regulations , including state and federal regulations The shopping center and two outparcels have received site plan approval and this request merely creates an additional outparcel , while not increasing the land area of the center Should the property remain as one parent parcel and two outparcels , or be subdivided into one parent parcel and three outparcels , the impact of the development on the surrounding properties will remain the same Only the proposed use of the property is under consideration for amendment , not the development of the overall property The proposed additional use fits well with the intensity and allowable uses within the existing General Business Zoning District The shopping center along with the outparcels will provide a daily convenience for the needs within the immediate area , as well as countywide 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 addition of this one outparcel to the approved shopping center will not have a negative effect on the neighboring properties The approved shopping center adds value to the area by providing shopping opportunities that meet the daily needs of the surrounding neighborhoods without requiring the residents to travel to the busy I - 40 interchange area The addition of the one planned outparcel will permit further services to be offered to the surrounding community Landscape buffering requirements for this shopping center are 2x and 15x the normal requirements for a GB zoning district This will provide an ample buffer to maintain or enhance the value of 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 The approved shopping center meets all of the requirements of the applicable codes , plans , and ordinances The general business zoning classification is appropriate for the planned center The additional outparcel will meet the requirements of the applicable codes and ordinances as well The approved shopping center plans included two areas that were left undeveloped no parking , no building , no other use planned , so this additional outparcel was contemplated in the original design of the center The approved shopping center plans provide utilities and stormwater management for this planned outparcel as well , so this outparcel merely completes the original plans for the center The proposed development will comply with all codes and regulations along with any requirements as placed by the board The use has also been previously approved but failed to get recorded in time Specific Land Uses APPLICANT Automotive Service Station Special Use Conditions 1 Permitted Uses Automotive service station shall be added to the previously approved uses The Chairman opened the Rezoning Hearing for Case 19 - 14 Case 19 - 14 Petition to rezone 7446 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 Owner William Henry Ford & Spouse Applicant Steel Bridge Crossing , LLC Planning Director Braston Newton stated the petition is to rezone 7446 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 request associated with the rezoning is to allow for a mixed use – planned unit development 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 ; General Business – Special Use District for a shopping center ; and Industrial 2 and used for industrial purposes The traffic count for this portion of NC 42 Hwy West is 20,000 vehicles per day and it appears on the Comprehensive Transportation Plan as a “ Boulevard Needing Improvement ” The area is located within a designated “ Primary Growth Area ”PagePage pageNumber675 October 7 , 2019 – 6 00 pm Continued 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 of Dalton Engineering & Associates , representing the applicant , addressed the Board Mr Dalton stated they have brought this project back and refigured their proposed density based on good usable land He stated the development is proposed for mixed use with commercial across the front and residential in the back Mr Dalton stated they believe the use is consistent with the surrounding area Mr Dalton stated the density will be approximately four units per acre for residential Mr Dalton stated they feel the development is consistent with the current standards and rules in place 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 In response to a question from Commissioner Jeffrey P Carver , Mr Newton stated 124 residential lots are proposed Commissioner Carver asked about the requirement for a secondary access Mr Newton stated currently , the County requires a secondary entrance for residential developments in excess of 100 lots Commissioner Carver asked where the second entrance would be located ; whereupon Mr Newton stated he would have to defer to the developer Commissioner Carver noted the importance of having a second entrance and that it is a requirement for developments over 100 lots Commissioner Carver asked when the commercial development would begin Mr Dalton readdressed the Board and stated they are currently in the process of signing a contract with Tractor Supply for the commercial development Mr Dalton noted on the map the planned location of a proposed second entrance , stating they are talking with the developers of the Food Lion to obtain an easement for the second entrance At the inquiry of Commissioner Carver , County Attorney Jennifer Slusser stated the second entrance would need to be recorded if the development will exceed 100 lots Commissioner Chad M Stewart asked if the Board could stipulate the second entrance being a part of the approval Mr Dalton stated they would accept the Board approving the request allowing for only 100 lots until such time as the second entrance is secured and recorded Commissioner Carver stated he would prefer the second entrance be secured first and he spoke on its necessity for emergency vehicles to be able to access all points of the development Upon questions by Commissioners Larry Wood and Butch Lawter , Mr Newton stated while the language regarding how far apart the entrances should be is not definitive , if the entrances are located too close together , that could be an issue Mr Newton stated when there are more than 100 lots , at a minimum , a second emergency service access with breakaway gate is needed The Board continued to discuss a second entrance point and the possibility that the proposed location of the second entrance is too close to the main entrance , which could prohibit emergency vehicles from accessing all sections of the residential development Mr Dalton stated he understands the concerns of the Board regarding the second entrance and if it is acceptable , he believes there is a possibility of looking at having a second entrance to the west of the proposed commercial development Mr Dalton stated they are willing to do whatever it takes to make the project work He stated if they have to put another road in that area in order to have a second entrance to the residential section , then they are willing to do that PagePage pageNumber776 October 7 , 2019 – 6 00 pm Continued At the inquiry of Commissioner Tony Braswell , Mr Dalton discussed the Department of Transportation’s requirements for a right - in right - out access only He stated after a third Traffic Impact Analysis was completed , the Department of Transportation stated they would allow a full service access , if a statement is included with the map for each lot sale that notes at such time as the road improvements are made , the access would revert back to a right - in right - out Mr Dalton confirmed they will add that statement on every single family lot sold Chairman Godwin asked for more information regarding the type of secondary emergency access Mr Newton stated a breakaway gate would allow emergency personnel to utilize the secondary emergency access point and the gate would simply breakaway as emergency trucks entered Mr Newton stated this would allow 124 units to be developed Mr Dalton stated they are agreeable to the emergency access with breakaway gate Commissioner Carver asked for a clarification on the secondary entrance Mr Newton stated he recommends the Board make the secondary entrance a condition that approval of the development is subject to an approved site plan by staff Mr Newton stated the applicant will be required to resubmit a full site plan along with a full set of construction documents Margie Riedel , 182 Ainsley Court , Clayton , asked the Board to look at the impact the development would have on schools in the area Ms Riedel stated she believes developers should have to pay an impact fee Upon a question by Commissioner Braswell , Mr Dalton stated they anticipate a four to five year build - out on the project At the inquiry of Commissioner Wood , Mr Dalton stated the homes are planned at approximately 2,000 square feet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 19 - 14 Decision on Rezoning Case 19 - 14 Case 19 - 14 Petition to rezone 7446 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 Owner William Henry Ford & Spouse Applicant Steel Bridge Crossing , LLC Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 14 Commissioner Butch Lawter seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 14 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 05E01007C located at 4150 NC Hwy 42 West , as shown on the attached Exhibit A , from Agricultural Residential to Agricultural Residential - Special Use District to allow for planned development - mixed use 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 thePagePage pageNumber877 October 7 , 2019 – 6 00 pm Continued 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 Objective 1B “ Allow for higher densities and a greater mixture of land uses in urban areas ” 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The Agricultural Residential - Special Use District zoning is compatible with surrounding land uses and zoning with the required conditions for use 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD th Adopted this the 7 day of October , 2019 The Chairman reopened the Special Use Hearing for Case 19 - 14 Case 19 - 14 To allow for a mixed use – Planned Unit Development Owner William Henry Ford & Spouse Applicant Steel Bridge Crossing , LLC Those wishing to speak on Special Use Case 19 - 14 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for a mixed use – Planned Unit Development 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 - 14 on June 3 , 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 ? 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 August 20 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 19 - 14 and made the following recommendations Upon a motion by Mr Creech to approve Rezoning Case 19 - 14 , seconded by Ms Hackler , Rezoning Case 19 - 14 was approved by a unanimous vote of 7 - 0 at the August 20th , 2019 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 19 - 14 as written , seconded by Mr Creech , the Special Use Conditions for Rezoning Case 19 - 14 was approved by a unanimous vote of 7 - 0 at the August 20th , 2019 Planning Board Meeting Findings of Facts and Special Use Conditions 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 acreage that is being proposed to be developed within the subject parcels is located outside of the 100 - year floodplain The residential lots would be served by both public water and sanitary sewer The utility extensions would be designed to Johnston County Public utilities standards with the intention of the county accepting and maintaining the water and sanitary sewer infrastructure The development’s internal streets would be designed to NCDOT standards with the intention of NCDOT taking over maintenance of the streets The anticipated roadway improvements roadway widening and or turn lane s along NC Highway 42 West would be reviewed and approved by NCDOT , as part of the project’s Driveway Permit Access Application PagePage pageNumber978 October 7 , 2019 – 6 00 pm Continued 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 subject project would be developed as a Residential Planned Use Development Both parcels are currently zoned AR Agriculture Residential The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The project would adhere to Johnston County’s Stormwater Management Ordinance and Sediment and Erosion Control Program As mentioned in Response 1 , above , the development’s streets would be designed to meet NCDOT standards Roadway widening and turn lane improvements would also be required to be reviewed and approved by NCDOT prior to construction There are no plans to develop within the 100 - year floodplain and or disturb jurisdictional streams , buffers and wetlands 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 development is located in a rapidly growing portion of Johnston County The subject project would be developed as a Residential Planned Unit Development and includes both single - family lots and multi - family lots Currently , there are similar uses single - family residential subdivisions located adjacent to the site on the North side and South side of the project’s acreage Birchwood Subdivision and South Hills Subdivision , respectively Multi - family developments are located in the vicinity of the proposed project to the west Cleveland Green and Aspen Pointe It is the intent of the developer to establish a Homeowner’s Association for the purpose of maintaining the appearance and values of the improvements 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 The proposed development of the parcels of property contained within the Residential Planned Unit Development is consistent with the overall development plans of Johnston County Both parcels are currently zoned AR The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The area around the intersection of I - 40 and NC Hwy 42 has been designated by the County as qualifying for sewer based on current conditions and therefore has been , and still is , very desirable for development of high density , single - family , residential and multi - family construction This project would be consistent with previous development around the IHI intersection Specific Land Uses APPLICANT To allow for a mixed use - Planned Unit Development Special Use Conditions 1 Permitted Uses Mixed Use - Planned Unit Development 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 This development shall meet the requirements of LDC CH 14 Art 3 Div 5 and DM Sec 7 H 4 Provide Complete floodplain information 5 Provide Metes & bounds 6 Provide certifications in accordance with DM Sec 7 L 7 Provide entrance sign & street signs 8 Street name approval required 9 All lots shall access internal streets 10 Cul - de - sac lots shall have 20 ’ minimum road frontage 11 Complete improvements or provide performance guarantee 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 L item 8 13 Provide perimeter buffer in accordance with LDC Sec 14 - 257 k 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 19 Soil Erosion & Sedimentation Control Plan required 20 Stormwater Compliance 21 Approval of water and sewer system 22 Right - of - way dedications or reservations will be determined during the driveway permitting process 23 TIA Recommended Improvements NC 42 as Two - Lane Roadway ? No Improvements are required at the NC 42 Son - Lan Parkway intersection ? No improvements are offered for the NC 42 Cornwallis Road intersection since the planned construction of R - 3410 will adequately improve the intersection to LOS D or better In the interim , site traffic does not significantly increase the delay for most affected movements ? At the site Driveway o Provide eastbound right - turn lane with 200 feet of storage from NC 42 into the site o Provide a westbound left - turn lane with 200 feet of storage from NC 42 into the site Page079 October 7 , 2019 – 6 00 pm Continued o Provide northbound left - turn and right - turn lanes leaving the site access driveway The left - turn lane should be 300 feet long o Restrict internal driveways within 400 feet of NC 42 Consider striping a right - or left - turn or a center two - way left - turn lane along street “ A ” main internal driveway to prevent internal traffic from blocking entering vehicles NC 42 as Four - Lane Roadway ? No developer improvements are required at the NC 42 Son - Lan Parkway intersection o Under no build conditions , the northbound left turn lane exceeds available storage by approximately 75 feet ? No developer improvements are required at the NC 42 Cornwallis intersection o Under no build conditions , the westbound left - turn lane exceeds available storage by approximately 60 feet o Based on assumptions set forth in this TIA , the eastbound dual left - turn lane should be designed with 425 feet of storage instead of the proposed 400 feet of storage to contain the anticipated queues pending review and confirmation by the R - 3410 engineering team ? At the site driveway o Provide eastbound right - turn lane with 200 feet of storage from NC 42 into the site o Provide a single northbound right - turn lane exiting the site o Restrict internal driveways within 400 feet of NC 42 Consider striping a right - or left - turn lane or a center two - way left - turn along Street “ A ” main internal driveway to prevent internal traffic from blocking entering vehicles Mr Newton listed and reviewed the special use conditions with the Board Chairman Ted G Godwin asked if the Board should include a condition regarding the secondary emergency entrance Chairman Godwin also asked about the roads being taken into the Department of Transportation State maintained system Mr Newton recommended the Board , if the request is approved , add a condition # 24 to state the secondary ingress egress to be shown on the western property boundary as it adjoins NC Hwy 42 Jerry Dalton of Dalton Engineering & Associates , representing the applicant , stated they are in agreement with the special use conditions Mr Dalton stated they plan to request the Department of Transportation to accept the roads into the State maintained system as soon as possible Commissioner Butch Lawter asked Mr Dalton if they were agreeable to adding a condition # 24 as stated by Mr Newton Mr Dalton stated they are agreeable to the condition # 24 Commissioner Jeffrey P Carver stated he wants to make sure that the commercial portion of the development will be constructed as planned Commissioner Carver stated he does not want to see the request come back in a few years as a downzoning because the commercial use is no longer planned Commissioner Carver noted that he could vote for the request because it is a mixed use with commercial ; otherwise , he would be voting against 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 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 - 14 Decision on Special Use Case 19 - 14 Case 19 - 14 To allow for a mixed use – Planned Unit Development Owner William Henry Ford & Spouse Applicant Steel Bridge Crossing , LLC Based on the following findings of facts and revised special use conditions adding a condition # 24 regarding secondary ingress egress , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 19 - 14 to allow for a mixed use – planned unit development on 7446 acres located at 4150 NC Highway 42 West in Cleveland Township Commissioner Butch Lawter seconded the motion which carried by unanimous vote Page180 October 7 , 2019 – 6 00 pm Continued Findings of Facts and Special Use Conditions 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 acreage that is being proposed to be developed within the subject parcels is located outside of the 100 - year floodplain The residential lots would be served by both public water and sanitary sewer The utility extensions would be designed to Johnston County Public utilities standards with the intention of the county accepting and maintaining the water and sanitary sewer infrastructure The development’s internal streets would be designed to NCDOT standards with the intention of NCDOT taking over maintenance of the streets The anticipated roadway improvements roadway widening and or turn lane s along NC Highway 42 West would be reviewed and approved by NCDOT , as part of the project’s Driveway Permit Access Application 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 subject project would be developed as a Residential Planned Use Development Both parcels are currently zoned AR Agriculture Residential The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The project would adhere to Johnston County’s Stormwater Management Ordinance and Sediment and Erosion Control Program As mentioned in Response 1 , above , the development’s streets would be designed to meet NCDOT standards Roadway widening and turn lane improvements would also be required to be reviewed and approved by NCDOT prior to construction There are no plans to develop within the 100 - year floodplain and or disturb jurisdictional streams , buffers and wetlands 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 development is located in a rapidly growing portion of Johnston County The subject project would be developed as a Residential Planned Unit Development and includes both single - family lots and multi - family lots Currently , there are similar uses single - family residential subdivisions located adjacent to the site on the North side and South side of the project’s acreage Birchwood Subdivision and South Hills Subdivision , respectively Multi - family developments are located in the vicinity of the proposed project to the west Cleveland Green and Aspen Pointe It is the intent of the developer to establish a Homeowner’s Association for the purpose of maintaining the appearance and values of the improvements 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The proposed development of the parcels of property contained within the Residential Planned Unit Development is consistent with the overall development plans of Johnston County Both parcels are currently zoned AR The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The area around the intersection of I - 40 and NC Hwy 42 has been designated by the County as qualifying for sewer based on current conditions and therefore has been , and still is , very desirable for development of high density , single - family , residential and multi - family construction This project would be consistent with previous development around the IHI intersection Specific Land Uses APPLICANT To allow for a mixed use - Planned Unit Development Special Use Conditions 1 Permitted Uses Mixed Use - Planned Unit Development 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 This development shall meet the requirements of LDC CH 14 Art 3 Div 5 and DM Sec 7 H 4 Provide Complete floodplain information 5 Provide Metes & bounds 6 Provide certifications in accordance with DM Sec 7 L 7 Provide entrance sign & street signs 8 Street name approval required 9 All lots shall access internal streets 10 Cul - de - sac lots shall have 20 ’ minimum road frontage 11 Complete improvements or provide performance guarantee 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 L item 8 13 Provide perimeter buffer in accordance with LDC Sec 14 - 257 k 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 19 Soil Erosion & Sedimentation Control Plan required 20 Stormwater Compliance 21 Approval of water and sewer system 22 Right - of - way dedications or reservations will be determined during the driveway permitting process 23 TIA Recommended ImprovementsPage281 October 7 , 2019 – 6 00 pm Continued NC 42 as Two - Lane Roadway ? No Improvements are required at the NC 42 Son - Lan Parkway intersection ? No improvements are offered for the NC 42 Cornwallis Road intersection since the planned construction of R - 3410 will adequately improve the intersection to LOS D or better In the interim , site traffic does not significantly increase the delay for most affected movements ? At the site Driveway o Provide eastbound right - turn lane with 200 feet of storage from NC 42 into the site o Provide a westbound left - turn lane with 200 feet of storage from NC 42 into the site o Provide northbound left - turn and right - turn lanes leaving the site access driveway The left - turn lane should be 300 feet long o Restrict internal driveways within 400 feet of NC 42 Consider striping a right - or left - turn or a center two - way left - turn lane along street “ A ” main internal driveway to prevent internal traffic from blocking entering vehicles NC 42 as Four - Lane Roadway ? No developer improvements are required at the NC 42 Son - Lan Parkway intersection o Under no build conditions , the northbound left turn lane exceeds available storage by approximately 75 feet ? No developer improvements are required at the NC 42 Cornwallis intersection o Under no build conditions , the westbound left - turn lane exceeds available storage by approximately 60 feet o Based on assumptions set forth in this TIA , the eastbound dual left - turn lane should be designed with 425 feet of storage instead of the proposed 400 feet of storage to contain the anticipated queues pending review and confirmation by the R - 3410 engineering team ? At the site driveway o Provide eastbound right - turn lane with 200 feet of storage from NC 42 into the site o Provide a single northbound right - turn lane exiting the site o Restrict internal driveways within 400 feet of NC 42 Consider striping a right - or left - turn lane or a center two - way left - turn along Street “ A ” main internal driveway to prevent internal traffic from blocking entering vehicles 24 The secondary ingress egress to be shown on the western property boundary as it adjoins NC Hwy 42 The Chairman reopened the Rezoning Hearing for Case 19 - 15 Case 19 - 15 Petition to rezone 2333 acres out of a 4468 acre tract located at 7499 US Highway 701 in Bentonville Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 02J16035B Owner RM & Marcia Hayes Applicant RM Hayes Planning Director Braston Newton stated the petition is to rezone 2333 acres out of a 4468 acre tract located at 7499 US Highway 701 in Bentonville Township from Agricultural Residential to Industrial 2 – Special Use District He noted the special use request associated with the rezoning is to allow for a sand mining operation Mr Newton stated the site is currently vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes as well as Industrial 2 – Special Use District and used for mining operations The area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years Pat Shellington with Engineering & Environmental Science Company , representing the applicant , requested the Board to approve the rezoning and stated the tracts to the north and south of this property are already mining operations permitted by the State of North Carolina Mr Shellington stated the applicant has been operating in the area since 2006 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 - 15 Decision on Rezoning Case 19 - 15 Case 19 - 15 Petition to rezone 2333 acres out of a 4468 acre tract located at 7499 US Highway 701 in Bentonville Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 02J16035B Owner RM & Marcia Hayes Applicant RM HayesPage382 October 7 , 2019 – 6 00 pm Continued Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 15 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 15 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 02J16035B located at 7499 US Hwy 701 , as shown on the attached Exhibit A , from Agricultural Residential to Industrial 2 - Special Use District to allow for a sand mining operation 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 3 “ Diversify and expand the economy ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The Industrial 2 - Special Use District zoning is compatible with surrounding land uses 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD th Adopted this the 7 day of October , 2019 The Chairman reopened the Special Use Hearing for Case 19 - 15 Case 19 - 15 To allow for a sand mining operation Owner RM & Marcia Hayes Applicant RM Hayes Those wishing to speak on Special Use Case 19 - 15 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for a sand mining operation 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 - 15 on May 14 , 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 ? 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 Page483 October 7 , 2019 – 6 00 pm Continued ? 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 August 20 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 19 - 15 and made the following recommendations Upon a motion by Mr Smith to approve Rezoning Case 19 - 15 , seconded by Mr Caldwell , Rezoning Case 19 - 15 was approved by a unanimous vote of 7 - 0 at the August 20th , 2019 Planning Board Meeting Upon a motion by Mr Massengill to approve the Special Use Conditions for Rezoning Case 19 - 15 , seconded by Ms Hackler , the Special Use Conditions for Rezoning Case 19 - 15 was approved by a unanimous vote of 7 - 0 at the August 20th , 2019 Planning Board Meeting Findings of Facts and Special Use Conditions 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 site will operate under a North Carolina Department of Environmental Quality NCDEQ mining permit and will comply with all of the safety requirements The mining will be for sand and gravel and no blasting will occur at the site A portion of the adjacent properties to the north and south owned by RM Hayes Applicant have been rezoned I - 2 SUD and have operated as a sand and gravel pit in the past The proposed operation will follow the same health and safety regulations 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 site will comply with the regulations required by the NCDEQ as well as the special use conditions specified by Johnston County 3 That the use or development is located , designed , and proposed to be operat