August 3, 2020 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 499 Meeting of the Johnston County Board of Commissioners August 3 , 2020 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , August 3 , 2020 at 6 00 pm in the Auditorium of the Johnston County Agricultural Center located at 2736 NC Highway 210 in 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 , and RS “ Butch ” Lawter , Jr Absent Commissioner Patrick E Harris 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 Announcement Regarding Nominations to the Hospital Authority Board of Commissioners Chairman Ted G Godwin stated the Board utilized written ballots at the 10 00 am meeting for the Hospital Authority nominations and those votes have been tallied and certified Chairman Godwin stated the nominations will be forwarded to the Hospital Authority for a recommendation and the final appointments will be made at the September 8 , 2020 meeting Patricia Chisholm - Jones , William W Massengill , Jr , and Jeff Parlier were nominated via the following vote 2 Public Comment No one present wished to speak The Chairman announced that the Board had received two e - mails , one from Joe Padilla with Smith Douglas Homes and the other from Shannon Petersen of the Clayton area , regarding comments for the public hearing concerning the Land Development Code proposed amendments The Chairman stated the Board had received and read those e - mails and he submitted those for the record 3 Public Hearing – Ordinance Amendment – Chapter 14 Land Development Code Advertised – The News & Observer Friday Zone Edition – July 24 and 31 , 2020 ; The Johnstonian News and The News in Review – July 22 and 29 , 2020 The Chairman opened the public hearing for the purposes of receiving public comment on proposed amendments to Chapter 14 – Land Development Code , of the Johnston County Code of Ordinances Planning Director Braston Newton reviewed the following proposed ordinance amendments to the Land Development Code as recommended by the Planning Board Mr Newton stated the most significant of the proposed changes establishes a minimum lot size within the Agricultural Residential District Sec 14 - 75 - Agricultural - residential district AR b Permitted uses The following uses are permitted as a principal use 1 Single - family , or individual modular homes that utilize a An individual well and septic tank at a density of one dwelling per acre , 40,000 square feet minimum lot area based on the gross land area of a development ; orPage500 August 3 , 2020 – 6 00 pm Continued b A public water supply system at a density of 15 145 dwellings per acre , 30,000 square feet minimum lot area based on the gross land area of a development c Special use districts For the agricultural - residential district , the following special use districts are established as a parallel special use district , pursuant to GS 153A - 340 Under each special use district the uses listed may be established only after issuance and recordation of a special use permit in accordance with the procedures and conditions specified in article IV of this chapter 12 Subdivisions that request residential sewer service of up to 15 dwelling units per acre that lie within the Outlying Residential Sewer Service Area , and are contiguous or immediately adjacent to existing residential development with public sewer service , and must be able to be served by construction of new gravity lines no new pump station required which will be tributary to existing sewer infrastructure Sec 14 - 103 - Environmentally sensitive area district ES a Purpose and intent The environmentally sensitive area district ES is established as a district that overlays areas deemed environmentally sensitive Development within this overlay district shall comply with the regulations of the underlying zoning district , provisions of this section and any other applicable sections of this article b Definitions 1 Intermittent stream A natural drainage way , which shows up as a blue line on the USGA 75 minute quadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittent stream for purposes of this ordinance 2 Perennial stream Perennial streams are streams that have essentially continuous flows Perennial streams in the environmentally sensitive area are specifically designated to be Swift Creek , White Oak Creek , Little Creek from the US 70 Clayton bypass to Swift Creek , and the Little River from the county line to NC 39 c Delineation of 1 Perennial stream buffers Perennial stream buffers shall be measured from the top of the channel bank and extend landward a minimum distance of 100 feet measured horizontally on a line perpendicular to the water body , subject to the following conditions a The buffer shall be undisturbed and remain forested if currently forested b If the existing buffer is not forested , it shall be maintained in a natural state and allowed to revegetate c There shall be no fill allowed within the buffer area 2 Intermittent stream buffers Intermittent stream buffers shall have two zones as described below a Zone 1 shall be an undisturbed area extending from the channel bank landward a minimum of 30 feet measured horizontally on a line perpendicular to the water body b Zone 2 shall be a vegetative buffer extending from the outer edge of zone 1 landward a minimum of 20 feet measured horizontally on a line perpendicular to zone 1 3 Maintenance of buffers Zone 1 and zone 2 shall be maintained by the landowner or homeowners association to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion and infiltration of stormwater runoff and filtering of pollutants into the affected stream , consistent with maintenance criteria as set out in the county design manual 4 Exemptions The following are exempt from the stream buffer requirements of this section a Areas that are mapped on the USGS quadrangle map that do not exist on the ground b Ponds and lakes created for animal watering , irrigation of farm lands , or other agricultural uses that are not part of a natural drainageway c Where application of the requirements of this section would prevent all prospective use of a lot platted and recorded prior to May 26 , 1998 d Water dependent structures that are designed , constructed , and maintained to provide the maximum nutrient removal , have the lease adverse affects on aquatic habitats and that protect water quality e Roads , bridges , stormwater management facilities , ponds , and utilities where no other practical alternative exists These structures shall be so located , designed , constructed , and maintained to have minimal disturbance , provide maximum nutrient removal , provide the least adverse effects on aquatic habitats and protect water quality to the maximum extent possible f Ditches and manmade conveyances other than modified natural streams 5 Flood hazard areas There shall be no development allowed within the areas of special flood hazard as defined in the county flood damage prevention ordinance , which shall be defined as residential and nonresidential structures , including improvements or additions to such structures However , specifically allowed improvements include public utility structures , buried utilities , roadways and accessways , and recreational facilities as long as no structures are involved d Density regulations 1 Residential development is permitted at an overall density of one dwelling unit per acre 40,000 square feet minimum lot size of gross land area Ord of 7 - 10 - 2000 , § 452 ; Ord of 11 - 13 - 2000 , § 4522 ; Amend of 3 - 7 - 2005 Cross reference — Environment , Ch 12 Sec 14 - 105 - Water supply watershed protection district WSW a Authority The state general assembly has , in GS 143 - 2145 , GS 160A - 371 and GS 160A - 381 , delegated the responsibility and authority to local governmental units to establish water supply watershed protection programs , to regulate land use and development within water supply watersheds and to adopt regulations designed to promote the public health , safety and general welfare of its citizenry Page501 August 3 , 2020 – 6 00 pm Continued b Intent The water supply watershed protection district WSW is to provide , in designated watershed areas , a higher level of control from activities and situations that could degrade the quality of the water entering the Neuse River , as identified in the watershed protection management plan c Applicability The provisions of this chapter shall apply within the area designated as a public water supply watershed protection district as defined and established on the map entitled , Water Supply Watershed Protection District of Johnston County , North Carolina on the official zoning atlas of the county Land use and development within this district must comply with all the requirements of this chapter and the underlying zoning district d Exceptions to applicability The watershed protection requirements of this section shall not apply to development established prior to January 3 , 1994 , the date of adoption by the Johnston County Board of Commissioners , except as provided in subsection g of this section Furthermore , these requirements shall not apply to a single - family detached dwelling unit or an accessory dwelling unit already developed on a lot e Definitions The following words , terms and phrases , when used in this section , shall have the meanings ascribed to them in this subsection , except where the context clearly indicates a different meaning Best management practices means a structural or nonstructural management - based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals Buffer means an area of natural or planted vegetation through which stormwater runoff flows in a diffused manner so that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants The buffer is measured from the top of the bank of each side of streams or rivers Built - upon area includes that portion of a development project that is covered by impervious or partially impervious cover including buildings , pavement , gravel roads , recreation facilities eg , tennis courts , etc Note Wooden slated decks are considered pervious Critical area means the area that drains one - half mile to a water supply , as measured from the normal pool elevation of reservoirs , or the area that drains one - half mile to a river intake Development means any land - disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil Discharging landfill means a landfill which discharges treated leachate and which requires a National Pollution Discharge Elimination System NPDES permit Industrial development means any nonresidential development that requires an NPDES permit for an industrial discharge and or requires the use or storage of any hazardous material for the purpose of manufacturing , assembling , finishing , cleaning or developing a product or commodity Major variance means a variance from the minimum statewide watershed protection rules that results in any one of the following 1 The relaxation , by a factor of ten percent or greater , of any management requirement under the low - density option ; 2 Any variation in the design , maintenance or operation requirements of a wet detention pond or other approved stormwater management system Minor variance means the relaxation , by a factor of up to ten percent , of any management requirement under the low - density option Protected area means the area adjoining and upstream of the critical area in which protection measures are required The boundaries of the protected area are defined as extending ten miles upstream and draining to water supply or to the ridge line of the watershed whichever comes first f Permits 1 Watershed protection permit a Except where provided for elsewhere in this article , no building or built - upon area shall be erected , moved , enlarged or structurally altered , nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued No watershed protection permit shall be issued except in conformity with the provisions of this chapter This permit shall be filed with the county planning department and shall expire at the end of 12 months if not used b Watershed protection permit applications shall be filed with the county planning department The application shall include a completed application form and supporting documentation deemed necessary by the department 2 Building permit required Except where provided elsewhere in this article , no building permit required under the state building code shall be issued for any activity for which a watershed permit is required until such permit has been issued 3 Watershed occupancy permit a Prior to the occupancy or use of a building erected , altered or moved and or prior to the change of use of any building or land , the building inspections department shall issue a watershed protection occupancy permit certifying that all requirements of this article have been met b If the watershed protection occupancy permit is denied , the planning director shall notify the applicant in writing stating the reasons for denial g Existing development ; nonconformities Any existing development , as defined in this article , may be continued and maintained subject to the provisions provided in this article Expansions to structures classified as existing development prior to January 1 , 1994 , must meet the requirements of this article ; however , the built - upon area of the existing development is not required to be included in the density calculations h Vacant lots This category consists of vacant lots for which plats or deeds have been recorded in the office of the register of deeds of the county Lots may be used for any of the uses allowed in the watershed area in which it is located , provided they can meet the minimum lot size requirements of this article , or have been approved prior to the adoption of this article i Occupied lots This category consists of lots occupied for residential purposes at the time of the adoption of the ordinance from which this article is derived These lots may continue to be used provided that whenever two or more adjoining lots of record , one of which is occupied , are in single ownership at any time after the adoption of the ordinancePage502 August 3 , 2020 – 6 00 pm Continued from which this article is derived , and such lots individually or together have less area than the minimum requirements for residential purposes specified in this chapter , such lots shall be combined to create lots which meet the minimum size requirements or which minimize the degree of nonconformity j Industrial use of land This category consists of existing industrial uses and or the storage of hazardous or toxic materials where a spill containment plan is not implemented and where such use of the land is not permitted to be established in the watershed area Such existing uses may be continued except as provided for in subsection k 2 of this section k Permitted uses 1 The following uses are permitted as a principal use in the watershed protection district provided such uses are also permitted in the underlying zoning district and providing that the requirements stated in this section and this article a Critical area 1 Agriculture , subject to the provisions of the Food Security Act of 1985 and the Food , Agricultural , Conservation and Trade Act of 1990 2 Silviculture , using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality 15 NCAC II 61010209 3 Residential development one dwelling unit per acre , 40,000 square feet minimum lot size 4 Nonresidential development , excluding landfills and sites for land application of residuals or petroleum contaminated soils or septage , mining and quarrying activities and the storage of toxic and hazardous materials unless a spill containment plan is implemented b Protected area 1 Agriculture , subject to the provisions of the Food Security Act of 1985 and the Food , Agricultural , Conservation and Trade Act of 1990 2 Silviculture , using BMPs required to implement the provisions of the Forest Practices Guidelines Related to Water Quality 15 NCAC II 61010209 3 Residential development one dwelling unit per acre , 40,000 square feet minimum lot size 4 Nonresidential development 2 No activity , situation , structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health , safety and welfare Such conditions may arise from inadequate on - site sewer systems which utilize ground absorption ; inadequate sedimentation and erosion control measures ; the improper storage or disposal of junk , trash or other refuse within a buffer area ; the absence or improper implementation of a spill containment plan for toxic and hazardous materials ; the improper management of stormwater runoff ; or any situation found to pose a threat to water quality l Minimum land area The minimum land area for a single - family dwelling located in the water supply watershed protection district shall be 1 For lots located in an AR district , or in a planned unit development , if connected to the county water and sewer system , two units per acre maximum ; and 2 For lots with individual wells and or septic tanks , one unit per acre m Built - upon area 1 Critical area The maximum area to be built upon for all residential development not listed in subsection l of this section and nonresidential development shall be allowed a maximum of 24 percent built - upon 2 Protected area The maximum area to be built upon for all residential development not listed in subsection l of this section and nonresidential development shall be allowed a maximum of 24 percent built - upon area with a curb and gutter roadway system , or a maximum of 36 percent built - upon area without a curb and gutter roadway system or when utilizing the 10 70 provision up to 70 percent built - upon area with a county approved best management practice 3 Conflicts Where built - upon area limits specified in this section conflict with the Johnston County Stormwater Ordinance , the most stringent limit shall apply n Landscaped buffer area required 1 Vegetative buffer A minimum 50 - foot vegetative buffer for development activities is required along all perennial and intermittent streams , as indicated on the most recent versions of USGS 1 24,000 75 minute quadrangle topography maps New development utilizing the 10 70 option shall require a 100 - foot vegetative buffer along all perennial streams , otherwise , a 50 - foot - wide vegetative buffer shall be maintained along both sides of all perennial and intermittent streams , rivers or other water bodies as required by the Neuse River Basin Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Buffers , Section 3 a - b The buffer shall be measured from the top of the bank of such streams Determinations of exemption as noted in 15A NCAC 2B 0233 Neuse River Basin Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Buffers , Section 3 a - b shall be made by NCDENR Division of Water Quality 2 No development in buffer ; exceptions No new development shall be allowed in the required vegetative buffer except for water dependent structures and other structures such as flag poles , signs and security lights which result in only diminutive increases in impervious area , and public works projects such as road crossings and greenways where no practical alternative exists These activities should a Minimize built - upon surface area ; b Direct runoff away from the surface waters ; and c Maximize the utilization of best management practices for stormwater control and management o Establishment of the watershed review board The Johnston County Board of Adjustment shall serve as the watershed review board p Variance A petition to the board of adjustment , requesting a variance from the standards of the water supply watershed protection district shall comply with the procedures and standards of the development regulations , with the following exceptions 1 Major and minor variances are differentiated by definition as follows PagePage pageNumber5503 August 3 , 2020 – 6 00 pm Continued a Minor variances shall include petitions for the reduction of any standard of the overlay district by a factor of less than ten percent , except residential density or built - upon regulations b Major variances shall include petitions for the reduction of any standard of the overlay district by a factor of more than ten percent ; and petitions to increase residential density or built - upon regulations c The watershed administrator shall provide a description of each project receiving a variance and the reasons for granting the variance shall be submitted for each calendar year to the NCDENR Division of Water Quality on or before January 1 of the following year 2 Major variances shall comply with the procedures and standards of the zoning regulations except that a A decision by the board of adjustment to deny a major variance may be appealed to the superior court by an aggrieved party Such appeal shall be in the nature of certiorari and must be filled within 30 days from the filing of the decision in the office of the planning department or the delivery of the notice required in section 14 - 254 , whichever is greater b A decision by the board of adjustment to approve a major variance shall be advisory only The watershed administrator shall within 30 days of the boards decision , forward a record of the board of adjustment hearing , findings , and conclusions to the state environmental management commission for final decision The preliminary record of the hearing shall include 1 The variance application ; 2 The hearing notices ; 3 The evidence presented ; 4 Motions , offers of proof , objections to evidence , and rulings on them ; 5 Proposed findings and expectations ; 6 The proposed decision , including all conditions proposed to be added to the permit 3 The board of adjustment may advise approval of a major variance petition upon satisfying the finding that significant community economic or social benefit would be derived from the granting of the variance Ord of 7 - 10 - 2000 , § 454 ; Ord of 12 - 109 - 2001 ; Ord of 1 - 13 - 2004 ; Amend of 01 - 04 - 2010 2 Sec 14 - 257 - Standards l Planned development - housing PDH The following regulations and requirements apply to a planned development - housing PDH , defined for purposes of this article as a planned development primarily for dwellings and related uses and facilities 1 Intent With respect to timing of development of a particular PDH , it is intended that in addition to other policies and limitations set forth in this article , consideration shall be given to general housing needs in the county as a whole and in the subcommunity in which the development is proposed , and the need for particular types of housing In such consideration , due weight shall be given to availability of existing supply of housing types for which there is evident need in view of the age and economic characteristics of the population , and to the amount and types of potential housing being developed , and to adequate capacity of public water supply and public sewer PDH projects may contain a mix of single - and multifamily dwelling units PDH developments shall be located in the Interstate Highway Interchange district , or sewer service area 2 Minimum land area The minimum land area required for a zoning lot containing a PDH shall be 100 acres 3 Permitted uses The principal and accessory uses of land or structures within a PDH shall be as follows a Dwelling , single - family b Dwelling , two - family duplex Note Counted as one unit in density calculations c Multifamily 12 dwelling units per acre density maximum permitted only within the Interstate Highway Interchange district d Residential support facilities clubhouses , pools , recreation areas e Schools f Public service facilities fire , EMS , and police stations , or utility structures g Home occupation h Accessory use customarily incidental to a permitted use 4 Intensity regulations a Interstate Highway Interchange Residential development is permitted at an overall density of six dwelling units per acre of gross land area If only single - and two - family housing types are planned , an overall density of four units per acre is permitted b Sewer Service Area Residential development is permitted at an overall density of 15 dwelling units per acre of gross land area 5 Use requirements a The minimum building setback shall be 1 From a perimeter arterial , collector , or local street , 50 feet Perimeter means any street existing at the time of approval of the planned development that is outside , adjacent , or internal to remain to the planned development 2 From any perimeter lot line , 50 feet 3 For multifamily buildings immediately adjacent to an external residential zoning district , 50 feet 4 All other setbacks internal to the planned development can be established by the developer The minimum building setbacks shall be recorded on the final plat The proposed setbacks shall be provided as part of master plan approval b The maximum building height limit shall be 50 feet c A landscape buffer shall be required as follows 1 A landscaped buffer shall be required along all existing arterial , collector and local streets , and dedicated to common open space a Landscape area A with the use of a four - to eight - foot landscape berm , decorative wall , or opaque fence ; excluding a wooden fence PagePage pageNumber6504 August 3 , 2020 – 6 00 pm Continued b Landscape area B with the use of only plant material c The natural existing vegetation may be used if the density meets or exceeds the landscape area B requirements and remains undisturbed 2 Along all perimeter lines a landscape area A or natural area equivalent 3 Along all perimeter lines adjacent to commercial uses a landscape area B or natural area equivalent 6 Provision of common open space or recreation area requirements All planned unit developments shall provide or dedicate common open space or recreation areas suitable for the residents common passive or active recreational use as follows a For a planned unit development , its total open space or recreation land area shall be at least 15 percent of the total gross land area of the development All wetlands and or riparian buffer areas shall be designated as common open space , however , these areas will not count toward the amount of required open space The board of commissioners may accept alternatives to these minimum requirements with the use of public or private amenities Any proposed reduction or area exchange involving previously recorded open space must be approved by the planning board The applicant must provide sufficient information on why the change is requested and why no other alternative exists The developer shall record a document specific to the responsibility and continued maintenance of common open space and recreation areas This may be part of restrictive conveyances or a separate document the document shall contain the content as required by the design manual b At minimum , 50 percent of the total amount of open space required shall be provided and located throughout the residential area These integrated areas shall be no less than 20,000 square feet and designed as to invite residents for passive and or active recreation uses A mix of designs shall be encouraged such as neighborhood parks , playgrounds ; and corridors for walking trails A portion of these areas may be built upon for amenities c A summary of amenities must be provided upon PDM submittal The summary shall contain the content as required by the design manual A phasing plan for amenities shall be provided and amenities shall at minimum be phased with the construction of the dwelling units Once 25 percent of the dwelling units have been constructed a minimum of 25 percent of the amenities must be completed d At minimum , 50 percent of the amenities required shall be provided at 50 percent dwelling unit construction , and 75 percent of the amenities at 75 percent dwelling unit construction Amenity locations and type shall be noted on the final plat at recording Any change to previously recorded amenities must be approved by the planning board e Amenities shall be of a type which enhances the use of the open space These types shall include playgrounds ; parks with shelters , benches , managed turf fields ; walking running trails ; clubhouses ; pools ; tennis ball courts ; golf courses ; and other like improvements f Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the county register of deeds Such common open space land may be dedicated or deeded to an appropriate public body upon their acceptance , land trust , nonprofit , or for profit organization established for the purpose of land conservation or recreational purposes ; or create a neighborhood or homeowners association for the continuing maintenance and control of common open space or recreation area ; or , held by the owner subject to the recording of a permanent conservation easement or similar open space or recreational land dedication 7 Payments in lieu of provision or dedication In lieu of providing or dedicating the required minimum common open space or recreation area required pursuant to this section , a developer of a subdivision or planned development may , with the approval of the board of commissioners , where appropriate , make a payment to the county whereby the county may acquire common open space land The county shall use such payment only for the acquisition or development of open space , recreation , or park sites to serve residents of the county The amount of the payment shall be the product of the total number of dwelling units recorded multiplied by the fee established in the countys annual schedule of fees The developer shall make the payment before approval of a final plat 8 Design standards Except as otherwise provided in this chapter , the design standards applicable within a PHD shall be as established in the county design manual and articles III and VI , with the following additions a [ Transitions between lots ] Where a PDH zoning lot adjoins land that is zoned residential and developed with lots of a size which limits their use to single - family detached residences , an appropriate transition between the PDH and the adjoining single - family lots shall be provided An appropriate transition shall consist of a landscape area type A b [ Vehicular access ] Vehicular access to streets shall be limited and controlled as follows 1 If the street or portion of the street serves 50 or fewer dwelling units , vehicular access from off - street parking and service areas may be directed to the street from the sites of individual dwelling units Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development ; and 2 Vehicular access to other streets or portions of streets from off - street parking and service areas shall be so combined , limited , located , designed and controlled as to channel traffic in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interruption c Street sidewalks A minimum five - foot - wide ADA - compliant sidewalk shall be provided along both sides of the street throughout the residential areas of the development 1 The sidewalk , where situations permit , shall be at the edge of the right - of - way , creating a minimum six - foot separation between the edge of pavement and edge of sidewalk If curb and gutter is utilized then the sidewalk shall be at least two feet from the back of curb Where necessary , sidewalks easements may be utilized due to constraints with topography 2 Crosswalks shall be provided , where necessary , to provide organized and efficient circulation within the development 3 Where sidewalks are proposed between residential lots used to connect areas within the development , ten foot fee simple open space shall be utilized 9 Alternative energy systems Provisions of sections 14 - 115 through 14 - 119 shall apply …PagePage pageNumber7505 August 3 , 2020 – 6 00 pm Continued m Planned development - mixed use PDM The following regulations and requirements apply to a planned development - mixed use , defined for purposes of this article as a planned development that provides for the coordinated and balanced development of residential , office and commercial uses and their necessary support functions Planned development mixed - use shall only be permitted within the Interstate Highway Interchange Overlay district 1 Intent It is intended that the PDM shall encourage development within which mutually supporting residential , commercial and office uses are scaled , balanced , and located to reduce general traffic congestion by providing housing close to principal destinations , thereby allowing multiple destinations to be achieved with a single trip When such mixed use developments adjoin residential developments or residential zoning districts , it is intended that arrangement of buildings , uses , open space , and vehicular access shall be such as to provide appropriate transition and reduce potentially adverse effects 2 Mixed use thresholds All development in a PDM shall conform to the following thresholds a Minimum parcel or tract size 1 Minimum of 25 acres for developments which utilizes a Private wastewater treatment and disposal system , or a private wastewater pump station which discharges in to a public sewer system , upon approval by the public utilities department ; or b Wastewater system which can utilize gravity flow into an existing public sewer system b Uses proposed in one of the following combinations 1 Office , commercial , and residential uses 2 Office and residential uses 3 Commercial and residential uses c [ Dwelling types ] A mix of residential dwelling types shall be included d [ Percentage of residential use ] At least 40 percent , and no more then 70 percent , of the land or building floor area must be devoted to residential uses , as defined in this chapter 3 Permitted uses a The following uses are permitted as a principal use 1 All uses permitted as a principal use in the following a Agricultural Residential district AR , these areas shall be designated as AR - SUD on the zoning atlas b Office and Institutional and Business Zoning districts to exclude Industrial districts , these areas shall be described by metes and bounds and designated GB - SUD on the zoning atlas 2 Single - family , townhouse and duplex residential dwellings with a maximum number of six dwelling units per acre Note Duplex and townhouse units are counted as one unit in density calculations 3 Multifamily dwellings with a maximum number of 1512 dwelling units per acre 4 Residential support facilities club houses , pools , recreation areas 5 Public service facilities fire , EMS , and police stations , or utility stations b The following uses are not permitted in a planned development - mixed use development 1 Automotive repair mechanical , paint body 2 Bar club 3 Building materials supplies — Masonry , lumber yard , wholesales [ wholesalers ] 4 Contractors office storage yard 5 Kennel 6 Mini - storage 7 Sales rental — Automotive , recreational vehicle , farm implement , boat , mobile modular home 8 Warehousing outdoor storage yard 4 Use requirements a The minimum building setback shall be 1 For nonresidential buildings from a perimeter arterial , collector , or local street , 50 feet Perimeter means any street existing at the time of approval of the planned development that is outside , adjacent , or internal to remain to the planned development 2 For a residential structure from a perimeter arterial , collector , or local street , 50 feet 3 For residential and nonresidential buildings from any perimeter lot line , 50 feet 4 All other setbacks internal to the planned development can be established by the developer The minimum building setbacks shall be recorded on the final plat The proposed setbacks shall be provided as part of master plan approval b The minimum setback from the perimeter boundary for a parking lot or internal driveway shall be 30 feet c The maximum building height limit shall be 50 feet d A landscape buffer shall be required as follows 1 For residential areas , a landscaped buffer shall be required along all arterial and collector and local streets , and dedicated to common open space a Landscape area A with the use of a four - to eight - foot landscape berm , decorative wall , or opaque fence ; excluding a wooden fence b Landscape area B with the use of only plant material c The natural existing vegetation may be used if the density meets or exceeds the landscape area B requirements and remains undisturbed 2 For office commercial areas a landscaped buffer shall be required along all existing arterial , collector and local streets in accordance with the landscaping section of the design manual 3 A landscape area B adjacent to all perimeter lot lines , where commercial uses , as part of the PMD , abuts adjacent residential uses A landscape area A adjacent to all perimeter lot lines , where commercial uses , as part of the PMD , abuts adjacent commercial uses 4 A landscape area B shall be used between the commercial and residential areas within the PDM PagePage pageNumber8506 August 3 , 2020 – 6 00 pm Continued 5 Along all perimeter lines a landscape area A or natural area equivalent 5 Provision of common open space or recreation area requirements All planned unit developments - mixed uses shall provide or dedicate common open space or recreation areas suitable for the residents common passive or active recreational use as follows a For a PDM , its total open space or recreation land area shall be at least 1520 percent of the total gross land area of the development All wetlands and or riparian buffer areas shall be designated as common open space , however , these areas will not count toward the amount of required open space The board of commissioners may accept alternatives to these minimum requirements with the use of public or private amenities Any proposed reduction or area exchange involving previously recorded open space or amenities must be approved by the planning board The applicant must provide sufficient information on why the change is requested and why no other alternative exists The developer shall record a document specific to the responsibility and continued maintenance of common open space and recreation areas This may be part of restrictive conveyances or a separate document The document shall contain the content as required by the design manual A separation of responsibility shall be established for residential and commercial common areas b At minimum , 50 percent of the total amount of open space required shall be located throughout the residential area These integrated areas shall be no less than 20,000 square feet and designed as to invite residents for passive and or active recreation uses A mix of designs shall be encouraged such as neighborhood parks , playgrounds ; and corridors for walking trails A portion of these areas may be built upon for amenities c A summary of amenities must be provided upon PDM submittal The summary shall contain the content as required by the design manual A phasing plan for amenities shall be provided and amenities shall at minimum be phased with the construction of the dwelling units Once 25 percent of the dwelling units have been constructed a minimum of 25 percent of the amenities must be completed Additionally as development progresses 50 percent of the amenities are required at 50 percent dwelling unit construction , and 75 percent of amenities to be completed at 75 percent dwelling unit construction Amenity locations and type shall be noted on the final plat at recording Any change to previously recorded amenities must be approved by the planning board d Amenities shall be of a type which enhances the use of the open space These types shall include playgrounds ; parks with shelters , benches , managed turf fields ; walking running trails ; clubhouses ; pools ; tennis ball courts ; golf courses ; and other like improvements e Land provided or dedicated for common open space or recreation purposes shall be designated on a final plat duly recorded with the county register of deeds Such common open space land may be dedicated or deeded to an appropriate public body upon their acceptance , land trust , nonprofit , or for profit organization established for the purpose of land conservation or recreational purposes ; or create a neighborhood or homeowners association for the continuing maintenance and control of common open space or recreation area ; or , held by the owner subject to the recording of a permanent conservation easement or similar open space or recreational land dedication 6 Payments in lieu of provision or dedication In lieu of providing or dedicating the required minimum common open space or recreation area required pursuant to this section , a developer of a subdivision or planned development may , with the approval of the board of commissioners , where appropriate , make a payment to the county whereby the county may acquire common open space land The county shall use such payment only for the acquisition or development of open space , recreation , or park sites to serve residents of the county The amount of the payment shall be the product of the total number of dwelling units recorded multiplied by the fee established in the countys annual schedule of fees The developer shall make the payment before approval of a final plat 7 Design standards All design standards specified in articles III and VI and in the countys design manual in effect at the time a proposal is being reviewed shall apply to the design of PDM as defined by this article with the following provisions a Site analysis Any application for mixed use development shall include a site evaluation analysis which identifies the physical character and structure of the site Elements of the site to be investigated include topography , soil conditions , slope conditions , drainage patterns , vegetation , subsurface constraints , and any other existing conditions b Street sidewalks A minimum five - foot - wide ADA compliant sidewalk shall be provided along both sides of the street throughout the residential areas and connecting to the commercial areas of the development 1 The sidewalk , where situations permit , shall be at the edge of the right - of - way , creating a minimum six - foot separation between the edge of pavement and edge of sidewalk If curb and gutter is utilized then the sidewalk shall be at least two feet from the back of curb Where necessary , sidewalks easements may be utilized due to constraints with topography 2 Crosswalks shall be provided , where necessary , to provided organized and efficient circulation within the development 3 Where sidewalks are proposed between residential lots used to connect areas within the development , ten - foot fee simple open space shall be utilized 8 Additions to approved planned development - mixed use Development tracts of at least 20 acres can meet the mixed use threshold in the following manner a Development is proposed on a tract of land that is at least 20 acres may include parcels on both sides of a public street if at least ten acres of the total are located on both sides of the street b The proposed development tract is adjacent to , or across a public street from , a planned development - mixed use that has been approved by the board of commissioners in accordance with the provisions of this article c The proposed uses , circulation patterns and buffers are demonstrated to be compatible with the adjacent approved mixed use development In addition , landscape treatments and architecture shall be in harmony and compatible with the adjacent approved mixed use development to the extent such landscape treatments and architecture have been specified inPagePage pageNumber9507 August 3 , 2020 – 6 00 pm Continued the adjacent special use permit approved by the board of commissioners Uses for the proposed tract shall conform to requirements of this chapter 9 Alternative energy systems Provisions of sections 14 - 115 through 14 - 119 shall apply to all residential areas , and provisions of sections 14 - 121 and 14 - 122 shall apply to all commercial areas Sec 14 - 155 - Standards for design of noncommercial lots in a minor subdivision Lots created pursuant to these provisions shall meet the following minimum design standards a Minimum land area need to subdivide a lot is 133 137 acres based on a 15 - 145 unit - per - acre density 30,000 square feet minimum lot size for lots served by public water , or 2 acres based on one - unit - per - acre density for lots served by well and septic 40,000 square feet minimum lot size Minimum land area needed to subdivide a lot in the Water Supply Watershed Protection District or Environmentally Sensitive Area District is 2 acres based on 1 unit per acre density 40,000 square feet minimum lot size for lots served by public water or well b Lots shall front on an existing public right - of - way , have access to an existing access easement , or have an easement created to serve the lots c Lots or residual lots shall not be created as nonbuildable Each lot or residual lot must be reviewed and approved as buildable which must contain a system for wastewater disposal , [ and ] contain sufficient area for all structures to meet building setbacks Nonbuildable lot exception lots in which no buildable area exists due to scale and extent of hydrological features such as ponds , wetlands , floodway zones , or riparian buffers Johnston County , NC Code of Ordinances ARTICLE X - NONCONFORMITIES Sec 14 - 551 - Intent Sec 14 - 552 - Nonconforming lots Sec 14 - 553 - Nonconforming uses Sec 14 - 554 - Nonconforming features Sec 14 - 555 - Nonconforming signs Sec 14 - 556 - Repairs and maintenance Sec 14 - 557 - Nonconformity survey and notice Secs 14 - 558 — 14 - 590 - Reserved Sec 14 - 551 - Intent It is the intent of this article to recognize that the eventual elimination , as expeditiously as is reasonable , of existing uses or structures that are not in conformance with the provisions of this chapter is as much a subject of health , safety , and welfare as is the prevention of the establishment of new uses or structures that would violate the provisions of this chapter It is also the intent of this article that any elimination of nonconformities shall be effected so far as to avoid any unreasonable invasion of established private property rights Ord of 7 - 10 - 2000 , § 121 Sec 14 - 552 - Nonconforming lots a Definition A nonconforming lot is a lot that was lawfully created or approved as part of a preliminary subdivision plat that remains valid and unexpired , or for which a subdivision application was lawfully submitted in accordance with article III of this Chapter , prior to the effective date of this article or a subsequent amendment thereto , but does not conform to the minimum land area or minimum lot width requirements established in article II of this chapter for the zoning district in which it is located b Use Nonconforming lots may be used , developed , or improved in accordance with the applicable use , intensity , setback and height regulations provided in article II of this chapter However , any use , such as a two - family or multifamily dwelling , that requires a greater land area than the minimum land area listed in article II of this chapter for the appropriate zoning district shall not be permitted on a lot which does not conform to such minimum land area requirement If compliance with applicable setback regulations is not reasonably possible for a structure intended on a nonconforming lot , the nonconforming lot may be used as a building site subject to the granting of a variance from such setback regulations by the board of adjustment in accordance with the provisions of this article Ord of 7 - 10 - 2000 , § 122 ; Ord of 11 - 13 - 2000 , § 1222 Sec 14 - 553 - Nonconforming uses a Definition A nonconforming use is a use of land , buildings , or structures that was lawfully established prior to the effective date of this chapter , or a subsequent amendment thereto , but does not conform to the use regulations of article II of this chapter for the zoning district in which it is located b Regulations Nonconforming uses may be continued subject to the following limitations 1 No nonconforming use shall be extended , expanded , enlarged , or moved to occupy a different or greater area of land , buildings , or structures than was occupied by such use at the time it became nonconforming , provided that a nonconforming use may be extended throughout any parts of a building which were specifically designed and arranged for such use at the time it became nonconforming 2 No building or structure devoted to a nonconforming use shall be enlarged , extended , reconstructed , moved , or structurally altered unless such building or structure is thereafter devoted to a conforming use 3 When a building or structure devoted to a nonconforming use is damaged to the extent of 50 percent or more of its current assessed taxable value , such a building , if restored , shall thereafter be devoted to conforming uses 4 If a nonconforming use ceases for more than 120 consecutive days or a total of 180 days in any 12 - month period , subsequent use of the land or structures previously devoted to such use shall thereafter be devoted to conforming uses c Discontinuance Except as otherwise provided in this section , any nonconforming use of land and any nonconforming use of structures with a total replacement cost of less than 5,00000 at the time such use became nonconforming shall cease within five years after the date of notice of nonconformity required in section 14 - 557 , or within 20 years after thePage0508 August 3 , 2020 – 6 00 pm Continued construction of such structures , whichever is later Ord of 7 - 10 - 2000 , § 123 Sec 14 - 554 - Nonconforming features a Definition A nonconforming feature is a physical feature or characteristic of a use , building , structure or other development or land that was lawfully established prior to the effective date of this chapter or a subsequent amendment thereto , but does not conform to the intensity regulations of article II or the design standards of article VI of this chapter applicable to such use , building , structure or development of land Nonconforming features include , but are not limited to , physical features and characteristics of development that exceed allowable maximum standards height , etc , and those that lack or fall short of required minimum standards setbacks , open space recreation space , parking and loading spaces , access and circulation arrangement and design , water supply and sewage disposal arrangement , and landscaping requirements b Regulations Nonconforming features may be continued subject to the following limitations 1 Action shall be taken which increases the degree or extent of the nonconforming feature Any enlargement , extension or structural alteration shall conform to all current requirements of this article 2 When a building , structure , or other development of land having a nonconforming feature is damaged or demolished to the extent of 50 percent or more of its assessed taxable value , such building , structure , or development of land may be reconstructed only if the nonconforming feature is eliminated and the building or structure shall thereafter conform to the provisions of this chapter c Discontinuance Any sign having a nonconforming feature shall be either eliminated or made to conform with the provisions of this chapter when any substantial alteration to the sign is proposed Any building , structurally independent or freestanding structure other than a sign , or other development of land , fencing , parking area , or accessory structure having a nonconforming feature and having a replacement of correction cost of less than 5,00000 shall be either eliminated or made to conform with the provisions of this chapter , within three years after the date of the notice of nonconformity required in section 14 - 557 Ord of 7 - 10 - 2000 , § 124 Sec 14 - 555 - Nonconforming signs a Definition A nonconforming sign is a sign that was lawfully established prior to the effective date of this chapter or a subsequent amendment thereto , but does not conform to the design standards of article VI of this chapter applicable to such sign b Regulations Nonconforming signs may be continued subject to the following limitations 1 No nonconforming sign , including its permanent message or its structure , shall be extended , enlarged , moved , or otherwise altered unless such sign is made to conform to the current regulations of this chapter 2 When a nonconforming sign is damaged or demolished to the extent where more than 50 percent of its display area requires replacement , such sign shall be eliminated or made to conform to the current regulations of this chapter 3 When the repair or replacement cost of a nonconforming sign exceeds 2,50000 for a sign located on a wood base , or 6,00000 for a sign located on a metal base , such sign shall be eliminated or made to conform to the current regulations of this chapter c Amortization Any nonconforming sign shall be either eliminated or made to conform to current regulations of this chapter in accordance with the following schedule 1 Any nonconforming sign that does not conform to the requirements of section 14 - 505 , traffic safety precautions , shall be either eliminated or made to conform to the current regulations of this chapter within 120 days after the date of notice of nonconformity required is section 14 - 557 2 Any nonconforming sign that is exempt from regulation under subsection 14 - 504 , but does not conform to the temporary sign limitations in section 14 - 504 , shall be either eliminated or made to conform to the current regulations of this chapter within 120 days after the date of notice of nonconformity required in section 14 - 557 Ord of 7 - 10 - 2000 , § 125 ; Ord of 11 - 13 - 2000 , § § 1252 , 1253 Sec 14 - 556 - Repairs and maintenance a Minor repairs to and routine maintenance of land , buildings , structures , or to other development of land or portion thereof , devoted to a nonconforming use or having nonconforming features are permitted , provided the cost of such repairs and maintenance within any 12 - month period does not exceed 30 percent of the current assessed taxable value of the land , building , structure , or other development of land , or portion thereof b Any structure or other development of land , or portion thereof , devoted to a nonconforming use or having a nonconforming feature , that is declared unsafe by the building inspector because of lack of repairs and maintenance , shall not be repaired , restored , or used except in conformity with the provisions of this chapter c Any structure or other development of land , or portion thereof , devoted to a nonconforming use or having a nonconforming feature , that is declared unsafe by the building inspector , but not because of lack of repairs or maintenance , may be repaired and restored subject to the requirements of sections 14 - 553 b and 14 - 554 b Ord of 7 - 10 - 2000 , § 126 Sec 14 - 557 - Nonconformity survey and notice a Within 18 months after the effective date of this chapter , or subsequent amendment thereto , the county manager shall attempt to conduct an inventory of all nonconforming uses , lots and other significant features existing within the countys jurisdiction b Upon completion of the inventory , the county manager , or his assigns , shall notify the owner of the nonconforming lot , or the property on which each nonconformity is located , of the determination of nonconformity , the reasons thereof , and the deadlines , where applicable , for compliance with the provisions of this article as amended c The requirements of this section shall not preclude the further inventory and subsequent notices of nonconformity Ord of 7 - 10 - 2000 , § 127 Secs 14 - 558 — 14 - 590 –Page1509 August 3 , 2020 – 6 00 pm ContinuedPage2510 August 3 , 2020 – 6 00 pm Continued Mr Newton requested the Board to strike the amendments to Section 14 - 257 I 4 b and lines 8 , 10 , and 11 within the Table of Permitted Uses that pertain to Municipal Transition Districts from consideration as they were accidentally included but should have been removed from the agenda packet exhibits Note The amendments above include the revisions as requested by the Planning Director Upon a question by Commissioner Larry Wood , Mr Newton explained that under the proposed amendments in the Agricultural Residential District , lots on a public water supply system must have a minimum lot size of 30,000 square feet while lots on an individual well and septic tank shall have a minimum lot size of 40,000 square feet At the inquiry of Commissioner Chad M Stewart , Mr Newton stated for lots in the Environmentally Sensitive Area District and the Water Supply Watershed Protection District , the minimum lot size is proposed at 40,000 square feet Commissioner Butch Lawter asked what the current average lot size is in the County Mr Newton responded that currently the average lot size in the County is somewhere between 20,000 to 25,000 square feet ; however , he noted that there is a standard of deviation to consider as there are some lots as small as 19,000 square feet and others as large as three or four acres , depending on the type of development Chairman Ted G Godwin stated he has been in favor of establishing a minimum lot size of 40,000 square feet since the Board began discussing the issue Commissioner Stewart stated while he agrees with Chairman Godwin , the amendments as proposed have been presented to the public and the development community and he feels like there is a consensus to adopt them as presented Commissioner Stewart commented that what he is hearing from the public is that the Board has been discussing the issue for some time and citizens are frustrated that nothing has been done Commissioner Stewart asked about updates to the Comprehensive Land Use Plan Mr Newton responded that staff is hoping to have an updated Comprehensive Land Use Plan finished in approximately a year and the updated plan could prompt additional changes within the Land Development Code Mr Newton stated typically when updating a Comprehensive Land Use Plan one of the components of that process is to establish goals to better manage development , which often necessitates changes to the Land Development Code Mr Newton stated once the Board adopts an updated Comprehensive Land Use Plan it is possible there could be a complete rewriting of the Land Development Code At the request of Commissioner Wood , Mr Newton reviewed with the Board the differences between a modular home and a manufactured or mobile home and their definitions Mr Newton stated currently , single - wide mobile homes require one acre of land and no changes to that standard has been proposed in the amendments under consideration Mr Newton stated the one acre requirement for a single - wide mobile home was put into place many years ago and he is unsure of the circumstances surrounding that decision Mr Newton stated if the Board would like to consider a change to that standard , it would necessitate another public hearing Page3511 August 3 , 2020 – 6 00 pm Continued James Lipscomb , 3407 Barber Mill Road , Clayton , stated he has been developing real estate in Johnston County over the past 27 years and has multiple projects in the County Mr Lipscomb spoke on the developments he currently has underway and how the minimum lot size standard would affect the number of lots within those developments Mr Lipscomb stated he thinks more time and effort should be put into the lot size discussion in an effort to determine how that decision affects all parties including developers , potential homeowners , and property owners Mr Lipscomb stated he is glad to see the County moving forward with updating the Comprehensive Land Use Plan At the request of the Board , Mr Newton continued his review of the proposed amendments Upon a question by Commissioner Stewart , Mr Newton stated while the amendments would resolve some issues , the Board can make a larger impact through the update of the Comprehensive Land Use Plan At the inquiry of Commissioner Tony Braswell , Mr Newton explained that when a special use is requested the request is vetted through the Technical Review Committee He stated the Technical Review Committee is a staff level review composed of various county agencies as well as the North Carolina Department of Transportation and Johnston County Schools Mr Newton stated during that review , each respective agency looks at the development’s impact on their ability to provide services Mr Newton finalized his review of the proposed amendments and offered to answer any additional questions by the Board There being no further comments , the Chairman closed the public hearing Commissioner Lawter commented on the difficulties of adopting ordinances and policies for the County as a whole and stated he looks forward to updating the Comprehensive Land Use Plan where the Board can look at specific areas and design strategic ordinances that better fit the County Commissioner Lawter also stated he would like to look at the Residential Sewer Service Policy stating he does not believe it is in the County’s best interest to continue extending residential sewer to the unincorporated areas of