December 3, 2018 - 6:00 pm - County Board of Commissioners Meeting Minutes (Zoning)

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10 545 Meeting of the Johnston County Board of Commissioners December 3 , 2018 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 3 , 2018 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 6 00 pm and the following business was transacted Chairman Godwin took a moment to recognize and thank Commissioner Jeffrey P Carver for serving as Chairman the past two years Chairman Godwin thanked Commissioner Carver for his diligence , leadership , and for what he has done for Johnston County Cub Scout Pack 64 led those in attendance in the Pledge of Allegiance to the American Flag 1 Public Comment A Update from Flowers Plantation Reid Stephenson , representing Flowers Plantation , provided the Board with a brief update stating he is pleased to report that the East Neuse River Parkway , which was a requirement when the PUD was approved in 1998 , will be opening within the next week and an announcement will be forthcoming B Citizen Comments – John Langdon John Langdon , 7728 Raleigh Road , Benson , addressed the Board and expressed his concerns with residential growth management in Johnston County Mr Langdon spoke on his concerns regarding how residential development and existing farming operations affect each other Mr Langdon asked the Board to pause and study the situation in an effort to learn how the two can better live together Mr Langdon thanked the County for coming into compliance with the recently enacted Farm Act , noting that Johnston and Gaston Counties are probably the only two counties in the State that have addressed compliance with the legislation Mr Langdon spoke on the importance of agricultural operations and encouraged the Board to look closely at the matter The Board thanked Mr Langdon for his comments Commissioner Chad M Stewart stated that he met with Mr Langdon and he is trying to find solutions that both parties can be satisfied with 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – November 23 and 30 , 2018 ; The Johnstonian News and The News in Review – November 21 and 28 , 2018 Certified letters were mailed to adjoining property owners on November 19 , 2018 Notices were posted at the locations on October 1 , 2018 for Cases 18 - 20 and 18 - 21 The Chairman opened the Rezoning Hearing for Case 18 - 20 Case 18 - 20 Petition to rezone 215 acres of a 20 acre tract located at 9875 - B Hinnant - Edgerton Rd in Beulah Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 03R02046C Owner Reginald & Mary Jo Grantham Applicant Mary Jo Snipes Grantham Planning Director Braston Newton stated the petition is to rezone 215 acres of a 20 acre tract located at 9875 - B Hinnant - Edgerton Road in Beulah Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning is to allow for a dog boarding facility Mr Newton stated the site is currently used for residential purposes The surrounding land uses are zonedPage546 December 3 , 2018 – 6 00 pm Continued Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Agriculture Rural Conservations Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low levels of growth pressures are anticipated over the next 20 years Applicant Mary Jo Snipes Grantham stated they would like to operate a dog boarding facility on the site Ms Grantham stated she researched the area and there are no other dog boarding facilities within a ten mile radius of the site Ms Grantham reported she spoke with the nearby property owners and they have no objections to her plans She explained the operation would be a small facility and they have been in touch with the North Carolina Department of Agriculture who will be working with them on sanitation and ventilation requirements Ms Grantham stated there would be no employees with the business being operated by her and her daughter - in - law She further noted there would be no fencing and when the dogs are outside they would be supervised at all times on a leash 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 18 - 20 Decision on Rezoning Case 18 - 20 Case 18 - 20 Petition to rezone 215 acres of a 20 acre tract located at 9875 - B Hinnant - Edgerton Rd in Beulah Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 03R02046C Owner Reginald & Mary Jo Grantham Applicant Mary Jo Snipes Grantham Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 20 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 18 - 20 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 03R02046C located at 9875 - B Hinnant - Edgerton Rd , as shown on the attached Exhibit A , from Agricultural Residential to General Business - Special Use District to allow for a dog boarding facility WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 3A Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County Page547 December 3 , 2018 – 6 00 pm Continued 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed zoning is compatible with surrounding land uses and zoning districts In addition , conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business – Special Use District GB - SUD rd Adopted this the 3 day of December , 2018 The Chairman opened the Special Use Hearing for Case 18 - 20 Case 18 - 20 To allow for a dog boarding facility Owner Reginald & Mary Jo Grantham Applicant Mary Jo Snipes Grantham Those wishing to speak on Special Use Case 18 - 20 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 dog boarding facility 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 18 - 20 on September 4 , 2018 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 October 16 , 2018 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 18 - 19 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 18 - 20 , seconded by Mr Caldwell , the Planning Board approved Rezoning Case 18 - 20 with a unanimous vote of 8 - 0 at the October 16th , 2018 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 18 - 20 with scratching Condition # 4 , seconded by Mr Creech , the Planning Board approved the Special Use Conditions for Rezoning Case 18 - 20 with a unanimous vote of 8 - 0 at the October 16th , 2018 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The kennel will be a 12 ’ x 36 ’ wholly enclosed pre - fabricated building located on the applicant’s property The building is constructed of wood with wood siding and will be insulated to reduce noise Dogs will be housed in the climate controlled building at all times other than at exercise and relief times Dogs will be walked on a leash at all times of exercise and relief In order to maintain safety and control , no more than two dogs will be walked simultaneously at any given time 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 applicant will work with Johnston County Land Use Center to obtain all required permits including plumbing , electrical , and additional building permits for kennel construction as required The applicant has already obtained an Industrial process subsurface wastewater system design by the Johnston County Health Department , Environmental Health Division application # 141514 dated 6 12 2018 The applicant will work with NC Department of Agriculture and consumer services , Animal welfare section veterinary division to obtain a boarding kennel license 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 applicant has researched surrounding areas and no licensed boarding facilities have been locatedPage548 December 3 , 2018 – 6 00 pm Continued within a 10 mile radius of the requested area to be rezoned No facilities offering a 24 - hour on site care have been located within a research radial area of 25 miles Due to the small size of the facility , additional highway traffic in the proposed area should be at a minimum As stated in question # 1 , the facility will be constructed in such a manner to keep noise and odor at a minimum , as well 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 development and use conforms , and is in agreement with , the general plans for the physical development of the county’s planning jurisdiction as embodied in the Land Development Code Specific Land Uses APPLICANT Dog Boarding Facility Special Use Conditions 1 Permitted Uses Dog Boarding Facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Sunday , 24 - hour facility 7 Signage must comply with the County’s sign code 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties Mr Newton listed and reviewed the special use conditions with the Board At the inquiry of Chairman Ted G Godwin , Mr Newton stated special condition # 4 regarding the landscape buffer is recommended for removal by the Planning Board since the applicant also owns the surrounding property Applicant Mary Jo Snipes Grantham offered to answer any questions and asked the Board to consider striking condition # 4 as she does own all the surrounding property There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 18 - 20 Decision on Special Use Case 18 - 20 Case 18 - 20 To allow for a dog boarding facility Owner Reginald & Mary Jo Grantham Applicant Mary Jo Snipes Grantham Based on the following findings of facts and special use conditions striking condition # 4 regarding landscape buffering , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 18 - 20 to allow for a dog boarding facility on 215 acres of a 20 acre tract located at 9875 - B Hinnant - Edgerton Road in Beulah Township Commissioner Larry Wood seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The kennel will be a 12 ’ x 36 ’ wholly enclosed pre - fabricated building located on the applicant’s property The building is constructed of wood with wood siding and will be insulated to reduce noise Dogs will be housed in the climate controlled building at all times other than at exercise and relief times Dogs will be walked on a leash at all times of exercise and relief In order to maintain safety and control , no more than two dogs will be walked simultaneously at any given time 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 applicant will work with Johnston County Land Use Center to obtain all required permits including plumbing , electrical , and additional building permits for kennel construction as required The applicant has already obtained an Industrial process subsurface wastewater system design by the Johnston County Health Department , Environmental Health Division application # 141514 dated 6 12 2018 The applicant will work with NC Department ofPagePage pageNumber5549 December 3 , 2018 – 6 00 pm Continued Agriculture and consumer services , Animal welfare section veterinary division to obtain a boarding kennel license 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 applicant has researched surrounding areas and no licensed boarding facilities have been located within a 10 mile radius of the requested area to be rezoned No facilities offering a 24 - hour on site care have been located within a research radial area of 25 miles Due to the small size of the facility , additional highway traffic in the proposed area should be at a minimum As stated in question # 1 , the facility will be constructed in such a manner to keep noise and odor at a minimum , as well 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 development and use conforms , and is in agreement with , the general plans for the physical development of the county’s planning jurisdiction as embodied in the Land Development Code Specific Land Uses APPLICANT Dog Boarding Facility Special Use Conditions 1 Permitted Uses Dog Boarding Facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 5 Hours of operation shall be Monday through Sunday , 24 - hour facility 6 Signage must comply with the County’s sign code 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 18 - 21 Case 18 - 21 Petition to rezone 1321 acres located at 3719 NC Hwy 42 in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 05F02005E Owner Donna & Scott Boatright Applicant Total Properties , LLC Planning Director Braston Newton stated the petition is to rezone 1321 acres located at 3719 NC Hwy 42 in the Cleveland Township from Agricultural Residential to General Business Mr Newton stated the site is currently used for residential and agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes as well as General Business – Special Use District and used for gas station convenience stores 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 In addition , this site is located at a community center activity node Dale Lands , 7234 Cornwallis Road , representing Applicant Total Properties , LLC , asked for the rezoning to be approved stating they would like to put a family business on the site Upon a question by Chairman Ted G Godwin , Mr Lands stated his family has three businesses consisting of real estate , a hair salon , and a construction company and they would like to use the site for those businesses There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 18 - 21 Decision on Rezoning Case 18 - 21 Case 18 - 21 Petition to rezone 1321 acres located at 3719 NC Hwy 42 in the Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 05F02005E Owner Donna & Scott Boatright Applicant Total Properties , LLC Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 18 - 21 Commissioner Larry Wood seconded the motion which carried by unanimous vote PagePage pageNumber6550 December 3 , 2018 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 18 - 21 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 05F02005E located at 3719 NC Hwy 42 , as shown on the attached Exhibit A , from Agricultural Residential to General Business WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County In addition , this site is located within a “ neighborhood - center activity node ” which denotes an area in which commercial uses are suitable 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The General Business zoning is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business GB rd Adopted this the 3 day of December , 2018 3 Planning Activity Report Planning Director Braston Newton presented the following Planning Activity Reports for the months of October and November 2018 Monthly Activity Report – October 2018 CPB REZONINGS Proposed for October 2018 Special Use Straight Zoning Totals Approved 2018 Cases 1 1 2 21 Total Acres 0215 1321 1536 26152 SUBDIVISIONS Approved Approved 2018 2017 Proposed Re - submittals Major Subdivisions 36 32 3 - - - - Total Lots 1431 1019 126 - - - - Total Acres 149138 1247 15196 - - - - Open Space Acres 16952 19095 443 - - - - Fee - in - Lieu 398,000 252,800 38,400 - - - - Minors 144 155 Total Lots 256 254 Total Acres 71370 65926 Valid Lots 11,379 Adjustments 195 added , 81 removed never developed or recorded PagePage pageNumber7551 December 3 , 2018 – 6 00 pm Continued Monthly Activity Report – November 2018 CPB REZONINGS Proposed for November 2018 Special Use Straight Zoning Totals Approved 2018 Cases 0 2 2 23 Total Acres 0 370 370 263271 SUBDIVISIONS Approved Approved 2018 2017 Proposed Re - submittals Major Subdivisions 39 37 5 - - - - Total Lots 1557 1,138 315 - - - - Total Acres 164334 1,37760 38867 - - - - Open Space Acres 17395 1983 - - - - - - - - Fee - in - Lieu 436,400 282,400 123,200 - - - - Minors 166 177 Total Lots 294 292 Total Acres 80193 75773 Valid Lots 11,402 Adjustments 126 added , 103 removed never developed or recorded 4 Growth Management Discussion Planning Director Braston Newton stated with regards to growth management discussions , the process actually began in mid to late summer of 2016 by former Planning Director Berry Gray and his staff at that time He noted also that several years ago , a Blue Ribbon Committee was created which consisted of approximately 20 people that looked at many issues , one of which was growth management Mr Newton continued that in the process , there were a series of public meetings held where stakeholders were invited from all facets of the community to allow them an opportunity to provide input concerning growth management He stated out of those meetings , a series of ordinance revisions were proposed and over a period of many months , those revision options were whittled down from 23 to 9 , as follows 2018 Development Ordinance Options 1 Section 14 - 257 k 4 b - Density calculation for Housing Planned Developments Special Use Currently 15 units per acre based on gross land area Adjust to exclude unusable land in determining density such as floodplains , right of ways , wetlands and riparian buffers This would be similar to how open space percentage is calculated 2 Section 14 - 898 - IHI currently allows for multifamily at 15 units per acre as a permitted use Change to Special Use 3 Section 14 - 75 c 12 – Remove this subsection completely Currently allows for two family dwellings at densities greater than 15 units per acre as a special use 4 Section 14 - 77 d 1 & 2 – Reduce density for Mobile Home Parks from 3 or 4 units per acre to 15 units per acre and adjust density calculation based on usable land as in Option # 1 5 Section 14 - 75 g , Section 14 - 257 k 6 a , Section 14 - 257 l 5 a and Section 7G 5 – For regular subdivisions and Planned Developments Special Uses , consider adjusting fee schedule to increase open space fee Current fee is 400 per lot 6 Section 14 - 75 g – Add environmentally sensitive and natural areas to be required as part of open space which already includes wetlands and riparian buffers These areas are identified in the Inventory of Significant Natural Areas in Johnston County , NC 7 Section 14 - 226 i and Section 7 D - Require left turn lanes for subdivisions based on a particular number of lots , built to NC DOT Standards 8 Section 14 - 173a – Require that a soils report be submitted with the subdivision application 9 Allow a certain amount of offsite septic within open space to allow for grouping of septic tanks and allow for smaller lots added as part of discussions between certain developers and the County Admin and Env Health Mr Newton also submitted to the Board the following current reading of the ordinance sections considered for revision and reviewed the information with the Board PagePage pageNumber8552 December 3 , 2018 – 6 00 pm Continued Current Reading of Ordinance Sections Considered for Revision Section 14 - 257 k 4 b 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 Section 14 - 898 Multifamily ; Permitted in IHI ; Limited to 15 du ac density Section 14 - 75 c 12 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 Two - family dwellings duplex and two unit townhouse meeting or exceeding the requirements of subsections b 12 and 13 with a density greater than 15 units per acre These developments should be served by sewer and located within the sewer service areas Section 14 - 77 d 1 & 2 d Permitted uses The following uses are permitted as a principal use in a resort residential district 1 An individual mobile home that utilizes a public water and sewer system at a density of four dwelling units per acre based on the gross land area of the mobile home park ; or 2 An individual mobile home that utilized a public water system and septic tank at a density of three dwelling units per acre based on the gross land area of the mobile home park Section 14 - 75 g g Minimum common open space or recreation area Where common open space or recreational area must be provided or dedicated as part of a residential development , its total land area shall be at least 15 percent of the total gross land area of the development Where amenities are proposed , a reduction in the required minimum acreage may be approved by the planning board For subdivisions with less then two acres of open space , the planning board shall determine if the location , design , use , and area provide a benefit to the community , require revision , or proposal of fee - in - lieu The required open space shall be contiguous , unless it is determined by the planning board that the required open space can be split and located at different places in a subdivision Wherever possible , open space and recreation areas should be located as to abut existing open space in adjacent developments or phases If a proposed subdivision contains wetlands and or riparian or stream buffer areas , or overhead electric utility easements , they must be designated as common open space However , these areas will not count toward the amount of required open space No off - site septic areas for the benefit of residential lots can be included within the open space Any proposed reduction or change 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 Section 14 - 173 Application submittal requirements Applications for major subdivision preliminary plat approval shall be filed with the planning department The planning board shall prescribe the form of applications , as well as any other material it may reasonably require to determine compliance with this division The planning director shall not accept an application unless it complies with such requirements , including written confirmation that the applicant is the owner or agent having a valid ownership interest , or a valid enforceable contract or option for an ownership interest in the property involved An incomplete application shall be returned to the applicant , with a notation of its deficiencies Mr Newton stated the intent is not to stifle or stop growth , but rather to manage it and make sure it is compatible and beneficial for everyone He stated there is no sweeping or grand gesture to begin managing growth all at once , and he believes the issue must be addressed through small strides making sure to include everyone who would be impacted Mr Newton suggested taking the issues back to the Planning Board as well as reinitiating some type of committee but on a smaller scale than the original Blue Ribbon Committee PagePage pageNumber9553 December 3 , 2018 – 6 00 pm Continued Commissioner Chad M Stewart commented that with regards to the Blue Ribbon Committee from years ago , what he has heard from citizens about that Committee is that none of their recommendations were ever put into place County Manager Rick Hester recalled that some of the recommendations from the Blue Ribbon Committee were enacted while others were not Mr Hester stated he does not think the Blue Ribbon Committee discussed growth management in the detail listed in the 2018 Development Ordinance Options as submitted by Mr Newton He noted that Committee talked about many things besides growth issues , including revaluation and finance and made more broad recommendations Mr Newton stated this time he would recommend a much smaller committee in an effort to better understand the perspectives of all involved Mr Newton stated he would also recommend a series of public meetings that would be open to anyone who wishes to provide feedback because it is important that the public be allowed to have their say Mr Newton noted he would like to take those meetings into the communities for the public’s convenience Upon a question by Commissioner Tony Braswell , Mr Newton stated the new committee’s scope would be to compile input received from the public and make recommendations Mr Hester retrieved and shared with the Board the recommendations from the original Blue Ribbon Committee in September of 2007 and noted which of those recommendations were implemented The Board continued to discuss the issues that come with extensive growth and the need to establish plans and policies to better manage development as well as ways to create better relationships between development and farming operations Chairman Godwin stated one problem is the Board of Commissioners only regularly meets once a month unless there is a special called meeting Chairman Godwin suggested that he along with two other Commissioners begin meeting on a regular basis with staff to narrow down possible solutions as well as with the small committee as Mr Newton recommended It was the consensus of the Board for Chairman Ted G Godwin and two other Commissioners to begin meeting with staff and a small committee to analyze the information as submitted by Mr Newton in an effort to get the process moving It was also the consensus of the Board for the Planning staff to schedule community meetings and receive feedback from the citizens 5 Manager Reports and Comments A Compliance with the NC Farm Act County Manager Rick Hester noted that Mr John Langdon , during Public Comment , mentioned that Johnston County has been working to comply with the recently enacted NC Farm Act Mr Hester reported that information can be found on the County’s website through the Register of Deeds Office and GIS Department He thanked County Attorney Jennifer Slusser and all those that had a part in making that project happen B NC Geodetic Survey Assistance Per the request of County Manager Rick Hester , upon a motion by Commissioner Butch Lawter , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board appointed GIS Director Rhonda Norris as Johnston County’s representative to work with the North Carolina Geodetic Survey Agency on a project that clarifies any potential disputed county boundaries 6 Board Reports and Comments Commissioner Chad M Stewart stated he thinks the discussion regarding growth management was very beneficial and he thanked Planning Director Braston Newton for pulling the information together and getting the process started Page0554 December 3 , 2018 – 6 00 pm Continued There being no further business , Commissioner Larry Wood moved the Board adjourn Commissioner Chad M Stewart seconded the motion , which carried by unanimous vote The meeting adjourned at 7 05 pm Ted G Godwin , Chairman Paula G Woodard , Clerk to the BoardPage
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