February 21, 2023 - Planning Board Full Packet

Johnston County Planning BoardFebruary 21, 2023-600 PMJohnston County CourthouseCounty Commissioners RoomSmithfield, North Carolina1 PLEDGE OF ALLEGIANCE2 APPROVAL OF THE MINUTESFlOm the January 18, 2023 Planning Board Meeting3 Election of Officers600pm Subdivision Review4 SUBDMSIONS Speakers to be Sworn In• Moore Meadows January 2023 257 acres, 3 lots 1039 Thompson Rd SR 1150near Carpenter Dr in lngrams Township• Surles Rd Tract 2622 acres, 19 lots Surles Rd north of NC Hwy 242 S inBanner Township600pm or after Public Hearings5 REZONING AND CONDITIONAL ZONING CASESCASE 23-07Rezoning Petition Petition to rezone 311 acres located at 479 B 479 CCornwallis Rd in the Cleveland Township from Agricultural Residential AR toGeneral Business GBTax ID 06E03002D, 06E03003JOwner Profile Construction, IncApplicant Brian Gower-Profile Construction, IncCASE 23-08Rezoning Petition Petition to remove 1547 acres located at 5842 NC Hwy 42W in the Cleveland Township from the Environmentally Sensitive Area ESATax ID 0600 I 008BOwner Triple B #32-Mast, LLCApplicant Triple B # 32-Mast, LLC6 DISCUSSION ITEMS7 INFORMATION ITEMS8 NEXT MEETING Match 21, 2023-6pm9 ADJOURNMENTDRAFTMEETING OF THE JOHNSTON COUNTY PLANNING BOARDWednesday, January 18, 2023 600 pmThe Johnston County Planning Board met in regular session on Wednesday, January 18,2023 at 600 pm in the County Commissioners Meeting Room, Johnston CountyCourthouse Annex, Smithfield, NC with the following membersPresent Denise Byrd, Michelle Davis, Nicole Hackler, Brooke Holmes, Debbie Howard,Will Letchworth, Timothy Little, Matthew MooreAbsent Freddie Hudson, BOE RepresentativeAlso present Braston Newton, Director; Todd Marr, Planner; Cameron Pittman, Planner;Jennifer Slusser, County Attorney; April Stephens, BOCC RepresentativeChairman Letchworth opened the meeting at 600 pm with the Pledge of Allegiance ledby Ms ByrdAll speakers were sworn inApproval of the MinutesUpon a motion by Mr Moore to approve the December 20th Planning Board Minutes,seconded by Ms Holmes, and carried by a unanimous vote of 7-0, the December 20, 2022Planning Board Minutes were approved as presentedSubdivisionsFish Hawk Ranch Phase 3Owner Cheyenne Developers, LLCDeveloper Jimmy JohnsonSurveyor Michael StewartAcreageLots 2334 acres, 9 lotsTax ID# 13A01037WCAddress Old Stage RdPete Fish RdMr Marr introduced the subdivision and referenced the above information Mr Marr statedthat most of the proposed subdivision is within Wake CountyMr Michael Stewart, 319 Chapanoke Rd Suite 106, Raleigh, NC, Stewart-ProctorEngineering and Surveying, stated the particulars of the subdivision and was present toanswer any questions the Board may haveMs Hackler asked Mr Stewart if lots 81-89 were the portion to be considered by the Boardto which Mr Stewart confirmedChairman Letchworth asked Mr Stewart if the portion of the subdivision in Wake Countyhad been approved by Wake County to which Mr Stewart confirmedMs Howard arrived at 605 pmThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr stated the staffrecommended approval with the stated conditions and requirements in the staff reportStaff Recommendation ApprovalUpon a motion by Ms Holmes to approve Fish Hawk Ranch Phase 3, seconded by MrMoore, Fish Hawk Ranch Phase 3 was approved by a unanimous vote of 8-0 at the January18, 2023 Planning Board MeetingConditions and Requirements[Planning]1 All lots must be a minimum of 30,000 sf2 Complete flood plain information3 Metes bounds4 Certifications5 Entrance sign street signs6 Street name approval7 All lots shall access internal streets8 Cul-de-sac lots must have 40 road frontage9 Complete improvements or provide performance guarantee10 Provide final plat Street Disclosure Statement Certificate for street maintenanceDM Sec 7, L item 811 Show to whom open space is dedicated12 Provide 20 fee simple access to open space13 Provide utility easements along all lot lines in accordance with LDC Sec 14-75d314 Coordinate with the US Postal Service for the design of and utilization of clusterbox mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health]15 Approval of all lots for onsite sewage disposal or statement for each unapprovedlot[NCDOT]216 A driveway permit and subdivision design approval must be obtained prior toconstruction17 All design aspects of the plans shall comply with the current NC DOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways18 NCDOT access occurs in Wake County so driveway will be handled by Division5[Public Utilities]19 Stormwater Erosion Control Permits Required20 Stormwater Statement Required21 A reasonable impervious area limit should be used per lot This should allow forhomeowner additions as well22 Wetlands should be delineated and shown on the plan if any are present as well asany jurisdictional features and buffers23 Property is limited to 15 impervious area without stormwater management[Emergency Services]24 Provide No Parking signage along access road at fire hydrant locations25 Provide topographic information26 Provide a fire flow test27 Provide fire hydrant distribution system informationHerring Rd Tracts January 2023Owner Rick BradyDeveloper Rick BradySurveyor True Line SurveyingAcreageLots 15605 acres, 12 lotsTax ID# 04010013C 04010012XAddress 200 Block of Herring RdMr Marr introduced the subdivision and referenced the above information Mr Marr statedthat this subdivision was denied at the October 2022 meeting and provided the previouslydenied preliminary plat for reference Mr Marr spoke about the direct driveway access onHerring Rd Mr Marr also shared information from the Johnston County Land DesignManual regarding developments creating 4 or more lotsMr Curk Lane, 205 West Main St, Clayton, NC, True Line Surveying, stated theparticulars of the development and was present to answer any questions the Board mayhave Mr Lane discussed the redesign of the driveway connectionsMs Hackler asked Mr Lane about the change in proposed driveways from four drivewaysto three driveways to which Mr Lane confirmedMs Hackler asked Mr Lane to explain the hardship3Mr Lane responded that there is not enough depth to the land to generate a street with acul-de-sac that meets NCDOT requirements and to have the number of lots needed forNCDOT to take over the streetMs Hackler asked about lot 4, if the cemetery would remain as is or if something will beput on lot 4Mr Lane stated that the cemetery would remain as is and that the lot would be dedicatedto the family Mr Lane also stated that conversations are ongoing surrounding who willtake over the cemetery and if a new entity would need to be formedThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr stated the staffrecommended denial due to direct driveway access on to Herring Rd and lots not beinginternally served Mr Marr added that in the TRC notes, NCDOT stated that the proposeddriveways were acceptable with regards to spacingMr Little asked staff to clarify the reason for the recommendation of denialMr Marr responded that the denial is due to not having a right-of-way that meets NCDOTstandards, lots not being internally served, and not meeting Johnston County requirementsof at least 500 feet between drivewaysMr Little spoke about the challenge presented of what else could be done with regards todesign to meet standards and requirements other than less lotsMs Davis expressed concern for lots 1-4 and 10-12 with regards to the shared drivewaysacross from one another and the amount of possible traffic at the same timeChairman Letchworth stated even with fewer lots there would still be the same number ofdrivewaysMs Hackler asked staff if they had a letter from NCDOT stating that the proposed planwas acceptable to which Mr Marr confirmed that he had the information in an email fromNCDOT and Mr Marr read the email to staffChairman Letchworth asked staff to propose some guidance for a maximum number oflotsto be served by the shared driveway configurationMr Marr stated that the request for guidance could be discussed and considered in futurerewritings of the County OrdinanceMs Hackler commented on the revised design with one driveway removed, the letter fromNCDOT stating the driveways as proposed are acceptable, and the demonstrated hardshipStaff Recommendation Denial4,Upon a motion by Ms Hackler to approve Herring Rd Tracts January 2023, seconded byMr Little, Herring Rd Tracts January 2023 was approved by a unanimous vote of 8-0 atthe January 18, 2023 Planning Board MeetingConditions and Requirements[Planning]1 All lots must be a minimum of 30,000 sf2 Complete flood plain information3 Metes bounds4 Certifications5 Complete improvements or provide performance guarantee6 Provide final plat Street Disclosure Statement Certificate for street maintenanceOM Sec 7, L item 87 Show shared driveway access easement and provide statement for sharedmaintenance on Final Plat8 Fee-in-lieu of open space shall be paid prior to recording9 Provide utility easements along all lot lines in accordance with LDC Sec 14-75d 310 Coordinate with the US Postal Service for the design of and utilization of clusterbox mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health]11 Approval of all lots for onsite sewage disposal or statement for each unapprovedlot[NCDOT]12 A driveway permit and subdivision design approval must be obtained prior toconstruction13 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways14 It will be determined at the time the driveway permit application is submitted ifany road improvements will be required15 Shared driveways required[Public Utilities]16 Stormwater Erosion Control Permits Required17 Stormwater Statement Required518 Wetlands should be delineated and shown on the plan if any are present as well asany jurisdictional features and buffers A buffer should be shown on the feature crossingthe NW corner of the property or a buffer call should be requested if it is believed thefeature should not be subject to the buffer rules19 Property is limited to 15 impervious area without stormwater management20 The developer will be required to install proposed water services at the NCDOTrw and a new fire hydrants on the Countys existing water main This work must becompleted by a licensed utility contractor, and plans must be approved by Public Utilitiesfor the proposed installations[Emergency Services]21 Add hydrant at shared driveway between lots 23 and 78Neuse RidgeOwner Andrew James StevensDeveloper Clay Pigeon LLCSurveyor Adams Hodge Engineering, PCAcreageLots 1804 acres, 25 lotsTax ID # l 7K06023NAddress 300 Block of Cascade Knoll DrMr Marr introduced the subdivision and referenced the above information Mr Marr statedthat the parcel is within a Municipal Transition District Mr Marr stated that this parcelwas previously in a Voluntary Agricultural District but has been removedMr Donnie Adams, 314 E Main St, Clayton, NC, Adams Hodge Engineering, PC,stated the particulars of the development and was present to answer any questions theBoard may have Mr Adams stated that the proposed subdivision would tie into the streetsof an existing subdivision Mr Adams stated that there is an active and existing Countygravity sewer line that runs through the subject property, as well as a public utilityeasement Mr Adams stated that they have communicated with Johnston County PublicUtilities and received confirmation that there is adequate capacity to serve the proposeddensity Mr Adams stated that the project is designed to meet UDO standards Mr Adamsalso stated that the CBU is located at the back of lot 7 in the cul-de-sacMs Hackler asked about the planned wastewater improvementsMr Adams stated that he did not have information from Johnston County Public Utilitiesabout what the planned improvements are nor a timeframe, only that he receivedconfirmation that there was adequate wastewater capacity to serve the proposedsubdivisionChairman Letchworth asked for confirmation that an approval of the proposed subdivisionby the Planning Board is not an approval for sewer capacity to which Mr Adamsconfirmed6Mr Stephen Mozingo, 600 Creekside Dr, Clayton, NC, representing Ms AliceSummerlin, an adjacent property owner, expressed concerns about the creek as it related toflooding and safetyMs Davis asked about the location of the creekMr Mozingo responded that it was always his understanding that the creek was theproperty line between the subject property and Ms Summerlins property, but that theproperty line may be within the riparian buffer with the creek being on the subject propertyMr Mozingo also stated that there is a drain that runs under Vinson Rd that drains into thecreekMs Chandra Farmer, Johnston County Public Utilities Director, discussed plannedwastewater improvements with an anticipated completion date of late 2023 for phase 1Ms Howard asked if the earliest availability would be late 2023Ms Farmer explained that there is some existing capacity available now, so today PublicUtilities could permit some capacity and that it is first-come, first-serveThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr stated the staffrecommended denial due to concerns of overall sewer treatment discharge capacitycurrently existingChairman Letchworth asked Mr Adams about lots for the proposed subdivision not beinglocated in a FEMA flood zoneMr Adams stated note 18 on the preliminary plat is incorrect; however, the preliminaryplat does clearly show the 100 year floodplain Mr Adams stated that the lots are outsideof the FEMA floodplainMs Howard asked about the possibility of approving the subdivision and then no sewercapacity existing when the permitting process beginsMr Marr responded that at least one lot must be recorded within three years of approvalMs Davis spoke about lots 4, 5, and 6Staff Recommendation DenialUpon a motion by Ms Holmes to approve Neuse Ridge, seconded by Ms Howard, NeuseRidge was approved by a unanimous vote of 8-0 at the January 18, 2023 Planning BoardMeetingConditions and Requirements7[Planning]1 Complete flood plain information2 Metes bounds3 Certifications4 Entrance sign street signs5 Street name approval6 All lots shall access internal streets7 Cul-de-sac lots must have 40 road frontage8 Complete improvements or provide performance guarantee9 Provide final plat Street Disclosure Statement Certificate for street maintenanceDM Sec 7, L item 810 Provide reverse frontage lot buffer along Vinson Rd11 Show to whom open space is dedicated12 Provide 20 fee simple access to open space13 Provide utility easements along all lot lines in accordance with LDC Sec 14-75d 314 Coordinate with the US Postal Service for the design of and utilization of clusterbox mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health]15 Approval of all lots for onsite sewage disposal or statement for each unapprovedlot[NCDOT]16 A driveway permit and subdivision design approval must be obtained prior toconstruction17 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways18 It will be determined at the time the driveway permit application is submitted ifany road improvements will be required[Public Utilities]19 Stormwater Erosion Control Permits Required20 Stormwater Statement Required21 Wetlands should be delineated and shown on the plan if any are present as well asany jurisdictional features and buffers22 Property is limited to 15 impervious area without stormwater management823 There is currently adequate downstream wastewater capacity to serve the facilityHowever, wastewater capacity is not allocatedcommitted until watersewer constructionplans and permits are approved by Public Utilities[Emergency Services]24 Provide No Parking signage along access road at fire hydrant locations25 Provide flow testLangdon PondOwner Gail C Massengill Robert J CookeDeveloper Shelby Lusk-Gray Wolf Homes, LLCSurveyor Matt Lowder, PE-Bowman North Carolina LtdAcreageLots 3157 acres, 25 lotsTax ID# 07007037AAddress 2400 Block of Lassiter RdMr Marr introduced the subdivision and referenced the above informationMr Brent Burdum, 4006 Barrett Dr, Raleigh, NC, Bowman North Carolina Ltd, statedthe particulars of the development and was present to answer any questions the Board mayhave Mr Burdum stated that due to wetlands, the amount of lots was reduced from 25 lotsto 23 lots Mr Burdum stated that they were providing open space and stated that there isan old farm pond on the subject propertyMr Marr stated that they had responded to some TRC comments and provided an updatedpreliminary platMs Holmes asked if the existing pond was solely on the subject property to which MrBurdum confirmedMs Davis asked who would be responsible for maintaining the pond to which Mr Burdumstated he thought it would be the HOAs responsibility but would need to confirm with thedeveloperMs Holmes asked about a fence post and if there would be some kind of containmentMr Burdum stated that they had not proposed any containmentMs Hackler asked about the location of the mailbox kiosk to which Mr Burdum respondedthat it was located near the open spaceThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr stated the staffrecommended approval with the stated conditions and requirements in the staff reportStaff Recommendation Approval9Upon a motion by Ms Byrd to approve Langdon Pond, seconded by Ms Hackler, LangdonPond was approved by a unanimous vote of 8-0 at the January 18, 2023 Planning BoardMeetingConditions and Requirements[Planning]1 All lots must be a minimum of 30,000 sf2 Complete flood plain information3 Metes bounds4 Certifications5 Entrance sign street signs6 Street name approval7 All lots shall access internal streets8 Cul-de-sac lots must have 40 road frontage9 Complete improvements or provide performance guarantee10 Provide final plat Street Disclosure Statement Certificate for street maintenanceDM Sec 7, L item 811 Show to whom open space is dedicated12 Provide 20 fee simple access to open space13 Provide utility easements along all lot lines in accordance with LDC Sec 14-75d 314 Coordinate with the US Postal Service for the design of and utilization of clusterbox mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health]15 Approval of all lots for onsite sewage disposal or statement for each unapprovedlot[NCDOT]16 A driveway permit and subdivision design approval must be obtained prior toconstruction17 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways18 It will be determined at the time the driveway permit application is submitted ifany road improvements will be required[Public Utilities]1019 Stormwater Erosion Control Permits Required20 Stormwater Statement Required21 Wetlands should be delineated and shown on the plan if any are present as well asany jurisdictional features and buffers A buffer should be shown on the pond and featurewestern side of the property or a buffer call should be requested if it is believed thefeature should not be subject to the buffer rules22 Property is limited to 15 impervious area without stormwater management[Emergency Services]23 Provide cul-de-sac detail24 Provide No Parking signage along access road at fire hydrant locations25 Provide topographic information26 Provide a fire flow test27 Provide fire hydrant distribution system information No public water- Fire Flowreport neededRezoning and Conditional Zoning CasesRezoning Case 23-01Rezoning Petition Agricultural Residential AR to Industrial I 1-1Tax ID 05l05024, 05105024A, 05105026A, 05I05026E, 05105026D, 05105026B,05I05026C, 05I05026F, 05l06030, 05I06030DOwner Stephens Enterprises, MAL Properties, Stephens Center, Central Carolina Realty, Stephens TrustApplicant Stephens Enterprises LLC, MAL Properties, Stephens Center, etcLocation 36887 acres located at 6154 and 6 170 US Hwy 70 and 928, 1500, 1650Gordon Rd in the Clayton TownshipMr Marr introduced the case and referenced the information listed above Mr Marr statedsurrounding land uses and zonings Mr Marr also stated that several emails were receivedtoday from community members and copies were provided to the BoardMr Matt Stephens, Stephens Enterprises, stated the particulars of the request and waspresent to answer any questions the Board may haveMr Garrett Geist, 35 Elias Ln, Clayton, NC, a nearby property owner, asked the Boardto consider the two nearby communities and stated the rezoning would impact thosecommunities Mr Geist also expressed concern for the request not being a conditionalzoning requestMr Ray Turner, 23 Brandywood Dr, Clayton, NC, a nearby property owner, expressedconcerns for the impact the proposed rezoning would have on the nearby residentialcommunities Mr Turner also expressed concern regarding the future usage of the subjectproperty as it pertains to roads and safety11Ms Cathy Purvis, 146 Elias Ln, Clayton, NC, a nearby property owner, shared in theconcerns of those previously stated and also asked about the preference for industrial usagerather than residentialMr Marvin Dodd, 891 Gordon Rd, Clayton, NC, an adjacent property owner, expressedconcerns for traffic and safetyMr Marr stated that if approved a commercial site plan is required Mr Marr also statedthat studies would be done to include input from NCDOTMs Davis asked if the site plan would come back before the Board to which Mr Marrresponded no Mr Marr stated that site plans go to everyone involved in TRC, PublicUtilities, Emergency Services, Building Inspections, and Environmental HealthMs Hackler asked staff to show on the map where Nova Nordisk is locatedThere was discussion among the Board concerning nearby zoningsStaff stated that the areas in dark blue are zonings in the Town of Wilsons MillsChairman Letchworth stated that any site plan approved will have fairly extensive staffreview and review by other agencies Chairman Letchworth asked if there is any publicnotification of what is being proposed to which Mr Marr responded noMs Howard asked for clarification that there is no public notification because there isalready a list of approved uses with the 1-1 zoning Ms Howard stated that anythingproposed that falls into the list of approved uses is already allowed by the approved zoningMr Marr and Mr Newton confirmedMs Hackler asked staff for some examples permitted in an 1-1 zoningStaff displayed the table of permitted usesMs Howard asked about the table of permitted uses and if a campground or travel trailerpark would be permitted with the proposed 1-1 zoning to which staff responded noMs Hackler asked if Novo Nordisk and Talecris are 1-1 or if they are 1-2Mr Newton responded that they are 1-1, but that they are in the Town of Claytonsjurisdiction and their 1-1 permitted uses may be differentMs Hackler stated that it looked like 1-1 permitted uses were upholstery shops, vendingcompanies, and some warehouses M~ Hackler stated that it was not quite as intense aswhat is seen in other industrial areasThere was a question about 1-1 permitting pharmaceutical manufacturing12The Board responded that 1-1 does allow for pharmaceutical manufacturing, dairyprocessing, bottling plants, and manufacturing distributionMs Hackler stated that there are already 1-1 zonings in the immediate vicinity of the subjectpropertyMr Moore stated that he was concerned about the large scale of the rezoning request andthe amount of acreageMs Davis stated concerns for the amount of acreage, it not all being on US HWY 70 butpartially on smaller country roads, and between residential neighborhoods Ms Davisexpressed concern for public safety due to the location near a volunteer fire departmentdistrict in Wilsons MillsChairman Letchworth stated that rezonings assist with attracting economic developmentand trusts the staff of other agencies to have the codes and ordinances in place to protectsurrounding neighbors Chairman Letchworth expressed concern for the lack of publicnotification requirement and that a project of this magnitude that could be accommodatedby this site will have significant impacts to neighbors and traffic without public inputThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of approval and presented a draft statement of consistency forconsiderationStaff Recommendation ApprovalUpon a motion by Mr Moore to deny Rezoning Case 23-01 due to preserving rural integrityand due to the scale of the application, seconded by Ms Davis, Rezoning Case 23-01 wasrecommended for denial by a unanimous vote of 8-0 at the January 18, 2023 PlanningBoard MeetingRezoning Case 23-02Rezoning Petition Office Institutional OJ to General Business GBTax ID 06E02054KOwner Stephen KornegayApplicant Waymon TuckerLocation 061 acres located at 236 Danceart Dr in the Cleveland TownshipMr Marr introduced the case and referenced the information listed above Mr Marr statedsurrounding land uses and zoningsMr John Adcock, Adcock Law Firm representing the Applicant, stated the particulars ofthe request and was present to answer any questions the Board may have Mr Adcockstated that the subject property has a little bit of a buffer from a 180 Duke Energytransmission line between the subject property and the residential properties to the west13Mr Adcock also stated that the subject property 1s surrounded by common area asdesignated when the plats were recordedChairman Letchworth asked about the access to the subject propertyMr Adcock responded that the access would be determined during the site plan processMr Adcock stated that the property was platted many years ago and that the propertyboundary was extended through a recombination survey dated November 16, 2020Mr Linwood Jones, a registered land surveyor and adjacent property owner, spoke in favorof the requested rezoningThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of approval and presented a draft statement of consistency forconsiderationStaff Recommendation ApprovalUpon a motion by Mr Moore to approve Rezoning Case 23-02, seconded by Ms Byrd,Rezoning Case 23-02 was recommended for approval by a unanimous vote of 8-0 at theJanuary 18, 2023 Planning Board MeetingRezoning Case 23-03Rezoning Petition Agricultural Residential AR to General Business-Conditional ZoningGB-CZTax ID 11M01019BOwner Jose AscencioApplicant Jose Ascencio Noel LaurenoLocation 503 acres located at 15110 NC 39 Hwy in the ONeals TownshipConditional Zoning Request Commercial Residential Landscape Supply SalesMr Marr introduced the case and referenced the information listed above Mr Marr sharedfor reference that the subject property is near a conditional rezoning request heard at lastmonths Planning Board meetingMs Julie Spriggs, land planner with CAA Engineers, stated the particulars of the requestand was present to answer any questions the Board may have Ms Spriggs stated that theyare agreeable to all of the proposed conditions Ms Spriggs stated that there is a 50easement on the southside of the property that will remainMr Rudolph Williamson, 15040 NC HWY 39, Zebulon, NC, an adjacent property owner,expressed concerns for traffic and public safety and requested the subject property remainresidential14Ms Tonya Williamson, 15040 NC HWY 39, Zebulon, NC, an adjacent resident, statedthat there is growth in the area and expressed concerns for increased traffic and publicsafety Ms Williamson stated that the area is mostly an older population and expressedconcerns for pesticides and chemicalsThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of approval and presented a draft statement of consistency and conditionsfor considerationMs Holmes asked about the location of the previously approved rezoning to which staffpointed out the parcel on GISMr Marr stated that the Applicant would need to obtain a NCDOT driveway permit and aleft turn lane may be required as determined by NCDOTChairman Letchworth expressed concerns for trucks turning into the siteMs Byrd stated that the previously approved rezoning across the road was a lot of remotepurchasing and not a lot of traffic to which Mr Marr confirmed Mr Marr also stated thata public safety concern with the previous rezoning property was that buildings were inNCDOT right-of-wayChairman Letchworth stated that it looked like six or seven parking spaces on thepreliminary site planMs Davis stated that the subject property was narrowThere was discussion among the Board concerning previous conditional rezoning requestsfor similar usesMs Davis asked about the hours of operation to which Mr Marr responded that those wereproposed by the ApplicantMs Davis expressed concern for trucks being able to safely turn in and out of the subjectpropertyMs Holmes stated that there will be conditions from NCDOTMs Hackler expressed concerns for the location but stated that minimum requirementshave been met for County Ordinance and NCDOT will have input on driveways and trafficsafetyStaff Recommendation Approval15Upon a motion by Ms Hackler to approve Rezoning Case 23-03, seconded by Mr Little,Rezoning Case 23-03 was recommended for approval by a vote of 7-1 at the January 18,2023 Planning Board Meeting, with Mr Moore dissentingConditions1 Proposed uses Landscape supply, commercial and retail publicProposed by applicant2 An eight-foot opaque fence will be installed around any outdoor storageareas adjacent to residential uses Proposed by applicant3 Only ground or monument signs will be installed as approved by theplanning department No pole signs will be installed Proposed by applicant4 No site lighting will be installed except for security lighting on thebuilding to ensure the security of property and the safety of persons entering orexiting the facility Proposed by applicant5 Normal Business hours 8am-5pm Monday-Saturday, and closed SundaysProposed by applicant6 The development shall conform to all requirements of the JohnstonCounty Land Development Code7 Applicant shall submit a detailed site plan for review and approval by thePlanning andZoning Department Staff8 A Class B 2 large trees, 3 small trees, and 9 shrubs every 100 linear feetlandscape buffer shall be installed along all property lines existing vegetation may beused 9 All signage shall comply with the Johnston County sign code 10 All structures must comply with all rules enforced by Federal, State, and Localagencies11 Secure an NCDOT driveway permit12 Left turn lane may be required as determined by NCDOT13 Any gates will need to be equipped with Knox access for Fire Department14 Any lighting will be dark sky or down lighting so as not to shine onto adjacentpropertiesRezoning Case 23-04Rezoning Petition Agricultural Residential AR to Industrial I-Conditional Zoning 1-1-CZTax ID 11 N05036COwner Kevin CreechApplicant Kevin CreechLocation 5885 acres located at I 1000 block of Old Beulah Rd in the ONeals TownshipConditional Zoning Request Light general manufacturing for local medical industryMr Marr introduced the case and referenced the information listed above16Ms Howard asked about county water and sewer at the subject property to which Mr Marrresponded that it would be septicMs Hackler asked if there were any other 1-1 zonings in the areaMr Marr responded that there was Community Business, General Business, and 1-2, butonly Agricultural Residential in the immediate area of the subject propertyMs Davis stated that the application stated a planned employee head count of three to fivepeople a dayMs Holmes stated that the application stated the purpose is manufacturing for a localmedical industryMr Steve Oliverio, 1906 Nash Street, Wilson, NC, Bartlett Engineering Surveying,stated the particulars of the request and was present to answer any questions the Board mayhave Mr Oliverio stated that the Applicant was good with all of the proposed conditionsMr Oliverio stated that Mr Creech provides machine work repair for the medical industryand Mr Creech resides across the road from the subject propertyMr Kevin Creech, 11111 Old Beulah Rd, Kenly, NC, OwnerApplicant, stated that thereis proposed improvement to an existing farm road for a paved driveway apron as requiredby NCDOT Mr Creech stated any manufacturing noise would be contained inside thebuildingMs Hackler asked if the existing barns would remain to which Mr Creech confirmedChairman Letchworth asked Mr Creech if this is machines coming into his shop needingrepair or some work and the work will be completed on site and then someone comes backto pick up the machineMr Creech responded that was correct and that they are a central location to all of theirsurrounding medical customersChairman Letchworth asked what type of vehicles would the machines come in onMr Creech responded that they would come in on 18-wheelers, box trucks, and other trucksof the sortChairman Letchworth asked about the volume of traffic of the heavy equipmentMr Creech responded that it is once a month, twice a month Mr Creech stated that theywould have standard UPS deliveries on almost a daily basis, but the bigger stuff would befew and far betweenMr William Creech, 11365 Old Beulah Rd, Kenly, NC, an adjacent property owner,stated that he had no reservations with the proposed rezoning17There was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of approval and presented a draft statement of consistency and conditionsfor considerationMr Marr stated that he worked with Mr Creech to find an appropriate category for thisrezoning requestChairman Letchworth asked Mr Creech if he had reviewed and understood the proposedconditions and if he agreed to the proposed conditions Mr Creech confirmed and agreedto the proposed conditionsChairman Letchworth asked Mr Creech about the proposed hours of operationMr Creech confirmed that the proposed hours of operation are sufficient and confirmedthat all other proposed conditions are acceptableStaff Recommendation ApprovalUpon a motion by Mr Little to approve Rezoning Case 23-04, seconded by Mr Moore,Rezoning Case 23-04 was recommended for approval by a unanimous vote of 8-0 at theJanuary 18, 2023 Planning Board MeetingConditions1 Proposed uses Light general manufacturing for local medical industryProposed by applicant2 Building height not to exceed 24 Proposed by applicant3 County Water Septic Proposed by applicant4 The development shall conform to all requirements of the JohnstonCounty Land Development Code5 Lighting shall be engineered so as to not shine onto adjacent propertiesProposed by applicant6 Hours of operation M-F 8am-5pm Proposed by applicant7 Applicant shall submit a detailed site plan for review and approval by thePlanning andZoning Department Staff8 Noise control All manufacturing confined indoors Proposed byapplicant9 Landscape Buffer Yard C required where adjacent to AR zoned parcelsExisting vegetation can be utilized towards satisfying the buffer requirementProposed by applicant1 O All signage shall comply with the Johnston County sign code limited to one 60 sfground or monument sign only11 All structures must comply with all rules enforced by Federal, State, and Localagencies1812 Secure an NCDOT driveway permit Proposed by applicant13 Knox Box or Knox e-switch to be located on site for Emergency personnel accessProposed by applicant14 Paved driveway apron required by NCDOT15 Any proposed gate will need to be equipped with Knox access for FireDepartmentRezoning Case 23-05Rezoning Petition Agricultural Residential AR to General Business GBTax ID 06E02031, 06E03010A, 06E02059MOwner Glen Ford Sr Living TrustApplicant RHF Holdings, LLCLocation 52 acres located at 2959 2925 Cornwallis Rd in the Cleveland TownshipMr Marr introduced the case and referenced the information listed aboveMr Gene Singleton, 325 Bradley Dr, Wilmington, NC, Applicant, stated the particularsof the request and was present to answer any questions the Board may have Mr Singletonstated that it was their intention to develop a business park and felt that it was a good fitwith the locationMr Samuel Harris, 10556 Cleveland Rd, Garner, NC, an adjacent property owner, spokein favor of the proposed rezoning and discussed surrounding land uses Mr Harrisexpressed concerns for traffic and public safetyMs Brenda Bellerose, 422 Pennyroyal Ln, Garner, NC, an adjacent property owner,expressed concern for the neighboring residential area and property values Ms Bellerosealso expressed concerns for noise and crimeThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of approval and presented a draft statement of consistency forconsiderationChairman Letchworth asked staff about the buffers associated with a General BusinesszoningMr Newton responded that it is Class B Mr Marr responded that Class B landscape is twolarge trees, 3 small trees, and nine shrubs every 100 linear feetMs Holmes asked staff about Class C Mr Marr responded that Class C landscape is threelarge trees, four small trees, and 12 shrubs every 100 linear feet Mr Marr also stated thatexisting vegetation may be used if it satisfies the intentMr Singleton stated that during their initial investigation they had a protection streamanalysis done Mr Singleton stated that there is a stream on the eastern boundary that would19require a 50 setback and on part of the northern boundary Mr Singleton stated that theintent is to leave a good amount of the existing trees in placeMs Jacqueline Lippard, representing the Owners, stated that Mr Singleton spoke withthree property owners on Pennyroyal Lan_e and Indigo Place when they first arrived attonights meeting Mr Singleton explained to them the intentions for the subject propertyand none of those property owners stayed for the meetingMr Harris spoke about the growth in the area and noiseStaff Recommendation ApprovalUpon a motion by Ms Byrd to approve Rezoning Case 23-05, seconded by Ms Holmes,Rezoning Case 23-05 was recommended for approval by a unanimous vote of 8-0 at theJanuary 18, 2023 Planning Board MeetingRezoning Case 23-06Rezoning Petition Map Amendment petition to add multiple parcels to the Water SupplyWatershed OverlayTax ID MultipleOwner NIAApplicant Johnston CountyLocation 155 acres of Critical area and 7500 acres of Protected areaMr Marr introduced the case and referenced the information listed above Mr Marr alsostated that he provided information from the Land Development Code, Sec 14-105 -Water supply watershed protection district WSWMs Chandra Farmer, Johnston County Public Utilities Director, stated the particulars ofthe request and was present to answer any questions the Board may have Ms Farmer statedthat in 20112012, Johnston County had been planning for a future water supply intake andwent through the process with the state of reclassification for a future intake off ofRichardson Bridge Rd Ms Farmer stated that a copy of the full proceedings from the statefrom where they adopted this reclassification area was included in the information providedto the Board Ms Farmer stated that the request is to add the area to the Countys WaterSupply Watershed Map and it is already part of the states Ms Farmer stated thereclassification is required by the state and these parcels would go into the CountysOverlay DistrictThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of approval based on information provided by Johnston County PublicUtilitiesStaff Recommendation Approval20Upon a motion by Mr Moore to approve Rezoning Case 23-06, seconded by Ms Holmes,Rezoning Case 23-06 was recommended for approval by a unanimous vote of 8-0 at theJanuary 18, 2023 Planning Board MeetingDiscussion ItemsMr Newton stated that there were two written decisions for the Boards review and therewould need to be a motion for each oneMamie Rd TractOwner Samuel Laurie WilkinsDeveloper Sam WilkinsSurveyor Lee R Hines Jr, PEAcreageLots 2215 acres, 14 lotsTax ID# 09Gl4041K, 09G14041L, 09Gl4041P, 09Gl4041Q, 09Gl4041R, 09Gl4041S, 09Gl4041 UAddress 200 Block Mamie RdThe Board reviewed the written decision and discussedUpon a motion by Ms Hackler to approve the written decision for Mamie Rd Tract,seconded by Ms Holmes, and carried by a unanimous vote of 8-0, the written decision forMamie Rd Tract was approved as presented at the January 18, 2023 Planning BoardMeetingMoore MeadowsOwner Golden Leaf, LLCDeveloper Golden Leaf, LLCSurveyor On the Level Land SurveyingAcreageLots 257 acres, 3 lotsTax ID# 08113032LAddress 1039 Thompson RdThe Board reviewed the written decision and discussedMs Holmes asked about a shared drivewayMr Newton stated that the preliminary plat did not show shared driveways and there wasnot adequate distance in accordance with County Ordinance between drivewaysMs Holmes asked about a proposed subdivision heard at tonights meeting and shareddrivewaysMs Howard and Chairman Letchworth stated that Moore Meadows did not demonstrate ahardship and that the previously heard subdivision could not be designed with an internalstreet system21Upon a motion by Ms Hackler to approve the written decision for Moore Meadows,seconded by Mr Moore, and carried by a unanimous vote of 8-0, the written decision forMoore Meadows was approved as presented at the January 18, 2023 Plmming BoardMeetingThe meeting ended at 743 pmRespectfully submitted byJodie Gay, Secretary for the Board22Moore Meadows January 2023Owner Golden Leaf, LLCDeveloper Golden Leaf, LLCSurveyor On the Level Land SurveyingTax ID# 08l13032LAddress 1039 Thompson RdLatitudeLongitude 3539770, -7840419Locational Data I 039 Thompson Rd SR 1150 near Carpenter Dr in Ingrams Township Theproposed subdivision is served by the Blackmans Crossroads Fire District and the Four Oaks RescueSquadSite Data 257 acres, 3 lots, maximum allowable density 3, water service shall be provided byJohnston County public water and lots will be served by individual septic tanks, open space providedfee-in-lieu, open space required 3,000, traffic count not available, prope1ty owners notified 8Additional Informationo School District The Student Generation Ratio SGR is 058 Therefore, MooreMeadows Subdivision will generate approximately 2 K-12 students split amongst thethree schools below0 Tl1 e fio II owmg 1 s b ased on t h e O ut-o f- C apac1tv Tab l e prov1 d e db1 vOREDDistrict Capacit11 E11rolme11tFour Oaks ES 1002 1046Four Oaks MS 476 469South Johnston HS 1297 1331• CTP This po1tion of Thompson Road does not appear on the Comprehensive Transpo1tationPlan as needing improvement• Per NCDOT, all lots are required to have 100 of sepamtio11 betwee11 driveways• Direct Driveway access 011 Tltompso11 Rd Major subdivisions to be located on a local roadshall be so designed that there shall be no more than one direct residential drivewayconnection per 500 feet along the same side of the local road, unless it can bedemonstrated that the proposed subdivision cannot be physically designed, that noreasonable alternative exists, or it would create an unreasonable hardship without acorresponding public benefit to prohibit individual driveway access onto a local roadAlso, from jo111sto11 Co land desig11 ma11ual4 + Lots Developments creating 4 or more lots1 here no easement exists, and where the parent tracts have direct road frontage, aneasement shall not be allowed The development must dedicate a right-of-way meeting therequirements of this sectionA 1vaiver 111qy be a01ved if deterined fy the Pla1111i11g Board that, in pmmit qf this sedio11, a hardship iscreated 11po11 the proper that provides 110 be11~Jit lo the safe, wefare, and q11alil1 ef life ef the p11blicStaff Recommendation De11ial, due to direct driveway access 0110 Thompson Rd and lots 110being i11temally served Also less them 500 of driveway separalio11Conditions and Requirements[Planning]I All lots must be a minimum of30,000 sf2 Complete flood plain information3 Metes bounds4 Certifications5 Complete improvements or provide performance guarantee6 Show shared driveway access easement and provide statement for shared maintenance onFinal Plat7 Fee-in-lieu of open space shall be paid prior to recording8 Provide utility easements along all lot lines in accordance with LDC Sec 14-75 d 39 Coordinate with the US Postal Service for the design of and utilization of cluster boxmail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Envfronmental Health]I 0 Approval of all lots for onsite sewage disposal or statement for each unapproved lotl l If it is decided to utilize private septic permitting options andor utilize offsites,compliance must be verified by the Johnston County Environmental Health Dept[NCDOT12 A driveway permit and subdivision design approval must be obtained prior toconstruction13 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways14 It will be determined at the time the driveway permit application is submitted if any roadimprovements will be required15 All driveways must be I 00 feet apart at minimum16 Driveways for lots 1 2 will be shared[Public Utilities]17 Stormwater Permit Required if 17,000 sf or more of impervious area will be added18 Erosion Control Permit Required if an acre or more cumulatively will be disturbed19 Wetlands should be delineated and shown on the plan if any are present as well as anyjurisdictional features and buffers20 The developer shall be responsible to have a licensed utility contractor install watertapsservices, in accordance with Johnston Countys construction standards at theNCDOT rw for all proposed lots Please contact Public Utilities at 919 209-8333, priorto installation of services and for inspections of tapservice installations21 If the Fire Marshall requires the installation of a fire hydrant, please provide a sketch toPublic Utilities of the proposed location The developer shall be responsible to have alicensed utility contractor install any proposed hydrants in accordance with JohnstonCountys construction standards Please contact Public Utilities at 919 209-8333, priorto installation of hydrants for approval and inspections[Emergency Services]22 Show closest hydrant on plans,, • DISCLAIMER Johnston County assumes no legal responsibility for the information represented hereScale 1 3169 1 in 26408 feetThe scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scalingJohnston County GISFebruary 13, 2023lFXJENDPOBJri~f~0 -t-•t--,,Sd8 hPnfcor,d• •M«ttit¢1n• fc,,rd1;t• fCldhlt -dSt•t~ ~S;i,dtSO~ PKVJ,et S-Arlhl4-Fn;,Mtll•I· --rtUlh-~~,dkYd---E~tIAJ;lk-JJ ,,,,y,_,,,,,_,• - • u;,u•c~-creu- ,-0 , 1 ~IP££IOIFICAS CUtllfATETAlE0F NCATHCA~USACOtNlY Of OK-51,Ib5tJ,fff,UAlii IHAi h1E Jr~~~~;JlCltCUtlflCA~ ISAFtUO 11urs-u STAM~ IUOUPEVNlSIOt~ECOA006Xt£ fhvlWOhWCUTflCAlE Of noo-·11;1v l~V,TIQPPO,fATY 14;•~ 1190-, AAO 1 hOTLOC,TEO~AFUIAOES,4,tEOll00zoxtnOOOH1ZAllO PA,tlh • lWIUI?~£FfECTt£ 0,1,1£_ Cl212~11_SiI[ WkhESVW~WINSTMTCRSCUtnflATE11-HUY ClRTlFY nut llS 111tCO#IO kAT KA IEE-,ro,,o TO~ y Y TH T1iS s~~ CPO,,ACl OF~TOO COlNTY MlltN CAtOtQ ,t-0 THAT TK JUTtuSUt1~11[010RliECCltJlt,1GNM~EGlST£Ar#OEOS~ ~T~ChtlrYJ AIILIS o,id EIPI ue C11tnl Comtn·2 , ACGS Jl•111,nw,c, Towuf arCAfn 2000 •I tht rA}fffCRnncAlEOf SlaEV A,OACU~Y_ JJ,YJA-Y_A0 • ~U,TS H-3 ~~ s ou rttnrnd lo lk«I Bk 6005, Pg 396,Ol411al t 7• ,g J36 oil duta11us or, holUoraL4 0td rtffVU OJ lIOltd 011 ,v,,p110,,, tJ- oIlLtYAU-jSOf UJ-rMOORE MEADOWS SUBDIVISIONlOlio;r rvuv~ un-oitnc,i,t-,CO,Tf~ ;111Jt aHlUIonfl«lY,_,~,x~ , ~TY,,ont£ O •ut1-- 1 MYS• a,,,,-i OWNER GOLDEN LFAF LLCPOBOXllllS~UTIIFIEID ~c nm,,,,oM ON THE LEVEL LWtit~ LAND SURVEYING, PLLCJAMES 10NWF PFACOCK PL~CRct- Lv~Stqtt1 L-SlITlil~SJtiYJIEJlSAJBCA~OflA,mo1 1616 DE-SISO RO BESSO S lHO~ ~~~~~1{1~~~t~ii~o_HIS-~ TELEPIIOSE 91t-m-SS1SCME r _ W fUfSurles Rd TractOwner Bradley Allen LeeDeveloper Southside Building Group, IncSurveyor Fleet Temple Engineeling, PLLCTax ID# 01F11064Address 900 Block of Surles RdLatitudeLongitude 3535047, -7852854Locational Data Surles Rd north of NC Hwy 242 S in Banner Township The proposedsubdivision is served by the Banner Fire District and the Benson Rescue SquadSite Data 2622 acres, 19 lots, maximum allowable density 38, water service shall be provided byJohnston County public water and lots will be served by individual septic tanks, open space provided851 acres, open space required 393 acres, traffic count 470 vpd 2016, property owners notified22Additional Informationo School District The Student Generation Ratio SGR is 054 Therefore, Surles RdTract Subdivision will generate approximately IO K-12 students split amongst the threeschools below0 Tl1 e fio II owmg 1 s b ase d on t I1 e O ut-of - C apac1ty Ta bl e prov1 de d b yOREDDistrict Cavaci} EnrollmentBenson ES 568 612Benson MS 624 509South Johnston HS 1297 1331• CTP This po1tion of Surles Road does not appear on the Comprehensive Transportation Plan asneeding improvementStaff Recommendation Preli111i11mJ approval subject to the followi11g co11ditio11s and requirementsConditions and Requfrements[Planning]I All lots must be a minimum of 30,000 sf2 Complete flood plain information3 Metes bounds4 Certifications5 Entrance sign street signs6 Street name approval7 All lots shall access internal streets8 Cul-de-sac lots must have 40 road frontage9 Complete improvements or provide performance guaranteeI 0 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec7, L item 811 Show to whom open space is dedicated12 Provide 20 fee simple access to open space13 Provide utility easements along all lot lines in accordance with LDC Sec 14-75 d 314 Coordinate with the US Postal Service for the design of and utilization of cluster boxmail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health15 Approval of all lots for onsite sewage disposal or statement for each unapproved lot16 If it is decided to utilize private septic permitting options andor utilize offsites,compliance must be verified by the Johnston County Environmental Health Dept[NCDOT]17 A driveway permit and subdivision design approval must be obtained prior toconstruction18 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighwaysI 9 It will be determined at the time the driveway permit application is submitted if any roadimprovements will be required20 All lots to be served internally21 IO x 70 sight triangles required for future NCDOT maintenance[Public Utilities]22 Stormwater Erosion Control Permits Required23 Stormwater Statement Required24 Wetlands should be delineated and shown on the plan if any are present as well as anyjurisdictional features and buffers25 Property is limited to I 5 impervious area without stormwater management[Emergency Services]26 Provide topographic information27 Provide No Parking signage along access road at fire hydrant locations28 Provide fire access road detail29 Provide cul-de-sac detail30 Provide a fire flow test31 Provide fire hydrant distribution informationr---,;~·,-- • DISCLAIMER Johnston County assumes no legal responsibility for the information represented hereScale 1 6338 1 in 52816 feetThe scale is only accurate when printed landscape on a 8 12 x 11 size sheet with no page scalingJohnston County GISFebruary 14, 2023~00-«L J ~t 00-lO Nf~r,q41 • -0~ ~4 , ,,, ~o,, 4siv; ~ i~ Vl~ a~a -1 0~~zQ tiVl ~ g a co • ae V V~ ~ e~ ~~Jw eaSTAFF REPORTREZONING CASE 23-07·········································································································································································Rezoning Petition Petition to rezone 311 acres located at 479 B 479 C Cornwallis Rd in theCleveland Township from Agricultural Residential AR to General Business GBTax ID 06E03002D, 06E03003JOwner Profile Construction, IncApplicant Brian Gower-Profile Construction, IncUtilities Services• McLemore Fire District and CNS Rescue SquadExisting and Surrounding Land UsesZoning• Existing Land Use Zoned Agricultural Residential AR and is used for those purposes• Surrounding Land Uses Zoned AR and used for residential and agricultural purposes and a churchTraffic Concerns• Traffic count for this po1tion of Cornwallis Rd is 3,400 vpd 2021 This portion of Cornwallis Rdappears on the Comprehensive Transp01tation Plan as an existing boulevard needing improvement·········································································································································································Land Use Plan• This area is located within a designated Primary Growth Area on the Countys Comprehensive Land UsePlan This denotes an area in which high levels of growth already exist or are anticipated near term·················································································································································································Staff Comments and Recommendation• Number of notices sent 7STAFF RECOMMENDATION Denial, based on the following consistency statement Consistency StatementThis request is not consistent with the Comprehensive Land Use Plan in that it conflicts with Objective 2CReduce the possibility of incompatible uses and mitigate them when they occur found in theComprehensive Land Use Plan The property is in an area where most prope1ties are AgriculturalRes idential and there are no activity nodes in the immediate area DISCLAIMER Johnston County assumes no legal responsibility for the information represented here, • Scale 1 6338 - 1 in 52816 feetThe scale is only accurate when printed landscape on a 8 12 x 11 size sheet with no page scaling Johnston County GISJanuary 27, 2023~0J~00IMNr--10Nt0-1M0r--10~a,-1N0T23-07REZONING PETITION SPECIAL USE APPLICATIONJohnston Count Planning 7oning309 E 1forket Street, Smithlidd, NC 27577Phone 919 989-5150 Fnx 919 989-5426wwwjohnstonnccom lnnnin,Name of ApplicantPetitioner _ B,,,riwOJ,_ G,uo_,,,,c,r_-;_P-r,,,UwlcC,, ou n,_s_u·uc,1,_jo,,_nLlunc,~---------------1lailing 1dclrcss of Applicant - -33J_alccstonelri·,•e2,Gan1e1L· -Nc-·2 7529_ ________________Telephone 919 291-2135Email ---------------------------------------Owners Namcs __P_n _f_i1lc_C_o_nst_n_1c_tio_n_l_n_c _______ ______ ___________Mailing 1dclrcss of Owner __3 3_J_al_e1_1sto1_1c_· Dri_v--e,--_G ,a -r_n_er,,__N_C----27--· 529 ____ _;__ ___________Telephone 919 291-2135 _________ Email _______________ _Site Address 479 B Cornwallis Road, Garner, NC 27529Tax JD Number 06E03002f D, 06E03003JState Road#- S-R1-525- -- -------------~5~63~3_ _______ ,,,__ ___ _Township _ _ C--1--e-,-•-c_la_n~d_ _ _________ Deed Book --566,,____ __ Page-2LJ9QIL__ _ ____, ZOflNG INFOR}f__Al1,__0N _ _ - ··_· · ,,,_ _ _ _-_ jCurrent Zoning Districts _ _,,Cl,l_ _ ___ Requested Zoning District __G B_ ____ _______Acres Being Rcimned --3cl I_ ______ Total Acres in Parcel _ 3I I__ _________ ___List Requested Uses----- - - - -~--- - ---------------- - - - -, siiµMfFTAL REQUIREMENTS · - ~1 Completed Application2 Zoning Fee Lese then 3 Acres 375,00301 -600 Acres 62500601+ Acres 125000 + 1875 Acre3 Special Use Permit Fee 100 only paid if requesting a Special Use District4 For Special Use District 5 - FOLDED lliM 10 - FOLDED 11xJ2 copies oft ll l eli ninnry pint5 Certified TIA required for developments with 100 peak ho111· trips 01· 1000 01· more dnily trips, Applicants Titmust either he performed by the County consultant, or reviewed by the Countys consultant IA fees andorreview fees must he pnicl by the applicant Developments requiring a TIA cannot be placed on nn ngcncla until rt TIAis cond11cteclrcviewcd by the consultant, -l1J_RTJICA TION OF ~•PPLJCAN1,1NDOR PROPERTJ OWNER _ ~ --~I certify on this date ______ that all the information presented in this pctitionapplicntion is nccurntc to thebest of my knowledge, information ancl belief Fmthcr, I 11nclcrstand that sho11lcl this petitionapplication be approved bythe Johnston County Board of Commissioners, no site activity cnn take pince until a site plan andor llll other lnncldevelopment permits arc issued Jclditionally, I allow county staff access to the petition property while conducting reviewof this petition~ ~~SIG~A ,,,, 1~~, ,APPLICANTS SIGNATURE DATEStnff Use 011y FEE __________ ____ _SUB1-llllAI DATERECEIVED I3Yllcnsc copy forxour records 2022STAFF REPORTREZONING CASE 23-08Rezoning Petition Petition to remove 1547 acres located at 5842 NC Hwy 42 Win the ClevelandTownship from the Environmentally Sensitive Area ESATax ID 06D010088Owner Triple B #32-Mast, LLCApplicant Triple B # 32-Mast, LLC·········································································································································································Utilities Services• McLemore Fire District and CNS Rescue Squad·········································································································································································Land Use Plan• This area is located within a designated Primary Growth Area on the Countys Comprehensive Land UsePlan This denotes an area in which High levels of growth pressures already exist or are expected near term·················································································································································································Sec 14-103 - Environmentally sensitive area district ESa Purpose and intent The environmentally sensitive area district ES is established as a district thatoverlays areas deemed environmentally sensitive Development within this overlay district shall comply with theregulations of the underlying zoning district, provisions of this section and any other applicable sections of thisaiticleb Defi11itio11sI Inter111ille11t strea111 A natural drainage way, which shows up as a blue line on the USGA 75 minutequadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittentstream for purposes of this ordinance2 Pere1111ial strea111 Perennial streams are streams that have essentially continuous flows Perennial streamsin the environmentally sensitive area are specifically designated to be Swift Creek, White Oak Creek, LittleCreek from the US 70 Clayton bypass to Swift Creek, and the Little River from the county line to NC 39 c Deli11ealion ofI Perennial strea111 buffers Perennial stream buffers shall be measured from the top of the channel bank andextend landward a minimum distance of I 00 feet measured horizontally on a line perpendicular to the waterbody, subject to the following conditionsa The buffer shall be undisturbed and remain forested if currently forestedb If the existing buffer is not forested, it shall be maintained in a natural state and allowed to revegetatec There shall be no fill allowed within the buffer area2 Inter111ille11t strea111 buffers Intermittent stream buffers shall have two zones as described belowa Zone I shall be an undisturbed area extending from the channel bank landward a minimum of 30 feetmeasured horizontally on a line perpendicular to the water bodyb Zone 2 shall be a vegetative buffer extending from the outer edge of zone I landward a minimum of20feet measured horizontally on a line perpendicular to zone I3 Mai11te11a11ce of buffers Zone I and zone 2 shall be maintained by the landowner or homeownersassociation to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion andinfiltration of stormwater runoff and filtering of pollutants into the affected stream, consistent with maintenancecriteria as set out in the county design manual4 Exe111ptio11s The following are exempt from the stream buffer requirements of this sectiona Areas that are mapped on the USGS quadrangle map that do not exist on the groundb Ponds and lakes created for animal watering, irrigation of farm lands, or other agricultural uses that arenot part of a natural drainagewayc Where application of the requirements of this section would prevent all prospective use of a lot plattedand recorded prior to May 26, 1998d Water dependent structures that are designed, constructed, and maintained to provide the maximumnutrient removal, have the least adverse affects on aquatic habitats and that protect water qualitye Roads, bridges, stormwater management facilities, ponds, and utilities where no other practical alternativeexists 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 qualityto the maximum extent possiblef Ditches and manmade conveyances other than modified natural streams5 Flood hazard areas There shall be no development allowed within the areas of special flood hazard asdefined in the county flood damage prevention ordinance, which shall be defined as residential andnonresidential structures, including improvements or additions to such structures However, specifically allowedimprovements include public utility structures, buried utilities, roadways and accessways, and recreationalfacilities as long as no structures are involvedd Density regulationsI Residential development is permitted at an overall density of one dwelling unit per acre 40,000 squarefeet minimum lot size of gross land areaSTAFF RECOMMENDATION NA See response from Johnston County Public Utilitiesr •-,; DISCLAIMER Johnston County assumes no legal responsibility for the information represented hereScale 112676 1 in 105633 feetThe scale is only accurate when printed landscape on a 8 12 x 11 size sheet with no page scalingJohnston County GISJanuary 27, 20230c~0co0IMNHORNWH5TLE Pl- _ ; i fEUURIOE rn,1 I l• 0 i ; I , 111 , f23-08For lnfom1allon Pleaa Conlacllho Johnston County Pl11nnlng Zoning DeMlfmHN919 9B9-5150;a};;~~~iii~f;REZONING PETITION SPECIAL USE APPLICATIONPAGE 3 of4 e ; jI1Johnston Count} Planning Zoning309 E lfarket Str