September 5, 2023 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 746 Meeting of the Johnston County Board of Commissioners September 5 , 2023 6 00 pm The Johnston County Board of Commissioners met in regular session Tuesday , September 5 , 2023 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Tony Braswell , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell and April Stephens Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Dana G Cuddington , and Executive Assistant Deputy Clerk Susie Reeves Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted Chairman Lawter reminded everyone of the Board’s six priorities including Public Safety , Infrastructure , County Employees , Financial Stewardship , Educational Funding , and Land Use and the Board’s continuing efforts to keep these priorities in mind when working through the agenda 1 Appointments Announcement Chairman RS “ Butch ” Lawter , Jr stated the Board utilized written ballots at the 10 00 am meeting for appointments to the Veterans Services Advisory Board Chairman Lawter stated the votes have been tallied and he announced the following Veterans Services Advisory Board – Larry J Pittman was appointed for a three year term ending September 30 , 2026 2 Approval Discussion of Agenda Upon a motion by Commissioner Ted G Godwin , seconded by Vice Chairman Patrick E Harris , and carried by unanimous vote , the Board approved the agenda as presented 3 Public Comment None 4 Resolution – Supporting the Realigning of US 70 from I - 42 to US 70 Business Chairman RS “ Butch ” Lawter , Jr stated the Department of Transportation is requesting the Board to adopt a resolution supporting the realigning of US 70 from I - 42 to the current alignment of US 70 Business and the elimination of US 70 Business within Johnston County from I - 40 in Wake County to I - 42 in Johnston County At the inquiry of Commissioner Ted G Godwin , Chairman Lawter stated the Department of Transportation is in the process of scheduling a second public meeting somewhere in the Cleveland area as it relates to the renaming County Manager Rick Hester stated he has a call scheduled with Department of Transportation representatives tomorrow morning to discuss the timing of that second meeting Commissioner Ted G Godwin moved the Board adopt the following resolution , seconded by Commissioner Richard D Braswell , and carried by the following vote Page747 September 5 , 2023 – 6 00 pm Continued Ayes Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Ted G Godwin , Fred J Smith , Jr , Richard D Braswell , and April Stephens Nays Commissioner Tony Braswell RESOLUTION SUPPORTING THE REALIGNING OF US 70 FROM I - 42 TO THE CURRENT ALIGNMENT OF US 70 BUSINESS AND THE ELIMINATION OF US - 70 BUSINESS WITHIN JOHNSTON COUNTY FROM I - 40 IN WAKE COUNTY TO I - 42 IN JOHNSTON COUNTY WHEREAS , this proposed re - routing will run along existing US 70 Business Existing US 70 Business is a multi - lane facility with connection to freeway routes at both ends , I - 40 in Wake County and I - 42 in Clayton Johnston County The length of the proposed route is approximately 1170 miles ; and WHEREAS , the re - routing of US 70 will eliminate coinciding routes and simplify signing and messaging ; and WHEREAS , the re - routing will assist with emergency response with only one US 70 route in the area NOW , THERFORE , BE IT RESOLVED , that the Johnston County Board of Commissioners approve the re - routing of US 70 within Johnston County from I - 40 in Wake County to I - 42 in Johnston County th Adopted this the 5 day of September 2023 5 Public Hearing Rezoning Conditional Use Requests Advertised – The Johnstonian News and The News in Review – August 23 and 30 , 2023 Certified letters were mailed to adjoining property owners on August 21 , 2023 Notices were posted at the locations on May 4 , 2022 for Cases 22 - 17 and 22 - 18 ; June 2 , 2023 for Cases 23 - 14 , 23 - 15 , and 23 - 17 ; and July 7 , 2023 for Case 585 MOD 3 The Chairman opened the Rezoning Hearing for Case 22 - 17 Case 22 - 17 Petition to rezone 5292 acres located in the 1500 block of Cornwallis Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 06E03012A , 06E03011T , & 06E03009A Owner Phillip & Kathleen Wood Applicant Shenandoah Homes Conditional Zoning Request Single family residential with sewer access Planning Director Braston Newton stated the petition is to rezone 5292 acres located in the 1500 block of Cornwallis Road in the Cleveland Township from Agricultural Residential to Agricultural Residential - Conditional Zoning He stated the conditional zoning request is to allow for single family residential with sewer access The developer is requesting 79 single - family units The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; General Business – Special Use District and used as a storage facility ; Agricultural Residential – Special Use District and used as a cell tower and also an event center ; and Industrial 2 – Special Use District and appears to be a salvage yard Mr Newton noted the request originally came to the Board some time ago and the area is located within a designated “ Primary Growth Area ” on the County’s previous Comprehensive Land Use Plan ; however , it is now in a “ Medium Density ” growth area in the newly adopted Land Use Plan Mr Newton stated the traffic count for this portion of Cornwallis Road was 5,100 vehicles per day in 2019 and it appears on the Comprehensive Transportation Plan as a “ Boulevard Needing Improvement ” Mr Newton noted that a traffic impact analysis TIA was completed by Ramey Kemp & Associates and has been reviewed by the North Carolina Department of Transportation He stated the Department of Transportation’s recommendations have been included in the recommended conditions Mr Newton also stated the applicant has provided updated drawings which have been provided to the Board The Chairman called for the applicant to come forward and called the proposed conditions to everyone’s attention , as follows 1 Complete flood plain information 2 Amenities and driveways are consistent with updated preliminary plat dated 5 - 17 - 2022 3 Metes & bounds 4 Certifications 5 Entrance sign & street signsPage748 September 5 , 2023 – 6 00 pm Continued 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Stub - out Street extension signage in accordance with LDC Sec 14 - 226 g 11 Maximum density of 15 units per acre 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 13 TIA RECOMMENDATIONS Recommended Improvements by Developer Cornwallis Rd • Widen to a three - lane section 2 - lane w TWLTL between the proposed Site Access 1 and proposed Site Access 2 Cornwallis Road and S Shiloh Rd • Stripe the proposed TWLTL to provide an exclusive eastbound Cornwallis Rd left - turn lane with a minimum of 50 feet of storage with appropriate taper length Cornwallis Road and Manassas Way Site Access 1 • Construct the southbound approach Site Access 1 with one ingress lane and one egress lane • Provide stop - control for the southbound approach Site Access 1 • Provide for an exclusive eastbound Cornwallis Road left - turn lane with a minimum of 100 feet of storage with appropriate decel and taper • Provide for an exclusive westbound Cornwallis Rd left - turn lane with a minimum of 50 feet of storage with appropriate decel and taper Cornwallis Road and Site Drive # 3 • Construct the northbound approach Site Access 2 with one ingress lane and one egress lane • Provide stop control for the northbound approach Site Access 2 • Stripe the proposed TWLTL to provide an exclusive westbound Cornwallis Road left - turn lane with a minimum of 50 feet of storage with appropriate taper length NCDOT TIA Recommendations & Review The following comments are in addition to individual intersection improvements recommended by the TIA and are considered necessary for consistency with local District and Division policy If an intersection is not listed herein , then the Division concurs with the TIA recommendations SR 1525 and Proposed Site Access # 1 • Cornwallis Road • EB Left - Turn Lane with 100 ’ of storage and appropriate taper • WB Left - Turn Lane with 100 ’ of storage and appropriate taper is required as part of the existing phase of the Annandale Development This will be required before any additional lots or phases are approved • Proposed Site Access # 1 • Two - lane cross - section one ingress , one egress with full access • 100 ’ Internal Protected Stem SR 1525 and Proposed Site Access # 2 • Cornwallis Road • WB Left - Turn Lane with 100 ’ of storage and appropriate taper • Proposed Site Access # 2 • Site Drive may need to be relocated to accommodate storage lengths needed for back to back left turn lanes • Two - lane cross - section one ingress , one egress with full access • 100 ’ Internal Protected Stem SR 1525 and SR 1526 • Cornwallis Road • EB Left - Turn Lane with 100 ’ of storage and appropriate taper Other Requirements • All driveways for this site on NCDOT ROW must be spaced 600 ’ on secondary and 1000 ’ on primary routes This is measured along the ROW line between the tangent projection of the inside edges of adjacent driveways apart measuring the distance between the radiuses of both driveways • Any additional improvements that are constructed by others and not shown on this TIA or review must be maintained , while constructing the improvements required by this letter • If any left turn taper overlaps with any existing or proposed middle turn lane or taper , the entire section will need to be widened to three lanes 14 Provide reverse frontage lot along Cornwallis Rd 15 Fee - in - lieu of open space shall be paid prior to recording 16 Show to whom open space is dedicated 17 Provide 20 ’ fee simple access to open space 18 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 Page749 September 5 , 2023 – 6 00 pm Continued 19 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ NCDOT ] 20 A driveway permit and subdivision design approval must be obtained prior to construction 21 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways [ Public Utilities ] 22 Stormwater & Erosion Control Permits Required 23 Stormwater Statement Required 24 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features 25 Property is limited to 15 impervious area without stormwater management 26 Sewer service connection in accordance with Johnston County Residential Sewer Service Policy Condition number 2 was added by the Planning Board and accepted by the applicant during the PB Meeting Attorney Bob Spence , representing Applicant Shenandoah Homes , stated the original application was filed in March of 2022 and came before the Board in July of 2022 He stated because of concerns over sewer allocations , they requested the rezoning to be tabled until the sewer allocation policy could be addressed Mr Spence stated this is an ideal residential project and he referenced the proposed location is near Interstate 40 as well as adjacent to other existing subdivisions with the same densities Mr Spence stated this would include single family housing only and no multi - family He stated they have added amenities to the project which are included on the revised drawings Mr Spence stated the sewer capacity will be available , the proposed site is in a high growth area according to the Land Use Plan , and a traffic impact analysis has been performed He stated they met with the Department of Transportation and employed a transportation expert to address traffic issues Mr Spence stated there is school capacity in this area and they have tried to address all issues for the Board’s approval Andy Mills of Shenandoah Homes addressed the Board and stated this project has been in the works for over a year Mr Mills stated the request had been on the Board’s agenda previously ; however , they had requested the case to be tabled because they were informed that someone reported an abandoned hog lagoon was located on the property Mr Mills stated after investigation , they learned it was an old lagoon from the 1970 ’ s and has been out of commission for many years He stated their environmental consultant met with the County , the State , and the Corp of Engineers on the issue and were assured by the Corps that it is not a wetland and they could work with the State to close the lagoon Mr Mills stated the lagoon is not located near the area proposed for residential construction , and they are going to test , drain , and then close the lagoon in cooperation with State and County officials He stated the area will be backfilled and turned into a vegetative area Mr Mills also stated they became aware of concerns from the Neuse Riverkeeper and they have met with her to address those concerns Mr Mills continued that the only concern by the Planning Board , when they reviewed the case , was they wanted the assurance that the amenities shown on the plan would be built , which Shenandoah Homes has agreed to do He stated they have worked to make sure all the utilities are properly planned for the development and they have a Traffic Engineer available who can address traffic concerns Mr Mills referenced the traffic improvements recommended by the Department of Transportation and stated they will meet all those requirements He stated they met with Johnston County Schools regarding school capacities in the area and were made aware of school construction projects that will help with capacities for elementary , middle , and high schools Mr Mills stated as it relates to amenities , they have updated the plan to take all the open areas and create pocket parks , dog parks , and open areas for children to play He stated they still plan to construct the trail system to connect to the sidewalks He offered to answer any questions Commissioner Tony Braswell stated he is often asked by citizens why the taxpayers should have to build schools because developers want higher density Mr Mills responded that he can understand the question ; however , the density planned for this development is 15 units per acre He noted they have other projects in Durham County where developers have to pay a fee to help with school expansions Commissioner T Braswell commented that years ago , the County could assess impact fees ; however , due to legislation changes , counties no longer have that authority PagePage pageNumber5750 September 5 , 2023 – 6 00 pm Continued Upon a question by Commissioner Ted G Godwin , Mr Mills stated the plans are drawn for 149 dwelling units per acre and they are dedicating 165 of the overall acreage to open space instead of the required 15 At the inquiry of Commissioner April Stephens , Mr Mills stated they will construct all the turn lanes and other transportation improvements as required by the Department of Transportation At the request of Chairman RS “ Butch ” Lawter , Jr , Mr Mills reviewed the following conditional zoning applicant questions and responses with the Board for the record Conditional Zoning Applicant Questions 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 Sewer has been designed for the Annandale Phase 4 project to remain consistent with and tie into adjacent properties Annandale Phases 1 - 3 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Sewer designed to meet the Johnston County Utility Code Lot size will meet Johnston County UDO and Land Development requirements per special use with public water and sewer 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 Using sewer mains instead of septic allows for a greater lot density which enhances the value of the land and surrounding properties This will allow for the proposed project to be consistent with the adjacent phases of Annandale 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 is an addition to Annandale phases 1 , 2 , and 3 and conforms with prior phases On the Johnston County Comprehensive Plan Update , it’s in the future land use shown as a primary growth area which is consistent to our design Mr Newton stated as it pertains to the conditions , the date of the updated preliminary plat as referenced in Condition # 2 needs to be changed to 5 - 1 - 2023 He stated the Board may want to consider adding a condition that the applicant shall provide a certification of abandonment , closure , and remediation of the hog lagoon At the inquiry of Chairman Lawter , Mr Mills confirmed that they agree to the conditions as proposed with the additions as mentioned by Mr Newton Mr Spence asked Utilities Director Chandra Farmer if the request meets all the requirements for sewer Ms Farmer stated the proposed project is compliant with the conditions in the County’s Residential Sewer Service Policy and there is currently downstream capacity as well as available treatment capacity Sean Brennan , Traffic Engineer with Ramey Kemp Associates , addressed the Board and stated he formerly worked for the Department of Transportation prior to his employment with Ramey Kemp Mr Brennan offered to answer any questions as it relates to the traffic improvement conditions and the traffic impact analysis 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 with an attached list of conditions as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 17 Commissioner Fred J Smith , Jr stated he thinks this project is a perfect case of where the Planning Board was willing to approve a plan when it was simply an asphalt and lot subdivision ; however , because of the Board of Commissioners , the project has been improved to now include amenities such as an activity field ,PagePage pageNumber6751 September 5 , 2023 – 6 00 pm Continued hammock area , dog park , playground for children , and gazebos that will improve the quality of life for the people in the subdivision He stated this was only made possible because the Board of Commissioners demanded that the applicant provide a better quality of life for the subdivision residents Mr Smith stated he appreciates the efforts of the applicant to make this a quality development Decision on Rezoning Case 22 - 17 Case 22 - 17 Petition to rezone 5292 acres located in the 1500 block of Cornwallis Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 06E03012A , 06E03011T , & 06E03009A Owner Phillip & Kathleen Wood Applicant Shenandoah Homes Conditional Zoning Request Single family residential with sewer access Commissioner Richard D Braswell moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions as discussed during the hearing for Case 22 - 17 Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 17 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 § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcels identified as tax Tag ID 06E03012A , 06E03011T and 06E03009A located in the 1500 block of Cornwallis Road in Cleveland Township , from Agricultural Residential to Agricultural Residential - Conditional Zoning 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 aligns with Objective 5C “ Improve neighborhood connectivity ” and 6A “ Ensure well - planned rural development ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation and subsequent proposed land use is consistent with the surrounding area 3 This Board approves the proposed zoning amendment from Agricultural Residential to Agricultural Residential - Conditional Zoning th Adopted this the 5 day of September , 2023 Conditions 1 Complete flood plain information 2 Amenities and driveways are consistent with updated preliminary plat dated 5 - 1 - 2023 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Stub - out Street extension signage in accordance with LDC Sec 14 - 226 g 11 Maximum density of 15 units per acrePagePage pageNumber7752 September 5 , 2023 – 6 00 pm Continued 12 Applicant shall provide certification of abandonment , closure , and remediation of hog lagoon 13 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 14 TIA RECOMMENDATIONS Recommended Improvements by Developer Cornwallis Rd • Widen to a three - lane section 2 - lane w TWLTL between the proposed Site Access 1 and proposed Site Access 2 Cornwallis Road and S Shiloh Rd • Stripe the proposed TWLTL to provide an exclusive eastbound Cornwallis Rd left - turn lane with a minimum of 50 feet of storage with appropriate taper length Cornwallis Road and Manassas Way Site Access 1 • Construct the southbound approach Site Access 1 with one ingress lane and one egress lane • Provide stop - control for the southbound approach Site Access 1 • Provide for an exclusive eastbound Cornwallis Road left - turn lane with a minimum of 100 feet of storage with appropriate decel and taper • Provide for an exclusive westbound Cornwallis Rd left - turn lane with a minimum of 50 feet of storage with appropriate decel and taper Cornwallis Road and Site Drive # 3 • Construct the northbound approach Site Access 2 with one ingress lane and one egress lane • Provide stop control for the northbound approach Site Access 2 • Stripe the proposed TWLTL to provide an exclusive westbound Cornwallis Road left - turn lane with a minimum of 50 feet of storage with appropriate taper length NCDOT TIA Recommendations & Review The following comments are in addition to individual intersection improvements recommended by the TIA and are considered necessary for consistency with local District and Division policy If an intersection is not listed herein , then the Division concurs with the TIA recommendations SR 1525 and Proposed Site Access # 1 • Cornwallis Road • EB Left - Turn Lane with 100 ’ of storage and appropriate taper • WB Left - Turn Lane with 100 ’ of storage and appropriate taper is required as part of the existing phase of the Annandale Development This will be required before any additional lots or phases are approved • Proposed Site Access # 1 • Two - lane cross - section one ingress , one egress with full access • 100 ’ Internal Protected Stem SR 1525 and Proposed Site Access # 2 • Cornwallis Road • WB Left - Turn Lane with 100 ’ of storage and appropriate taper • Proposed Site Access # 2 • Site Drive may need to be relocated to accommodate storage lengths needed for back to back left turn lanes • Two - lane cross - section one ingress , one egress with full access • 100 ’ Internal Protected Stem SR 1525 and SR 1526 • Cornwallis Road • EB Left - Turn Lane with 100 ’ of storage and appropriate taper Other Requirements • All driveways for this site on NCDOT ROW must be spaced 600 ’ on secondary and 1000 ’ on primary routes This is measured along the ROW line between the tangent projection of the inside edges of adjacent driveways apart measuring the distance between the radiuses of both driveways • Any additional improvements that are constructed by others and not shown on this TIA or review must be maintained , while constructing the improvements required by this letter • If any left turn taper overlaps with any existing or proposed middle turn lane or taper , the entire section will need to be widened to three lanes 15 Provide reverse frontage lot along Cornwallis Rd 16 Fee - in - lieu of open space shall be paid prior to recording 17 Show to whom open space is dedicated 18 Provide 20 ’ fee simple access to open space 19 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 20 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ NCDOT ]PagePage pageNumber8753 September 5 , 2023 – 6 00 pm Continued 21 A driveway permit and subdivision design approval must be obtained prior to construction 22 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways [ Public Utilities ] 23 Stormwater & Erosion Control Permits Required 24 Stormwater Statement Required 25 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features 26 Property is limited to 15 impervious area without stormwater management 27 Sewer service connection in accordance with Johnston County Residential Sewer Service Policy The Chairman reopened the Rezoning Hearing for Case 22 - 18 Case 22 - 18 Petition to rezone 13058 acres located in the 1600 block of Josephine Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 06F03013A , 06F03024X , & 06F03027P Owner Phillip & Kathleen Wood & Capital Properties of Raleigh Applicant Shenandoah Homes Conditional Zoning Request Single family residential with sewer access Planning Director Braston Newton stated the petition is to rezone 13058 acres located in the 1600 block of Josephine Road in the Cleveland Township from Agricultural Residential to Agricultural Residential - Conditional Zoning He stated the conditional zoning request is to allow for single family residential with sewer access The developer is requesting 153 single - family units The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and PUD and used as a major subdivision with sewer access Mr Newton noted as with the previous request , this case originally came to the Board some time ago and the area is located within a designated “ Primary Growth Area ” on the County’s previous Comprehensive Land Use Plan ; however , it is now in a “ Medium Density ” growth area in accordance with the newly adopted Land Use Plan Mr Newton stated the traffic count for this portion of Josephine Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton noted that a traffic impact analysis TIA was completed by Ramey Kemp & Associates and has been reviewed by the North Carolina Department of Transportation He stated the Department of Transportation’s recommendations have been included in the recommended conditions Mr Newton stated if the Board chooses to approve the request , Condition # 2 will need to be amended to reflect a date of 5 - 1 - 2023 The Chairman called for the applicant to come forward and called the proposed conditions to everyone’s attention , as follows 1 Complete flood plain information 2 Amenities must be as shown on map updated on 5 - 17 - 2022 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 11 Maximum Density of 15 units per acre 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 13 TIA RECOMMENDATIONS Improvements by NCDOT STIP W - 5704G STIP W - 5704G is expected to convert the intersection of Cornwallis Rd and North Shiloh Rd Josephine Rd to a single - lane roundabout Recommended Improvements by Developer Josephine Road and Site Drive 1 Site Drive 2 • Construct the northbound approach and the southbound approach with one 1 ingress lane and one 1 egress lane • Provide stop - control for the northbound and southbound approaches • Provide an exclusive eastbound left - turn lane with a minimum of 50 feet of storage with appropriate deceleration and taper length • Provide for an exclusive westbound left - turn lane with a minimum of 50 feet of storage with appropriate deceleration and taper length PagePage pageNumber9754 September 5 , 2023 – 6 00 pm Continued NCDOT TIA Comments • Any roadway improvements and right - of - way dedication necessary to accommodate the road construction shall be the responsibility of the owner developers All required ROW shall be dedicated as public ROW in the final plat • Lane closures for required improvement construction will only be permitted under restricted hours due to heavy traffic volume in the vicinity of the proposed development These restrictions will be determined during the driveway permitting application and approval • These conditions are based on current traffic volumes and projected growth for the study area If the proposed build out year for this development , as stated in the TIA , varies more than one year an addendum or revised TIA may be required 14 Fee - in - lieu of open space shall be paid prior to recording 15 Show to whom open space is dedicated 16 Provide 20 ’ fee simple access to open space 17 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 18 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ NCDOT ] 19 A driveway permit and subdivision design approval must be obtained prior to construction 20 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways [ Public Utilities ] 21 In order to be eligible for public sewer , the site must be designed so that no new wastewater pump station is required Any upsizing or improvements to the existing receiving Island Creek WWPS shall be the responsibility of the developer 22 The developer shall be responsible to abandon the existing private wastewater pump station in Island Creek Phase 6 Brunswick Island Court , and remove at no cost to Island Creek HOA , and gravity existing flow currently received into that station through the proposed Island Creek Reserve 23 Flow from this site is ultimately received at the Countys Landfill WWPS and Equalization Facility The facility is fully allocated with existing and permitted paper flow However , a project is under construction to allow for additional capacity at the site Project completion is anticipated by mid - 2024 24 If 17,000 SF of impervious area is proposed to be added , a stormwater permit will be required The site is located within the environmentally sensitive area and is limited to 12 impervious area without stormwater management With participation in the land dedication program , the maximum impervious area is 30 25 The maximum nitrogen export is 36 lbs ac yr and NO buydown is allowed for residential development Treatment must be used on site to reach the 36 lbs ac yr threshold 26 The Dwarf Wedge Mussel habitat layer on GIS is present on this property Please consult with US Fish & Wildlife for any proposed disturbances in this area or near Swift Creek 27 Swift Creek has a 100 ’ UNDISTURBED Buffer that should be clearly shown on the plan with no disturbances 28 If an acre or more of disturbance is proposed , an erosion control permit will be required 29 Wetlands should be delineated and shown on the plan if any are present as well as all jurisdictional features and buffers A buffer call will be required to set the buffer start points or determine if the features are subject if they are shown differently from the soil map or USGS map 30 Sewer service connection in accordance with Johnston County Residential sewer service policy [ Emergency Services ] 31 Provide “ No Parking Signs ” on one side of the road 32 Provide fire flow report 33 Provide hydrant distribution information Condition 2 was added and 22 altered by Planning Board and agreed to by applicant at the meeting Andy Mills of Shenandoah Homes addressed the Board and stated as with the previous case , this request was tabled when it went before the Board last year Mr Mills stated they feel they have addressed all the issues as it pertains to school capacities , sewer , and transportation matters He stated the subdivision has been designed to meet the 12 impervious coverage throughout Mr Mills noted they have added amenities such as pocket parks and trails to address the quality of life concerns , including an amenity center with a pool He also referenced the condition related to taking the Island Creek Subdivision pump station off line in cooperation with Public Utilities Page0755 September 5 , 2023 – 6 00 pm Continued At the request of Chairman RS “ Butch ” Lawter , Jr , Mr Mills reviewed the following conditional zoning applicant questions and responses with the Board for the record Conditional Zoning Applicant Questions 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 Sewer has been designed and proposed for the Island Creek Reserve project to remain consistent with and tie into adjacent properties 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Sewer designed to meet the Johnston County Utility Code Lot size will meet Johnston County UDO and Land Development requirements per special use with public water and sewer 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 Using sewer mains instead of septic allows for a greater lot density which enhances the value of the land and surrounding properties This will allow for the proposed project to be consistent with the adjacent properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The development conforms with adjacent properties On the Johnston County Comprehensive Plan Update , it’s in the future land use shown as a primary growth area which is consistent to our design At the inquiry of the Chairman , Mr Mills confirmed they agree with the conditions as proposed , including the change to the date in Condition # 2 Attorney Bob Spence , representing the Applicant , stated they feel the request meets all the requirements associated with sewer capacity , land use capability , traffic , amenities , and school capacities 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 with an attached list of conditions as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 22 - 18 Decision on Rezoning Case 22 - 18 Case 22 - 18 Petition to rezone 13058 acres located in the 1600 block of Josephine Road in the Cleveland Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 06F03013A , 06F03024X , & 06F03027P Owner Phillip & Kathleen Wood & Capital Properties of Raleigh Applicant Shenandoah Homes Conditional Zoning Request Single family residential with sewer access Commissioner Ted G Godwin moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions as discussed during the hearing for Case 22 - 18 Commissioner Richard D Braswell seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 22 - 18 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 § 160D - 605 , 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 Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcels identified as tax Tag ID 06F03013A , 06F03024X and 06F03027P locatedPage1756 September 5 , 2023 – 6 00 pm Continued in the 1600 block of Josephine Road in Cleveland Township , from Agricultural Residential to Agricultural Residential - Conditional Zoning 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 aligns with Objective 6A “ Ensure well - planned rural development ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation and subsequent proposed land use is consistent with the surrounding area 3 This Board approves the proposed zoning amendment from Agricultural Residential to Agricultural Residential - Conditional Zoning th Adopted this the 5 day of September , 2023 Conditions 1 Complete flood plain information 2 Amenities must be as shown on map updated on 5 - 1 - 2023 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 11 Maximum Density of 15 units per acre 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 13 TIA RECOMMENDATIONS Improvements by NCDOT STIP W - 5704G STIP W - 5704G is expected to convert the intersection of Cornwallis Rd and North Shiloh Rd Josephine Rd to a single - lane roundabout Recommended Improvements by Developer Josephine Road and Site Drive 1 Site Drive 2 • Construct the northbound approach and the southbound approach with one 1 ingress lane and one 1 egress lane • Provide stop - control for the northbound and southbound approaches • Provide an exclusive eastbound left - turn lane with a minimum of 50 feet of storage with appropriate deceleration and taper length • Provide for an exclusive westbound left - turn lane with a minimum of 50 feet of storage with appropriate deceleration and taper length NCDOT TIA Comments • Any roadway improvements and right - of - way dedication necessary to accommodate the road construction shall be the responsibility of the owner developers All required ROW shall be dedicated as public ROW in the final plat • Lane closures for required improvement construction will only be permitted under restricted hours due to heavy traffic volume in the vicinity of the proposed development These restrictions will be determined during the driveway permitting application and approval • These conditions are based on current traffic volumes and projected growth for the study area If the proposed build out year for this development , as stated in the TIA , varies more than one year an addendum or revised TIA may be required 14 Fee - in - lieu of open space shall be paid prior to recording 15 Show to whom open space is dedicated 16 Provide 20 ’ fee simple access to open spacePage2757 September 5 , 2023 – 6 00 pm Continued 17 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 18 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ NCDOT ] 19 A driveway permit and subdivision design approval must be obtained prior to construction 20 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways [ Public Utilities ] 21 In order to be eligible for public sewer , the site must be designed so that no new wastewater pump station is required Any upsizing or improvements to the existing receiving Island Creek WWPS shall be the responsibility of the developer 22 The developer shall be responsible to abandon the existing private wastewater pump station in Island Creek Phase 6 Brunswick Island Court , and remove at no cost to Island Creek HOA , and gravity existing flow currently received into that station through the proposed Island Creek Reserve 23 Flow from this site is ultimately received at the Countys Landfill WWPS and Equalization Facility The facility is fully allocated with existing and permitted paper flow However , a project is under construction to allow for additional capacity at the site Project completion is anticipated by mid - 2024 24 If 17,000 SF of impervious area is proposed to be added , a stormwater permit will be required The site is located within the environmentally sensitive area and is limited to 12 impervious area without stormwater management With participation in the land dedication program , the maximum impervious area is 30 25 The maximum nitrogen export is 36 lbs ac yr and NO buydown is allowed for residential development Treatment must be used on site to reach the 36 lbs ac yr threshold 26 The Dwarf Wedge Mussel habitat layer on GIS is present on this property Please consult with US Fish & Wildlife for any proposed disturbances in this area or near Swift Creek 27 Swift Creek has a 100 ’ UNDISTURBED Buffer that should be clearly shown on the plan with no disturbances 28 If an acre or more of disturbance is proposed , an erosion control permit will be required 29 Wetlands should be delineated and shown on the plan if any are present as well as all jurisdictional features and buffers A buffer call will be required to set the buffer start points or determine if the features are subject if they are shown differently from the soil map or USGS map 30 Sewer service connection in accordance with Johnston County Residential sewer service policy [ Emergency Services ] 31 Provide “ No Parking Signs ” on one side of the road 32 Provide fire flow report 33 Provide hydrant distribution information The Chairman reopened the Rezoning Hearing for Case 23 - 14 Case 23 - 14 Petition to rezone 149 acres located at Old Drug Store Road near NC 42 Hwy West in the Cleveland Township from Community Business CB to General Business GB Tax ID 06D01023B Owner Patricia Matthews Pearce Applicant Matthew Trevor Bullard Planning Director Braston Newton stated the petition is to rezone 149 acres located at Old Drug Store Road near NC 42 Hwy West in the Cleveland Township from Community Business to General Business The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Interstate Highway Interchange overlay and used for shopping centers , drug stores , restaurants , etc ; and General Business and currently being used for a convenience store , auto parts store , restaurant bar , etc The current Comprehensive Land Use Plan denotes this area as a “ Regional Activity Center ” Mr Newton stated the traffic count for this portion of Old Drug Store Road is not available ; however , the traffic count on NC 42 Hwy was 21,500 vehicles per day as of 2021 This portion of Old Drug Store Road does not appear on the Comprehensive Transportation Plan as needing improvement and NC 42 Hwy appears as an existing major thoroughfare needing improvement Upon a question by Commissioner Ted G Godwin , Mr Newton explained that General Business is more expansive in terms of the permitted uses and it does not put any limitation on the size of the structure At the inquiry of Commissioner April Stephens , Mr Newton stated the applicant would be able to speak to the proposed use Page3758 September 5 , 2023 – 6 00 pm Continued Upon a question by Chairman RS “ Butch ” Lawter , Jr , Mr Newton stated the Board’s consideration for a general use district rezoning is consistency with plans , policies , and if it is in the public interest Charles Pearce , 3708 Swan Street , Raleigh , stated he and his wife own the property and they are requesting the rezoning so the restaurant can have a drive - through 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 23 - 14 Decision on Rezoning Case 23 - 14 Case 23 - 14 Petition to rezone 149 acres located at Old Drug Store Road near NC 42 Hwy West in the Cleveland Township from Community Business CB to General Business GB Tax ID 06D01023B Owner Patricia Matthews Pearce Applicant Matthew Trevor Bullard Commissioner Richard D Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 23 - 14 Commissioner April Stephens seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 23 - 14 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax ID 06D01023B , located on Old Drug Store Road in the Cleveland Township from Community Business 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 previously adopted Comprehensive Land Use Plan in that it aligns with “ Goal 1 Grow in a fiscally efficient and compact manner ” This corresponds with the currently adopted Comprehensive Land Use Plan , specifically goal LU - 2 , Concentrate commercial development in activity nodes 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The surrounding area has already been established and physically developed as a commercial activity node 3 This Board approves the proposed zoning amendment from Community Business CB to General Business GB th Adopted this the 5 day of September , 2023 The Chairman reopened the Rezoning Hearing for Case 23 - 15 Page4759 September 5 , 2023 – 6 00 pm Continued Case 23 - 15 Petition to rezone 28 acres of a 200 acre lot located in the 10000 block of Buffalo Road in the Wilders Township from Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 16K06015 Owner Roberts & Wellons Inc Applicant Duke Energy Progress , LLC Conditional Zoning Request Duke Energy substation and related electrical facilities Planning Director Braston Newton stated the petition is to rezone 28 acres of a 200 acre lot located in the 10000 block of Buffalo Road in the Wilders Township from Agricultural Residential to Agricultural Residential - Conditional Zoning He stated the conditional zoning request is to allow for a Duke Energy substation and related electrical facilities The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The current Comprehensive Land Use Plan denotes this area as a “ Low Density Area ” Mr Newton stated the traffic count for this portion of Buffalo Road is 9,100 vehicles per day as of 2018 and it appears on the Comprehensive Transportation Plan as an existing minor thoroughfare with adequate design capacity The Chairman called for the applicant to come forward and called the proposed conditions to everyone’s attention , as follows 1 Permitted Uses Duke Energy Substation and related facilities 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 4 Install Class B landscaping buffer Existing natural vegetation may be used if equal or more intense 5 The area housing all the equipment shall be enclosed within an 8 ’ screen fence topped with barbwire 6 Electrical Substations and related electrical facilities shall be permitted by right on the property The following Public Private facilities uses are expressly prohibited Water and wastewater treatment plants ; sludge treatment , handling and disposal facilities ; ground and elevated water tanks ; solid waste collection and transfer stations Proposed by Applicant 7 The minimum building setback from a property or right - of - way line for an electrical substation use shall be as follows Proposed by Applicant ? From any street , 70 feet ? From any interior lot line , 20 feet ? From any access easement , 15 feet 8 Equipment and structures located within the electrical substation’s security fence shall not exceed 40 feet To the extent not already exempted from height regulations by Section 14 - 9 of the Land Development Code , the following structures and facilities may exceed the height limit established by this condition and any applicable height limit otherwise stipulated in the LDC light masts and poles ; electrical transmission lines , poles , and towers and electric distribution lines , poles and towers Proposed by Applicant 9 Because expansion of the footprint of an electrical substation would not involve a change of use or increase the density of development on the property , such a modification shall be deemed a minor modification that can be approved administratively so long as the modification complies with applicable development standards in place at the time Proposed by Applicant Attorney Matthew Rhoad , Smith Anderson Law Firm , 150 Fayetteville St , Raleigh , representing Applicant Duke Energy addressed the Board Mr Rhoad stated the substation is necessary due to the growth in the area and it will also enhance reliability and allow Duke Energy to restore service faster Mr Rhoad reviewed the following with the Board for the record Finding of Facts for the Conditional Zoning 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed use will be designed , located , and operated to maintain public health , safety , and general welfare The proposed use allows for the development of a modern utility facility , which will increase the availability of reliable electrical service for the surrounding communities and will allow utility service to be restored quickly during times of emergency or natural disaster The utility facility will be located on a 28 - acre parcel of land off of Buffalo Rd The location of the utility facility on the subject property allows for adequate separation from surrounding uses The facility will be secured with an appropriate security fence and remotely monitored 24 hours a day , 7 days a week The proposed use will have a minimal impact on the traffic experienced on Buffalo Rd and the surrounding areas Except for times during emergency natural disaster , the only planned vehicular trips would be forPage5760 September 5 , 2023 – 6 00 pm Continued inspection of equipment , which would occur approximately once a month During periods of emergency or natural disaster , more personnel could be on site as Duke Energy works to make necessary repairs and ensure reliable operation and delivery of power to its customers 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed rezoning retains the current Agricultural Residential AR zoning The only use added to the existing zoning is electrical substation and related uses consistent with the associated site plan Pursuant to section 14 - 75 1 of the Land Development Code , utility facilities are “ essential to service of the area ” and therefore appropriate within a conditional zoning district as proposed in this case To further ensure the permitted utility facilities are appropriate for the area , the proposed zoning conditions limit the type of utility facilities permitted on the portion of the property being rezoned Electrical transformer , switching stations , and related electrical facilities are specifically allowed More noxious uses such as wastewater treatment plants and solid waste collection and transfer stations are prohibited 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 is sensitive to placement of substation facilities in relation to surrounding land uses and makes every effort to minimize impact As previously noted , the location of the use on the subject property as proposed seeks to maximize separation from offsite development and uses and will be bordered on its eastern side by existing transmission lines within the 100 ’ easement The proposed use would be bordered by vacant undeveloped land to the east and south , by Buffalo Rd to the west , and a single home on a 41 acre tract to the north located nearly 600 ’ from the proposed substation enclosure All forms of land use residential , commercial , civic , recreational , industrial , etc rely on electrical power to support their daily needs - it is public necessity The development of the proposed utility uses creates a stable power grid , will provide reliable energy , and will enhance public safety , economic development , and quality of life The harmony between the proposed use and adjoining residential uses is established by the low - impact nature of a substation The proposed use has no habitable space and requires no public water or sewer connection or onsite septic system The proposed use will have a minimal impact on traffic , as the station will only be visited sparingly by Duke Energy technicians for occasional maintenance The development of the proposed use will meet the applicable requirements related to landscaping and buffering As much as possible and to limit the visual impact of the development , the applicant intends to meet these requirements primarily through preservation of the existing vegetation on the property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed rezoning is consistent with the County’s land use plans and policies because it retains the existing AR base zoning , support the proposed primary growth areas to the north and west The development of a modern utility station that will serve a large portion of the County is in direct alignment with Theme 1 of the Johnston County Comprehensive Land Use Plan the “ Plan ” to “ manage growth and infrastructure ” and in alignment with the following Goals and Objectives identified by the Plan ? Objective 1A Encourage development within urbanized or urbanizing areas o As mentioned above , the proposed zoning map amendment is located within a Secondary Growth Area , within close proximity to a Primary Growth Area and a Community Center commercial activity node ? Objective 3A Business expansion and development o The proposed zoning map amendment will support a stable energy grid , which is a vital service needed to support the business growth envisioned at the intersection of NC 42 and Buffalo Rd , as well as the region in general ? Goal 5 Protect Existing Neighborhoods o A stable energy grid also supports existing neighborhood residents ’ needs as utility demands increase due to new growth ? Objective 10B Protect Ecologically Sensitive Areas o The proposed zoning map amendment does not contain any protected riparian buffers or floodplain As confirmed by Public Utilities staff , the proposed site of