September 5, 2023 - 6:00 PM - Board of Commissioners Rezoning Agenda Packet

10 PUBLIC NOTICE OF COUNTY BOARD MEETING September 5 , 2023 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Tuesday , September 5 , 2023 at 6 00 pm or as soon thereafter as possible in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , NC The purpose of the meeting is to transact business as presented during the meeting Auxiliary aids for the handicapped will be made available upon reasonable notice For citizens that would like to address the Board for Public Comment or on any of the cases listed below but have concerns with physically attending the meeting , please email the Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom or call 919 989 - 5100 The meeting will be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Public Comments 3 Resolution – Supporting the Realigning of US 70 from I - 42 to US 70 Business 5 4 Public Hearings Rezoning Requests CASE 22 - 17 – Applicant Shenandoah Homes 6 CASE 22 - 18 – Applicant Shenandoah Homes 38 CASE 23 - 14 – Applicant Matthew Trevor Bullard 138 CASE 23 - 15 – Applicant Duke Energy Progress , LLC 146 CASE 23 - 17 – Applicant Pulte Home Supply , LLC 172 CASE 585 MOD 3 – Applicant Jessica Johnson 179 5 Manager Reports and Comments 6 Board Reports and Comments Page 1 of 185PageSeptember 5 , 2023 6 00 pm 1 Approval Discussion of Agenda 2 Public Comments 3 Resolution – Supporting the Realigning of US 70 from I - 42 to US 70 Business The Department of Transportation requests the Board to approve 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 See resolution 4 Public Hearings Rezoning Conditional Use Requests After each rezoning case is heard , which is a legislative public hearing , the hearing will be recessed and the Board will render a decision CASE 22 - 17 REZONING PETITION CONDITIONAL ZONING REQUEST 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 The Planning Board recommends APPROVAL of the request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet Planning Board Minutes Application DOT TIA Review TIA Zoning Map Aerial Map Site Plan Photos Proposed Statement of Consistency for Approval from Planning Board CASE 22 - 18 REZONING PETITION CONDITIONAL ZONING REQUEST 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 The Planning Board recommends APPROVAL of the request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet Planning Board Minutes Application TIA Zoning Map Aerial Map Site Plan Photos Proposed Statement of Consistency for Approval from Planning Board Page 2 of 185PageCASE 23 - 14 REZONING PETITION Petition to rezone 149 acres located at Old Drug Store Rd 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 The Planning Board recommends APPROVAL of the request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption based on the recommendation for approval Fact Sheet Planning Board Minutes Application Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 23 - 15 REZONING PETITION CONDITIONAL ZONING DISTRICT REQUEST Petition to rezone 28 acres of a 200 acre lot located at 10000 Block of Buffalo Rd 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 The Planning Board recommends APPROVAL of the request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet Planning Board Minutes Application Zoning Map Aerial Map Photos Site Plan Proposed Statement of Consistency for Approval from Planning Board CASE 23 - 17 Rezoning Petition Petition to rezone 156 acres of a 14495 acre tract located at 3444 Plain View Church Rd in the Pleasant Grove Township from Agricultural Residential - Conditional Zoning AR - CZ to Agricultural Residential AR Tax ID 13B02039 Owner Lil Black Creek Farm LLC Applicant Pulte Home Company , LLC The Planning Board recommends APPROVAL of the request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption based on the recommendation for approval Fact Sheet Planning Board Minutes Application Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board Page 3 of 185PageCASE 585 MOD 3 Rezoning Petition Petition to modify the approved Community Business Special Use District CB - SUD located at 5874 NC Hwy 50 N in the Elevation Township by adding a salon as an approved use Tax ID 07E07018D Owner ERB Properties Applicant Jessica Johnson Modification request To change existing SUP to allow for a salon Fact Sheet Planning Board Minutes Application Zoning Map Aerial Map Photos 5 Manager Reports and Comments 6 Board Reports and Comments Page 4 of 185PagePage pageNumber5RESOLUTION 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 ____________________________ RS “ Butch ” Lawter , Jr , Chairman Attest ________________________________ Dana G Cuddington , Clerk to the Board Page 5 of 185PagePage pageNumber6STAFF REPORT CONDITIONAL ZONING CASE 22 - 17 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Rezoning Petition Petition to rezone 5292 acres located at 1500 Block of Cornwallis Rd 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 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned AR and used for agricultural purposes ? Surrounding Land Uses Zoned AR and used for agricultural and residential purposes Zoned GB - SUD and used as a storage facility , zoned AR - SUD and used as a cell tower and also an event center , zoned I - 2 - SUD and appears to be a junkyard salvage yard … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Cornwallis Road was 5,100 vpd in 2019 ? This portion of Cornwallis Road appears on the Comprehensive Transportation Plan as a “ Boulevard Needing Improvement ” ? A Traffic Impact Analysis was completed by Ramey Kemp & Associates and has been reviewed by NCDOT The TIA and NCDOT recommendations have been included in the recommended conditions … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term ? This area is within the Sewer Service Area … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Additional Information ? Request The site contains 5292 acres The developer is requesting 79 single - family units ? School District Student Generation Ratio is 058 per unit which is equivalent to 46 students split amongst the three schools below District Capacity Enrollment Cleveland ES 842 860 Cleveland MS 904 970 West Johnston HS 1595 1344 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 32 Page 6 of 185PagePage pageNumber7STAFF RECOMMENDATION APPROVAL based on the following findings of facts and on the conditions and requirements … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? Five people spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 22 - 17 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Conditional Zoning Applicant Questions 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 Specific Land Uses APPLICANT Single family home residential lots at 15,000 square feet minimum with public water and sewer … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Amenities and driveways are consistent with updated preliminary plat dated 5 - 17 - 2022 Page 7 of 185PagePage pageNumber83 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 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 o EB Left - Turn Lane with 100 ’ of storage and appropriate taper Page 8 of 185PagePage pageNumber9o 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 o Two - lane cross - section one ingress , one egress with full access o 100 ’ Internal Protected Stem SR 1525 and Proposed Site Access # 2 ? Cornwallis Road o WB Left - Turn Lane with 100 ’ of storage and appropriate taper ? Proposed Site Access # 2 o Site Drive may need to be relocated to accommodate storage lengths needed for back to back left turn lanes o Two - lane cross - section one ingress , one egress with full access o 100 ’ Internal Protected Stem SR 1525 and SR 1526 ? Cornwallis Road o 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 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 ] Page 9 of 185Page020 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 Page 10 of 185Page1Planning Board Minutes Case 22 - 17 May 17 , 2022 Rezoning Case 22 - 17 Rezoning Petition Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 06E03012A , 06E03011T , & 06E03009A Owner Phillip & Kathleen Wood Applicant Shenandoah Homes Location 1500 Block of Cornwallis Rd in the Cleveland Township Conditional Zoning Request Single family residential with sewer access Mr Marr introduced the case and referenced the information listed above Chairman Letchworth asked staff if there was a final TIA Mr Newton confirmed and advised that TIA requirements were met Mr Bob Spence , 212 S Second St , Smithfield , NC , Attorney with Spence & Spence representing the Applicant , stated the particulars of the request and provided an overview of the proposed development Chairman Letchworth asked Mr Spence about the location of road B Mr Andy Mills , 3724 National Dr , Suite 215 , Raleigh , NC , Engineer with Shenandoah Homes , addressed the TRC comments and distributed additional sets of plans for the Board’s review Mr Mills stated that all requirements would be met and that there will be curb and gutter for drainage system and runoff Ms Davis asked Mr Mills about the open space and walking trails to distinguish between them and neighboring properties Mr Mills explained that the walking trails will connect to an existing neighborhood and that there will be no impact on stormwater to the adjacent property Ms Holmes asked about the type of buffer on lots adjacent to the existing pond that is not on the subject property Mr Mills responded that they are providing a landscape buffer along the subject property lines Mr Hudson asked Mr Mills for more information concerning their stormwater management Page 11 of 185Page2Mr Mills discussed stormwater management practices including lot design and grading , curb and gutter on the streets , and a stormwater treatment pond Ms Davis asked Mr Mills about Phase 2 Mr Mills responded that both Phase 2 and Phase 3 are active construction Mr Jeremy Gallow , 114 Lisburn Ct , Garner , NC , is a nearby resident in the first phase of the subdivision Mr Gallow stated that he was not aware of a fourth phase at the time of his home purchase Mr Gallow shared concerns of shared amenities , lack of walking trails in the first phase , amended covenants , and builder practices Mr John Langdon , 618 Cornwallis Rd , Garner , NC , is an adjacent property owner to the west of the subject property Mr Langdon shared concerns about the increased traffic on Cornwallis Rd Mr Langdon also shared concerns about stormwater and runoff into the pond on his property Ms Hackler left the meeting Mr Brent Williford , 1507 Cornwallis Rd , Garner , NC , is an adjacent property owner directly across the road from the subject property Mr Williford shared concerns about the impact on traffic and existing visibility and navigation issues out of concern for safety Ms Tori Gallow , 114 Lisburn Ct , Garner , NC , is a nearby resident in the first phase of the subdivision Ms Gallow shared concerns about communication with the Developer and management of amenities , as well as the impact on traffic and existing visibility issues Mr Langdon further clarified traffic concerns after reviewing the revised preliminary site plan Mr Jeffrey Hauser , 54 Lisburn Ct , Garner , NC , is a nearby resident in the first phase of the subdivision Mr Hauser shared concerns about Developer practices and the absence of annual meetings since 2020 Mr Hauser also shared concerns about a lack of amenities , traffic concerns , and infrastructure Chairman Letchworth asked about amenities not being provided and stated that amenities are sometimes viewed as trade - offs for sewer Chairman Letchworth stated that the density the rezoning allows could be traded for higher quality amenities Chairman Letchworth asked for the method of communication to potential buyers about provided amenities Mr Hauser shared that residents on Kinsale Ct paid a premium for those lots and now more development is occurring Mr Hauser also shared that the walking trails around the development and the sports fields in the open space were not provided Mr Hauser stated that as a potential buyer he was shown plans that included these amenities Ms Holmes asked Mr Hauser about the covenant concerning common space and amenities Page 12 of 185Page3Mr Hauser stated that the covenant does not specifically list amenities Mr Gallow spoke about marketing material and stated as a new buyer he received a brochure that highlighted walking trails and pond Mr Gallow stated the developer amended the covenant when they changed the square footage requirement when they sold other phases to a new builder Chairman Letchworth advised that the Board is operating under a different set of zoning rules now and have some tools available that weren’t available in the past Mr Williford requested that the landscape be improved in the proposed development Ms Holmes asked staff about site plans for previously approved phases and if amenities were included Mr Newton explained that previous plans can be researched and provided at a later date Mr Spence stated that this was a zoning hearing Ms Slusser advised the Board of the standards to consider for a conditional zoning request Mr Mills showed pictures of the amenities Chairman Letchworth asked if the current amenities are consistent with the amenities shown to the Board Mr Spence stated that concerns can be addressed and put on the recorded plat Ms Howard asked about ensuring amenities appear on the final plat Mr Spence recommended requiring a recorded final plat Mr Newton advised that with conditional zoning any conditions that are negotiated must be agreed upon by the owner both verbally and in writing when the conditions are recorded Mr Mills stated that he could not address issues with the original Developer Mr Mills stated that what is on the site plan is what is supposed to be built Mr Mills addressed concerns , including amenities , traffic , and drainage There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Ms Byrd asked staff about stormwater concerns and when it would be addressed Page 13 of 185Page4Mr Newton stated that it would be a part of the stormwater permitting process through Johnston County Public Utilities Ms Davis asked about adding the condition that amenities are required in accordance with the updated preliminary site plan Ms Davis asked the Applicant if they were in agreement with the added condition to which the Applicant affirmed Staff Recommendation Approval Upon a motion by Ms Davis to approve Rezoning Case 22 - 17 with the conditions of the updated preliminary site plan dated May 17 , 2022 showing the entrance moved and provided amenities , seconded by Mr Hudson , Rezoning Case 22 - 17 was recommended for approval by a unanimous vote of 6 - 0 at the May 17 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 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 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 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 Page 14 of 185Page5? 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 o EB Left - Turn Lane with 100 ’ of storage and appropriate taper o 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 o Two - lane cross - section one ingress , one egress with full access o 100 ’ Internal Protected Stem SR 1525 and Proposed Site Access # 2 ? Cornwallis Road o WB Left - Turn Lane with 100 ’ of storage and appropriate taper ? Proposed Site Access # 2 o Site Drive may need to be relocated to accommodate storage lengths needed for back to back left turn lanes o Two - lane cross - section one ingress , one egress with full access o 100 ’ Internal Protected Stem SR 1525 and SR 1526 ? Cornwallis Road Page 15 of 185Page6o 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 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 Page 16 of 185Page7Page 17 of 185Page8Page 18 of 185Page9Page 19 of 185Page0Page 20 of 185Page1Page 21 of 185Page2Page 22 of 185Page3Page 23 of 185Page4Case 22 - 17 Page 24 of 185Page5Case 22 - 17 Page 25 of 185Page6Page 26 of 185Page7Page 27 of 185Page8Page 28 of 185Page9Page 29 of 185Page0Page 30 of 185Page1Page 31 of 185Page2Page 32 of 185Page3Page 33 of 185Page4 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 13068 - 1 in 108901 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling May 6 , 2022 Powered by TCPDF wwwtcpdforg Page 34 of 185Page5 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 13068 - 1 in 108901 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling May 6 , 2022 Powered by TCPDF wwwtcpdforg Page 35 of 185Page622 - 17 Page 36 of 185Page7RESOLUTION 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 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 37 of 185Page8STAFF REPORT CONDITIONAL ZONING CASE 22 - 18 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Rezoning Petition Petition to rezone 13058 acres located at 1600 Block of Josephine Rd 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 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned AR and used for agricultural purposes ? Surrounding Land Uses Zoned AR and used for agricultural and residential purposes Zoned PUD and used as a major subdivision with sewer access … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Josephine Road is not available ? This portion of Josephine Road does not appear on the Comprehensive Transportation Plan as needing improvement ? A Traffic Impact Analysis was completed by Ramey Kemp & Associates and has been reviewed by NCDOT The TIA and NCDOT recommendations have been included in the recommended conditions … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term ? This area is within the Sewer Service Area … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Additional Information ? Request The site contains 13058 acres The developer is requesting 153 single - family units ? School District Student Generation Ratio is 063 per unit which is equivalent to 96 students split amongst the three schools below District Capacity Enrollment Cleveland ES 842 860 Cleveland MS 904 970 Cleveland HS 1274 1785 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 74 Page 38 of 185Page9STAFF RECOMMENDATION APPROVAL based on the following findings of facts and on the conditions and requirements … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? Two people spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 22 - 18 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 Specific Land Uses APPLICANT Single family home residential lots at 15,000 square feet minimum with public water and sewer … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Amenities must be as shown on map updated on 5 - 17 - 2022 3 Metes & bounds Page 39 of 185Page04 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 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 Page 40 of 185Page1a 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 Page 41 of 185Page2[ 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 Page 42 of 185Page3Planning Board Minutes Case 22 - 18 May 17 , 2022 Rezoning Case 22 - 18 Rezoning Petition 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 Location 1600 Block of Josephine Rd in the Cleveland Township Conditional Zoning Request Single family residential with sewer access Mr Marr introduced the case and referenced the information listed above Mr Bob Spence , 212 S Second St , Smithfield , NC , Attorney with Spence & Spence representing the Applicant , stated the particulars of the request and provided an overview of the proposed development Mr Andy Mills , 3724 National Dr , Suite 215 , Raleigh , NC , Engineer with Shenandoah Homes , addressed the TRC comments and distributed additional sets of plans for the Board’s review Mr Mills stated that they are reducing impervious below 12 and discussed the proposed plans for sewer access Mr Mills also spoke about already having conducted water system analysis and fire flow analysis Ms Howard asked Mr Mills about the change in lots and the loss of lot 9 Ms Austyn Beci , 3724 National Dr , Suite 215 , Raleigh , NC , with Shenandoah Homes confirmed that a lot was lost to allow for drainage Mr Richard Braswell advised that sewer capacity is not currently available and will not be expanded until 2024 Mr Marr stated that sewer capacity and anticipated project completion date are a part of the Johnston County Public Utilities conditions Mr Mills discussed the anticipated project timeline with regards to a current Johnston County Public Utilities project Mr Kristian Forslin , 57 Portsmouth Island Dr , Garner , NC , Island Creek Subdivision HOA President , spoke about the pump station and conversations with Johnston County Public Utilities Mr Forslin spoke in favor of abandoning the pump station and absolving the HOA from ownership and liability Mr Forslin also shared concerns for increased traffic as a result of the Page 43 of 185Page4proposed development , as well as vegetation buffers , Phase 6 stormwater drainage , and proposed amenities Chairman Letchworth asked Mr Forslin if he had seen the condition concerning abandoning the existing pump station Mr Forslin affirmed and wanted to speak in support of the condition Ms Davis asked about what happens to the existing pump station if it is abandoned Mr Forslin explained that the HOA owns the existing pump station and property He shared that there is a paved easement across the adjoining property There was discussion surrounding possibilities for the existing pump station Mr Mills added that they could work through possibilities with the HOA Chairman Letchworth stated that the condition could be strengthened with language stating the existing pump station be dismantled at no cost to the HOA Ms Sarah Graham , 39 Berwick Place , Clayton , NC , with Broadmoor Associates , shared concerns for property line designations where the proposed development adjoins property owned by Broadmoor Homeowners Association Inc Chairman Letchworth provided Ms Graham with copies of the preliminary site plan There was discussion about the adjoining properties There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Ms Davis to approve Rezoning Case 22 - 18 with the condition that amenities must be as shown on map updated on 5 - 17 - 2022 and condition # 21 be updated to include “ remove at no cost to Island Creek HOA , ” seconded by Ms Byrd , Rezoning Case 22 - 18 was recommended for approval by a unanimous vote of 6 - 0 at the May 17 , 2022 Planning Board Meeting The Applicant agreed to both conditions Conditions and Requirements [ Planning ] Page 44 of 185Page51 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 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 Page 45 of 185Page617 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 Page 46 of 185Page7points 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 Page 47 of 185Page8Page 48 of 185Page9Page 49 of 185PagePage pageNumber50Page 50 of 185PagePage pageNumber51Page 51 of 185PagePage pageNumber52Page 52 of 185PagePage pageNumber53Page 53 of 185PagePage pageNumber54Page 54 of 185PagePage pageNumber55Page 55 of 185PagePage pageNumber56Page 56 of 185PagePage pageNumber57Page 57 of 185PagePage pageNumber58Page 58 of 185PagePage pageNumber59Page 59 of 185PagePage pageNumber60Page 60 of 185PagePage pageNumber61Page 61 of 185PagePage pageNumber62Page 62 of 185PagePage pageNumber63Page 63 of 185PagePage pageNumber64Page 64 of 185PagePage pageNumber65Page 65 of 185PagePage pageNumber66Page 66 of 185PagePage pageNumber67Page 67 of 185PagePage pageNumber68Page 68 of 185PagePage pageNumber69Page 69 of 185PagePage pageNumber70Page 70 of 185PagePage pageNumber71Page 71 of 185PagePage pageNumber72Page 72 of 185PagePage pageNumber73Page 73 of 185PagePage pageNumber74Page 74 of 185PagePage pageNumber75Page 75 of 185PagePage pageNumber76Page 76 of 185PagePage pageNumber77Page 77 of 185PagePage pageNumber78Page 78 of 185PagePage pageNumber79Page 79 of 185PagePage pageNumber80Page 80 of 185PagePage pageNumber81Page 81 of 185PagePage pageNumber82Page 82 of 185PagePage pageNumber83Page 83 of 185PagePage pageNumber84Page 84 of 185PagePage pageNumber85Page 85 of 185PagePage pageNumber86Page 86 of 185PagePage pageNumber87Page 87 of 185PagePage pageNumber88Page 88 of 185PagePage pageNumber89Page 89 of 185PagePage pageNumber90Page 90 of 185PagePage pageNumber91Page 91 of 185PagePage pageNumber92Page 92 of 185PagePage pageNumber93Page 93 of 185PagePage pageNumber94Page 94 of 185PagePage pageNumber95Page 95 of 185PagePage pageNumber96Page 96 of 185PagePage pageNumber97Page 97 of 185PagePage pageNumber98Page 98 of 185PagePage pageNumber99Page 99 of 185Page00Page 100 of 185Page01Page 101 of 185Page02Page 102 of 185Page03Page 103 of 185Page04Page 104 of 185Page05Page 105 of 185Page06Page 106 of 185Page07Page 107 of 185Page08Page 108 of 185Page09Page 109 of 185Page10Page 110 of 185Page11Page 111 of 185Page12Page 112 of 185Page13Page 113 of 185Page14Page 114 of 185Page15Page 115 of 185Page16Page 116 of 185Page17Page 117 of 185Page18Page 118 of 185Page19Page 119 of 185Page20Page 120 of 185Page21Page 121 of 185Page22Page 122 of 185Page23Page 123 of 185Page24Page 124 of 185Page25Page 125 of 185Page26Page 126 of 185Page27Page 127 of 185Page28Page 128 of 185Page29Page 129 of 185Page30Page 130 of 185Page31Page 131 of 185Page32Page 132 of 185Page33Page 133 of 185Page34 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 13068 - 1 in 108901 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling May 10 , 2022 Powered by TCPDF wwwtcpdforg Page 134 of 185Page3522 - 18 Ortho 02 19 2017 - 03 16 2017 Page 135 of 185Page3622 - 18 Page 136 of 185Page37RESOLUTION 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 located 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 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 137 of 185Page38FACT SHEET REZONING CASE 23 - 14 Petition to rezone 149 acres located at Old Drug Store Rd near NC 42 Hwy Rezoning Petition West in the Cleveland Township from Community Business CB to General Business GB 06D01023B Tax ID Patricia Matthews Pearce Owner Matthew Trevor Bullard Applicant … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned Community Business CB and currently vacant land Existing Land Use ? Zoned AR and used for agricultural and residential purposes Zoned IHI Surrounding Land Uses overlay and used for shopping centers , drug stores , restaurants , etc Zoned GB and currently being used for convenience store , auto parts store , restaurant bar , etc … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count on Old Drug Store Rd is not available and on NC 42 Hwy was 21,500 vehicles per day 2021 ? This portion of Old Drug Store Rd does not appear on the CTP as needing improvement and NC 42 Hwy appears on the CTP as an existing major thoroughfare needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , this site is located within a “ Regional Center ” activity node … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Additional Information ? Number of notices sent 3 STAFF RECOMMENDATION APPROVAL based on the following consistency statement Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan and within the Regional Center Activity Node The request is reasonable in that the proposed zoning is compatible with surrounding land uses and zoning districts … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? No one spoke with concerns Planning Board Recommendation Page 138 of 185Page39The Planning Board of the rezoning for Case 23 - 14 RECOMMENDS APPROVAL Page 139 of 185Page40Planning Board Minutes Case 23 - 14 June 20 , 2023 Rezoning Petition Community Business CB to General Business GB Tax ID 06D01023B Owner Patricia Matthews Pearce Applicant Matthew Trevor Bullard Location 149 acres located at Old Drug Store Rd near NC 42 Hwy West in the Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr Andrew Bullard , 2807 Wayland Dr , Raleigh , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Bullard stated that the intention was to open a quick serve or fast casual restaurant There was no furt