July 17, 2023 - 6:00 PM - Board of Commissioners Rezoning Agenda Packet

10 Change in Meeting Location PUBLIC NOTICE OF COUNTY BOARD MEETING July 17 , 2023 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , July 17 , 2023 at 6 00 pm or as soon thereafter as possible at the Johnston County Agricultural Center Auditorium located at 2736 NC Highway 210 , 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 Public Hearings Rezoning Requests CASE 23 - 11 – Applicant Novo Nordisk Pharmaceutical Industries , LP 4 CASE 23 - 12 – Applicant Richards Property Group , LLC 12 CASE 23 - 13 – Applicant Profile Construction , Inc 30 4 Public Hearing – Road Closure – Veldt Lane 43 5 Public Hearing – Envision Johnston 2040 Comprehensive Land Use Plan 6 Manager Reports and Comments 7 Board Reports and Comments Page 1 of 44PageJuly 17 , 2023 6 00 pm 1 Approval Discussion of Agenda 2 Public Comments 3 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 23 - 11 REZONING PETITION Petition to rezone 11703 acres located at 2909 & 2825 Powhatan Rd in the Clayton Township from Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J06001A & 05I05006A Owner Novo Nordisk Pharmaceutical Industries , LP and Amanda Gordon Applicant Novo Nordisk Pharmaceutical Industries , LP The Planning Board recommends APPROVAL of the Rezoning 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 - 12 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 26 acres located at 8957 NC Hwy 96 South in the Meadow Township from General Business GB to Industrial - 2 - Conditional Zoning I2 - CZ Tax ID 09H14065P Owner Bull & Oak Properties , LLC Applicant Richards Property Group , LLC Conditional Zoning Request Metal Fabrication The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with conditions based on the recommendation for approval Fact Sheet includes proposed conditions Planning Board Minutes Application Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 23 - 13 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 311 acres located at 479B Cornwallis Rd in the Cleveland Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E03002D & 06E03003J Owner Brian Gower - Profile Construction , Inc Applicant Profile Construction , Inc Conditional Zoning Request All allowable uses in GB with the exception of vehicular sales , boat sales , Campground RV Park , Kennel , Hospital , Open Storage , Pawn Shop , and Adult business The Planning Board recommends DENIAL of the request and submits to the Board of Commissioners a proposed Statement for denial Fact Sheet includes proposed conditions Planning Board Minutes Application Zoning Map Aerial Map Photos Proposed Statement of Consistency for Denial from Planning Board Page 2 of 44Page4 Public Hearing – Road Closure – Veldt Lane The purpose of the public hearing is to allow for public comment on the proposed permanent closure of Veldt Lane public right - of - way pursuant to North Carolina General Statute 153A - 241 The property owners have petitioned the County to permanently close Veldt Lane The Board of Commissioners adopted a Resolution Declaring Intent to Consider Permanent Road Closure on June 5 , 2023 See request 5 Public Hearing – Envision Johnston 2040 Comprehensive Land Use Plan The purpose of the public hearing is to allow for public comment on the draft Envision Johnston 2040 Comprehensive Land Use Plan After the public hearing the Board may consider adoption of the plan A complete copy of the draft Comprehensive Land Use Plan and can be viewed on the Planning Department’s website at https wwwjohnstonnccom planning 6 Manager Reports and Comments 7 Board Reports and Comments Page 3 of 44PageFACT SHEET REZONING CASE 23 - 11 Petition to rezone 11703 acres located at 2909 & 2825 Powhatan Rd in the Clayton Rezoning Petition Township from Agricultural Residential AR to Industrial - 1 I - 1 05J06001A & 05I05006A Tax ID Novo Nordisk Pharmaceutical Industries , LP & Eric and Amanda Gordon Owner Novo Nordisk Pharmaceutical Industries , LP Applicant … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? Wilson’s Mills Fire District and Clayton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning Zoned AR and used for agricultural and residential purposes Existing Land Use ? Zoned AR and used for residential and agricultural purposes Zoned I - Surrounding Land Uses ? 1 and used as a Pharmaceutical Manufacturing Company Several surrounding properties are in the Town of Clayton’s ETJ … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Powhatan Rd is not available ? This portion of Powhatan Rd does not appear on the CTP as 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 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 21 STAFF RECOMMENDATION APPROVAL based on the following consistency statement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 23 - 11 RECOMMENDS APPROVAL … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 This is because the site is located within the primary growth area The request is reasonable in that Industrial is compatible with surrounding land uses and zoning , which include other businesses and Industrial zoning designations Page 4 of 44PagePage pageNumber5Planning Board Minutes Case 23 - 11 May 16 , 2023 Rezoning Case 23 - 11 Rezoning Petition Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J06001A & 05I05006A Owner Novo Nordisk Pharmaceutical Industries , LP & Eric and Amanda Gordon Applicant Novo Nordisk Pharmaceutical Industries , LP Location 11703 acres located at 2909 & 2825 Powhatan Rd in the Clayton Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Ms Shaylah Nunn Jones , Principal , Government & Public Affairs for Novo Nordisk , stated the particulars of the request and was present to answer any questions from the Board Ms Jones stated that Novo Nordisk now owns the Gordon property and that it was purchased after the submission of the rezoning application Ms Jones stated that they would like for all properties owned by Novo Nordisk to be under the same zoning regulation for industrial use 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 Mr Hudson to approve Rezoning Case 23 - 11 , seconded by Ms Holmes , Rezoning Case 23 - 11 was recommended for approval by a unanimous vote of 6 - 0 at the May 16 , 2023 Planning Board Meeting Page 5 of 44PagePage pageNumber6Page 6 of 44PagePage pageNumber7Page 7 of 44PagePage pageNumber8 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 9 , 2023 Powered by TCPDF wwwtcpdforg Page 8 of 44PagePage pageNumber9 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 8 , 2023 Powered by TCPDF wwwtcpdforg Page 9 of 44Page023 - 11 Page 10 of 44Page1RESOLUTION FOR CASE NUMBER 23 - 11 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 ID 05J06001A and 05I05006A located at 2909 and 2825 Powhatan Road in Clayton Township , from Agricultural Residential to Industrial - 1 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 “ Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 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 of General Business provides expanded opportunity for job creation and economic stability and the property is located along an arterial corridor ; and b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that Industrial - 1 is compatible with surrounding land uses and zoning , which include other Industrial zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to Industrial - 1 Adopted this the 17th day of July , 2023 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 11 of 44Page2FACT SHEET CONDITIONAL ZONING CASE 23 - 12 Petition to rezone 26 acres located at 8957 NC Hwy 96 South in the Meadow Rezoning Petition Township from General Business GB to Industrial - 2 - Conditional Zoning I2 - CZ 09H14065P Tax ID Bull & Oak Properties , LLC Owner Richards Property Group , LLC Applicant Metal Fabrication Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services Meadow Fire District and Benson Rescue Squad ? … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning Zoned GB and is vacant Existing Land Use ? Zoned AR and used for residential and agricultural purposes and a Surrounding Land Uses ? school , Zoned GB and used as various businesses … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns Traffic count for this portion of NC Hwy 96 S is 1,600 vpd 2021 ? NC Hwy 96 S appears on the CTP as an existing major thoroughfare with adequate design capacity ? … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which moderate levels of growth pressures are anticipated over the next 20 years … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 7 STAFF RECOMMENDATION APPROVAL , based on the following consistency statement and conditions … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? One person spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 23 - 13 RECOMMENDS APPROVAL … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 The request is reasonable in that the requested use is low impact to the area and the conditions will mitigate any concerns The property is already zoned General Business It is also in a Neighborhood Center Commercial Activity Node on the County’s Comprehensive Land Use Map … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 The applicant proposes to convert a vacant warehouse into a metal fabrication shop , which would necessarily clean up the overgrown parking areas , revitalize the area with a new business , add tax revenue to the area and potentially create jobs Page 12 of 44Page32 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 area is made up of primarily agricultural and other industrial businesses This reclassification would be appropriate for the area and bring additional jobs to the area The area presently includes retail and commercial logistics The addition of the applicant’s business would be a reasonable use for the space , which is presently vacant 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 proposes to bring additional jobs to the area for metal workers and welders The business will run during normal working hours , so as not to disrupt any neighboring businesses or homes The location is presently vacant and underutilized The addition of the applicant’s business would clean up the derelict buildings and overgrown parking lots 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 Johnston County Land Use directives emphasize the desire to support the existing communities with jobs and to keep the commercial nodes in existing commercial areas , to minimize sprawl in the unincorporated areas This zoning change will allow the applicant to relocate to an existing commercial area , create additional jobs , and support the closest municipalities … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The applicant is a metal fabrication company The daily business would be cutting , forming , bending , welding of metal to fabricate various parts and make repairs as needed 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant None listed … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Conditions 1 The following uses shall be permitted Metal Fabrication Proposed by applicant 2 Hours of operation shall be 6 am until 7 pm Monday - Saturday 3 All business activities and equipment will be confined to inside building areas to avoid disturbing surrounding businesses and community 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 Updated NCDOT driveway permit must be obtained 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff if there are any changes or additions to the property Page 13 of 44Page48 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines bordering AR district Existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Page 14 of 44Page5Planning Board Minutes Case 23 - 12 May 16 , 2023 Rezoning Case 23 - 12 Rezoning Petition General Business GB to Industrial - 2 - Conditional Zoning I2 - CZ Tax ID 09H14065P Owner Bull & Oak Properties , LLC Applicant Richards Property Group , LLC Location 26 acres located at 8957 NC Hwy 96 South in the Meadow Township Conditional Zoning Request Metal Fabrication Mr Marr introduced the case and referenced the information listed above Chairman Letchworth asked what year the picture was taken in the packet There was some discussion and laughter among the Board and staff about the cars in the picture Mr Terry Richards , Richards Property Group , stated the particulars of the request and was present to answer any questions from the Board Mr Richards stated that their intention is to keep the existing buildings and have had a structural engineer look at them Mr Richards stated that they have an existing shop in Wendell , NC Chairman Letchworth asked about the types of traffic that’s going to be coming and going from the subject property and if there would be any onsite customers Mr Richards stated that there would be no onsite customers Mr Richards stated they serve as general contractors in the multifamily industry , so there would be trucks coming in and out of the subject property Chairman Letchworth asked about the number of employees Mr Richards responded that they have probably 20 employees at the facility Mr Richards stated that they have a sister company , Richards Steel Erectors , and there are probably another 20 employees there Chairman Letchworth asked about their typical hours of operation Mr Richards responded that their hours are 6 30 am to 5 30 pm , Monday - Thursday and that they do work Fridays for potential overtime if it is needed Chairman Letchworth pointed out one of the proposed conditions stated 7 am to 7 pm Mr Richards stated that they do not run a second shift Page 15 of 44Page6Ms Holmes stated that they need to make sure the 7 am in the proposed conditions covers their 6 30 am Mr Richards responded okay Mr Hudson suggested 6 am to 7 am Mr Richards stated that they would want earlier , 6 am to 7 am Chairman Letchworth asked Mr Richards if he had reviewed the conditions that are in the packet Mr Richards responded possibly Mr Marr provided a copy of the proposed conditions to Mr Richards and Chairman Letchworth suggested that Mr Richards review the conditions and that they would be discussed before a recommendation was made Mr Greg Lee , 7482 NC HWY 50 S , Benson , NC , an adjacent property owner , expressed concerns for noise Mr Lee stated that he has been involved in the metal fabrication business for the last 13 ½ years and that some operations can be very noisy and some operations sometimes leave doors open if there is no air conditioning Mr Lee talked about various types of equipment Mr Lee expressed a concern for the proposed business being a deterrent for future development Mr Lee also expressed a concern of future businesses on the subject property and the level of noise if it is rezoned Chairman Letchworth asked about the location of Mr Lee’s property Mr Lee pointed out his property and family’s property on GIS MapClick Chairman Letchworth asked Mr Richards to address the presented concerns for noise Mr Richards stated that they would not cause any more noise than a general business under its current zoning Mr Richards stated that it won’t be quiet , but he doesn’t think the noise would travel to Mr Lee’s property Mr Richards spoke about their noise level at their current location in Wendell Chairman Letchworth spoke about the proposed conditions noting the requested change in hours in operation Chairman Letchworth asked Mr Richards if he had reviewed and understood the proposed conditions and if he agreed to the proposed conditions Mr Richards agreed to the proposed conditions There was no further discussion Page 16 of 44Page7Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency and conditions for consideration Mr Marr pointed out condition # 3 stating that all business activities and equipment will be confined to inside building areas to avoid disturbing surrounding businesses and community Mr Hudson stated that he thought they would have to unload the trucks outside and take the stuff inside and that would be it There was some discussion among the Board Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 23 - 12 with the requested change in hours of operation , seconded by Mr Hudson , Rezoning Case 23 - 12 was recommended for approval by a unanimous vote of 6 - 0 at the May 16 , 2023 Planning Board Meeting Conditions 1 The following uses shall be permitted Metal Fabrication Proposed by applicant 2 Hours of operation shall be 6 am until 7 pm Monday - Saturday 3 All business activities and equipment will be confined to inside building areas to avoid disturbing surrounding businesses and community 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 Updated NCDOT driveway permit must be obtained 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff if there are any changes or additions to the property 8 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines bordering AR district Existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Page 17 of 44Page8Page 18 of 44Page9Page 19 of 44Page0Page 20 of 44Page1Page 21 of 44Page2 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6534 - 1 in 54451 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 9 , 2023 Powered by TCPDF wwwtcpdforg Page 22 of 44Page323 - 12 Ortho 01 24 2023 - 02 24 2023 Page 23 of 44Page4Page 24 of 44Page5Page 25 of 44Page6Page 26 of 44Page7Page 27 of 44Page8RESOLUTION FOR CASE NUMBER 23 - 12 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 parcel identified as tax ID 09H14065P located8957 NC Hwy 96 in Meadow Township , from Agricultural Residential to Industrial 2 - 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 Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan 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 of Industrial 2 - CZ provides an opportunity to foster a locally owned small scale business which provides support services to a broader industry ; and b The site is located within the Agricultural Rural Conservation Area proximal to a commercial activity node at the intersection of two state highways 3 This Board approves the proposed zoning amendment from Agricultural Residential to Industrial 2 - Conditional Zoning th Adopted this the 17 day of July , 2023 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Page 28 of 44Page9Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 29 of 44Page0FACT SHEET CONDITIONAL ZONING CASE 23 - 13 Petition to rezone 311 acres located at 479B Cornwallis Rd in the Cleveland Rezoning Petition Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 06E03002D & 06E03003J Tax ID Brian Gower - Profile Construction , Inc Owner Profile Construction , Inc Applicant All allowable uses in GB with the exception of vehicular sales , boat sales , Conditional Zoning Request Campground RV Park , Kennel , Hospital , Open Storage , Pawn Shop , and Adult business … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned Agricultural Residential AR and is used for those purposes Existing Land Use ? Zoned AR and used for residential and agricultural purposes and a Surrounding Land Uses church … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Cornwallis Rd is 3,400 vpd 2021 This portion of Cornwallis Rd appears on the Comprehensive Transportation Plan as an existing boulevard 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 already exist or are anticipated near term … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 4 ? Road improvements will be required by NCDOT depending on proposed use and traffic generated STAFF RECOMMENDATION Denial , based on the following consistency statement and ingress egress concerns … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is not consistent with the Comprehensive Land Use Plan in that it conflicts with “ Objective 2C Reduce the possibility of incompatible uses and mitigate them when they occur ” found in the Comprehensive Land Use Plan The property is in an area where most properties are Agricultural Residential and there are no activity nodes in the immediate area … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 The site will provide two commercial buildings to house tenants such as electrical , HVAC , plumbing , and lawn care which serve the surrounding residential areas Page 30 of 44Page12 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 tenants of the proposed buildings will provide services to the surrounding communities which are in high demand , such as electrical , HVAC , plumbing , and lawncare 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 development will be designed in accordance with Johnston County LDO as to keep in character with the neighborhood and existing residents 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 zoning is consistent with the current land use plan This site is located within the Primary Growth Area and also lies between two Regional Centers … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The purpose of this development is to provide two commercial buildings in the community to house various trades that the community uses , such as electrical , HVAC , plumbing , and lawn care Proposed uses will be any use allowed in GB with the exception of vehicular sales , boat sales , campground RV park , kennel , open storage , pawn shop , or adult business 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant Proposed uses Any uses allowed in the General Business District on the Johnston County ? Table of Uses chart WITH THE EXCEPTION of Vehicular sales , Boat sales , Campground RV Park , Kennel , Hospital , Open Storage , Pawn Shop , Adult Business Building footprints shown on the site plan are subject to change with the changes being ? limited to no more than 20 reduction in gross building area and no more than 10 increase in building area Type B Landscape buffers in accordance with Johnston County LDO ? The development shall conform to all requirements of the Johnston County Land ? Development Code Applicant shall submit a detailed site plan for review and approval by the Planning and ? Zoning Department staff All signage shall comply with the Johnston County sign code ? All buildings and or structures must comply with rules enforced by Federal , State and local ? agencies Provide an approved driveway permit ? Page 31 of 44Page2Conditions 1 The following uses shall be permitted Any uses allowed in the General Business District on the Johnston County Table of Uses chart WITH THE EXCEPTION of Vehicular sales , boat sales , campground RV park , kennel , Hospital , open storage , pawn shop , adult business Proposed by applicant 2 Hours of operation shall be 7 am until 7 pm Monday - Saturday 3 Building footprints shown on the site plan are subject to change with the changes being limited to no more than 20 reduction in gross building area and no more than 10 increase in building area Proposed by applicant 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 NCDOT driveway permit must be obtained along with any roadway improvements 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B landscape buffer shall be installed along all rezoning lines Existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Page 32 of 44Page3Planning Board Minutes Case 23 - 13 May 16 , 2023 Rezoning Case 23 - 13 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E03002D & 06E03003J Owner Brian Gower - Profile Construction , Inc Applicant Profile Construction , Inc Location 311 acres located at 479B Cornwallis Rd in the Cleveland Township Conditional Zoning Request All allowable uses in GB with the exception of vehicular sales , boat sales , Campground RV Park , Kennel , Hospital , Open Storage , Pawn Shop , and Adult business Mr Marr introduced the case and referenced the information listed above Mr Crenshaw asked if there were any concerns for a potential I - 40 interchange at this location Mr Marr responded that the location would be limited to improvements Mr Hudson asked about the location and a landscape business Mr Marr responded that the location was near Old Drugstore Road Mr Marr stated that currently there was an abandoned house right on the roadway Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Bagley stated that the intention is to lease out buildings to HVAC , electrical , and plumbing contractors Mr Bagley stated that there is an access easement at the rear of the subject property Mr Bagley stated that they plan to move the easement , but to provide a new easement and not take away any access from the resident in the back Mr Bagley stated that NCDOT has already acquired more right - of - way from the subject property than what is shown on the map Mr Hudson asked if the only way to the Richardson property was through the subject property Mr Bagely responded yes Chairman Letchworth asked about the provided map , at the end of the parking lot there would be a proposed new gravel drive through the back that would turn east and tie into the existing gravel drive Mr Bagley responded that the provided map was a preliminary for two buildings , the upper lot would be septic so the plan is to provide a gravel drive to that resident Page 33 of 44Page4Chairman Letchworth asked if it would tie into the existing easement on the very northern part of the subject property Mr Bagley confirmed Ms Holmes asked if the homeowner would have to drive through two parking lots to get home Chairman Letchworth asked Mr Bagley if there were any issues with the proposed conditions by staff including hours of operation Mr Bagley responded that there were no issues There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial based on a draft consistency statement and ingress egress concerns Mr Marr gave examples of various uses permitted with the requested zoning Chairman Letchworth asked the Applicant if there were any further uses he would like to limit given the concerns presented by Staff Mr Brian Gower , 33 Palestone Dr , Garner , NC , Applicant , stated that he is a general contractor and there is a need for subcontractors in the area Mr Gower stated that he didn’t want to limit the uses because he didn’t want to be stuck with buildings that he could not use Chairman Letchworth stated that it sounds like there were some uses on the permitted list that the Applicant could probably mark off the list that would not limit the Applicant Mr Gower responded that one of his reasons for the rezoning request was that the subject property is narrow , backs up to I - 40 , and is not suitable for building houses Staff Recommendation Denial Upon a motion by Ms Holmes to deny Rezoning Case 23 - 13 due to the limited access for the adjacent property owner , seconded by Mr Crenshaw , Rezoning Case 23 - 13 was recommended for denial by a vote of 5 - 1 at the May 16 , 2023 Planning Board Meeting , with Chairman Letchworth dissenting Page 34 of 44Page5Page 35 of 44Page6Page 36 of 44Page7Page 37 of 44Page8Page 38 of 44Page9 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6534 - 1 in 54451 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 11 , 2023 Powered by TCPDF wwwtcpdforg Page 39 of 44Page0 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6534 - 1 in 54451 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 11 , 2023 Powered by TCPDF wwwtcpdforg Page 40 of 44Page123 - 13 Page 41 of 44Page2RESOLUTION FOR CASE NUMBER 23 - 13 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY DENYING A PROPOSED 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 as to whether the amendment is consistent 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 06E03002D and 06E03003J Johnston County , for the parcel identified as tax ID located on Cornwallis Road in the Cleveland Township , from Agricultural Residential to General Business - Conditional Zoning WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners deny 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 adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land not Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public not 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 not the Land Use Plan and updates indicate that a The amendment request is not consistent with the Comprehensive Land Use Plan in that it does not align with Objective 2C , in that it does not reduce the possibility of incompatible uses 2 This Board finds and determines that it is reasonable and in the public interest to adopt the not not proposed amendment because a The proposed development may have adverse impacts on existing low intensity development and safe movement of generated traffic on Cornwallis Road th Adopted this the 17 day of July , 2023 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 42 of 44Page3Page 43 of 44Page4Page 44 of 44Page