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

10 PUBLIC NOTICE OF COUNTY BOARD MEETING June 5 , 2023 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , June 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 Citizens that would like to address the Board for Public Comment but have concerns with physically attending the meeting , may email those comments to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom The meeting will also be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Public Comment 3 Public Hearings Rezoning Conditional Use Requests CASE 22 - 17 – Applicant Shenandoah Homes to be postponed until August 7 , 2023 meeting CASE 22 - 18 – Applicant Shenandoah Homes to be postponed until August 7 , 2023 meeting CASE 19 - 14 MOD – Applicant Eastwood Holding Fund , LLC 4 4 Planning Department – Public ROW Abandonment Request 21 5 Comprehensive Land Use Plan Continued Discussion 6 Manager Reports and Comments 7 Board Reports and Comments Page 1 of 23PageJune 5 , 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 22 - 17 to be postponed per the Applicant until August 7 , 2023 meeting 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 CASE 22 - 18 to be postponed per the Applicant until August 7 , 2023 meeting 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 CASE 19 - 14 MOD Rezoning Petition Petition to modify the approved Agricultural Residential Special Use District AR - SUD located at 4255 NC Hwy 42 W in the Cleveland Township by altering the approved amenity area to allow for different uses Tax ID 05E01013S Owner Ford Meadows , LLC Applicant Eastwood Holding Fund , LLC Modification request To alter existing SUP by changing the amenities on the site plan , reduce setbacks for 11 lots , and reduce overall lot count by 1 Fact Sheet Planning Board Minutes Application Zoning Map Aerial Map Photos 4 Planning Department – Public Right of Way Abandonment Request – Veldt Lane Consider Resolution of Intent to close public road Veldt Lane by request of FL Cornwallis , LLC and Ford Meadows , LLC See request , map and resolution of intent Page 2 of 23Page5 Comprehensive Land Use Plan Continued Discussion 6 Manager Reports and Comments 7 Board Reports and Comments Page 3 of 23PageSTAFF REPORT REZONING AND SPECIAL USE CASE 19 - 14 MOD Rezoning Petition Petition to modify the approved Agricultural Residential Special Use District AR - SUD located at 4255 NC Hwy 42 W in the Cleveland Township by altering the approved amenity area to allow for different uses Tax ID 05E01013S Owner Ford Meadows , LLC Applicant Eastwood Holding Fund , LLC Modification request To alter existing SUP by changing the amenities on the site plan , reduce setbacks for 11 lots , and reduce overall lot count by 1 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and Clayton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned AR - SUD and is a Mixed Use Planned Development ? Surrounding Land Uses Zoned AR and used for agricultural and residential purposes Zoned GB - SUD for a Shopping Center , Zoned I - 2 and used for industrial purposes … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of NC 42 Hwy West is 20,000 vpd ? This portion of NC 42 Highway West appears on the Comprehensive Transportation Plan as a “ 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 pressures currently exist or are anticipated near term o The Land Use Plan states that the Primary Growth area should be considered as the locations for investment of public infrastructure roads and utilities , along with consideration of adjustments to zoning to allow higher residential densities and non - residential uses ? Objective 1B encourages the County to allow for higher densities and a greater mixture of land uses in urban areas The County will encourage development and mixed land use patterns in concentrated areas that make the most of efficient use of infrastructure o This area is within the Sewer Service Area … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 2 ? STAFF RECOMMENDATION Approval of the modification due to it being a slight change to the amenities , setbacks , and lessened lot count … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board Page 4 of 23PagePage pageNumber5? No one spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 19 - 14 MOD … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is consistent with the Comprehensive Land Use Plan Objective 1B , which encourages the County to allow for higher densities and a greater mixture of land uses in urban areas and encourages development and mixed land use patterns in concentrated areas that make the most of efficient use of infrastructure with this area located in the Sewer Service Area The request is reasonable and in the public interest in that the proposed lot numbers and density are compatible with nearby subdivisions and uses Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The acreage that is being proposed to be developed within the subject parcels is located outside of the 100 - year floodplain The residential lots would be served by both public water and sanitary sewer The utility extensions would be designed to Johnston County Public utilities standards with the intention of the county accepting and maintaining the water and sanitary sewer infrastructure The development’s internal streets would be designed to NCDOT standards with the intention of NCDOT taking over maintenance of the streets The anticipated roadway improvements roadway widening and or turn lane s along NC Highway 42 West would be reviewed and approved by NCDOT , as part of the project’s Driveway Permit Access Application 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The subject project would be developed as a Residential Planned Use Development Both parcels are currently zoned AR Agriculture Residential The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The project would adhere to Johnston County’s Stormwater Management Ordinance and Sediment and Erosion Control Program As mentioned in Response 1 , above , the development’s streets would be designed to meet NCDOT standards Roadway widening and turn lane improvements would also be required to be reviewed and approved by NCDOT prior to construction There are no plans to develop within the 100 - year floodplain and or disturb jurisdictional streams , buffers and wetlands 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 proposed development is located in a rapidly growing portion of Johnston County The subject project would be developed as a Residential Planned Unit Development and includes both single - family lots and multi - family lots Currently , there are similar uses single - family residential subdivisions located adjacent to the site on the North side and South side of the project’s acreage Birchwood Subdivision and South Hills Subdivision , respectively Multi - family developments are located in the vicinity of the proposed project to the west Cleveland Green and Page 5 of 23PagePage pageNumber6Aspen Pointe It is the intent of the developer to establish a Homeowner ’ s Association for the purpose of maintaining the appearance and values of the improvements 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 development of the parcels of property contained within the Residential Planned Unit Development is consistent with the overall development plans of Johnston County Both parcels are currently zoned AR The AR zoning district allows a density of 15 dwelling units per acre The density within the proposed Planned Unit Development does not exceed 15 dwelling units per acre The area around the intersection of I - 40 and NC Hwy 42 has been designated by the County as qualifying for sewer based on current conditions and therefore has been , and still is , very desirable for development of high density , single - family , residential and multi - family construction This project would be consistent with previous development around the IHI intersection Specific Land Uses APPLICANT To allow for a mixed use - Planned Unit Development Special Use Conditions 1 Permitted Uses Mixed Use - Planned Unit Development 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 This development shall meet the requirements of LDC CH 14 Art 3 Div 5 and DM Sec 7 H 4 Provide Complete floodplain information 5 Provide Metes & bounds 6 Provide certifications in accordance with DM Sec 7 L 7 Provide entrance sign & street signs 8 Street name approval required 9 All lots shall access internal streets 10 Cul - de - sac lots shall have 20 ’ minimum road frontage 11 Complete improvements or provide performance guarantee 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 L item 8 13 Provide perimeter buffer in accordance with LDC Sec 14 - 257 k 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 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 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 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 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 19 Soil Erosion & Sedimentation Control Plan required 20 Stormwater Compliance 21 Approval of water and sewer system Page 6 of 23PagePage pageNumber722 Right - of - way dedications or reservations will be determined during the driveway permitting process 23 Clubhouse on original site plan amenities be replaced with fenced area containing pickleball courts , dog park , picnic areas , and playground equipment Plat correction shall be required to make modifications to amenities known to current and prospective buyers 24 Reduce streetside building setbacks for 11 lots 25,40,41,56,57,72,73,88,89,102 & 123 be reduced to 15 ’ 25 Reduce overall lots from 124 to 123 Items in bold are medication requests from the original Page 7 of 23PagePage pageNumber8Planning Board Minutes Case 19 - 14 MOD April 18 , 2023 Rezoning Petition Modify current zoning Agricultural Residential Special Use District AR - SUD Tax ID 05E01013S Owner Ford Meadows , LLC Applicant Eastwood Holding Fund , LLC Location 4255 NC Hwy 42 W in the Cleveland Township Modification request To alter existing SUP by changing the amenities on the site plan , reduce setbacks for 11 lots , and reduce overall lot count by 1 Mr Marr introduced the case and referenced the information listed above Mr Marr stated this was a modification to a Mixed Use Development approved by the Board of County Commissioners in September 2019 Mr Marr stated the existing land use is zoned AR - SUD and is a Mixed Use Planned Development Mr Marr stated that conditions 23 , 24 , and 25 are the modification requests Chairman Letchworth asked about the original conditions as it relates to the amenities Mr Newton responded that the only amenity was a clubhouse and Mr Marr responded that the clubhouse was shown on the plan Chairman Letchworth stated that the amenity was on the plan and not in the conditions to which Mr Marr confirmed Mr Jonathan Barnes , 446 E Main St , Clayton , NC , Dalton Engineering & Associates , stated the particulars of the request and was present to answer any questions the Board may have Mr Crenshaw asked about the setbacks for the rest of the lots Mr Newton responded Chairman Letchworth asked Mr Barnes what amenities had been built in the subdivision and what has been promoted to the people that have been in the subdivision to date Chairman Letchworth explained his reason for asking Mr Barnes introduced Mr Jim Cox with Eastwood Homes Mr Cox stated that they have held off on marketing amenities , they have one sell , and that there are no homeowners living in the community right now Mr Cox stated they wanted to try something different that would be more usable for the homeowners Page 8 of 23PagePage pageNumber9Chairman Letchworth asked if anyone was under contract to build Mr Cox responded no Mr Cox stated that they wanted to see if they could change the amenities before doing anything else Ms Holmes asked if the covenants and restrictions that were provided to the one homeowner show that there would be a pool as an amenity Mr Cox responded that it does not and that they changed everything Chairman Letchworth stated that they have been fair in just showing the site plan on their website and not showing specific amenities and that it was appreciated Mr Newton suggested that the Board could require a condition be added to the special use permit with regard to this modification since there is only one current owner Mr Newton suggested a condition to require a plat of correction signed by the one owner and recorded There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval of the modification due to it being a slight change to the amenities and presented a draft statement of consistency and conditions for consideration There was some discussion among the Board Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 19 - 14 MOD with the addition of language for condition # 23 to add a corrective plat to reflect revised amenities to current and prospective owners , seconded by Mr Sasser , Rezoning Case 19 - 14 MOD was recommended for approval by a unanimous vote of 7 - 0 at the April 18 , 2023 Planning Board Meeting Special Use Conditions 1 Permitted Uses Mixed Use - Planned Unit Development 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 This development shall meet the requirements of LDC CH 14 Art 3 Div 5 and DM Sec 7 H 4 Provide Complete floodplain information 5 Provide Metes & bounds 6 Provide certifications in accordance with DM Sec 7 L 7 Provide entrance sign & street signs 8 Street name approval required 9 All lots shall access internal streets 10 Cul - de - sac lots shall have 20 ’ minimum road frontage 11 Complete improvements or provide performance guarantee Page 9 of 23Page012 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 L item 8 13 Provide perimeter buffer in accordance with LDC Sec 14 - 257 k 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 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 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 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 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 19 Soil Erosion & Sedimentation Control Plan required 20 Stormwater Compliance 21 Approval of water and sewer system 22 Right - of - way dedications or reservations will be determined during the driveway permitting process 23 Clubhouse on original site plan amenities be replaced with fenced area containing pickleball courts , dog park , picnic areas , and playground equipment Plat correction shall be required to make modifications to amenities known to current and prospective buyers 24 Reduce streetside building setbacks for 11 lots 25,40,41,56,57,72,73,88,89,102 & 123 be reduced to 15 ’ 25 Reduce overall lots from 124 to 123 Conditions in bold were added after the most recent TRC review Page 10 of 23Page1Page 11 of 23Page2Page 12 of 23Page3Page 13 of 23Page4Page 14 of 23Page5Page 15 of 23Page6Page 16 of 23Page7 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 April 5 , 2023 Powered by TCPDF wwwtcpdforg Page 17 of 23Page819 - 14 MOD 01 24 2023 - 02 24 2023 Page 18 of 23Page919 - 14 MOD Page 19 of 23Page0Page 20 of 23Page1Page 21 of 23Page223 of 22 PagePage3NORTH CAROLINA JOHNSTON COUNTY RESOLUTION DECLARING INTENT TO CONSIDER PERMANENT ROAD CLOSURE AND CALL FOR PUBLIC HEARING WHEREAS , pursuant to NC Gen Stat § 153A - 241 , a county may permanently close any public road within the county and not within a city , except for public roads under the control and supervision of the Department of Transportation ; and WHEREAS , the Board of Commissioners has received the attached request to abandon and close “ Veldt Lane ” as indicated on the attached map ; and WHEREAS , the Board of Commissioners shall first adopt a resolution declaring its intent to close the public road and calling a public hearing on the question ; and that the Board of Commissioners of Johnston County will consider the NOW , THEREFORE , BE IT RESOLVED closing of the entirety of Veldt Lane at its regularly scheduled meeting on July 17 , 2023 , after a public hearing The Board of Commissioners hereby calls a public hearing to be held on this issue on said date , and directs staff to provide notice , pursuant to NC Gen Stat § 153A - 241 , of the same th Adopted this the 5 day of June , 2023 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch Lawter , Jr , Chairman Page 23 of 23Page