April 3, 2023 - 6:00 PM - Board of Commissioners Rezoning Agenda Packet

10 PUBLIC NOTICE OF COUNTY BOARD MEETING April 3 , 2023 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , April 3 , 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 Visit from Miss Johnston County , Miss Johnston County’s Teen & Miss Smithfield’s Teen 3 Public Comment 4 Public Hearings Rezoning Conditional Use Requests CASE 22 - 17 – Applicant Shenandoah Homes to be postponed until May 1 , 2023 meeting CASE 22 - 18 – Applicant Shenandoah Homes to be postponed until May 1 , 2023 meeting CASE 23 - 06 – Applicant Johnston County Withdrawn by Applicant CASE 23 - 08 – Applicant Triple B # 32 - Mast , LLC 4 5 Comprehensive Land Use Plan Continued Discussion 6 Manager Reports and Comments 7 Board Reports and Comments Page 1 of 14PageApril 3 , 2023 6 00 pm 1 Approval Discussion of Agenda 2 Visit from 2023 Miss Johnston County , Miss Johnston County’s Teen and Miss Smithfield’s Teen Tiffany Smith , Miss Johnston County , Colleen McDermott , Miss Johnston County’s Teen and Kaylee Stavlas , Miss Smithfield’s Teen will address the Board 3 Public Comments 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 to be postponed per the Applicant until May 1 , 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 May 1 , 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 23 - 06 REZONING PETITION Withdrawn by Applicant Map Amendment to add 155 acres of Critical area and 7500 acres of Protected area to the Water Supply Watershed Overlay Tax ID Multiple Owner N A Applicant Johnston County 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 See memo and supporting documentation Page 2 of 14PageCASE 23 - 08 REZONING PETITION Petition to remove 1547 acres located at 5842 NC Hwy 42 W in the Cleveland Township from the Environmentally Sensitive Area ESA Tax ID 06D01008B Owner & Applicant Triple B # 32 - Mast , LLC 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 5 Comprehensive Land Use Plan Continued Discussion 6 Manager Reports and Comments 7 Board Reports and Comments Page 3 of 14PageFACT SHEET REZONING CASE 23 - 08 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Rezoning Petition Petition to remove 1547 acres located at 5842 NC Hwy 42 W in the Cleveland Township from the Environmentally Sensitive Area ESA Tax ID 06D01008B Owner Triple B # 32 - Mast , LLC Applicant Triple B # 32 - Mast , LLC … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which High levels of growth pressures already exist or are expected near term STAFF RECOMMENDATION APPROVAL … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? No one person spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 23 - 08 Sec 14 - 103 - Environmentally sensitive area district ES a Purpose and intent The environmentally sensitive area district ES is established as a district that overlays areas deemed environmentally sensitive Development within this overlay district shall comply with the regulations of the underlying zoning district , provisions of this section and any other applicable sections of this article b Definitions 1 Intermittent stream A natural drainage way , which shows up as a blue line on the USGA 75 minute quadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittent stream for purposes of this ordinance 2 Perennial stream Perennial streams are streams that have essentially continuous flows Perennial streams in the environmentally sensitive area are specifically designated to be Swift Creek , White Oak Creek , Little Creek from the US 70 Clayton bypass to Swift Creek , and the Little River from the county line to NC 39 c Delineation of 1 Perennial stream buffers Perennial stream buffers shall be measured from the top of the channel bank and extend landward a minimum distance of 100 feet measured horizontally on a line perpendicular to the water body , subject to the following conditions a The buffer shall be undisturbed and remain forested if currently forested b If the existing buffer is not forested , it shall be maintained in a natural state and allowed to revegetate c There shall be no fill allowed within the buffer area Page 4 of 14PagePage pageNumber5 2 Intermittent stream buffers Intermittent stream buffers shall have two zones as described below a Zone 1 shall be an undisturbed area extending from the channel bank landward a minimum of 30 feet measured horizontally on a line perpendicular to the water body b Zone 2 shall be a vegetative buffer extending from the outer edge of zone 1 landward a minimum of 20 feet measured horizontally on a line perpendicular to zone 1 3 Maintenance of buffers Zone 1 and zone 2 shall be maintained by the landowner or homeowners association to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion and infiltration of stormwater runoff and filtering of pollutants into the affected stream , consistent with maintenance criteria as set out in the county design manual 4 Exemptions The following are exempt from the stream buffer requirements of this section a Areas that are mapped on the USGS quadrangle map that do not exist on the ground b Ponds and lakes created for animal watering , irrigation of farm lands , or other agricultural uses that are not part of a natural drainageway c Where application of the requirements of this section would prevent all prospective use of a lot platted and recorded prior to May 26 , 1998 d Water dependent structures that are designed , constructed , and maintained to provide the maximum nutrient removal , have the least adverse affects on aquatic habitats and that protect water quality e Roads , bridges , stormwater management facilities , ponds , and utilities where no other practical alternative exists These structures shall be so located , designed , constructed , and maintained to have minimal disturbance , provide maximum nutrient removal , provide the least adverse effects on aquatic habitats and protect water quality to the maximum extent possible f Ditches and manmade conveyances other than modified natural streams 5 Flood hazard areas There shall be no development allowed within the areas of special flood hazard as defined in the county flood damage prevention ordinance , which shall be defined as residential and nonresidential structures , including improvements or additions to such structures However , specifically allowed improvements include public utility structures , buried utilities , roadways and accessways , and recreational facilities as long as no structures are involved d Density regulations 1 Residential development is permitted at an overall density of one dwelling unit per acre 40,000 square feet minimum lot size of gross land area STAFF RECOMMENDATION N A … See response from Johnston County Public Utilities Page 5 of 14PagePage pageNumber6Planning Board Minutes Case 23 - 08 February 21 , 2023 Rezoning Case 23 - 08 Rezoning Petition Map Amendment petition to remove parcel from the Environmentally Sensitive Area ESA Tax ID 06D01008B Owner Triple B # 32 - Mast , LLC Applicant Triple B # 32 - Mast , LLC Location 1547 acres located at 5842 NC Hwy 42 W in the Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Marr also stated that he provided information from the Land Development Code , Sec 14 - 103 - Environmentally sensitive area district ES Mr Marr stated that in the Board’s packet were maps provided by the Applicant to show their reasoning for the request , as well as a letter from Johnston County Public Utilities Director Chandra Farmer Mr Jerry Eatman , 3625 Laurel Hills Rd , Raleigh , NC , Lynch & Eatman , LLP , stated the particulars of the request and was present to answer any questions the Board may have Mr Eatman stated that engineers from Bohler Engineering were also present at tonight’s meeting , Will Swaringen and Ryan Gallagher There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 23 - 08 , seconded by Ms Hackler , Rezoning Case 23 - 08 was recommended for approval by a unanimous vote of 8 - 0 at the February 21 , 2023 Planning Board Meeting Page 6 of 14PagePage pageNumber7Page 7 of 14PagePage pageNumber8Page 8 of 14PagePage pageNumber9Page 9 of 14Page0Page 10 of 14Page1 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 12676 - 1 in 105633 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 January 27 , 2023 Powered by TCPDF wwwtcpdforg Page 11 of 14Page223 - 08 Ortho 02 19 2017 - 03 16 2017 Page 12 of 14Page323 - 08 Page 13 of 14Page4RESOLUTION FOR CASE NUMBER 23 - 08 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 a parcels identified as tax Tag ID 06D01008B located at 5842 NC Hwy42 in Cleveland Township , by removing the subject property from the Environmentally Sensitive Area Overlay District 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 10 Protect Natural and Cultural Sites ; Objective 10B Protect Ecologically Sensitive Areas ” 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 Environmentally Sensitive Area Overlay District is intended to be consistent with the drainage basins of the perennial streams identified in the Johnston County Land Development Code , Section 14 - 103 b 2 ; and b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that the map amendment corrects an inaccuracy 3 This Board approves the proposed zoning amendment , removing the subject parcels from the Environmentally Sensitive Area Overlay District rd Adopted this the 3 day of April , 2023 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 14 of 14Page