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

10 PUBLIC NOTICE OF COUNTY BOARD MEETING March 6 , 2023 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , March 6 , 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 Comments 3 Public Hearings Rezoning Conditional Use Requests CASE 22 - 34 – Applicant Blue Water Sand & Gravel , Inc 5 CASE 23 - 01 – Applicant Stephens Enterprises LLC , Withdrawn by Applicant CASE 23 - 02 – Applicant Waymon Tucker 21 CASE 23 - 03 – Applicant Jose Ascencio & Noel Laureno 29 CASE 23 - 04 – Applicant Kevin Creech 45 CASE 23 - 05 – Applicant RHF Holdings , LLC 63 CASE 23 - 06 – Applicant Johnston County To be continued to April 3 , 2023 per Applicant 4 Manager Reports and Comments 5 Board Reports and Comments Page 1 of 70PageMarch 6 , 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 - 34 Postponed from February 6 , 2023 6pm meeting REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 6611 acres located at 608 - 772 Williford Rd in Bentonville Township from Agricultural Residential AR to Industrial 2 - Conditional Zoning I2 - CZ Tax ID 02O15007 , 02O15007B & 02O15007C Owner K Farms , Inc Applicant Blue Water Sand & Gravel , Inc Conditional Zoning Request Sand Pit 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 conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 23 - 01 This case has been withdrawn by the applicant and will not be heard REZONING PETITION Petition to rezone 36887 acres located at 6154 and 6170 US Hwy 70 and 928 , 1500 & 1650 Gordon Rd in Clayton Township from Agricultural Residential AR to Industrial 1 I - 1 Tax ID 05I05024 , 05I05024A , 05I05026A , 05I05026E , 05I05026D , 05I05026B , 05I05026C , 05I05026F , 05I06030 , & 05I06030D Owner Stephens Enterprises , MAL Properties , Stephens Center , Central Carolina Realty & Stephens Trust Applicant Stephens Enterprises , MAL Properties , Stephens Center , etc The Planning Board recommends DENIAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption based on the recommendation for approval Page 2 of 70PageCASE 23 - 02 REZONING PETITION Petition to rezone 061acres located at 236 Danceart Dr in Cleveland Township from Office & Institutional OI to General Business GB Tax ID 06E02054K Owner Stephen Kornegay Applicant Waymon Tucker 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 - 03 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 503 acres located at 15110 NC 39 Hwy in O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01019B Owner Jose Ascencio Applicant Jose Ascencio & Noel Laure Conditional Zoning Request Commercial & Residential Landscape Supply Sales 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 conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 23 - 04 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 5885 acres located at 11000 block of Old Beulah Rd in O’Neals Township from Agricultural Residential AR to Industrial 1 - Conditional Zoning I - 1 - CZ Tax ID 11N05036C Owner & Applicant Kevin Creech Conditional Zoning Request Light general manufacturing for local medical industry 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 conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board Page 3 of 70PageCASE 23 - 05 REZONING PETITION Petition to rezone 52 acres located at 2959 & 2925 Cornwallis Rd in Cleveland Township from Agricultural Residential AR to General Business GB Tax ID 06E02031 , 06E03010A , & 06E02059M Owner Glen Ford , Sr Living Trust Applicant RHF Holdings , 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 CASE 23 - 06 To be postponed , per the request of the applicant , until the April 3 , 2023 6 00 pm meeting REZONING PETITION 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 4 Manager Reports and Comments 5 Board Reports and Comments Page 4 of 70PagePage pageNumber5FACT SHEET CONDITIONAL ZONING CASE 22 - 34 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Rezoning Petition Petition to rezone 6611 acres located at 608 - 722 Williford Rd in the Bentonville Township from Agricultural Residential AR to Industrial 2 - Conditional Zoning I2 - CZ Tax ID 02O15007 , 02O15007B , & 02O15007C Owner K Farms Inc Applicant Blue Water Sand & Gravel Inc Conditional Zoning Request Sand Pit … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? Bentonville Fire District and Princeton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned AR and used for agricultural purposes ? Surrounding Land Uses Zoned AR and is used for residential and agricultural purposes Zoned I - 2 - SUD and used for sand and gravel mining … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count Williford Rd is 150 vpd 2015 ? This portion of Williford Rd does not appear on the CTP as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 3 STAFF RECOMMENDATION Denial , due to previous complaint and property not being brought into compliance … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? No one person spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 22 - 34 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Statement This request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 3 Diversify and Expand the Economy ” and “ Goal 6 Preserve Farmland ” found in the Comprehensive Land Use Plan The request is reasonable and in the public interest in that the use can be limited in scope through the use of conditions , and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public Page 5 of 70PagePage pageNumber6Conditions 1 Proposed uses Retail sale of portable wooden utility sheds Proposed by applicant 2 No more than 16 display sheds on the front lot Proposed by applicant 3 Lighting will be one overhead lot lamp in the back that does not shine onto adjacent properties Proposed by applicant 4 There will be a paved drive through the lot Proposed by applicant 5 Hours of operation will be M - F 9am - 6pm 8pm and Saturdays from 9am - 5pm Proposed by applicant 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 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all property lines existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure an NCDOT driveway permit 12 Fire Lane signs may be required 13 May require a fire hydrant Items in bold were changed during the December 20 , 2022 Planning Board Meeting Page 6 of 70PagePage pageNumber7Planning Board Minutes Case 22 - 34 December 20 , 2022 Rezoning Petition Agricultural Residential AR to Industrial 2 - Conditional Zoning I2 - CZ Tax ID 02O15007 , 02O15007B , & 02O15007C Owner K Farms Inc Applicant Blue Water Sand & Gravel Inc Location 6611 acres located at 608 - 722 Williford Rd in the Bentonville Township Conditional Zoning Request Sand Pit Mr Marr introduced the case and referenced the information listed above Mr Marr stated that this was a request to extend an existing sand pit that was approved in March 2020 Mr James Ezell , 310 Tiffany Circle , Garner , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions the Board may have Mr Ezell stated that he was a geologist by trade and did environmental permitting and mine planning Mr Ezell stated that he had done the plans for this site Chairman Letchworth asked Mr Ezell if he had reviewed and understood the proposed conditions and if he agreed to the proposed conditions Mr Ezell agreed to the proposed conditions Mr Marr stated that the proposed conditions are identical to the special use across the road for the existing sand pit 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 and conditions for consideration Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 22 - 34 , seconded by Ms Hackler , Rezoning Case 22 - 34 was recommended for approval by a unanimous vote of 7 - 0 at the December 20 , 2022 Planning Board Meeting Conditions 1 Permitted Uses Sand and Gravel Mining Operation 2 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Operation hours for excavation and transporting materials Monday - Sunday dawn to dusk Page 7 of 70PagePage pageNumber84 No advertising signage 5 Obtain all required State permits and adhere to all State regulations 6 Existing vegetation shall remain within the buffer area Only exceptions will be shown on site plan 7 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 8 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation Page 8 of 70PagePage pageNumber9 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of Page 9 of 70Page0dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county Page 10 of 70Page1Page 11 of 70Page2Page 12 of 70Page3Page 13 of 70Page4Page 14 of 70Page5Page 15 of 70Page6Page 16 of 70Page7 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 25352 - 1 in 211266 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 December 15 , 2022 Powered by TCPDF wwwtcpdforg Page 17 of 70Page822 - 34 Ortho 02 19 2017 - 03 16 2017 Page 18 of 70Page922 - 34 Page 19 of 70Page0RESOLUTION FOR CASE NUMBER 22 - 34 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcels identified as tax IDs 02O15007 , 02O15007B , and 02O15007C located on Williford Road in the Bentonville Hill 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 request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 3A Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial 2 - Conditional Zoning th Adopted this the 6 day of February , 2023 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch Lawter , Jr , Chairman Page 20 of 70Page1FACT SHEET REZONING CASE 23 - 02 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Petition to rezone 061 acres located at 236 Danceart Dr in the Cleveland Rezoning Petition Township from Office & Institutional OI to General Business GB 06E02054K Tax ID Stephen Kornegay Owner Waymon Tucker Applicant … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned Office Institutional OI and currently vacant land Existing Land Use ? Zoned AR and used for agricultural and residential purposes Zoned O - I Surrounding Land Uses and currently vacant Zoned GB and currently being used for dance studio , storage facility , auto repair , realty office , etc … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns Traffic count on Cleveland Road was 12,000 vehicles per day 2020 This portion of Cleveland Rd appears on the CTP 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 pressures currently exist or are anticipated near term Additionally , this site is located within a “ Neighborhood Center ” activity node … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Additional Information ? Number of notices sent 10 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 Neighborhood 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 The Planning Board of the rezoning for Case 23 - 02 RECOMMENDS APPROVAL Page 21 of 70Page2Planning Board Minutes Case 23 - 02 January 18 , 2023 Rezoning Petition Office & Institutional OI to General Business GB Tax ID 06E02054K Owner Stephen Kornegay Applicant Waymon Tucker Location 061 acres located at 236 Danceart Dr in the Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr John Adcock , Adcock Law Firm representing the Applicant , stated the particulars of the request and was present to answer any questions the Board may have Mr Adcock stated that the subject property has a little bit of a buffer from a 180 ’ Duke Energy transmission line between the subject property and the residential properties to the west Mr Adcock also stated that the subject property is surrounded by common area as designated when the plats were recorded Chairman Letchworth asked about the access to the subject property Mr Adcock responded that the access would be determined during the site plan process Mr Adcock stated that the property was platted many years ago and that the property boundary was extended through a recombination survey dated November 16 , 2020 Mr Linwood Jones , a registered land surveyor and adjacent property owner , spoke in favor of the requested rezoning 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 Moore to approve Rezoning Case 23 - 02 , seconded by Ms Byrd , Rezoning Case 23 - 02 was recommended for approval by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Page 22 of 70Page3Page 23 of 70Page4Page 24 of 70Page5 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 3169 - 1 in 26408 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 11 , 2023 Powered by TCPDF wwwtcpdforg Page 25 of 70Page623 - 02 Ortho 02 19 2017 - 03 16 2017 Page 26 of 70Page723 - 02 Page 27 of 70Page8RESOLUTION FOR CASE NUMBER 23 - 02 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 06E02054K located at 236 Danceart Drive in Cleveland Township , from Office & Institutional to General Business WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment 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 General Business is compatible with surrounding land uses and zoning , which include other General Business zoning designations 3 This Board approves the proposed zoning amendment from Office & Institutional to General Business Adopted this the 6th day of March , 2023 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 28 of 70Page9FACT SHEET CONDITIONAL ZONING CASE 23 - 03 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Petition to rezone 503 acres located at 15110 NC 39 Hwy in the O’Neals Township Rezoning Petition from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 11M01019B Tax ID Jose Ascencio Owner Jose Ascencio & Noel Laureno Applicant Commercial & Residential Landscape Supply Sales Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services Corinth Holders Fire District and Clayton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning Zoned Agricultural Residential and used for those purposes Existing Land Use Zoned AR and used for residential and agricultural purposes Surrounding Land Uses … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns Traffic count for this portion of NC Hwy 39 is 5,200 vpd 2021 NC Hwy 39 appears on the CTP 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 pressures already exist or are anticipated near term … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 10 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 The request is reasonable in that the proposed zoning is a low traffic volume use and is near to several residential communities that it could serve … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board Four people spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 23 - 03 RECOMMENDS APPROVAL … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Page 29 of 70Page0Conditional 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 proposed business is on vacant parcel approximately 4,900 ’ south of Five County stadium on NC 39 All NCDOT and Johnston County development regulations will be applied Operational hours will be normal weekday business hours and Saturdays 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 Surrounding Properties include low density residential with high density commercial Five County stadium located approximately 4900 ’ north at US 64 Proposed business landscape supply will benefit commercial landscapers and residential public customers 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 Proposed use will adhere to Johnston County requirements for buffering and landscaping , hours of operation will be normal weekday business hours and Saturdays 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 site is in an area designated as a primary growth area Landscaping supply businesses are suited to support that growth 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 General Business , GB Proposed application as a conditional use zoning for a landscape supply business that will support the future growth of the area 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 Page 30 of 70Page1Applicant An eight - foot opaque fence will be installed around any outdoor storage areas adjacent to • residential uses No site lighting will be installed except for security lighting on the building to ensure the • security of property and the safety of persons entering or exiting the facility Normal Business hours 8am - 5pm Monday - Saturday , and closed Sundays • Only ground or monument signs will be installed as approved by the planning department • No pole signs will be installed Conditions 1 Proposed uses Landscape supply , commercial and retail public Proposed by applicant 2 An eight - foot opaque fence will be installed around any outdoor storage areas adjacent to residential uses Proposed by applicant 3 Only ground or monument signs will be installed as approved by the planning department No pole signs will be installed Proposed by applicant 4 No site lighting will be installed except for security lighting on the building to ensure the security of property and the safety of persons entering or exiting the facility Proposed by applicant 5 Normal Business hours 8am - 5pm Monday - Saturday , and closed Sundays Proposed by applicant 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 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all property lines existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure an NCDOT driveway permit 12 Left turn lane may be required as determined by NCDOT 13 Any gates will need to be equipped with Knox access for Fire Department 14 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties Page 31 of 70Page2Planning Board Minutes Case 23 - 03 January 18 , 2023 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01019B Owner Jose Ascencio Applicant Jose Ascencio & Noel Laureno Location 503 acres located at 15110 NC 39 Hwy in the O’Neals Township Conditional Zoning Request Commercial & Residential Landscape Supply Sales Mr Marr introduced the case and referenced the information listed above Mr Marr shared for reference that the subject property is near a conditional rezoning request heard at last month’s Planning Board meeting Ms Julie Spriggs , land planner with CAA Engineers , stated the particulars of the request and was present to answer any questions the Board may have Ms Spriggs stated that they are agreeable to all of the proposed conditions Ms Spriggs stated that there is a 50 ’ easement on the southside of the property that will remain Mr Rudolph Williamson , 15040 NC HWY 39 , Zebulon , NC , an adjacent property owner , expressed concerns for traffic and public safety and requested the subject property remain residential Ms Tonya Williamson , 15040 NC HWY 39 , Zebulon , NC , an adjacent resident , stated that there is growth in the area and expressed concerns for increased traffic and public safety Ms Williamson stated that the area is mostly an older population and expressed concerns for pesticides and chemicals 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 and conditions for consideration Ms Holmes asked about the location of the previously approved rezoning to which staff pointed out the parcel on GIS Mr Marr stated that the Applicant would need to obtain a NCDOT driveway permit and a left turn lane may be required as determined by NCDOT Chairman Letchworth expressed concerns for trucks turning into the site Page 32 of 70Page3Ms Byrd stated that the previously approved rezoning across the road was a lot of remote purchasing and not a lot of traffic to which Mr Marr confirmed Mr Marr also stated that a public safety concern with the previous rezoning property was that buildings were in NCDOT right - of - way Chairman Letchworth stated that it looked like six or seven parking spaces on the preliminary site plan Ms Davis stated that the subject property was narrow There was discussion among the Board concerning previous conditional rezoning requests for similar uses Ms Davis asked about the hours of operation to which Mr Marr responded that those were proposed by the Applicant Ms Davis expressed concern for trucks being able to safely turn in and out of the subject property Ms Holmes stated that there will be conditions from NCDOT Ms Hackler expressed concerns for the location but stated that minimum requirements have been met for County Ordinance and NCDOT will have input on driveways and traffic safety Staff Recommendation Approval Upon a motion by Ms Hackler to approve Rezoning Case 23 - 03 , seconded by Mr Little , Rezoning Case 23 - 03 was recommended for approval by a vote of 7 - 1 at the January 18 , 2023 Planning Board Meeting , with Mr Moore dissenting Conditions 1 Proposed uses Landscape supply , commercial and retail public Proposed by applicant 2 An eight - foot opaque fence will be installed around any outdoor storage areas adjacent to residential uses Proposed by applicant 3 Only ground or monument signs will be installed as approved by the planning department No pole signs will be installed Proposed by applicant 4 No site lighting will be installed except for security lighting on the building to ensure the security of property and the safety of persons entering or exiting the facility Proposed by applicant 5 Normal Business hours 8am - 5pm Monday - Saturday , and closed Sundays Proposed by applicant 6 The development shall conform to all requirements of the Johnston County Land Development Code Page 33 of 70Page47 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all property lines existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure an NCDOT driveway permit 12 Left turn lane may be required as determined by NCDOT 13 Any gates will need to be equipped with Knox access for Fire Department 14 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties Page 34 of 70Page5Page 35 of 70Page6Page 36 of 70Page7Page 37 of 70Page8Page 38 of 70Page9Page 39 of 70Page0Page 40 of 70Page1 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 11 , 2023 Powered by TCPDF wwwtcpdforg Page 41 of 70Page223 - 03 Ortho 02 19 2017 - 03 16 2017 Page 42 of 70Page323 - 03 Page 43 of 70Page4RESOLUTION FOR CASE NUMBER 23 - 03 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 11M01019B located at 15110 NC Hwy 39 in O’Neals 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 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 , Objective 2C Reduce the possibility of incompatible uses and mitigate them when they occur ” 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 - CZ provides a complimentary service within a growing area ; and b The site is located within the Primary Growth Area which is experiencing the stressors of growth and requires a need for specific services within the community 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning BOARD OF COMMISSIONERS FOR th Adopted this the 6 day of March , 2023 THE COUNTY OF JOHNSTON ATTEST By ____________________________ RS Butch Lawter , Jr Chairman _____________________________ Dana C Cuddington , Clerk to the Board Page 44 of 70Page5FACT SHEET CONDITIONAL ZONING CASE 23 - 04 Petition to rezone 5885 acres located at 11000 block of Old Beulah Rd in the Rezoning Petition O’Neals Township from Agricultural Residential AR to Industrial 1 - Conditional Zoning I - 1 - CZ 11N05036C Tax ID Kevin Creech Owner Kevin Creech Applicant Light general manufacturing for local medical industry Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services Shoe Heel Fire District and Thanksgiving Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning Zoned Agricultural Residential and is used for those purposes Existing Land Use Zoned AR and used for residential and agricultural purposes Surrounding Land Uses … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Old Beulah Rd is 650 vpd 2021 ? Old Beulah Rd does not appear on the CTP as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan This area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan This denotes areas in which low levels of growth pressures are anticipated over the next 20 years … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 6 STAFF RECOMMENDATION APPROVAL , based on the following consistency statement and conditions … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 there are several other approved conditional zonings in the area and it is close to a “ Neighborhood Center ” commercial activity node … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 23 - 04 RECOMMENDS APPROVAL … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 property and structure shall be used as a general manufacturing space for servicing the local medical industry All manufacturing activities shall be confined inside the structure All customer interaction shall take place at the customer’s site , where the service or delivery is offered This will Page 45 of 70Page6strengthen local medical manufacturers 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 Uses of the development will utilize existing three - phase power on the property The location provides a central base point to surrounding medical manufacturers in this area 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 Development of this location will add value to the surrounding area by the services that the business offers to the area No customer presence is required at the site A planned employee head count is 3 to 5 people daily 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 There are several other existing low - intensity light industrial uses in close proximity to this proposed use This proposed conditional zoning change will not adversely affect the surrounding rural area and should comply with the Comprehensive Land Use Plan 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 Proposed use of the development provides manufacturing support to surrounding medical manufacturing corporations ABCO Inc will oversee construction and development of the property A 75 ’ x100 ’ floor size metal structure industrial building is proposed Land uses include manufacturing space , freight delivery shipment of materials , and is a base point for field services 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 A Hours of operation M - F 8am - 5pm B Noise control All manufacturing confined indoors C Building height not to exceed 24 ’ D Landscape Buffer Yard “ C ” required where adjacent to AR zoned parcels Existing vegetation can be utilized towards satisfying the buffer requirement E NCDOT Driveway Permit will be required F Site lighting to be building mounted and shall comply with County lighting standards G County water & septic are proposed Page 46 of 70Page7Conditions 1 Proposed uses Light general manufacturing for local medical industry Proposed by applicant 2 Building height not to exceed 24 ’ Proposed by applicant 3 County Water & Septic Proposed by applicant 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Lighting shall be engineered so as to not shine onto adjacent properties Proposed by applicant 6 Hours of operation M - F 8am - 5pm Proposed by applicant 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 Noise control All manufacturing confined indoors Proposed by applicant 9 Landscape Buffer Yard “ C ” required where adjacent to AR zoned parcels Existing vegetation can be utilized towards satisfying the buffer requirement Proposed by applicant 10 All signage shall comply with the Johnston County sign code limited to one 60 sf ground or monument sign only 11 All structures must comply with all rules enforced by Federal , State , and Local agencies 12 Secure an NCDOT driveway permit Proposed by applicant 13 Knox Box or Knox e - switch to be located on site for Emergency personnel access Proposed by applicant 14 Paved driveway apron required by NCDOT 15 Any proposed gate will need to be equipped with Knox access for Fire Department Page 47 of 70Page8Planning Board Minutes Case 23 - 04 January 18 , 2023 Rezoning Petition Agricultural Residential AR to Industrial 1 - Conditional Zoning I - 1 - CZ Tax ID 11N05036C Owner Kevin Creech Applicant Kevin Creech Location 5885 acres located at 11000 block of Old Beulah Rd in the O’Neals Township Conditional Zoning Request Light general manufacturing for local medical industry Mr Marr introduced the case and referenced the information listed above Ms Howard asked about county water and sewer at the subject property to which Mr Marr responded that it would be septic Ms Hackler asked if there were any other I - 1 zonings in the area Mr Marr responded that there was Community Business , General Business , and I - 2 , but only Agricultural Residential in the immediate area of the subject property Ms Davis stated that the application stated a planned employee head count of three to five people a day Ms Holmes stated that the application stated the purpose is manufacturing for a local medical industry Mr Steve Oliverio , 1906 Nash Street , Wilson , NC , Bartlett Engineering & Surveying , stated the particulars of the request and was present to answer any questions the Board may have Mr Oliverio stated that the Applicant was good with all of the proposed conditions Mr Oliverio stated that Mr Creech provides machine work repair for the medical industry and Mr Creech resides across the road from the subject property Mr Kevin Creech , 11111 Old Beulah Rd , Kenly , NC , Owner Applicant , stated that there is proposed improvement to an existing farm road for a paved driveway apron as required by NCDOT Mr Creech stated any manufacturing noise would be contained inside the building Ms Hackler asked if the existing barns would remain to which Mr Creech confirmed Chairman Letchworth asked Mr Creech if this is machines coming into his shop needing repair or some work and the work will be completed on site and then someone comes back to pick up the machine Page 48 of 70Page9Mr Creech responded that was correct and that they are a central location to all of their surrounding medical customers Chairman Letchworth asked what type of vehicles would the machines come in on Mr Creech responded that they would come in on 18 - wheelers , box trucks , and other trucks of the sort Chairman Letchworth asked about the volume of traffic of the heavy equipment Mr Creech responded that it is once a month , twice a month Mr Creech stated that they would have standard UPS deliveries on almost a daily basis , but the bigger stuff would be few and far between Mr William Creech , 11365 Old Beulah Rd , Kenly , NC , an adjacent property owner , stated that he had no reservations with the proposed rezoning 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 and conditions for consideration Mr Marr stated that he worked with Mr Creech to find an appropriate category for this rezoning request Chairman Letchworth asked Mr Creech if he had reviewed and understood the proposed conditions and if he agreed to the proposed conditions Mr Creech confirmed and agreed to the proposed conditions Chairman Letchworth asked Mr Creech about the proposed hours of operation Mr Creech confirmed that the proposed hours of operation are sufficient and confirmed that all other proposed conditions are acceptable Staff Recommendation Approval Upon a motion by Mr Little to approve Rezoning Case 23 - 04 , seconded by Mr Moore , Rezoning Case 23 - 04 was recommended for approval by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Conditions 1 Proposed uses Light general manufacturing for local medical industry Proposed by applicant 2 Building height not to exceed 24 ’ Proposed by applicant Page 49 of 70PagePage pageNumber503 County Water & Septic Proposed by applicant 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Lighting shall be engineered so as to not shine onto adjacent properties Proposed by applicant 6 Hours of operation M - F 8am - 5pm Proposed by applicant 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 Noise control All manufacturing confined indoors Proposed by applicant 9 Landscape Buffer Yard “ C ” required where adjacent to AR zoned parcels Existing vegetation can be utilized towards satisfying the buffer requirement Proposed by applicant 10 All signage shall comply with the Johnston County sign code limited to one 60 sf ground or monument sign only 11 All structures must comply with all rules enforced by Federal , State , and Local agencies 12 Secure an NCDOT driveway permit Proposed by applicant 13 Knox Box or Knox e - switch to be located on site for Emergency personnel access Proposed by applicant 14 Paved driveway apron required by NCDOT 15 Any proposed gate will need to be equipped with Knox access for Fire Department Page 50 of 70PagePage pageNumber51Page 51 of 70PagePage pageNumber52Page 52 of 70PagePage pageNumber53Page 53 of 70PagePage pageNumber54Page 54 of 70PagePage pageNumber55Page 55 of 70PagePage pageNumber56Page 56 of 70PagePage pageNumber57Page 57 of 70PagePage pageNumber58Page 58 of 70PagePage pageNumber59 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 12 , 2023 Powered by TCPDF wwwtcpdforg Page 59 of 70PagePage pageNumber60 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6338 - 1 in 52816 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 12 , 2023 Powered by TCPDF wwwtcpdforg Page 60 of 70PagePage pageNumber6123 - 04 Page 61 of 70PagePage pageNumber62RESOLUTION FOR CASE NUMBER 23 - 04 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 11N05036C located in the 11000 block of Old Beulah Rd in O’Neals Township , from Agricultural Residential to Industrial 1 - 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 publi