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

10 PUBLIC NOTICE OF COUNTY BOARD MEETING February 6 , 2023 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , February 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 - 17 – Applicant Shenandoah Homes to be postponed until April 3 , 2023 meeting CASE 22 - 18 – Applicant Shenandoah Homes to be postponed until April 3 , 2023 meeting CASE 22 - 31 – Applicant Amrutlal N Parmar 5 CASE 22 - 32 – Applicant Lipscomb Development , LLC 12 CASE 22 - 33 – Applicant Lisa Jane Landis and Nathan Landis 21 CASE 22 - 34 – Applicant Blue Water Sand & Gravel , Inc 40 4 Johnston County Comprehensive Transportation Plan Consultant Selection 56 5 Comprehensive Land Use Plan Continued Discussion 6 Manager Reports and Comments 7 Board Reports and Comments PageFebruary 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 - 17 To be postponed , per the request of the applicant , until the April 3 , 2023 6 00 pm 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 request of the applicant , until the April 3 , 2023 6 00 pm 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 22 - 31 REZONING PETITION Petition to rezone 263 acres located at 4631 NC 42 West in Clayton Township from Agricultural Residential AR to General Business GB Tax ID 06E02006D Owner & Applicant Amrutlal N Parmar 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 Page 2 of 60PageCASE 22 - 32 REZONING PETITION Petition to rezone 16584 acres located at the NE and SW corners of Thanksgiving Road NC 42 East in the Wilders Township from Agricultural Residential AR to General Business GB Tax ID 16L05030F , 16L05029G & 16L05029I Owner Black & Grey , LLC , Black & Grey II , LLC & Big Rooster , LLC Applicant Lipscomb Development , 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 22 - 33 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 43 acres located at 15219 NC Hwy 39 in O ” Neals Township from Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ Tax ID 11K99016C Owner Lisa Jane Landis Applicant Lisa Jane Landis and Nathan Landis Conditional Zoning Request Retail sale of Portable Wooden Utility Sheds 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 22 - 34 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 4 Johnston County Comprehensive Transportation Plan Consultant Selection Previously the Board approved staff to seek assistance with the development of a new Comprehensive Transportation Plan through a request for qualifications RFQ process An RFQ was released and responses were received by three qualified consulting firms McAdams , Kimley - Horn and Stantec A group consisting of professionals in the transportation industry and staff evaluated the responses from the three firms and based on the evaluation scores , staff recommends the selection of Kimley - Horn for the project pending successful contract negotiation See memo and scorecards Page 3 of 60Page5 Comprehensive Land Use Plan Continued Discussion 6 Manager Reports and Comments 7 Board Reports and Comments Page 4 of 60PagePage pageNumber5FACT SHEET CONDITIONAL ZONING CASE 22 - 31 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Rezoning Petition Petition to rezone 263 acres located 4631 NC 42 West in the Clayton Township from Agricultural Residential AR to General Business GB Tax ID 06E02006D Owner Amrutlal N Parmar Applicant Amrutlal N Parmar … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned Agricultural Residential AR and is vacant land ? Surrounding Land Uses Zoned AR and used for residential and agricultural purposes Zoned IHI - SUD and is a Mixed use Development Zoned GB and used as an auto parts store Zoned GB - SUD and is a carwash , gas station , shopping center Zoned I - 2 and IHI and used for a variety of Industrial as well as Business purposes … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of NC Hwy 42 W is 16,500 vpd 2021 This portion of NC Hwy 42 W appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which high levels of growth already exist or are anticipated near term This parcel is also between a Regional and Community Commercial Activity Nodes on the Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 4 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 It is also between a Regional and Community 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 RECOMMENDS APPROVAL of the rezoning for Case 22 - 31 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Page 5 of 60PagePage pageNumber6Planning Board Minutes Case 22 - 31 December 20 , 2022 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 06E02006D Owner Amrutlal N Parmar Applicant Amrutlal N Parmar Location 263 acres located 4631 NC 42 West in the Clayton Township Mr Marr introduced the case and referenced the information listed above Mr Douglas Cooper , 7412 Cornett Way , Raleigh , NC , representing the Owner Applicant , was present to answer any questions the Board may have Mr Cooper stated that the Applicant did not have a clear plan for the property yet , but that future plans would fit within the requested zoning There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Ms Byrd to approve Rezoning Case 22 - 31 , seconded by Ms Davis , Rezoning Case 22 - 31 was recommended for approval by a unanimous vote of 7 - 0 at the December 20 , 2022 Planning Board Meeting Page 6 of 60PagePage pageNumber7Page 7 of 60PagePage pageNumber8 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 December 8 , 2022 Powered by TCPDF wwwtcpdforg Page 8 of 60PagePage pageNumber922 - 31 Ortho 02 19 2017 - 03 16 2017 Page 9 of 60Page022 - 31 Page 10 of 60Page1RESOLUTION FOR CASE NUMBER 22 - 31 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 06E02006D located at 4631 NC 42 West in Clayton Township , from Agricultural Residential 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 Agricultural Residential to General Business Adopted this the 6th 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 11 of 60Page2FACT SHEET CONDITIONAL ZONING CASE 22 - 32 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Rezoning Petition Petition to rezone 16584 acres located at the NE and SW corners of Thanksgiving Rd NC 42 East in the Wilders Township from Agricultural Residential AR to General Business GB Tax ID 16L05030F , 16L05029G , & 16L05029I Owner Black & Grey , LLC , Black & Grey II , LLC & Big Rooster , LLC Applicant Lipscomb Development , LLC … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? North Side Fire District and Thanksgiving Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned Agricultural Residential AR and is vacant land ? Surrounding Land Uses Zoned AR and used for residential and agricultural purposes and fire station Zoned GB - SUD and is approved for a convenience store and a storage facility … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of NC Hwy 42 E is 8,600 vpd 2021 and Thanksgiving Fire Rd is 900 vpd 2019 This portion of NC Hwy 42 W appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan This denotes an area in which low to moderate levels of growth pressures are expected over the next 20 years These parcels are also in a Neighborhood Commercial Activity Nodes on the Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 11 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 It is also in a Neighborhood Center Activity Node The request is reasonable in that the proposed zoning is compatible with surrounding land uses and zoning districts … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? One person spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 22 - 32 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Page 12 of 60Page3Planning Board Minutes Case 22 - 32 December 20 , 2022 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 16L05030F , 16L05029G , & 16L05029I Owner Black & Grey , LLC , Black & Grey II , LLC & Big Rooster , LLC Applicant Lipscomb Development , LLC Location 16584 acres located at the NE and SW corners of Thanksgiving Rd NC 42 East in the Wilders Township Mr Marr introduced the case and referenced the information listed above Chairman Letchworth asked if the new or old Land Use Comprehensive Plan definitions are being used Staff responded that definitions used are from the old Land Use Comprehensive Plan and that the new draft plan has not been adopted Chairman Letchworth stated that the area of the subject property is not a secondary growth area anymore Ms Emily Beddingfield , 328 East Main St , Clayton , NC , Lipscomb Development , LLC , stated the particulars of the request and was present to answer any questions the Board may have As the Applicant , Ms Beddingfield stated that this is a request from three property owners with plans for development of the property and introduced the property owners present at the meeting Ms Beddingfield stated that the request is consistent with the future land use plan designating the subject area as a neighborhood center and that the intersection was previously identified as appropriate for commercial development Ms Beddingfield stated that one of the uses envisioned for the subject property is a Hudson’s Hardware Ms Beddingfield stated that a soils analysis has been completed to ensure that there is adequate septic soils and they have also discussed the site with NCDOT Mr Herbert Case , 16750 Buffalo Rd , Wendell , NC , expressed concerns for traffic safety in the subject area and wrecks at the intersection Mr Case expressed concerns for emergency services accessing NC HWY 42 with increased development and traffic 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 Page 13 of 60Page4Upon a motion by Ms Holmes to approve Rezoning Case 22 - 32 , seconded by Mr Hudson , Rezoning Case 22 - 32 was recommended for approval by a unanimous vote of 7 - 0 at the December 20 , 2022 Planning Board Meeting Page 14 of 60Page5Page 15 of 60Page6Page 16 of 60Page7 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 December 13 , 2022 Powered by TCPDF wwwtcpdforg Page 17 of 60Page8 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 December 12 , 2022 Powered by TCPDF wwwtcpdforg Page 18 of 60Page922 - 32 Page 19 of 60Page0RESOLUTION FOR CASE NUMBER 22 - 32 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcels identified as tax ID 16L05030F , 16L05029G , and 16L05029I located at NE and SW corners of Thanksgiving Road and NC 42 East in Wilders Township , from Agricultural Residential 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 Agricultural Residential to General Business Adopted this the 6th 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 60Page1FACT SHEET CONDITIONAL ZONING CASE 22 - 33 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Rezoning Petition Petition to rezone 43 acres located at 15219 NC Hwy 39 in the O’Neals Township from Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ Tax ID 11K99016C Owner Lisa Jane Landis Applicant Lisa Jane Landis and Nathan Landis Conditional Zoning Request Retail sale of Portable Wooden Utility Sheds … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? Corinth Holders Fire District and Clayton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned Agricultural Residential and is used as a sale site for Utility sheds ? Surrounding Land UsesZoned AR and used for residential and agricultural purposes … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 4 ? Our office received a complaint of a zoning violation for this property in July 2022 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 - 33 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Page 21 of 60Page2Conditions 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 Page 22 of 60Page3Planning Board Minutes Case 22 - 33 December 20 , 2022 Rezoning Petition Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ Tax ID 11K99016C Owner Lisa Jane Landis Applicant Lisa Jane Landis and Nathan Landis Location 43 acres located at 15219 NC Hwy 39 in the O’Neals Township Conditional Zoning Request Retail sale of Portable Wooden Utility Sheds Mr Marr introduced the case and referenced the information listed above Mr Marr stated that staff received a complaint of a zoning violation for the subject property in July 2022 Ms Hackler asked staff what the Applicants were told they needed to do to bring the property into compliance Mr Marr responded that the Zoning Enforcement Officer spoke with the Applicant and informed them that they would need to rezone the property and get an approved site plan to operate Ms Holmes asked staff if the Applicants have been in operation since the complaint or did they stop operation Mr Marr stated that he was unsure about continued operation but that the site appears the same as it did in July 2022 when the complaint was received Ms Davis described the subject property stating that there were storage buildings and sheds on display and Mr Marr stated that pictures were included in the Board’s packet Ms Holmes asked staff if the Applicant is supposed to cease operation until the property is in compliance Mr Marr responded that applicants are advised that they are in violation by the Zoning Enforcement Officer and they can attempt to rezone or they need to bring it into compliance Mr Marr stated that if they attempt to get a rezoning , the staff do not seek further penalties until it is resolved Mr Marr further stated that they are told to cease operations until they are in compliance Ms Hackler asked staff to explain the recommendation for denial Mr Marr responded that since the property was not in compliance and there is no approved site plan , the staff recommendation is denial Page 23 of 60Page4Mr Bob Spence , 212 S 2nd St , Smithfield , NC , Attorney representing the Applicant , stated the particulars of the request and was present to answer any questions the Board may have Mr Spence stated that the Applicant had previously inquired about putting a car lot on the subject property and was told that it was okay to do so and then an inspector visiting the site later told them that it was not an approved use Mr Spence stated that the Applicant has some post - Covid memory loss and lives on the property behind the subject property Mr Spence reviewed the proposed site plan and provided images from GIS to the Board Mr Spence and Mr Landis reviewed an enlarged image of the area and discussed land uses in the area Ms Hackler asked for clarification on the hours of operation as listed in the conditions to which Mr Landis confirmed the hours of operation as 9am - 6pm Monday - Friday , 9am - 5pm Saturday , and no business hours on Sunday Chairman Letchworth asked if the current driveway was built to NCDOT standards and if they had a driveway permit Mr Landis responded that he had a contractor install the driveway and he was not aware if it met NCDOT standards Mr Landis stated that they owned several of the neighboring properties and asked for forgiveness stating that they thought they had permission Mr Landis spoke about his business history Ms Hackler thanked Mr Landis for providing the site plan and trying to get within compliance Chairman Letchworth stated that the driveway is most likely not built to NCDOT standards and that the driveway would most likely need to be improved per NCDOT requirements as stated in the conditions Mr Spence shared additional information about distance from neighboring properties Chairman Letchworth asked Mr Landis how long they have lived on the property to which Mr Landis responded that they have owned the property for six years and lived on the property for four years Mr Landis also discussed the pond on his property and the impact of a new subdivision nearby Ms Hackler asked Mr Landis if he had reviewed and understood the proposed conditions and if he agreed to the proposed conditions Mr Landis agreed to the proposed conditions Ms Davis asked Mr Landis if he agreed to the hours of operation in the proposed conditions Mr Landis agreed to the hours of operation in the proposed conditions Chairman Letchworth asked Mr Landis if he wanted to extend the hours of operation Mr Landis agreed to the hours of operation as 9am - 8pm Monday - Friday , 9am - 5pm Saturday , and no business hours on Sunday Page 24 of 60Page5Ms Hackler reviewed the requested hours of operation to which Mr Landis confirmed and agreed to all other proposed conditions Mr Spence asked about the proposed conditions to which Mr Marr showed Mr Spence a copy of the proposed conditions There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to previous complaint and property not being brought into compliance Staff Recommendation Denial Upon a motion by Ms Hackler to approve Rezoning Case 22 - 33 with revisions to condition 5 concerning hours of operation , seconded by Ms Holmes , Rezoning Case 22 - 33 was recommended for approval by a unanimous vote of 7 - 0 at the December 20 , 2022 Planning Board Meeting Conditions 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 25 of 60Page6Page 26 of 60Page7Page 27 of 60Page8Page 28 of 60Page9Page 29 of 60Page0Page 30 of 60Page1Page 31 of 60Page2Page 32 of 60Page3Page 33 of 60Page4Page 34 of 60Page5Page 35 of 60Page6 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 December 14 , 2022 Powered by TCPDF wwwtcpdforg Page 36 of 60Page722 - 33 Ortho 02 19 2017 - 03 16 2017 Page 37 of 60Page822 - 33 Page 38 of 60Page9RESOLUTION FOR CASE NUMBER 22 - 33 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 11K99016C located at 15219 NC Hwy 39 in O’Neals Township , from Agricultural Residential to Community 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 Community 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 Community Business - 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 39 of 60Page0FACT 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 40 of 60Page1Conditions 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 41 of 60Page2Planning 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 42 of 60Page34 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 43 of 60Page4 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 44 of 60Page5dust 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 45 of 60Page6Page 46 of 60Page7Page 47 of 60Page8Page 48 of 60Page9Page 49 of 60PagePage pageNumber50Page 50 of 60PagePage pageNumber51Page 51 of 60PagePage pageNumber52 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 52 of 60PagePage pageNumber5322 - 34 Ortho 02 19 2017 - 03 16 2017 Page 53 of 60PagePage pageNumber5422 - 34 Page 54 of 60PagePage pageNumber55RESOLUTION 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 55 of 60PagePage pageNumber56Page 56 of 60PagePage pageNumber57Page 57 of 60PagePage pageNumber58Page 58 of 60PagePage pageNumber59Page 59 of 60PagePage pageNumber60Page 60 of 60Page