December 5, 2022 - 6:00 PM - Board of Commissioners Rezoning Agenda Packet

10 PUBLIC NOTICE OF COUNTY BOARD MEETING December 5 , 2022 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , December 5 , 2022 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 In an effort to continue social distancing practices during the COVID - 19 Pandemic , please be advised that there will be limited seating available in the Commissioners Meeting Room for the public ; however , an additional limited amount of overflow space will be available in the hallway outside the room For citizens that would like to address the Board for Public Comment or any of the cases listed below but have concerns with physically attending the meeting , please email the Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom or call 919 989 - 5100 The meeting will be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Public Comments 3 NC Department of Transportation – Easement Request 4 4 Public Hearings Rezoning Conditional Use Requests CASE 22 - 17 – Applicant Shenandoah Homes to be postponed until February 6 , 2023 meeting CASE 22 - 18 – Applicant Shenandoah Homes to be postponed until February 6 , 2023 meeting CASE 22 - 27 – Applicant Adams & Hodge Engineering , PC 13 CASE 22 - 28 – Applicant Adams & Hodge Engineering , PC 35 5 Planning Activity Report and Comprehensive Land Use Plan continued discussion 6 Manager Reports and Comments 7 Board Reports and Comments Page 1 of 45PageDecember 5 , 2022 6 00 pm 1 Approval Discussion of Agenda 2 Public Comments 3 NC Department of Transportation – Easement Request At the October 17 , 2022 and November 7 , 2022 Board meetings , the North Carolina Department of Transportation requested the Board to grant an easement on property identified as Tax ID 15I09033B at the bridge on NC Hwy 210 , just before the Johnston County Agricultural Center The NCDOT will be replacing the bridge at this location and requests a drainage easement from Johnston County The Board has taken no action on the request to allow time to further review and meet with the DOT See memos and drainage easement request 4 Public Hearings Rezonings 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 February 6 , 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 February 6 , 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 - 27 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 373 acres located at 4880 NC Hwy 96 in the Selma Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 14M08010B Owner Blade Hunter Perdue Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Outdoor Storage 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 2 of 45PageCASE 22 - 28 REZONING PETITION Map Amendment petition to remove a parcel from the Environmentally Sensitive Area ESA Tax ID 11L05023Q Owner John Robert Foscue & Rani Celeste Foscue Applicant Adams & Hodge Engineering , PC 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 Additional Info Maps ESA Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board 4 Planning Activity Report and Comprehensive Land Use Plan continued discussion 5 Manager Reports and Comments 6 Board Reports and Comments Page 3 of 45PagePage 4 of 45PagePage pageNumber5Page 5 of 45PagePage pageNumber6Page 6 of 45PagePage pageNumber7Page 7 of 45PagePage pageNumber8Page 8 of 45PagePage pageNumber9Page 9 of 45Page0Page 10 of 45Page1Page 11 of 45Page2NOTICE OF PUBLIC HEARING The Johnston County Board of Commissioners will conduct Rezoning Petition Application Public Hearings for the following cases on Monday , December 5 , 2022 at their 6 00 pm meeting After each rezoning case is heard , the rezoning public hearing , which is a legislative hearing , will be recessed and the Board will render a decision These hearings will be held in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , North Carolina If there are any citizens that would like to address the Board regarding any of the cases listed below but have concerns with physically attending the meeting , please email those concerns to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom or call 919 989 - 5100 The meeting will be live streamed through YouTube at https wwwyoutubecom jocogovnc CASE 22 - 17 Rezoning Petition A 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 CASE 22 - 18 Rezoning Petition A 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 CASE 22 - 27 Rezoning Petition Petition to rezone 373 acres located at 4880 NC Hwy 96 in the Selma Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 14M08010B Owner Blade Hunter Perdue Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Outdoor Storage CASE 22 - 28 Rezoning Petition Map Amendment petition to remove a parcel from the Environmentally Sensitive Area ESA Tax ID 11L05023Q Owner John Robert Foscue & Rani Celeste Foscue Applicant Adams & Hodge Engineering , PC The public may obtain additional information on the above rezoning cases through the Johnston County Planning and Zoning Department located at 309 E Market Street , Smithfield , North Carolina between the hours of 8 00 am and 5 00 pm , Monday through Friday , or call 919 - 989 - 5150 RS “ Butch ” Lawter , Jr , Chairman Johnston County Board of Commissioners Page 12 of 45Page3FACT SHEET CONDITIONAL ZONING CASE 22 - 27 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Rezoning Petition Petition to rezone 373 acres located at 4880 NC Hwy 96 in the Selma Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 14M08010B Owner Blade Hunter Perdue Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Outdoor Storage … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? North Side Fire District and Thanksgiving Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned Agricultural Residential and is vacant land ? Surrounding Land Uses Zoned AR and used for residential and agricultural purposes , Zoned I - 1 and used as woodworking shop , Zoned CB and used as a gas station , auto service station , zoned GB - SUD and is a Dollar General and is zoned MHP and used as a mobile home park … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of NC Hwy 96 is 2,100 vpd 2018 ? NC Hwy 96 appears on the CTP as an existing major thoroughfare 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 anticipated over the next 20 years … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 7 STAFF RECOMMENDATION APPROVAL , based on the following consistency statement and conditions … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 a General Business is compatible with surrounding land uses and zoning , which include several businesses … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? Two people spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 22 - 27 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Conditional Zoning Applicant Questions Page 13 of 45Page41 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 rezoning to GB - CD for an outdoor storage area is typical for zoning that generally supports the increase of residential development in the Selma Township area With the growth in residential development in and around the Selma area , comes the need for storage of boats , trailers , RV’s along with other recreational and commercial vehicles The proposed development of an outdoor storage facility will provide a location that will allow for safe and secure storage of these vehicles that is environmentally compatible erosion control stormwater , screened , buffered and landscaped so as to be aesthetically pleasing to adjacent properties and the motoring public The facility will provide an alternative for storing boats , trailers , RV’s , etc that would otherwise be parked on subdivision roads or cluttering residential properties By allowing the rezoning for the development of the outdoor storage facility the roadways in nearby subdivisions should be made safer and the visual environment of those same neighborhoods should be maintained or improved Access to the facility will be from east side of NC Hwy 96 , approximately one - quarter mile from the intersection of Live Oak Rd and NC Hwy 96 There is an existing pond on site that will be used for stormwater management and will be constructed that it will regulate the volume and the quality of the stormwater discharge from the property By constructing a secure storage facility that is fenced , screened and landscaped the public health , safety and welfare will be protected 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 In the General Business District outdoor storage is a permitted use by right and would not require the Conditional District The Conditional District is proposed to specify the uses within the General Business District The proposed outdoor storage facility will provide an 8 foot opaque fence or a 4 foot berm with an adequate planting of evergreen material , at staff’s discretion , to satisfy the intent of the opaque fencing requirement , and will be installed around storage area The outdoor storage facility 373 ac will facilitate the need of outdoor storage in the surrounding communities for individuals that do not have capabilities for storing outdoor equipment due to space and to Home Owner Associations 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 Access to the property is proposed from the east side of NC Hwy 96 The physical limits of the proposed area of the outdoor storage are to be compacted gravel Storm Water from the property will be conveyed to an existing pond constructed into a stormwater management facility that will regulate the quality and quantity of storm water discharge from the property An 8 foot opaque fence or a 4 foot berm with an adequate planting of evergreen material , at staff’s discretion , to satisfy the intent of the opaque fencing requirement , will be installed around storage area One code access gate with adequate stacking distance to minimize potential for traffic backing up on NC Hwy 96 will be constructed Twenty - foot landscape buffers will be constructed along NC Hwy 96 Ten - foot buffers will be constructed adjacent to properties north , south and east of the outdoor storage facility By providing good access , perimeter screening fencing , adequate landscape buffers and sustainable storm water management the outdoor storage facility will blend in to the surrounding Page 14 of 45Page5area In addition , the use of the facility will be very limited and will be for short duration only Minimal dust and noise will be generated by the use of the facility 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 intersection of Little Devine Rd and NC Hwy 96 is identified in the Comprehensive Plan as a Neighborhood Center and lies in a Secondary Growth Area As it specifies in the Comprehensive Growth Plan , a Secondary Growth Area is a generalized area of the county that will experience urban - type growth beyond the time horizon of the 2030 Comprehensive Growth Plan The time is approaching and the proposed use of an outdoor storage area for boats , trailers , RV’s and other recreational and commercial vehicles is definitely a service type business that will help serve the urban - type development that is occurring in the area now and in the future This secondary growth area lies closely to a Primary Growth area according to 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 Purpose The purpose of the conditional zoning district is to allow for an outdoor storage facility All of the 373 ac property which is vacant is zoned AR district It is requested to rezone the property to GB - CD to allow for the construction of an outdoor storage facility Narrative Please refer to the Site Plan - Johnson Wood Storage prepared by A & H engineering , PC dated 9 01 2022 No water and sewer utilities are planned because there is no building s proposed that would require water and sewer services Storm water management facilities are proposed since the development of the property to an outdoor storage would involve more than 17,000 sf of impervious surface area The storm water management facility will be designed so as to regulate the quantity and quality of storm water discharge from the property An 8 foot opaque fence or a 4 foot berm with an adequate planting of evergreen material , at staff’s discretion , to satisfy the intent of the opaque fencing requirement , will be installed around storage area The storage area will be accessed through a code gate located off the east side of NC Hwy 96 The gate will be setback from the edge of the pavement on NC Hwy 96 to allow for adequate stacking distance The actual surface of the storage area will be compacted gravel No pavement is proposed except at the entrance off NC Hwy 96 In addition to the fence there will be 30 ft landscape buffers on NC Hwy 96 The adjacent residential properties to the north , south and east of the tract will be screened with a 10 ft landscape buffer All landscaping will be in accordance with the Johnston County buffer requirements Access to the property will be very low volume and will primarily be during working hours Area lighting will be engineered dark sky down lighting so as to not shine onto adjacent properties Page 15 of 45Page6Proposed Uses 24 hour accessible outdoor storage Storage of RV’s , travel trailers , utility trailers non - enclosed and enclosed , boats , and 10 - wheeled box trucks 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 Standard prescribed uses , setbacks , buffers , landscaping and other site development standards that would normally apply to the development parcels Conditions 1 Proposed uses Land use restricted to outdoor storage of boats , RV’s , travel trailers , trailers , and 10 - wheeled box trucks Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code Proposed by applicant 3 Lighting shall be engineered dark sky down - lighting so as to not shine onto adjacent properties Proposed by applicant 4 24 - hour accessibility Proposed by applicant 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff Proposed by applicant 6 Site may include a future covered 3 - sided outdoor storage area Proposed by applicant 7 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 8 All signage shall comply with the Johnston County sign code Proposed by applicant 9 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 10 If one acre or more is planned to be disturbed , an erosion control permit will be required 11 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 12 An 8 foot opaque fence or an 8 foot fence 4 foot berm with an adequate planting of evergreen material , at staff’s discretion , to satisfy the intent of the opaque fence requirement , will be installed around storage area 13 NCDOT driveway permit required Page 16 of 45Page714 Gate shall be at least 100 ’ from right of way if trailer storage is proposed and be permitted by the Johnston County Building Inspections and the Fire Marshal Division 15 Gate must have Knox e - switch for Emergency personnel access Page 17 of 45Page8Planning Board Minutes Case 22 - 27 October 20 , 2022 Rezoning Case 22 - 27 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 14M08010B Owner Blade Hunter Perdue Applicant Adams & Hodge Engineering , PC Location 373 acres located at 4880 NC Hwy 96 in the Selma Township Conditional Zoning Request Outdoor Storage Mr Marr introduced the case and referenced the information listed above Mr Donnie Adams , 314 E Main St , Clayton , NC , Surveyor Engineer with Adams & Hodge Engineering , PC , stated the particulars of the request and was present to answer any questions the Board may have Mr Adams also stated that he had reviewed the proposed conditions and agreed to the proposed conditions Chairman Letchworth asked about the proposed land use for outdoor storage and no structures Mr Adams confirmed and stated that there is a condition that the proposed site may include a covered storage area in the future Ms Davis spoke about the 24 - hour accessibility condition Mr Anthony Pleasant , 5016 NC HWY 96 N , Selma , NC , an adjacent property owner , shared concerns about the impact on property value , the 24 - hour accessibility , and the close proximity to his home Chairman Letchworth spoke about the proposed condition for an 8 foot opaque fence surrounding the entirety of the subject property Ms Annette Calderia , 5014 NC HWY 96 N , Selma , NC , an adjacent property owner , shared concerns for the proposed outdoor storage Chairman Letchworth asked Mr Adams about the purpose for fencing around the property creating a barrier between the Pleasant and Norris properties Mr Adams responded that the subject property’s owner wanted the option to fence in the entire property and does not have plans to go beyond the pond The narrow portion of the subject property may be used to handle stormwater Mr Adams further discussed the 8 foot opaque fence with Page 18 of 45Page9evergreen landscaping in front of the fence or an 8 foot fence with a 4 foot berm and evergreen landscaping Ms Davis asked about the closest outdoor storage in relation to the subject property to which Mr Adams stated he did not have an answer Chairman Letchworth asked Mr Adams about the proposed conditions to which Mr Adams agreed to the proposed conditions Ms Byrd asked for clarification that there are no plans for storage in the narrow portion of the subject property between the Pleasant and Norris properties to which Mr Adams confirmed that there are no plans for storage in that area of the subject property Ms Davis asked about lighting requirements in the conditions to which Mr Adams stated they were included in the conditions 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 Chairman Letchworth asked staff to revisit the surrounding zonings in the area Mr Marr stated that the area is a community activity node with the surrounding zonings in the area including AR and used for residential and agricultural purposes , I - 1 and used as woodworking shop , CB and used as a gas station , auto service station , GB - SUD and is a Dollar General , and MHP and used as a mobile home park Ms Davis asked about the number of storage lots proposed to which Mr Adams responded with 87 lots Staff Recommendation Approval Upon a motion by Ms Hackler to approve Rezoning Case 22 - 27 , seconded by Mr Hudson , Rezoning Case 22 - 27 was recommended for approval by a unanimous vote of 7 - 1 at the October 18 , 2022 Planning Board Meeting with Mr Moore in dissent Conditions 1 Proposed uses Land use restricted to outdoor storage of boats , RV’s , travel trailers , trailers , and 10 - wheeled box trucks Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code Proposed by applicant 3 Lighting shall be engineered dark sky down - lighting so as to not shine onto adjacent properties Proposed by applicant 4 24 - hour accessibility Proposed by applicant Page 19 of 45Page05 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff Proposed by applicant 6 Site may include a future covered 3 - sided outdoor storage area Proposed by applicant 7 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 8 All signage shall comply with the Johnston County sign code Proposed by applicant 9 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 10 If one acre or more is planned to be disturbed , an erosion control permit will be required 11 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 12 An 8 foot opaque fence or an 8 foot fence 4 foot berm with an adequate planting of evergreen material , at staff’s discretion , to satisfy the intent of the opaque fence requirement , will be installed around storage area 13 NCDOT driveway permit required 14 Gate shall be at least 100 ’ from right of way if trailer storage is proposed and be permitted by the Johnston County Building Inspections and the Fire Marshal Division 15 Gate must have a Knox e - switch for Emergency personnel access Page 20 of 45Page1Page 21 of 45Page2Page 22 of 45Page3Page 23 of 45Page4Page 24 of 45Page5Page 25 of 45Page6Page 26 of 45Page7Page 27 of 45Page8Page 28 of 45Page9Page 29 of 45Page0Page 30 of 45Page1 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 13068 - 1 in 108901 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling October 10 , 2022 Powered by TCPDF wwwtcpdforg Page 31 of 45Page222 - 27 Ortho 02 19 2017 - 03 16 2017 Page 32 of 45Page322 - 27 Page 33 of 45Page4RESOLUTION FOR CASE NUMBER 22 - 27 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 14M08010B located at 4880 NC Hwy 96 in Selma 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 - Conditional Zoning provides a complimentary service within a growing community ; and b The site is located within the Secondary 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 th Adopted this the 5 day of December , 2022 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Page 34 of 45Page5FACT SHEET REZONING CASE 22 - 28 Rezoning Petition Map Amendment petition to remove parcel from Environmentally Sensitive Area ESA Tax ID 11L05023Q Owner John Robert Foscue & Rani Celeste Foscue Applicant Adams & Hodge Engineering , PC … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? 50 210 Fire District and Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 Sec 14 - 103 - Environmentally sensitive area district ES a Purpose and intent The environmentally sensitive area district ES is established as a district that overlays areas deemed environmentally sensitive Development within this overlay district shall comply with the regulations of the underlying zoning district , provisions of this section and any other applicable sections of this article b Definitions 1 Intermittent stream A natural drainage way , which shows up as a blue line on the USGA 75 minute quadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittent stream for purposes of this ordinance 2 Perennial stream Perennial streams are streams that have essentially continuous flows Perennial streams in the environmentally sensitive area are specifically designated to be Swift Creek , White Oak Creek , Little Creek from the US 70 Clayton bypass to Swift Creek , and the Little River from the county line to NC 39 c Delineation of 1 Perennial stream buffers Perennial stream buffers shall be measured from the top of the channel bank and extend landward a minimum distance of 100 feet measured horizontally on a line perpendicular to the water body , subject to the following conditions a The buffer shall be undisturbed and remain forested if currently forested b If the existing buffer is not forested , it shall be maintained in a natural state and allowed to revegetate c There shall be no fill allowed within the buffer area 2 Intermittent stream buffers Intermittent stream buffers shall have two zones as described below a Zone 1 shall be an undisturbed area extending from the channel bank landward a minimum of 30 feet measured horizontally on a line perpendicular to the water body b Zone 2 shall be a vegetative buffer extending from the outer edge of zone 1 landward a minimum of 20 feet measured horizontally on a line perpendicular to zone 1 3 Maintenance of buffers Zone 1 and zone 2 shall be maintained by the landowner or homeowners association to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion and infiltration of stormwater runoff and filtering of pollutants into the affected stream , consistent with maintenance criteria as set out in the county design manual 4 Exemptions The following are exempt from the stream buffer requirements of this section a Areas that are mapped on the USGS quadrangle map that do not exist on the ground b Ponds and lakes created for animal watering , irrigation of farm lands , or other agricultural uses that are not part of a natural drainageway Page 35 of 45Page6c Where application of the requirements of this section would prevent all prospective use of a lot platted and recorded prior to May 26 , 1998 d Water dependent structures that are designed , constructed , and maintained to provide the maximum nutrient removal , have the least adverse effects on aquatic habitats and that protect water quality e Roads , bridges , stormwater management facilities , ponds , and utilities where no other practical alternative exists These structures shall be so located , designed , constructed , and maintained to have minimal disturbance , provide maximum nutrient removal , provide the least adverse effects on aquatic habitats and protect water quality to the maximum extent possible f Ditches and manmade conveyances other than modified natural streams 5 Flood hazard areas There shall be no development allowed within the areas of special flood hazard as defined in the county flood damage prevention ordinance , which shall be defined as residential and nonresidential structures , including improvements or additions to such structures However , specifically allowed improvements include public utility structures , buried utilities , roadways and accessways , and recreational facilities as long as no structures are involved d Density regulations 1 Residential development is permitted at an overall density of one dwelling unit per acre 40,000 square feet minimum lot size of gross land area STAFF RECOMMENDATION N A … See response from Johnston County Public Utilities … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 22 - 28 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Page 36 of 45Page7Planning Board Minutes Case 22 - 28 October 20 , 2022 Rezoning Case 22 - 28 Rezoning Petition Map Amendment petition to remove parcel from Environmentally Sensitive Area ESA Tax ID 11L05023Q Owner John Robert Foscue & Rani Celeste Foscue Applicant Adams & Hodge Engineering , PC Location 373 acres located at 4880 NC Hwy 96 in the Selma Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated that this parcel was brought before the Board in September 2022 as part of a major subdivision Mr Marr also referenced Section 14 - 103 of the Land Development Code with regards to Environmentally Sensitive Area Districts Mr Donnie Adams , 314 E Main St , Clayton , NC , Surveyor Engineer with Adams & Hodge Engineering , PC , stated the particulars of the request and was present to answer any questions the Board may have Mr Adams stated that he had met with Public Utilities about the request There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr requested the Board refer to the provided response from Public Utilities Director Chandra Farmer Upon a motion by Ms Hackler to approve Rezoning Case 22 - 28 , seconded by Mr Moore , Rezoning Case 22 - 28 was recommended for approval by a unanimous vote of 8 - 0 at the October 18 , 2022 Planning Board Meeting Page 37 of 45Page8Page 38 of 45Page9Page 39 of 45Page0Page 40 of 45Page1Page 41 of 45Page2Page 42 of 45Page3 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 6534 - 1 in 54451 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling October 12 , 2022 Powered by TCPDF wwwtcpdforg Page 43 of 45Page422 - 28 Page 44 of 45Page5RESOLUTION FOR CASE NUMBER 22 - 28 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a parcels identified as tax Tag ID 11L05023Q located on Jordan - Narron Road in O’Neals Township , by removing the subject property from the Environmentally Sensitive Area Overlay District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 10 Protect Natural and Cultural Sites ; Objective 10B Protect Ecologically Sensitive Areas ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The Environmentally Sensitive Area Overlay District is intended to be consistent with the drainage basins of the perennial streams identified in the Johnston County Land Development Code , Section 14 - 103 b 2 ; and b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that the map amendment corrects an inaccuracy 3 This Board approves the proposed zoning amendment , removing the subject parcels from the Environmentally Sensitive Area Overlay District th Adopted this the 5 day of December , 2022 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 45 of 45Page