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

10 PUBLIC NOTICE OF COUNTY BOARD MEETING August 5 , 2024 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , August 5 , 2024 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 For citizens that would like to address the Board for Public Comment or on any of the cases listed below but have concerns with physically attending the meeting , may email those comments to Clerk to the Board Dana Cuddington at danacuddington @ johnstonnccom The meeting will also be livestreamed through YouTube at https wwwyoutubecom jocogovnc 1 Approval Discussion of Agenda 2 Public Comment 3 Public Hearings Rezoning Conditional Use Requests CASE 15 - 29 MOD – Applicant Denton Lee , Jr 5 CASE 23 - 25 – Applicant Blake Hesse 12 CASE 24 - 06 – Applicant Alton Joseph McLamb 32 CASE 24 - 12 – Applicant Adams & Hodge Engineering , PC 48 4 Manager Reports and Comments 5 Board Reports and Comments Page 1 of 64PageAugust 5 , 2024 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 15 - 29 MOD PETITION TO MODIFY SPECIAL USE PERMIT Petition to modify Special Use Permit for 132 acres located at 245 McLemore Rd in Cleveland Township zoned General Business - Special Use District GB - SUD , to add allowable uses Tax ID 06F04070Q Owner McLemore Farms , LLC Applicant Denton Lee , Jr Requested amendment Add the following allowable uses Medical and or Dental facilities to the existing Special Use Permit Fact Sheet includes proposed condition Planning Board Minutes Application Zoning Map Aerial Map Photos CASE 23 - 25 Continued from the July 15 , 2024 meeting REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 299 acres of a 1830 acre tract located at 8428 NC Hwy 50 N in the Elevation Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 07E06003 Owner Katie Proulx Applicant Blake Hesse Conditional Zoning Request Mulch and landscaping sales & equipment and commercial vehicle parking 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 Staff Report Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 24 - 06 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone a 64 acre tract located at 4709 NC Hwy 50 S in the Meadow Township from Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ Tax ID 09G13032G Owner Alton Joseph McLamb Applicant Alton Joseph McLamb Conditional Zoning Request Auto Sales 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 Fact Sheet includes proposed conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board Page 2 of 64PageCASE 24 - 12 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone a 1315 acre tract located at 726 Denning Road in the Banner Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 01E08022 Owner Neal & Dhanraj Pancholi Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Event Venue 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 Fact Sheet includes proposed conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board 4 Manager Reports and Comments 5 Board Reports and Comments Page 3 of 64PageNOTICE OF PUBLIC HEARING The Johnston County Board of Commissioners will conduct Rezoning Petition Application Public Hearings for the following cases on Monday , August 5 , 2024 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 15 - 29 MOD Petition to Modify Special Use Permit Petition to modify Special Use Permit for 132 acres located at 245 McLemore Rd in Cleveland Township zoned General Business - Special Use District GB - SUD , to add allowable uses Tax ID 06F04070Q Owner McLemore Farms , LLC Applicant Denton Lee Jr Requested amendment Add the following allowable uses Medical and or Dental facilities to the existing Special Use Permit CASE 23 - 25 Continued from the July 15 , 2024 6 00 pm meeting Rezoning Petition Petition to rezone 299 acres of a 1830 acre tract located at 8428 NC Hwy 50 N in the Elevation Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 07E06003 Owner Katie Proulx Applicant Blake Hesse Conditional Zoning Request Mulch and landscaping sales & equipment and commercial vehicle parking CASE 24 - 06 Rezoning Petition Petition to rezone a 64 acre tract located at 4709 NC Hwy 50 S in the Meadow Township from Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ Tax ID 09G13032G Owner Alton Joseph McLamb Applicant Alton Joseph McLamb Conditional Zoning Request Auto Sales CASE 24 - 12 Rezoning Petition Petition to rezone a 1315 acre tract located at 726 Denning Rd in the Banner Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 01E08022 Owner Neal & Dhanraj Pancholi Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Event Venue 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 4 of 64PagePage pageNumber5FACT SHEET REZONING AND SPECIAL USE CASE 15 - 29 MOD Petition to Modify Special Use Permit Petition to modify Special Use Permit for 132 acres located at 245 McLemore Rd in Cleveland Township zoned General Business - Special Use District GB - SUD , to add allowable uses Tax ID 06F04070Q Owner McLemore Farms , LLC Applicant Denton Lee Jr Requested amendment Add the following allowable uses Medical and or Dental facilities to the existing Special Use Permit … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned GB - SUD and is vacant land ? Surrounding Land Uses Zoned AR and AR - SUD and is used for agricultural and residential purposes ; zoned AR - SUD for senior apartments ; zoned NB and used for offices and photography studio ; zoned CB and used for numerous commercial businesses ; and zoned GB - SUD for a Food Lion and other retail shopping center … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Cleveland Road is 9,500 vpd 2021 … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Medium Density Residential Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan Additional Information ? Number of notices sent to adjacent property owners 5 ? Original special use permit was approved in 2015 and allowed for a large variety of General Business uses Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 15 - 29 STAFF RECOMMENDATION APPROVAL based on the following consistency statement , findings of facts and special use conditions Page 5 of 64PagePage pageNumber6Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan section LU - 2 It states that in select locations , consider allowing compact communities as an option based on a request from applicants Commercial development in unincorporated areas , may consist of retail , restaurants , services , and office uses that serve the population of the immediate area It is also consistent with many other zoning designations of nearby parcels and properties Special Use Conditions 1 Permitted Uses To allow Medical and or Dental facilities to be added to the already approved uses multitude of General Business uses All other conditions will remain the same from the original special use permit Page 6 of 64PagePage pageNumber7Planning Board Minutes Case 15 - 29 MOD June 18 , 2024 Rezoning Case 15 - 29 MOD Rezoning Petition To modify Special Use Permit to add allowable uses , General Business - Special Use District GB - SUD Tax ID 06F04070Q Owner McLemore Farms , LLC Applicant Denton Lee Jr Location 132 acres located at 245 McLemore Rd in Cleveland Township Requested amendment Add the following allowable uses Medical and or Dental facilities to the existing Special Use Permit Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned GB - SUD and was currently vacant land Mr Marr stated that the original special use permit was approved in 2015 and allowed for a variety of General Business uses but they left off dental and medical Mr Denton Lee Jr , 2 Annandale Dr , Clayton , NC , was present to answer any questions from the Board Mr Lee explained the request stating that they had a sale pending to a pediatric dentist and would like to see more health care services in the area There was no further discussion Rezoning Case 15 - 29 MOD will be heard by the Board of County Commissioners at their August 5 , 2024 meeting Page 7 of 64PagePage pageNumber8Page 8 of 64PagePage pageNumber9 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 3750 - 1 in 3125 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 June 7 , 2024 Powered by TCPDF wwwtcpdforg Page 9 of 64Page015 - 29 MOD Ortho 01 24 2023 - 02 24 2023 Page 10 of 64Page115 - 29 MOD Page 11 of 64Page2STAFF REPORT CONDITIONAL ZONING CASE 23 - 25 Petition to rezone 299 acres of a 1830 acre tract located at 8428 NC Hwy 50 N in Rezoning Petition the Elevation Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 07E06003 Tax ID Katie Proulx Owner Blake Hesse Applicant Mulch and landscaping sales & equipment and commercial vehicle parking Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services 50 210 Fire District and Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned Agricultural Residential and used for those purposes Existing Land Use ? Zoned AR and used for residential and agricultural purposes Zoned AR - CZ Surrounding Land Uses and used for youth athletic fields and zoned GB and used for auto sales … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of NC Hwy 50 is 5,500 vpd 2021 ? NC Hwy 50 appears on the CTP as an existing major thoroughfare with adequate design capacity … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a “ Low Density Residential ” future land use Placetype on the County’s Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 10 ? This property came in as a zoning complaint to our office in early 2023 for the violation of operating a commercial business in an Agricultural Residential zoning district STAFF RECOMMENDATION Denial , based on the inconsistency with the Comprehensive Land Use Plan and the continued violation of property Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 23 - 25 RECOMMENDS APPROVAL … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is not consistent with the Envision Johnston Comprehensive Land Use Plan in that it is in a Low Density Residential area and not in close proximity to any activity nodes It also conflicts with LU - 1 of the Envision Johnston Plan that recommends to “ Direct future growth toward the municipalities ” Page 12 of 64Page3Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed development will enable local residents and businesses to access resources necessary for the construction and maintenance of landscaping for aesthetic value and to abide by the county’s landscape buffer ordinances By promoting the growth of landscaping , erosion and sediment runoff into local water bodies and blue - line streams can be mitigated 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The parcel is located along a major highway , NC 50 , and is near other large parcels Based on current trends , further development of subdivisions and other property types can be predicted within the vicinity of the site 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The proposed development will serve as a resource for future development by providing the necessary supplies to create and maintain landscape buffers as required by the Johnston County landscaping ordinances 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed development will provide resources to enable adequate landscaping and greenery to be placed and maintained on new developments and existing properties This will enable Johnston County to continue developing at its current rate while minimizing the negative effects to the ecosystem and the visual aesthetic of the county 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 The proposed conditional zoning area will provide mulch and other landscaping resources to new developments with the purpose of assisting new developments in meeting the landscaping requirements as set by Johnston County Individuals and existing residents may also purchase materials for the growth of gardens and other landscaping projects 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 No response Page 13 of 64Page4Conditions 1 Proposed uses Mulch and landscaping sale and staging ; Equipment and commercial vehicle parking 2 An eight - foot opaque fence will be installed around any outdoor storage areas 3 Normal Business hours 8am - 5pm Monday - Saturday 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines and must be placed outside of any fencing existing vegetation may be used 7 All signage shall comply with the Johnston County sign code 8 All structures must comply with all rules enforced by Federal , State , and Local agencies 9 Secure an NCDOT driveway permit 10 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties 11 Commercial vehicles will be limited to 2 trucks , 2 trailers , and 2 pieces of equipment to load 12 Mulch must be delivered from off site and cannot be produced onsite Page 14 of 64Page5Planning Board Minutes Case 23 - 25 February 20 , 2024 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 07E06003 Owner Katie Proulx Applicant Blake Hesse Location 299 acres of a 1830 acre tract located at 8428 NC Hwy 50 N in the Elevation Township Conditional Zoning Request Mulch and landscaping sales & equipment and commercial vehicle parking Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the petition was previously tabled at the December 19 , 2023 Planning Board Meeting Mr Marr stated surrounding land uses and zonings Mr Marr stated that the subject property came in as a zoning complaint in early 2023 for the violation of operating a commercial business in an Agricultural Residential zoning district Mr Jason Godwin , Enoch Engineers , 1403 NC Hwy 50 South , Benson , NC , was present to answer any questions from the Board Chairman Letchworth asked if they had reviewed the conditions included at the end of the staff report and if they agreed with those conditions Mr Marr provided Mr Godwin with a copy of the conditions Mr Godwin reviewed the conditions Mr Sasser asked if there was a business currently operating on the property Mr Godwin responded , not to his knowledge Mr Godwin stated that the NCDOT driveway permit had been submitted Mr Sasser asked if the permit had been secured Mr Godwin responded that it had been submitted only Mr Sasser asked about the request for sales and equipment Mr Godwin responded that it would be mulch sales Page 15 of 64Page6Mr Brian Proulx , 8428 NC Hwy 50 North , Angier , NC , Owner , stated that he and his wife own the business Mr Proulx stated that they have a couple of dump trucks and do clearing and grading Mr Proulx stated that they make mulch and give it to other locations to sell Mr Proulx stated that someone anonymously complained , so he was going through the rezoning process so that he could park his equipment at his house Mr Proulx stated that a church and a ballfield were neighboring properties and he had previously spoken with the church Chairman Letchworth asked if Mr Proulx made the mulch on site Mr Proulx responded no , he made the mulch at other locations Chairman Letchworth asked if it was essentially truck parking on the subject property Mr Proulx responded yes Chairman Letchworth asked if Mr Proulx had reviewed the conditions included at the end of the staff report Mr Proulx responded that he was not aware of them , but that he read them during the meeting Chairman Letchworth asked Mr Proulx if he agreed with the conditions Mr Proulx stated that he agreed with the conditions Mr Proulx stated that it was not parking for other people , but that it was only parking for his own trucks and equipment Mr Sasser asked Mr Proulx if he would be selling equipment on the subject property Mr Proulx responded no Mr Marr clarified that the request was for commercial vehicle and equipment parking Mr Lovering asked about the equipment shown on the subject property Mr Proulx responded that most of the equipment shown belonged to his father and it had already been removed from the subject property Mr Proulx stated the only equipment remaining on the subject property was equipment used for the business Chairman Letchworth discussed condition # 11 concerning commercial vehicles being limited to two trucks , two trailers , and two pieces of equipment to load Chairman Letchworth asked Mr Proulx if that was sufficient for the equipment he had Mr Proulx confirmed that condition # 11 was sufficient Mr Hudson asked Mr Proulx about the hours of operation , 8am - 5pm Chairman Letchworth discussed the hours of operation and longer hours of daylight in the summer Page 16 of 64Page7Mr Proulx responded that the hours of operation were sufficient Ms Howard asked Mr Proulx if he lived next door Mr Proulx responded yes There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial based on the inconsistency with the Comprehensive Land Use Plan and the continued violation of property Ms Holmes asked Mr Proulx about condition # 12 and if Mr Proulx would ever need to produce mulch onsite Mr Proulx responded no , it would require people to dump onsite and he did not want that Mr Lovering asked staff if the violation had been resolved Mr Marr responded that the violation was for commercial vehicles and that a lot of the vehicles and equipment had been removed but there were still some remaining Mr Proulx stated that he was still parking his vehicles and equipment there Mr Sasser asked if it would still be a violation with two trucks , two trailers , and two pieces of equipment Mr Marr confirmed Staff Recommendation Denial Upon a motion by Mr Little to approve Rezoning Case 23 - 25 , seconded by Mr Hudson , Rezoning Case 23 - 25 was recommended for approval by a unanimous vote of 8 - 0 at the February 20 , 2024 Planning Board Meeting Rezoning Case 23 - 25 will be heard by the Board of County Commissioners at their April 1 , 2024 meeting Conditions 1 Proposed uses Mulch and landscaping sale and staging ; Equipment and commercial vehicle parking 2 An eight - foot opaque fence will be installed around any outdoor storage areas 3 Normal Business hours 8am - 5pm Monday - Saturday 4 The development shall conform to all requirements of the Johnston County Land Page 17 of 64Page8Development Code 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines and must be placed outside of any fencing existing vegetation may be used 7 All signage shall comply with the Johnston County sign code 8 All structures must comply with all rules enforced by Federal , State , and Local agencies 9 Secure an NCDOT driveway permit 10 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties 11 Commercial vehicles will be limited to 2 trucks , 2 trailers , and 2 pieces of equipment to load 12 Mulch must be delivered from off site and cannot be produced onsite Page 18 of 64Page9Page 19 of 64Page0Page 20 of 64Page1Page 21 of 64Page2Page 22 of 64Page3Page 23 of 64Page4 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 9260 - 1 in 77165 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 6 , 2023 Powered by TCPDF wwwtcpdforg Page 24 of 64Page523 - 25 Ortho 01 24 2023 - 02 24 2023 Page 25 of 64Page6Page 26 of 64Page7Page 27 of 64Page8Page 28 of 64Page9Page 29 of 64Page0Page 30 of 64Page1RESOLUTION FOR CASE NUMBER 23 - 25 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 07E06003 located at 8428 NC Hwy 50 N in Elevation Township , from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 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 Rural businesses may be a part of the mix of uses in developing residential areas 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The conditional zoning allows for a land use that provides community based service , and ; b The request is reasonable and in the public interest in that the prescribed land use , if developed in accordance with regulatory standards , is not a detriment to public safety nor does it create a public nuisance 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 5th day of August , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 31 of 64Page2FACT SHEET CONDITIONAL ZONING CASE 24 - 06 Petition to rezone a 64 acre tract located 4709 NC Hwy 50 S in the Meadow Rezoning Petition Township from Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ 09G13032G Tax ID Alton Joseph McLamb Owner Alton Joseph McLamb Applicant Auto Sales Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? Meadow Fire District and Benson Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned Agricultural Residential and is a vacant building Existing Land Use ? Zoned AR and used for residential and agricultural purposes Zoned GB Surrounding Land Uses and used as a rental business and several other unknown businesses to the south Zoned CB - SUD and approved for a museum , gift shop , produce stand and restaurant grill Traffic Concerns ? Traffic count for this portion of NC Hwy 50 S is 2,600 vpd 2021 ? NC Hwy 50 S appears on the CTP as an existing major thoroughfare with adequate design capacity … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within an “ Agricultural Area ” future land use Placetype on the County’s Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 5 Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 24 - 06 RECOMMENDS APPROVAL STAFF RECOMMENDATION Approval , based on the following consistency statement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan in that the Agricultural area placetype allows rural businesses and home based businesses as a mix of uses for the area There are also several General Business parcels nearby as well as Special Uses granted in recent years Page 32 of 64Page3Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The property will operate as a used car lot , providing quality vehicles at reasonable prices 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The adjacent property has operated for many years as an auto body repair shop As the owner of this shop , I have sold numerous vehicles to those in the community This would be an opportunity for our community 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 Will allow access to quality vehicles at affordable prices With a growing county the access to affordable vehicles is a necessity for the community 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 property had operated as a convenience store for 20 plus years prior to closing It is suitable for retail traffic in this area 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 My sole and only purpose of this rezoning is to open an auto dealership of used vehicles , to provide quality used cars to the public for reasonable prices 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 Hours of operation M - F 8a - 5pm Maximum of 15 vehicles will be on the lot for sale Page 33 of 64Page4Conditions 1 Proposed uses Used auto sales Proposed by applicant 2 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties Proposed by applicant 3 Normal Business hours 8am - 5pm Monday - Saturday Proposed by applicant 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines and must be placed outside of any fencing existing vegetation may be used 7 All signage shall comply with the Johnston County sign code 8 All structures must comply with all rules enforced by Federal , State , and Local agencies 9 Secure an NCDOT driveway permit 10 A maximum of 15 vehicles will be on site for the purposes of sales 11 No vehicles can be located on property awaiting repair and or storage Page 34 of 64Page5Planning Board Minutes Case 24 - 06 June 18 , 2024 Rezoning Case 24 - 06 Rezoning Petition Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ Tax ID 09G13032G Owner Alton Joseph McLamb Applicant Alton Joseph McLamb Location 64 acre tract located 4709 NC Hwy 50 S in the Meadow Township Conditional Zoning Request Auto Sales Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned AR Mr Alsey Gilbert , 442 - 1 2 E Main St , Clayton , NC , Surveyor , stated the particulars of the request and was present to answer any questions from the Board Mr Gilbert stated the subject property had a history of businesses in the past and the current intention was for a small used car lot Ms Holmes asked if the hours of operation needed to be extended Mr Gilbert responded no Chairman Letchworth asked about the number of cars anticipated Mr Gilbert stated about 10 - 15 cars and that it wasn’t one of the conditions Mr Marr stated that he could add it to the conditions as number 10 , stating a maximum of 15 vehicles would be on the lot for sale Ms Davis asked about the existing structures Mr Gilbert responded that all of the structures on the preliminary site plan are existing Chairman Letchworth asked about the maximum number of vehicles permitted Mr Gilbert responded 15 cars Chairman Letchworth asked if that was for sale or total Mr Gilbert responded , for sale Ms Davis stated that there could be more cars on the property for staff and customers Page 35 of 64Page6Mr Little asked about the zoning of the property to the left of the subject property Mr Gilbert responded that it was a repair shop Chairman Letchworth expressed concern for the total number of cars on the lot versus total number of cars on the lot for sale Chairman Letchworth suggested adding a condition stating no storage for the repair shop Mr Sasser asked about the ownership of the neighboring repair shop The Applicant , Mr Alton McLamb , responded from the audience that he was the owner of the neighboring repair shop Mr Gilbert responded and spoke of the proposed landscape buffer Ms Davis stated that there was a proposed 10 ft landscape buffer around the edge of the subject property Mr Newton stated that a condition could be added stating that there be no vehicles stored on the property for repair or maintenance Chairman Letchworth proposed adding that condition as number 11 Chairman Letchworth asked the Applicant if he agreed with the conditions as written in the staff report and with the addition of the maximum of 15 vehicles on the lot for sale and that no vehicles be stored on the property for repair or maintenance Mr Alton McLamb , Applicant , 4675 NC HWY 50 S , Benson , NC , responded yes 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 24 - 06 , seconded by Mr Hudson , Rezoning Case 24 - 06 was recommended for approval by a unanimous vote of 8 - 0 at the June 18 , 2024 Planning Board Meeting Rezoning Case 24 - 06 will be heard by the Board of County Commissioners at their August 5 , 2024 meeting Page 36 of 64Page7Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan in that the Agricultural area placetype allows rural businesses and home based businesses as a mix of uses for the area There are also several General Business parcels nearby as well as Special Uses granted in recent years Conditions 1 Proposed uses Used auto sales Proposed by applicant 2 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties Proposed by applicant 3 Normal Business hours 8am - 5pm Monday - Saturday Proposed by applicant 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines and must be placed outside of any fencing existing vegetation may be used 7 All signage shall comply with the Johnston County sign code 8 All structures must comply with all rules enforced by Federal , State , and Local agencies 9 Secure an NCDOT driveway permit 10 A maximum of 15 vehicles will be on site for the purposes of sales 11 No vehicles can be located on property awaiting repair and or storage Page 37 of 64Page8Page 38 of 64Page9Page 39 of 64Page0Page 40 of 64Page1Page 41 of 64Page2Page 42 of 64Page3Page 43 of 64Page4 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 7313 - 1 in 60946 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 June 5 , 2024 Powered by TCPDF wwwtcpdforg Page 44 of 64Page524 - 06 Ortho 01 24 2023 - 02 24 2023 Page 45 of 64Page624 - 06 Page 46 of 64Page7RESOLUTION FOR CASE NUMBER 24 - 06 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 09G13032G located at4709 NC Hwy 50 S in Meadow Township , from Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ 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 Rural businesses may be a part of the mix of uses in developing residential areas , and encourage commercial developments on roads with adequate design capacity 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The conditional zoning allows for a land use that provides community based business , and ; b The request is reasonable and in the public interest in that the prescribed land use , if developed in accordance with regulatory standards , is not a detriment to public safety nor does it create a public nuisance 3 This Board approves the proposed zoning amendment from Agricultural Residential to Community Business - Conditional Zoning Adopted this the 5th day of August , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 47 of 64Page8FACT SHEET CONDITIONAL ZONING CASE 24 - 12 Rezoning Petition Petition to rezone a 1315 acre tract located 726 Denning Rd in the Banner Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 01E08022 Owner Neal & Dhanraj Pancholi Applicant Adams & Hodge Engineering , PC Conditional Zoning Request Event Venue … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? Elevation Fire District and EVS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Existing Land Use Zoned AR used for agricultural and residential purposes ? Surrounding Land Uses Zoned AR and used for agricultural and residential purposes Properties on the opposite side of Denning Rd are in the Town of Benson ETJ … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Denning Road is 3300 vpd 2022 ? This portion of Denning Road does not appear on the Comprehensive Transportation Plan as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a “ Rural Living ” future land use Placetype on the County’s Envision Johnston Comprehensive Land Use Plan Additional Information ? Number of notices sent 5 Planning Board ? One person spoke with concerns Planning Board Recommendation The Planning Board RECOMMENDS APPROVAL of the rezoning for Case 24 - 06 STAFF RECOMMENDATION Approval , based on the following consistency statement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan in that the Rural Living placetype allows rural businesses and home based businesses as a mix of uses for the area The parcel will remain rural in appearance and have a low amount of volume coming to and from the site overall Page 48 of 64Page9Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The parcel is currently a single family residence zoned AR The owner is requesting this parcel to be rezoned to GB - CZ for the event venue The proposed project is located less than 1 mile off of NC Highway 50 Just outside of Benson’s ETJ planning district The property will be served by Johnston County water and private septic Hours of operation to be Monday - Sunday 7 00am - 2 00 am The project is tucked back into a densely vegetative area , so it will be of little disruption to the surrounding community 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 , the event venue is a permitted use by right and would require the Conditional District This use does not impede the continued vitality of agriculture or the quality of life and community character By providing good access and adequate landscape buffers , the event venue will blend into the surrounding area 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant Access to the property is proposed from Denning Rd with an approved NCDOT driveway apron The project property is 1315 acres , tucked into a densely vegetative area with a pond 10 - foot Type “ B ” landscape buffers shall be constructed along all adjacent properties using existing vegetation where possible , with a 20 ’ landscape buffer along Denning Rd By providing good access and adequate landscape buffers the event venue will blend into the surrounding area This property is an Agriculture and Rural living area It is also in a Primary Growth area as identified in the County’s comprehensive plan 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 According to the future land use map , this property is an Agricultural and Rural living area It is also in the Primary Growth Area on the County’s comprehensive 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 The purpose of the conditional district is to allow for an event venue The parcel is currently zoned AR requesting the 1315 acre property to be rezoned to GB - CD to allow for an event venue Please refer to the Site Plan - 726 Denning Road prepared by A & H Engineering , PC dated 04 30 2024 Water service is currently provided by Johnston County and septic is private septic Any new septic shall be approved through Johnston County Environmental Health The driveway off Denning Road shall have the required NCDOT driveway apron as well as a 8 ” ABC stone driveway with proposed parking to be 8 ” ABC stone There will be 1 proposed enclosed building and one open pavilion type building There is a proposed expansion to the existing covered and open deck area by the pond , with 6 ’ wide boardwalks meandering through the site from one area to another There Page 49 of 64PagePage pageNumber50will be 20 ft landscape buffers along Denning Road All adjacent properties , which are residential , will be screened with a 10 - foot landscape buffer using existing vegetation where allowed existing vegetation may be adequate All landscape will be in accordance with the Johnston County buffer requirements Access to the property will be very low volume and will be Monday - Sunday 7 00 am - 2 00 am Proposed Uses Event Venue 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 See Below Conditions 1 Land use restricted to an event venue 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 5 Hours of operation Monday - Sunday 7am - 12 am 6 All parking off - street 7 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 8 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing vegetation may be used 9 All signage must comply with the Johnston County sign ordinance 10 Environmental Health regulations must be adhered to for any food preparation or sales 11 Strict compliance with the Johnston County Noise Ordinance 12 If 17,000 sf of impervious area is planned to be disturbed , a stormwater permit will be required 13 If one acre or more is planned to be disturbed , an erosion control permit will be required 14 NCDOT driveway permit required Page 50 of 64PagePage pageNumber51Planning Board Minutes Case 24 - 12 June 18 , 2024 Rezoning Case 24 - 12 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 01E08022 Owner Neal & Dhanraj Pancholi Applicant Adams & Hodge Engineering , PC Location 1315 acre tract located 726 Denning Rd in the Banner Township Conditional Zoning Request Event Venue Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned AR Ms Davis asked to see the subject property on GIS Mr Donnie Adams , 314 E Main St , Clayton , NC , Adams & Hodge Engineering , PC , stated the particulars of the request and was present to answer any questions from the Board Mr Adams stated that the intention is for it to begin as a multi - use venue and ultimately a wedding venue Mr Adams stated that they were planning to improve the existing path with a stone driveway and add two new buildings , an enclosed event building and an open pavilion across the wetland area Mr Adams also discussed the shown boardwalk on the preliminary site plan Mr Little spoke about the proposed parking area Ms Holmes asked Ms Slusser about the proposed hours of operation Ms Slusser responded that there is no restriction to the opening of a business with the business hours Ms Slusser stated that there was a condition referencing compliance with the Johnston County noise ordinance Chairman Letchworth asked if Mr Adams could speak to the hours of operation Mr Adams stated that he had held conversations with the Applicant concerning the hours of operation and that the proposed late hours may be of concern Mr Sasser proposed midnight There was discussion among the Board regarding the hours of operation Chairman Letchworth stated that midnight was much more constituent with previous approvals Chairman Letchworth asked about the home on the subject property and if they planned to inhabit the house Page 51 of 64PagePage pageNumber52Mr Adams responded yes and that the intention was for it to be an onsite owner operator Chairman Letchworth asked if the residential use of the structure would remain Mr Adams responded yes Ms Davis asked about parking Mr Adams responded that it would be gravel Ms Davis stated that the preliminary site plan showed asphalt or concrete parking for the handicap parking Mr Adams responded yes and that general parking would be gravel Chairman Letchworth asked Mr Adams if they agreed with the conditions as written in the staff report and with the amendment to 12 Mr Adams responded yes 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 Mr Hudson to approve Rezoning Case 24 - 12 with the amendment to the hours of operation , seconded by Ms Holmes , Rezoning Case 24 - 12 was recommended for approval by a unanimous vote of 8 - 0 at the June 18 , 2024 Planning Board Meeting Rezoning Case 24 - 12 will be heard by the Board of County Commissioners at their August 5 , 2024 meeting Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan in that the Rural Living place type allows rural businesses and home based businesses as a mix of uses for the area The parcel will remain rural in appearance and have a low amount of volume coming to and from the site overall Page 52 of 64PagePage pageNumber53Conditions 1 Land use restricted to an event venue 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 5 Hours of operation Monday - Sunday 7am - 12 am 6 All parking off - street 7 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 8 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing vegetation may be used 9 All signage must comply with the Johnston County sign ordinance 10 Environmental Health regulations must be adhered to for any food preparation or sales 11 Strict compliance with the Johnston County Noise Ordinance 12 If 17,000 sf of impervious area is planned to be disturbed , a stormwater permit will be required 13 If one acre or more is planned to be disturbed , an erosion control permit will be required 14 NCDOT driveway permit required Page 53 of 64PagePage pageNumber54Page 54 of 64PagePage pageNumber55Page 55 of 64PagePage pageNumber56Page 56 of 64PagePage pageNumber57Page 57 of 64PagePage pageNumber58Page 58 of 64PagePage pageNumber59Page 59 of 64PagePage pageNumber60Page 60 of 64PagePage pageNumber61 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 18537 - 1 in 154477 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 June 6 , 2024 Powered by TCPDF wwwtcpdforg Page 61 of 64PagePage pageNumber6224 - 12 Ortho 01 24 2023 - 02 24 2023 Page 62 of 64PagePage pageNumber6324 - 12 Page 63 of 64PagePage pageNumber64RESOLUTION FOR CASE NUMBER 24 - 12 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 01E08022 located at 726 Denning Road in Banner Township , from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 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 Rural businesses may be a part of the mix of uses in developing residential areas 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The conditional zoning allows for a land use that provides community based service , and ; b The request is reasonable and in the public interest in that the prescribed land use , if developed in accordance with regulatory standards , is not a detriment to public safety nor does it create a public nuisance 3 This Board approves the proposed zoning amendment from Agricultural Residential to Community Business - Conditional Zoning Adopted this the 5th day of August , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 64 of 64Page