October 7, 2024 - 6:00 PM - Board of Commissioners Rezoning Agenda

10 PUBLIC NOTICE OF COUNTY BOARD MEETING October 7 , 2024 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , October 7 , 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 24 - 19 – Applicant Jeffrey & Tammy Hutchens 4 CASE 24 - 20 – Applicant Lipscomb Development 11 4 Johnston Community College – Request for Funding 5 Manager Reports and Comments 6 Board Reports and Comments Page 1 of 41PageOctober 7 , 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 24 - 19 REZONING PETITION Petition to rezone a 12 acre tract located at 9157 US Highway 301 S in the Elevation Township from Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 01G10014T Owner Jeffrey & Tammy Hutchens Applicant Jeffrey & Tammy Hutchens The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption based on the recommendation for approval Fact Sheet Planning Board Minutes Application Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 24 - 20 REZONING PETITION Petition to rezone 2786 acre tract located in the 2500 Block of Thanksgiving Fire Road in the O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 16L05030E Owner Black & Grey LLC Applicant Lipscomb Development Conditional Zoning Request Multiple General Business uses 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 Johnston Community College – Request for Funding Johnston Community College President Dr Vern Lindquist plans to share details and request additional funding for the JoCo Commissioners Promise Program and funding for their Public Safety burn building 5 Manager Reports and Comments 6 Board Reports and Comments Page 2 of 41PageNOTICE OF PUBLIC HEARING The Johnston County Board of Commissioners will conduct Rezoning Petition Application Public Hearings for the following cases on Monday , October 7 , 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 24 - 19 Rezoning Petition Petition to rezone a 12 acre tract located 9157 US Highway 301 S in the Elevation Township from Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 01G10014T Owner Jeffrey & Tammy Hutchens Applicant Jeffrey & Tammy Hutchens CASE 24 - 20 Rezoning Petition Petition to rezone a 2786 acre tract located in the 2500 Block of Thanksgiving Fire Rd in the O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 16L05030E Owner Black & Grey LLC Applicant Lipscomb Development Conditional Zoning Request Multiple General Business uses 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 3 of 41PageSTAFF REPORT REZONING CASE 24 - 19 Petition to rezone a 12 acre tract located 9157 US Highway 301 S in the Elevation Rezoning Petition Township from Community Business - Special Use District CB - SUD to Agricultural Residential AR 01G10014T Tax ID Jeffrey & Tammy Hutchens Owner Jeffrey & Tammy Hutchens Applicant … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? Wynn Fire District and Four Oaks Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning Zoned Community Business - Special Use District CB - SUD and approved for a real Existing Land Use estate office and auction house ? Zoned AR and used for residential and agricultural purposes Surrounding Land Uses … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of US Hwy 301 S is 3,900 vpd 2021 This portion of US Hwy 301 S appears on the Comprehensive Transportation Plan as a major thoroughfare with adequate design capacity … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Agricultural Area Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 4 STAFF RECOMMENDATION APPROVAL based on the following consistency statement Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 24 - 19 and submits the following RECOMMENDS APPROVAL consistency statement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Statement This request is consistent with the Comprehensive Land Use Plan “ Envision Johnston 2040 ” in that it takes away the commercial designation and takes it back to its original Agricultural Residential designation Page 4 of 41PagePage pageNumber5Planning Board Minutes Case 24 - 19 August 20 , 2024 Rezoning Case 24 - 19 Rezoning Petition Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 01G10014T Owner Jeffrey & Tammy Hutchens Applicant Jeffrey & Tammy Hutchens Location 12 acre tract located 9157 US Highway 301 S in the Elevation Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated the existing land use and stated that it was approved for a real estate office and auction house Ms Tammy Hutchens , 9157 US HWY 301 S , Four Oaks , NC , Owner , stated the particulars of the request and was present to answer any questions from the Board There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Ms Howard to approve Rezoning Case 24 - 19 , seconded by Mr Sasser , Rezoning Case 24 - 19 was recommended for approval by a unanimous vote of 6 - 0 at the August 20 , 2024 Planning Board Meeting Rezoning Case 24 - 19 will be heard by the Board of County Commissioners at their October 7 , 2024 meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan “ Envision Johnston 2040 ” in that it takes away the commercial designation and takes it back to its original Agricultural Residential designation Page 5 of 41PagePage pageNumber6Page 6 of 41PagePage pageNumber7 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 5327 - 1 in 44393 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 August 8 , 2024 Powered by TCPDF wwwtcpdforg Page 7 of 41PagePage pageNumber824 - 19 Ortho 01 24 2023 - 02 24 2023 Page 8 of 41PagePage pageNumber924 - 19 Page 9 of 41Page0RESOLUTION FOR CASE NUMBER 24 - 19 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax ID 01G10014T , located at 9157 US Hwy 301 South in the Elevation Township from Community Business - Special Use District legacy district to Agricultural Residential WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the current Comprehensive Land Use Plan as the rezoning will preserve the rural landscape 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The downzoning of the property is consistent with the surrounding properties and compatible with adjacent land uses 3 This Board approves the proposed zoning amendment from Community Business - Special Use District CB - SUD to Agricultural Residential AR th Adopted this the 7 day of October , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 10 of 41Page1STAFF REPORT REZONING CASE 24 - 20 Petition to rezone a 2786 acre tract located in the 2500 Block of Thanksgiving Fire Rezoning Petition Rd in the O’Neals Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 16L05030E Tax ID Black & Grey LLC Owner Lipscomb Development Applicant Multiple General Business uses Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? North Side Fire District and Thanksgiving Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned Agricultural Residential AR and is vacant land Existing Land Use ? Zoned AR and used for residential and agricultural purposes and fire station Surrounding Land Uses Zoned GB - SUD and is approved for a Dollar General and a storage facility Zoned GB and is going to be a hardware store and a storage facility … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Thanksgiving Fire Rd is 900 vpd 2019 This portion of Thanksgiving Fire Rd does not appear on the Comprehensive Transportation Plan as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Rural Crossroads ” Future Land Use Placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan This denotes an area in which state roads meet other major roads in rural areas Uses typically include convenience retail , food outlets , restaurants , etc … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 5 STAFF RECOMMENDATION APPROVAL based on the following consistency statement Planning Board ? No one spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 24 - 20 and submits the RECOMMENDS APPROVAL following consistency statement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Page 11 of 41Page2Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that it is located within a designated “ Rural Crossroads ” Future Land Use Placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan This denotes an area in which state roads meet other major roads in rural areas Uses typically include convenience retail , food outlets , restaurants , etc The request is reasonable in that the proposed zoning is compatible with surrounding land uses and zoning districts Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The subject property is well located to expand the commercial offerings of the intersection and meet the demands of the rapidly growing region for businesses and services The development of commercial uses at this site fulfills the vision of the Future Land Use Map , which envisions the area as a commercial center 9 ” rural crossroads ” The result will be less traffic and miles traveled as people will not have to drive so far to meet their needs The intersection of Thanksgiving Fire Rd and Hwy 42 East is slated to be improved as a roundabout by NCDOT This will greatly improve the accessibility and safety of visitors to the proposed business plaza The property is already serving commercial uses , as a portion of the site will house off - site septic systems for the commercial area abutting the property to the south As shown on the site plan , the site will be an extension of and associated with the commercial area immediately south , which is zoned General Business and is currently under construction as a Hudson’s Hardware and multiple attractive flexible use commercial buildings The properties will connect with vehicular connection points , enhancing vehicular access and safety The design of the property envisions mini - and outdoor - storage on the eastern portion of the property , intentionally situated well back from the street to reduce visual impacts from the right of way Enhanced buffers are provided to shield non - commercially zoned adjacent properties from any undesirable impacts , with buffers greatly exceeding the minimum buffer standards of similar development types For example , when a business use abuts a residentially zoned property , the minimum buffer is 10 ’ - this project envisions up to 60 ’ of undisturbed buffer , as shown on the site plan Buffers are proposed to be further enhanced with evergreen plantings as needed a condition has been added that the site will be evaluated to determine where existing vegetation may not provide adequate visual screening and evergreen plantings will be added The site has been evaluated for adequate septic soils , and ample land has been preserved for septic systems to serve both this and the commercial property immediately south 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 This property design is a physical extension of the commercial area to the south , which is currently under construction and zoned General Business The proposed uses of this conditional zoning - GB district are a limited selection from the list of permitted uses within the General Business zoning district and represent uses anticipated for the commercial development as a whole Uses were selected that are anticipated to be well - needed and utilized by the surrounding area The selection will allow for a range of uses including various retail , office , and service - oriented businesses The site layout will naturally restrict the scale of any uses 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 site is designed as a physical extension of the commercial development abutting it to the south , and a condition is proposed to require building design and site landscaping consistency As such , it will be a Page 12 of 41Page3seamless visual connection to that site and will not impact the character of that area The scale of the project and the site to the south is intentionally smaller in scale , utilizing multiple buildings instead of larger buildings to best integrate with the more rural character of the surrounding area The storage uses shown on the site plan are intentionally set well back from the street to reduce visual impacts from the public right of way , and greatly enhanced buffers are proposed between the site and adjacent non - commercially zoned properties 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 subject property is consistent with the Comprehensive Land Use Plan , which designates this area as on the Future Land Use Map as “ Rural Crossroads ” These “ crossroads ” are envisioned as commercial areas at crossroads of major roads , serving the relatively rural regional community Uses are limited to those that will best serve the needs of the surrounding community The final engineered site plan will be reviewed to ensure it will meet all applicable Johnston County ordinances , including applicable state and federal rules regarding transportation , utilities , environmental preservation , and stormwater management 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 District Purpose The purpose of the Thanksgiving Plaza Conditional Zoning - General Business district is to create a commercial development that will serve as a natural extension of the commercial site to the south , currently under construction The Conditional Zoning - General Business district allows for assured consistency of quality design and site layout with that of the commercial property to the south The district also allows for a limited set of uses to best reflect the Rural Crossroads designation and ensure that undesirable uses are prohibited Project Narrative The Future Land Use Map adopted by Johnston County has identified this property and others at this intersection as a site supportive of “ Rural Crossroads ” commercial development With this in mind and combined with the immediate demand for commercial growth to serve the rapidly growing residential population in this area , the development team has formed the Thanksgiving Plaza Conditional Zoning proposal The Project consist of ? Multiple commercial roadfront buildings creating a maximum of 25,000 sf of commercial flexible space The design will mimic the high quality design of the under - construction buildings to the south ? The project also includes mini - storage and outdoor storage interior to the site , well set back from the road Overall , the project meets known demand for commercial activity and storage in the area in the way that implements the Future Land Use Map , creates an attractive development site , and respects adjacent properties Thanksgiving Fire Road Conditional Zoning Allowed Uses Uses shall be limited to the following uses A variety of uses are proposed to account for the multitude of neighborhood businesses and services that are suitable for flexible commercial space in a rural crossroads location Page 13 of 41Page4The following categories are taken from the List of Permitted Uses - General Business in the Johnston County Code of Ordinances All uses and accessory uses shall be subject to the screening , buffering , and other applicable standards of the Johnston County Code of Ordinances Allowed Uses ? Automotive Parts Sales ? Automotive repair - Mechanical Limited to a maximum of 2,000 sf , no more than 8 vehicles stored overnight ? Automotive Repair - Paint Body Visually damaged vehicles under or awaiting repair shall be subject to open storage screening requirements ? Bakery - Retail ? Bank ? Barber Beauty Shop to include Nail Salon ? Building Materials Supplies - Retail Sales ? Business - Office ? Business - Retail ? Business - Wholesale ? Cemetery - there is an existing cemetery on the site which shall remain undisturbed ? Contractor’s Office w Storage Yard ? Day Care Facility - Child Limited to a maximum of 5,000 sf ? Dry Cleaning Establishment ? Feed & Seed Sales ? Heating & Air Conditioning Shop ? Landscaping Nursery Sales ? Medical Clinic ? Mini - Storage ? Open Storage perimeter screening shall be provided via 8 ’ fence that shall be opaque or sufficiently screened with landscaping ? Parcel Post Shipping Receiving ? Pharmacies ? Physical Fitness Center ? Place of Worship ? Plumbing - Heating Supply Offices and Storage Area ? Printing Reproduction Publishing ? Recreation - Indoor ? Recreation - Outdoor ? Restaurant ? School - Montessori or other Educational ? Spa - Day ? Sporting Goods ? Tanning Salon ? Thrift Store - Apparel Household ? Tire Sales - Non - Distributing ? Veterinary Clinic ? Warehouse Facility Wholesale Establishment Limited to a maximum of 30,000 sf 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Page 14 of 41Page5Applicant Proposed Conditions 1 Site plan and engineering approval shall be required prior to site construction Final site plan design shall be consistent with the design depicted in the Conditional Zoning site plan 2 Building design and site landscaping shall be consistent with that of the parcel development immediately south 3 The cemetery located on the property shall remain undisturbed 4 To enhance visual screening between the property and adjacent lots , buffers between the subject property and adjacent non - commercial lots shall be increased beyond the minimum required by the ordinance in effect at the time of the Conditional Zoning approval and shall be consistent with the increased widths indicated on the associated site plan 5 Uses shall be limited to the following uses and standards ? Automotive Parts Sales ? Automotive repair - Mechanical Limited to a maximum of 2,000 sf , no more than 8 vehicles stored overnight ? Automotive Repair - Paint Body Visually damaged vehicles under or awaiting repair shall be subject to open storage screening requirements ? Bakery - Retail ? Bank ? Barber Beauty Shop to include Nail Salon ? Building Materials Supplies - Retail Sales ? Business - Office ? Business - Retail ? Business - Wholesale ? Cemetery - there is an existing cemetery on the site which shall remain undisturbed ? Contractor’s Office w Storage Yard ? Day Care Facility - Child Limited to a maximum of 5,000 sf ? Dry Cleaning Establishment ? Feed & Seed Sales ? Heating & Air Conditioning Shop ? Landscaping Nursery Sales ? Medical Clinic ? Mini - Storage ? Open Storage perimeter screening shall be provided via 8 ’ fence that shall be opaque or sufficiently screened with landscaping ? Parcel Post Shipping Receiving ? Pharmacies ? Physical Fitness Center ? Place of Worship ? Plumbing - Heating Supply Offices and Storage Area ? Printing Reproduction Publishing ? Recreation - Indoor ? Recreation - Outdoor ? Restaurant ? School - Montessori or other Educational ? Spa - Day ? Sporting Goods ? Tanning Salon Page 15 of 41Page6? Thrift Store - Apparel Household ? Tire Sales - Non - Distributing ? Veterinary Clinic ? Warehouse Facility Wholesale Establishment Limited to a maximum of 30,000 sf Conditions 1 Site plan and engineering approval shall be required prior to site construction Final site plan design shall be consistent with the design depicted in the Conditional Zoning site plan Proposed by Applicant 2 Building design and site landscaping shall be consistent with that of the parcel development immediately south Proposed by Applicant 3 The cemetery located on the property shall remain undisturbed Proposed by Applicant 4 To enhance visual screening between the property and adjacent lots , buffers between the subject property and adjacent non - commercial lots shall be increased beyond the minimum required by the ordinance in effect at the time of the Conditional Zoning approval and shall be consistent with the increased widths indicated on the associated site plan Proposed by Applicant 5 Uses shall be limited to the following uses and standards Proposed by Applicant ? Automotive Parts Sales ? Automotive repair - Mechanical Limited to a maximum of 2,000 sf , no more than 8 vehicles stored overnight ? Automotive Repair - Paint Body Visually damaged vehicles under or awaiting repair shall be subject to open storage screening requirements ? Bakery - Retail ? Bank ? Barber Beauty Shop to include Nail Salon ? Building Materials Supplies - Retail Sales ? Business - Office ? Business - Retail ? Business - Wholesale ? Cemetery - there is an existing cemetery on the site which shall remain undisturbed ? Contractor’s Office w Storage Yard ? Day Care Facility - Child Limited to a maximum of 5,000 sf ? Dry Cleaning Establishment ? Feed & Seed Sales ? Heating & Air Conditioning Shop ? Landscaping Nursery Sales ? Medical Clinic ? Mini - Storage ? Open Storage perimeter screening shall be provided via 8 ’ fence that shall be opaque or sufficiently screened with landscaping ? Parcel Post Shipping Receiving ? Pharmacies ? Physical Fitness Center ? Place of Worship ? Plumbing - Heating Supply Offices and Storage Area ? Printing Reproduction Publishing ? Recreation - Indoor ? Recreation - Outdoor ? Restaurant ? School - Montessori or other Educational ? Spa - Day Page 16 of 41Page7? Sporting Goods ? Tanning Salon ? Thrift Store - Apparel Household ? Tire Sales - Non - Distributing ? Veterinary Clinic ? Warehouse Facility Wholesale Establishment Limited to a maximum of 30,000 sf 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines and must be placed outside of any fencing existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure an NCDOT driveway permit Page 17 of 41Page8Planning Board Minutes Case 24 - 20 August 20 , 2024 Rezoning Case 24 - 20 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 16L05030E Owner Black & Grey LLC Applicant Lipscomb Development Location 2786 acre tract located in the 2500 Block of Thanksgiving Fire Rd in the O’Neals Township Conditional Zoning Request Multiple General Business uses Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned AR and is vacant land Mr Marr stated that this case was heard by the Planning Board in May 2024 with a request for General Business , but the Applicant decided to come back to the Planning Board with a request for Conditional Zoning before it was heard by the Board of County Commissioners Chairman Letchworth asked about any roadway improvements required by NCDOT for the adjacent commercial Mr Marr stated that he thought a traffic circle was coming for the intersection of NC HWY 42 and Thanksgiving Fire Rd Chairman Letchworth asked about turn lanes for the previously approved rezoning for the hardware store Mr Marr stated that NCDOT would likely make recommendations when the site plan is submitted for review Ms Emily Beddingfield , 334 E Main St , Clayton , NC , Lipscomb Development , PC , stated the particulars of the request and was present to answer any questions from the Board Ms Beddingfield stated that a right - in turn lane would be installed as part of the hardware store and site to the south of the subject property Chairman Letchworth asked about a left turn lane from the southbound lane Ms Beddingfield responded that a left turn lane was not required Ms Beddingfield stated that their vision for the subject property has not changed and the intent is to provide a connection to the adjacent property and reduce the number of turns as people travel from one business to the next Ms Beddingfield discussed the proposed internal and external storage Ms Beddingfield stated that they have added additional buffering to provide additional screening as needed Ms Beddingfield stated that it would be a consistent and cohesive development Page 18 of 41Page9Mr Lovering asked about internal access to the other businesses Ms Beddingfield stated an internal access was the intent , but did not show it on the preliminary site plan since the connection has not been approved Mr Lovering asked about the right - in turn lane Ms Beddingfield stated that it was a deceleration lane to turn into the development Mr Lovering stated that it would have been nice to line up the entrance with Carroll Rd Ms Beddingfield agreed and stated that a cemetery is located there Ms Beddingfield stated that it was a self - limiting location due to the cemetery and due to poor line of sight being inside a turn Ms Davis asked about the preliminary site plan and the access to the entrance , commercial buildings , and storage buildings Chairman Letchworth asked about the septic area to the west side of the storage buildings and how much would remain wooded Ms Beddingfield stated that the area would probably be cleared out , but that they would leave as much wooded as possible Ms Beddingfield stated that they would work with their soil scientist to determine the minimum amount that would need to be cleared and minimize septic areas as much as possible 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 Lovering to approve Rezoning Case 24 - 20 , seconded by Mr Crenshaw , Rezoning Case 24 - 20 was recommended for approval by a unanimous vote of 6 - 0 at the August 20 , 2024 Planning Board Meeting Rezoning Case 24 - 20 will be heard by the Board of County Commissioners at their October 7 , 2024 meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that it is located within a designated “ Rural Crossroads ” Future Land Use Placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan This denotes an area in which state roads meet other major roads Page 19 of 41Page0in rural areas Uses typically include convenience retail , food outlets , restaurants , etc The request is reasonable in that the proposed zoning is compatible with surrounding land uses and zoning districts Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The subject property is well located to expand the commercial offerings of the intersection and meet the demands of the rapidly growing region for businesses and services The development of commercial uses at this site fulfills the vision of the Future Land Use Map , which envisions the area as a commercial center 9 ” rural crossroads ” The result will be less traffic and miles traveled as people will not have to drive so far to meet their needs The intersection of Thanksgiving Fire Rd and Hwy 42 East is slated to be improved as a roundabout by NCDOT This will greatly improve the accessibility and safety of visitors to the proposed business plaza The property is already serving commercial uses , as a portion of the site will house off - site septic systems for the commercial area abutting the property to the south As shown on the site plan , the site will be an extension of and associated with the commercial area immediately south , which is zoned General Business and is currently under construction as a Hudson’s Hardware and multiple attractive flexible use commercial buildings The properties will connect with vehicular connection points , enhancing vehicular access and safety The design of the property envisions mini - and outdoor - storage on the eastern portion of the property , intentionally situated well back from the street to reduce visual impacts from the right of way Enhanced buffers are provided to shield non - commercially zoned adjacent properties from any undesirable impacts , with buffers greatly exceeding the minimum buffer standards of similar development types For example , when a business use abuts a residentially zoned property , the minimum buffer is 10 ’ - this project envisions up to 60 ’ of undisturbed buffer , as shown on the site plan Buffers are proposed to be further enhanced with evergreen plantings as needed a condition has been added that the site will be evaluated to determine where existing vegetation may not provide adequate visual screening and evergreen plantings will be added The site has been evaluated for adequate septic soils , and ample land has been preserved for septic systems to serve both this and the commercial property immediately south 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 This property design is a physical extension of the commercial area to the south , which is currently under construction and zoned General Business The proposed uses of this conditional zoning - GB district are a limited selection from the list of permitted uses within the General Business zoning district and represent uses anticipated for the commercial development as a whole Uses were selected that are anticipated to be well - needed and utilized by the surrounding Page 20 of 41Page1area The selection will allow for a range of uses including various retail , office , and service - oriented businesses The site layout will naturally restrict the scale of any uses 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 site is designed as a physical extension of the commercial development abutting it to the south , and a condition is proposed to require building design and site landscaping consistency As such , it will be a seamless visual connection to that site and will not impact the character of that area The scale of the project and the site to the south is intentionally smaller in scale , utilizing multiple buildings instead of larger buildings to best integrate with the more rural character of the surrounding area The storage uses shown on the site plan are intentionally set well back from the street to reduce visual impacts from the public right of way , and greatly enhanced buffers are proposed between the site and adjacent non - commercially zoned properties 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 subject property is consistent with the Comprehensive Land Use Plan , which designates this area as on the Future Land Use Map as “ Rural Crossroads ” These “ crossroads ” are envisioned as commercial areas at crossroads of major roads , serving the relatively rural regional community Uses are limited to those that will best serve the needs of the surrounding community The final engineered site plan will be reviewed to ensure it will meet all applicable Johnston County ordinances , including applicable state and federal rules regarding transportation , utilities , environmental preservation , and stormwater management 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 District Purpose The purpose of the Thanksgiving Plaza Conditional Zoning - General Business district is to create a commercial development that will serve as a natural extension of the commercial site to the south , currently under construction The Conditional Zoning - General Business district allows for assured consistency of quality design and site layout with that of the commercial property to the south The district also allows for a limited set of uses to best reflect the Rural Crossroads designation and ensure that undesirable uses are prohibited Project Narrative The Future Land Use Map adopted by Johnston County has identified this property and others at this intersection as a site supportive of “ Rural Crossroads ” commercial development With this in mind and combined with the immediate demand for commercial growth to serve the rapidly growing residential population in this area , the development team has formed the Thanksgiving Plaza Page 21 of 41Page2Conditional Zoning proposal The Project consist of ? Multiple commercial roadfront buildings creating a maximum of 25,000 sf of commercial flexible space The design will mimic the high quality design of the under - construction buildings to the south ? The project also includes mini - storage and outdoor storage interior to the site , well set back from the road Overall , the project meets known demand for commercial activity and storage in the area in the way that implements the Future Land Use Map , creates an attractive development site , and respects adjacent properties Thanksgiving Fire Road Conditional Zoning Allowed Uses Uses shall be limited to the following uses A variety of uses are proposed to account for the multitude of neighborhood businesses and services that are suitable for flexible commercial space in a rural crossroads location The following categories are taken from the List of Permitted Uses - General Business in the Johnston County Code of Ordinances All uses and accessory uses shall be subject to the screening , buffering , and other applicable standards of the Johnston County Code of Ordinances Allowed Uses ? Automotive Parts Sales ? Automotive repair - Mechanical Limited to a maximum of 2,000 sf , no more than 8 vehicles stored overnight ? Automotive Repair - Paint Body Visually damaged vehicles under or awaiting repair shall be subject to open storage screening requirements ? Bakery - Retail ? Bank ? Barber Beauty Shop to include Nail Salon ? Building Materials Supplies - Retail Sales ? Business - Office ? Business - Retail ? Business - Wholesale ? Cemetery - there is an existing cemetery on the site which shall remain undisturbed ? Contractor’s Office w Storage Yard ? Day Care Facility - Child Limited to a maximum of 5,000 sf ? Dry Cleaning Establishment ? Feed & Seed Sales ? Heating & Air Conditioning Shop ? Landscaping Nursery Sales ? Medical Clinic Page 22 of 41Page3? Mini - Storage ? Open Storage perimeter screening shall be provided via 8 ’ fence that shall be opaque or sufficiently screened with landscaping ? Parcel Post Shipping Receiving ? Pharmacies ? Physical Fitness Center ? Place of Worship ? Plumbing - Heating Supply Offices and Storage Area ? Printing Reproduction Publishing ? Recreation - Indoor ? Recreation - Outdoor ? Restaurant ? School - Montessori or other Educational ? Spa - Day ? Sporting Goods ? Tanning Salon ? Thrift Store - Apparel Household ? Tire Sales - Non - Distributing ? Veterinary Clinic ? Warehouse Facility Wholesale Establishment Limited to a maximum of 30,000 sf 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 Proposed Conditions 1 Site plan and engineering approval shall be required prior to site construction Final site plan design shall be consistent with the design depicted in the Conditional Zoning site plan 2 Building design and site landscaping shall be consistent with that of the parcel development immediately south 3 The cemetery located on the property shall remain undisturbed 4 To enhance visual screening between the property and adjacent lots , buffers between the subject property and adjacent non - commercial lots shall be increased beyond the minimum required by the ordinance in effect at the time of the Conditional Zoning approval and shall be consistent with the increased widths indicated on the associated site plan 5 Uses shall be limited to the following uses and standards ? Automotive Parts Sales ? Automotive repair - Mechanical Limited to a maximum of 2,000 sf , no Page 23 of 41Page4more than 8 vehicles stored overnight ? Automotive Repair - Paint Body Visually damaged vehicles under or awaiting repair shall be subject to open storage screening requirements ? Bakery - Retail ? Bank ? Barber Beauty Shop to include Nail Salon ? Building Materials Supplies - Retail Sales ? Business - Office ? Business - Retail ? Business - Wholesale ? Cemetery - there is an existing cemetery on the site which shall remain undisturbed ? Contractor’s Office w Storage Yard ? Day Care Facility - Child Limited to a maximum of 5,000 sf ? Dry Cleaning Establishment ? Feed & Seed Sales ? Heating & Air Conditioning Shop ? Landscaping Nursery Sales ? Medical Clinic ? Mini - Storage ? Open Storage perimeter screening shall be provided via 8 ’ fence that shall be opaque or sufficiently screened with landscaping ? Parcel Post Shipping Receiving ? Pharmacies ? Physical Fitness Center ? Place of Worship ? Plumbing - Heating Supply Offices and Storage Area ? Printing Reproduction Publishing ? Recreation - Indoor ? Recreation - Outdoor ? Restaurant ? School - Montessori or other Educational ? Spa - Day ? Sporting Goods ? Tanning Salon ? Thrift Store - Apparel Household ? Tire Sales - Non - Distributing ? Veterinary Clinic ? Warehouse Facility Wholesale Establishment Limited to a maximum of 30,000 sf Page 24 of 41Page5Conditions 1 Site plan and engineering approval shall be required prior to site construction Final site plan design shall be consistent with the design depicted in the Conditional Zoning site plan Proposed by Applicant 2 Building design and site landscaping shall be consistent with that of the parcel development immediately south Proposed by Applicant 3 The cemetery located on the property shall remain undisturbed Proposed by Applicant 4 To enhance visual screening between the property and adjacent lots , buffers between the subject property and adjacent non - commercial lots shall be increased beyond the minimum required by the ordinance in effect at the time of the Conditional Zoning approval and shall be consistent with the increased widths indicated on the associated site plan Proposed by Applicant 5 Uses shall be limited to the following uses and standards Proposed by Applicant ? Automotive Parts Sales ? Automotive repair - Mechanical Limited to a maximum of 2,000 sf , no more than 8 vehicles stored overnight ? Automotive Repair - Paint Body Visually damaged vehicles under or awaiting repair shall be subject to open storage screening requirements ? Bakery - Retail ? Bank ? Barber Beauty Shop to include Nail Salon ? Building Materials Supplies - Retail Sales ? Business - Office ? Business - Retail ? Business - Wholesale ? Cemetery - there is an existing cemetery on the site which shall remain undisturbed ? Contractor’s Office w Storage Yard ? Day Care Facility - Child Limited to a maximum of 5,000 sf ? Dry Cleaning Establishment ? Feed & Seed Sales ? Heating & Air Conditioning Shop ? Landscaping Nursery Sales ? Medical Clinic ? Mini - Storage ? Open Storage perimeter screening shall be provided via 8 ’ fence that shall be opaque or sufficiently screened with landscaping ? Parcel Post Shipping Receiving ? Pharmacies ? Physical Fitness Center ? Place of Worship ? Plumbing - Heating Supply Offices and Storage Area ? Printing Reproduction Publishing ? Recreation - Indoor Page 25 of 41Page6? Recreation - Outdoor ? Restaurant ? School - Montessori or other Educational ? Spa - Day ? Sporting Goods ? Tanning Salon ? Thrift Store - Apparel Household ? Tire Sales - Non - Distributing ? Veterinary Clinic ? Warehouse Facility Wholesale Establishment Limited to a maximum of 30,000 sf 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines and must be placed outside of any fencing existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure an NCDOT driveway permit Page 26 of 41Page7Page 27 of 41Page8Page 28 of 41Page9Page 29 of 41Page0Page 30 of 41Page1Page 31 of 41Page2Page 32 of 41Page3Page 33 of 41Page4Page 34 of 41Page5Page 35 of 41Page6Page 36 of 41Page7Page 37 of 41Page8 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 14640 - 1 in 122002 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 August 12 , 2024 Powered by TCPDF wwwtcpdforg Page 38 of 41Page9 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 11620 - 1 in 96833 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 August 12 , 2024 Powered by TCPDF wwwtcpdforg Page 39 of 41Page024 - 20 Page 40 of 41Page1RESOLUTION FOR CASE NUMBER 24 - 20 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for parcels identified as tax ID 16L05030E located in the 2500 block of Thanksgiving Fire Road in O’Neals Township , from Agricultural Residential to General Business - Conditional Zoning WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The subject property is located in an area designated as a “ Rural Crossroads ” placetype in the County’s land use plan This placetype would promote such uses as retail , food outlets , restaurants , etc 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The proposed zoning and potential uses are compatible with surrounding properties 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 7th day of October , 2024 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 41 of 41Page