December 2, 2024 - 6:00 PM - Board of Commissioners Meeting Minutes

10 1576 Meeting of the Johnston County Board of Commissioners December 2 , 2024 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , December 2 , 2024 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , Ted G Godwin , April Stephens , Bill Stovall , Michelle Pace Davis , and Mike Rose Absent None Also Present County Manager Rick J Hester , Finance Officer and Deputy County Manager J Chad McLamb , County Attorney Jennifer J Slusser , Clerk to the Board Dana G Cuddington , and Executive Assistant Deputy Clerk Susie Reeves Chairman RS “ Butch ” Lawter , Jr called the meeting to order at 6 00 pm and the following business was transacted Chairman Lawter reminded everyone of the Board’s six priorities including Public Safety , Infrastructure , County Employees , Financial Stewardship , Educational Funding , and Land Use and the Board’s continuing efforts to keep these priorities in mind when working through the agenda 1 Appointments Announcement Chairman RS “ Butch ” Lawter , Jr stated the Board utilized written ballots at the 10 00 am meeting for appointments to the Library Board of Trustees Chairman Lawter stated the votes have been tallied and he announced the following appointments were made Library Board of Trustees – Donna Daughtry and Martha C Mills were appointed to fill unexpired terms ending on June 30 , 2025 2 Approval Discussion of Agenda Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried by unanimous vote , the Board approved the agenda as presented 3 Public Comment None 4 Brogden Rural Fire Department – Request to Purchase a Fire Apparatus Johnston County Fire Marshal Ryan Parker explained that the Brogden Fire Department is seeking permission to purchase a new engine to replace their Engine 3 which is a 2000 International pumper tanker He stated the requested engine will have a 1500 gpm pump and carry 1000 gallons of water Mr Parker stated they propose to finance this purchase and utilize capital outlay funds for the projected 1,000,000 purchase He stated there is no proposed impact to the Fire Protection Service District tax rate He introduced Brogden Fire Department Chief Chad Ward for questions At the inquiry of Commissioner Ted G Godwin , Mr Parker stated the engines are selected based on the individual needs of the respective fire departments Page1577 December 2 , 2024 – 6 00 pm Continued Vice Chairman Patrick E Harris noted there can often be differences in prices ; however , the fire departments are not a “ one size fits all ” so there will be price fluctuations in the equipment Upon a motion by Vice Chairman Patrick E Harris , seconded by Commissioner Ted G Godwin , and carried unanimously , the Board granted approval for the Brogden Rural Fire Department to move forward with the purchase as described 5 50 - 210 Community Fire Department – Request to Purchase a Fire Apparatus Johnston County Fire Marshal Ryan Parker explained the 50 - 210 Fire Department is seeking permission to purchase a new engine to replace their Engine 6 which is a 1996 Pierce pumper He stated the requested engine will have a 1500 gpm pump and carry 1000 gallons of water Mr Parker stated they propose to finance the projected 1,200,000 purchase Mr Parker stated this purchase is anticipated within the departments apparatus replacement plan and there is no proposed impact to the Fire Protection Service District tax rate He introduced 50 - 210 Fire Department Chief Brian Newborn for questions At the inquiry of Commissioner Ted G Godwin , Fire Chief Newborn stated they can try to sell the old engine ; however , because of the age and low value they may donate the truck Upon a motion by Commissioner Ted G Godwin , seconded by Commissioner April Stephens , and carried unanimously , the Board granted approval for the 50 - 210 Community Fire Department to move forward with the purchase as described 6 Finance – Resolutions Certifying and Declaring Results of November 5 , 2024 Referendums Finance Director and Deputy County Manager Chad McLamb presented resolutions for the Board’s consideration certifying and declaring the results of the November 5 , 2024 bond referendums The Johnston County Board of Elections certified to the Board of Commissioners the “ Board ” that the result of the bond referendum held on November 5 , 2024 , with respect to the proposed 120,000,000 General Obligation School Bonds of Johnston County was 64,157 votes “ For ” approval of the Bond Order and 48,903 votes “ Against ” approval of the Bond Order , and delivered a copy of the Certificate of Canvass to the Board Chairman RS “ Butch ” Lawter , Jr then introduced the following resolution the title of which was read RESOLUTION CERTIFYING AND DECLARING RESULTS OF 2024 REFERENDUM ON JOHNSTON COUNTY GENERAL OBLIGATION SCHOOL BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS , the Board of Commissioners for Johnston County desires to certify and declare the results of the referendum held November 5 , 2024 ; NOW , THEREFORE , the Board of Commissioners for Johnston County meeting in regular session in Smithfield , North Carolina , on December 2 , 2024 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY 1 The Board hereby certifies and declares the results of the referendum held on November 5 , 2024 , with respect to the proposed 120,000,000 General Obligation School Bonds of Johnston County , to be 64,157 votes “ For ” approval of the Bond Order and 48,903 votes “ Against ” approval of the Bond Order 2 The affirmative votes of a majority of those voting having been received , the Board hereby certifies and declares that the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF 120,000,000 GENERAL OBLIGATION SCHOOL BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF SCHOOL FACILITIES ” is now in effect 3 The Clerk to this Board shall cause the statement attached as Exhibit A to be published in The News & Observer and filed in the Clerk’s office 4 This resolution shall take effect immediately Page1578 December 2 , 2024 – 6 00 pm Continued Commissioner Ted G Godwin moved the passage of the foregoing resolution , Commissioner April Stephens seconded the motion and the resolution was passed by the following vote Ayes Commissioners RS “ Butch ” Lawter , Jr , Patrick E Harris , Ted G Godwin , April Stephens , Bill Stovall , Michelle Pace Davis , and Mike Rose Nays None Not Voting None The Johnston County Board of Elections certified to the Board of Commissioners the “ Board ” that the result of the bond referendum held on November 5 , 2024 , with respect to the proposed 30,000,000 General Obligation Community College Bonds of Johnston County was 61,427 votes “ For ” approval of the Bond Order and 51,817 votes “ Against ” approval of the Bond Order , and delivered a copy of the Certificate of Canvass to the Board Chairman RS “ Butch ” Lawter , Jr then introduced the following resolution the title of which was read RESOLUTION CERTIFYING AND DECLARING RESULTS OF 2024 REFERENDUM ON JOHNSTON COUNTY GENERAL OBLIGATION COMMUNITY COLLEGE BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS , the Board of Commissioners for Johnston County desires to certify and declare the results of the referendum held November 5 , 2024 ; NOW , THEREFORE , the Board of Commissioners for Johnston County meeting in regular session in Smithfield , North Carolina , on December 2 , 2024 , does the following BE IT RESOLVED BY THE BOARD OF COMMISSIONERS FOR JOHNSTON COUNTY 1 The Board hereby certifies and declares the results of the referendum held on November 5 , 2024 , with respect to the proposed 30,000,000 General Obligation Community College Bonds of Johnston County , to be 61,427 votes “ For ” approval of the Bond Order and 51,817 votes “ Against ” approval of the Bond Order 2 The affirmative votes of a majority of those voting having been received , the Board hereby certifies and declares that the Bond Order entitled “ BOND ORDER AUTHORIZING THE ISSUANCE OF 30,000,000 GENERAL OBLIGATION COMMUNITY COLLEGE BONDS FOR THE PURPOSE OF FINANCING THE ACQUISITION , CONSTRUCTION AND EQUIPPING OF COMMUNITY COLLEGE FACILITIES ” is now in effect 3 The Clerk to this Board shall cause the statement attached as Exhibit A to be published in The News & Observer and filed in the Clerk’s office 4 This resolution shall take effect immediately Commissioner Ted G Godwin moved the passage of the foregoing resolution , Commissioner April Stephens seconded the motion and the resolution was passed by the following vote Ayes Commissioners RS “ Butch ” Lawter , Jr , Patrick E Harris , Ted G Godwin , April Stephens , Bill Stovall , Michelle Pace Davis , and Mike Rose Nays None Not Voting None 7 Public Hearing Rezoning Requests Advertised – The Johnstonian News and The News in Review – November 20 and 27 , 2024 Certified letters were mailed to adjoining property owners on November 18 , 2024 Notices were posted at the locations on August 28 , 2024 for Case 24 - 22 and October 1 , 2024 for Cases 24 - 23 , 24 - 24 , 24 - 25 , and 24 - 26 The Chairman opened the Rezoning Hearing for Case 24 - 22 Page1579 December 2 , 2024 – 6 00 pm Continued Case 24 - 22 Petition to rezone a 188 acre tract located at 2735 Powhatan Road in the Clayton Township from Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J05012R Owner Novo Nordisk Pharmaceutical Industries , LP Applicant Novo Nordisk Pharmaceutical Industries , LP Planning Director Braston Newton stated the petition is to rezone a 188 acre tract located at 2735 Powhatan Road in the Clayton Township from Agricultural Residential to Industrial - 1 The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Industrial 1 and used as a pharmaceutical manufacturing company ; and several surrounding properties are in the Town of Clayton ETJ Mr Newton stated the area is located within a designated “ Employment Center ” future land use place type on the County’s Envision Johnston Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Powhatan Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Newton confirmed that the majority of the surrounding land is zoned Industrial – 1 Mr Wayne Connor , representing Applicant Novo Nordisk , was present to answer any questions Mr Connor stated this rezoning would be consistent with the surrounding parcels There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the request and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 24 - 22 Decision on Rezoning Case 24 - 22 Case 24 - 22 Petition to rezone a 188 acre tract located at 2735 Powhatan Road in the Clayton Township from Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J05012R Owner Novo Nordisk Pharmaceutical Industries , LP Applicant Novo Nordisk Pharmaceutical Industries , LP Commissioner Ted G Godwin moved the Board adopt a Statement of Consistency Resolution as follows and approve the request for Case 24 - 22 Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 24 - 22 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 ; and 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 05J05012R located at 2735 Powhatan Road in Clayton Township , from Agricultural Residential to Industrial - 1 ; and 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 PagePage pageNumber51580 December 2 , 2024 – 6 00 pm Continued 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 parcel lies within an identified “ employment center ” as indicated on the future land use map , and ; b The exciting utility infrastructure in the area has adequate capacity to serve the use 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The zoning designation of Industrial - 1 provides expanded opportunity for job creation and economic stability and the property is located near an arterial corridor and ; b The request is reasonable and in the public interest in that Industrial - 1 is compatible with surrounding land uses and zoning , which include other Industrial zoning designations 3 This Board approves the proposed zoning amendment from Agricultural Residential to Industrial - 1 nd Adopted this the 2 day of December , 2024 The Chairman reopened the Rezoning Hearing for Case 24 - 23 Case 24 - 23 Petition to rezone 32 acres of a 4182 acre tract located at 2072 Earpsboro Road in the O’Neals Township from General Business – Conditional Zoning GB - CZ to Agricultural Residential AR Tax ID 11M02007A Owner Renee Baker Applicant Renee Baker Planning Director Braston Newton stated the petition is to rezone 32 acres of a 4182 acre tract located at 2072 Earpsboro Road in the O’Neals Township from General Business – Conditional Zoning to Agricultural Residential The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; and General Business – Special Use District and approved for indoor and outdoor storage and antique shop and ice cream retail Mr Newton stated the area is located within a designated “ Rural Living ” place type on the County’s Envision Johnston Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Earpsboro Road is 1,500 vehicles per day as of 2021 and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton noted this request is for a downzoning and the applicant wishes to have this portion of the property zoning revert back to the original Agricultural Residential zoning Applicant Renee Baker addressed the Board and requested approval of the request to downzone the subject site Ms Baker stated it is her intention to divide the property and allow her children to build homes on the site There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 24 - 23 Decision on Rezoning Case 24 - 23 Case 24 - 23 Petition to rezone 32 acres of a 4182 acre tract located at 2072 Earpsboro Road in the O’Neals Township from General Business – Conditional Zoning GB - CZ to Agricultural Residential AR Tax ID 11M02007A Owner Renee Baker Applicant Renee Baker Commissioner April Stephens moved the Board adopt a Statement of Consistency Resolution as follows and approve the rezoning request for Case 24 - 23 Vice Chairman Patrick E Harris seconded the motion , which carried by unanimous vote PagePage pageNumber61581 December 2 , 2024 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 24 - 23 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 11M02007A 32 acres of 4182 acres , located at 2072 Earpsboro Road in the O’Neals Township from General Business Conditional Zoning 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 General Business Conditional Zoning GB - CZ to Agricultural Residential AR Adopted this the 2nd day of December , 2024 The Chairman reopened the Rezoning Hearing for Case 24 - 24 Case 24 - 24 Petition to rezone 448 acres located at 5691 NC Hwy 42 E in the Wilders Township from General Business – Special Use District GB - SUD to General Business – Conditional Zoning GB - CZ Tax ID 16L05035B Owner Pittman Pines , LLC Applicant Hunter Dawkins , 4 Rivers Acquisitions , LLC Conditional Zoning Request Mini - Storage Planning Director Braston Newton stated the petition is to rezone 448 acres located at 5691 NC Hwy 42 E in the Wilders Township from General Business – Special Use District to General Business – Conditional Zoning He stated the conditional zoning request is to allow for mini - storage The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and also an elementary school ; General Business – Special Use District and used as an event venue ; and PUD for the Flowers Plantation Planned Unit Development Mr Newton stated the area is located within a designated “ Rural Living ” future land use place type on the County’s Envision Johnston Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of NC Hwy 42 E is 6,300 vehicles per day as of 2021 and it appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement PagePage pageNumber71582 December 2 , 2024 – 6 00 pm Continued The Chairman called for the applicant to come forward and called the following to everyone’s attention Proposed Conditions 1 Proposed uses Mini - Storage Proposed by Applicant 2 Building height shall be limited to a maximum of 2 stories Proposed by Applicant 3 The development shall conform to all requirements of the Johnston County Land Development Code 4 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 5 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 6 All signage shall comply with the Johnston County sign code 7 All structures must comply with all rules enforced by Federal , State , and Local agencies 8 Secure an NCDOT driveway permit 9 Allow room for stacking of vehicles 10 Road improvements will be required by NCDOT 11 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties 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 proposed self - service storage facility is ideally situated on Highway 42 and will provide nearby residents with easy and convenient access to a neighborhood service The surrounding area is quickly developing with more dense residential uses such as townhomes and apartments , which traditionally have less storage space for residents This facility will promote the general welfare of the surrounding area by meeting the increased demand for easy and convenient access to additional storage space The facility will also maintain and promote the public health and safety by limiting the negative impacts of traditional storage facilities The project will consist of class A self - storage facility , with the majority of the units within a fully enclosed climate controlled building The non - climate direct access units will be screened from the public streets to avoid visual impacts In addition , the facility will be managed by a best in class REIT manager The facility will not be open for access 24 hours a day , but will be fully secured and monitored 24 hours a day Self - storage facilities are also inherently low impact because they generate less peak demand than traditional retail and restaurant uses , which have constant foot traffic throughout the day Therefore , this development will have a much smaller parking area and a much lower impact on the surrounding roads As a result , the proposed self - storage facility is compatible with the surrounding residential uses , and will provide nearby residents with easy and convenient access to a low impact neighborhood service 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 surrounding area is quickly developing with more dense residential uses , such as townhomes and apartments , which traditionally have less storage space for residents This facility will meet the increased demand for easy and convenient access to additional storage space The proposed self - service storage facility is also compatible with the surrounding residential area because it is designed to appear and operate as a low impact office use 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 self - service storage facility is ideally located along a major corridor and will meet the increased demand for easy and convenient access to additional storage space The facility will also enhance the character of the neighborhood because is designed to appear and operate as a low impact office use , which is compatible with the surrounding area 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 is within the Rural Crossroads Placetype on the Future Land Use & Conservation Plan Map Crossroads are the small concentrations of commercial uses in rural portions of the county Uses typically include convenience retail , food outlets , restaurants , fuel stations , agricultural support uses , etc The proposed self - service storage use is consistent with the uses recommended in this placetype by providing a needed neighborhood service in close proximity to nearby residential uses Attorney Mark Frederick , Parker Poe Adams & Bernstein LLP , 301 Fayetteville Street , Raleigh , addressed the Board and stated he would be joined by Applicant Hunter Dawkins of 4 Rivers Acquisitions , LLC along with Paul Lawler of Bowman Consulting Mr Frederick stated the request would allow for a self - servicePagePage pageNumber81583 December 2 , 2024 – 6 00 pm Continued storage facility He stated they believe the location is ideal for the proposed use and the area is quickly developing with residential uses consisting of townhomes and multi - family units which typically do not offer much storage Mr Frederick reviewed the site plan with the Board noting the access point and stated the units would be within a conditioned secured facility approximately 80,000 sf in size with a two - story structure He stated there will be some exterior units on the eastern side of the property which will be screened from Hwy 42 He noted perimeter buffers are also planned and he presented renderings of the proposed structures Mr Frederick offered to answer any questions Upon a question by Commissioner Michelle Pace Davis , Mr Frederick stated they have been in contact with the North Carolina Department of Transportation who indicated that no turn lanes will be required because traffic counts are typically low with these types of facilities Commissioner April Stephens asked Mr Frederick to expand on the traffic count information specifically if the full traffic count of Hwy 42 was taken into consideration Mr Frederick responded the Department of Transportation does take into account the full traffic count of the highway , but for this specific use , in general storage facilities have a very low traffic count during the day and do not generate the same counts as a retail use would Upon a question by Chairman RS “ Butch ” Lawter , Jr , Mr Frederick noted the site plan and stated the entire eastern side of the property would be fenced in with a gate He noted the location of the gate on the site plan for the Board and the location of where any vehicle stacking would take place Applicant Hunter Dawkins with 4 Rivers Acquisitions , LLC addressed the Board noted the location of the entrance to the site and stated it was designed in accordance with the North Carolina Department of Transportation standards He stated they rarely have more than five trips per hour with the proposed use Upon a question by Commissioner Davis , Mr Dawkins noted the location of the entrance in relation to the intersection Commissioner Mike Rose asked how many units are planned Mr Dawkins stated they have not finalized the number of units ; however , based on the size of the structure , he estimates there will be about 700 units Commissioner Bill Stovall asked about the hours of operation Mr Dawkins responded staff would be on site from 9 00 am until 5 00 pm daily and typically there is access to the building approximately one hour before opening and one hour after closing Chairman Lawter noted his concern is with safety in that although they are planning for five trips per hour , the highway speed limit is 55 at that location and this could be a hazard with people turning in the driveway Commissioner Stephens stated traffic stacking is also a concern for her and she asked if there was a way to access the site from the rear of the property so the entrance would not be on Hwy 42 Mr Dawkins responded they would have to obtain an access easement from the neighboring property and would also have to have a driveway cut for the access At the inquiry of the Chairman , Mr Frederick confirmed their agreement with the conditions as proposed At the inquiry of Chairman Lawter , County Attorney Jennifer Slusser stated the Board’s decision is based on the request being consistent with the Land Use Plan and if it is in the public interest Ms Slusser stated things to consider for public interest reasonableness includes things such as the size , physical conditions , other attributes of the area proposed to be rezoned , the benefits and detriments to landowners , the surrounding community , the relationship between the current and actual permissible development on the tract and adjoining areas , the development that would be permissible under the proposed amendment , and any changed conditions that might warrant the amendment PagePage pageNumber91584 December 2 , 2024 – 6 00 pm Continued There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency with an attached list of conditions as submitted in the agenda packet At the inquiry of Commissioner Stephens , Mr Newton confirmed that the Department of Transportation would issue their requirements after the rezoning is approved Chairman Lawter asked Mr Newton if staff could convey the Board’s concerns about the speed limit at that location Mr Newton stated staff had already conveyed those concerns to the Department of Transportation Upon a question by Commissioner Stovall , Mr Newton stated that portion of Hwy 42 does have planned improvements , but there are no improvements in terms of multi - lanes Upon a question by Chairman Lawter , Mr Newton confirmed the driveway width of 24 ’ is consistent with Department of Transportation standards There being no further comments , the Chairman closed the Rezoning Hearing for Case 24 - 24 Commissioner April Stephens asked if a condition could be added requiring a turn lane Mr Newton stated technically the Board , as a local government , does have the ability to require a turn lane because it is the point of access being discussed Commissioner Stephens expressed her concerns with traffic stopping at an access off of a highway that has a speed limit of 55 mph Chairman RS “ Butch ” Lawter , Jr noted there is a middle school also planned in the Lynch Road area Chairman Lawter asked the County Attorney for guidance on the Board adding a condition requiring a turn lane County Attorney Jennifer Slusser noted if the Board wanted to add the turn lane as a condition , the applicant will have to agree She stated the Board cannot require off - site improvements , but it can require on - site improvements so it will depend on the specific language the Board would like to include in the condition and if the applicant will agree with that language Mr Newton stated this matter was a topic of discussion in a training session he attended recently and he learned that statutorily the Board does have the ability to require the turn lane because it is the direct point of access to the site Chairman Lawter asked if the Board would like to consider adding the turn lane at the point of access as a condition The Board discussed the point of access for the site and possibly adding a condition for a turn lane Commissioner Ted G Godwin stated he personally does not see this being an issue because of the nature of the business and its occasionally usage Commissioner Mike Rose noted if it is a right turn lane , it would only affect people coming from the east so anyone coming from the west would still have to cross traffic ; therefore , he does not know if a right turn lane would really help the situation Commissioner Michelle Pace Davis agreed with Commissioner Rose that it would not help people coming from the west Commissioner Bill Stovall stated if the Department of Transportation has already said the driveway meets their standards , then he does not see this matter as being within the Board’s purview Page01585 December 2 , 2024 – 6 00 pm Continued Commissioner Stephens noted in past cases the Board has required that the accesses be located further off the road Commissioner Stephens spoke on her experience with storage facilities backing up traffic especially during weekends when people are trying to access those businesses Commissioner Stephens stated this is a busy highway and the Board needs to think about the future Vice Chairman Patrick E Harris stated he agrees with Commissioner Godwin that he does not see this as being an issue Chairman Lawter stated based on the conversation , the conditions will remain as originally proposed Decision on Rezoning Case 24 - 24 Case 24 - 24 Petition to rezone 448 acres located at 5691 NC Hwy 42 E in the Wilders Township from General Business – Special Use District GB - SUD to General Business – Conditional Zoning GB - CZ Tax ID 16L05035B Owner Pittman Pines , LLC Applicant Hunter Dawkins , 4 Rivers Acquisitions , LLC Conditional Zoning Request Mini - Storage Commissioner Ted G Godwin moved the Board adopt a Statement of Consistency Resolution and approve the rezoning request with conditions as follows for Case 24 - 24 Commissioner Bill Stovall seconded the motion , which carried by the following vote Ayes Chairman RS “ Butch ” Lawter , Jr , Vice Chairman Patrick E Harris , and Commissioners Ted G Godwin , Bill Stovall , Michelle Pace Davis , and Mike Rose Nays Commissioner April Stephens RESOLUTION FOR CASE NUMBER 24 - 24 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 16L05035B located at 5691 NC Hwy 42 East in Wilders Township , from General Business Special Use District 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 Certain low intensity non - residential land uses may be suitable in very low density residential and agricultural unincorporated areas of the county with proper development conditions 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because Page11586 December 2 , 2024 – 6 00 pm Continued a The conditional zoning allows for a land use that provides an indirect service to the county through infrastructure support operation , and ; b The request , if developed in accordance with regulatory standards and established conditions , is not a detriment to public safety nor does it create a public nuisance 3 This Board approves the proposed zoning amendment from General Business Special Use District GB - SUD to General Business - Conditional Zoning GB - CZ Adopted this the 2nd day of December , 2024 Conditions 1 Proposed uses Mini - Storage 2 Building height shall be limited to a maximum of 2 stories 3 The development shall conform to all requirements of the Johnston County Land Development Code 4 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 5 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 6 All signage shall comply with the Johnston County sign code 7 All structures must comply with all rules enforced by Federal , State , and Local agencies 8 Secure an NCDOT driveway permit 9 Allow room for stacking of vehicles 10 Road improvements will be required by NCDOT 11 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 24 - 25 Case 24 - 25 Petition to rezone 52 acres of a 92 acre tract located at 100 Davis Road in the Wilders Township from Agricultural Residential AR to General Business – Conditional Zoning GB - CZ Tax ID 16L02045O Owner Larry Davis Applicant Larry Davis Conditional Zoning Request Commercial truck and equipment parking Planning Director Braston Newton stated the petition is to rezone 52 acres of a 92 acre tract located at 100 Davis Road in the Wilders Township from Agricultural Residential to General Business – Conditional Zoning He stated the conditional zoning request is to allow for commercial truck and equipment parking The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; and a legacy Community Business – Special Use District zoning for a bed and breakfast Mr Newton stated the area is located within a designated “ Low Density Residential ” future land use place type on the County’s Envision Johnston Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Davis Road is 365 vehicles per day as of 2023 and it does not appear on the Comprehensive Transportation Plan as needing improvement Upon a question by Commissioner Michelle Pace Davis , Mr Newton stated there are no General Business zoning districts nearby Mr Newton stated the property would be served by an access easement He stated there is also an environmental feature near the property The Chairman called for the applicant to come forward and called the following to everyone’s attention Proposed Conditions 1 Proposed uses Parking of commercial vehicles , work trucks , trailers , and construction equipment 2 Limited to 4 commercial trucks work trucks , 4 trailers , and 4 pieces of machinery mini excavators skid steers 3 The development shall conform to all requirements of the Johnston County Land Development Code 4 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 5 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 Page21587 December 2 , 2024 – 6 00 pm Continued 6 All signage shall comply with the Johnston County sign code 7 All structures must comply with all rules enforced by Federal , State , and Local agencies 8 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties 9 Strict adherence to the Johnston County Noise ordinance must be followed 10 No operation of equipment trucks before dawn 11 No hazardous materials will be stored on site Proposed by Applicant 12 Access road must be paved through Right - of - way Required by NCDOT 13 Access road must be evaluated by Fire Marshal to verify it is at least 20 ’ wide for emergency vehicles 14 At time of development ? Stormwater permit required if 17,000 sf or more of impervious area will be added ? Property is in ESA and is limited to 12 impervious area without stormwater controls ? Erosion control permit required if an acre or more will be disturbed ? 401 404 Buffer permits will be required for the stream crossing ? Wetlands should be delineated and shown on the plan if present as well as all jurisdictional features and buffers A buffer call may be necessary 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 use and development of the rezoning area is located to minimize line of site view of stored pickup trucks , open and enclosed utility trailers , small equipment such as skid steers and mini excavators from neighbors and roadway vehicular traffic 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 Because the surrounding area is mostly wooded , secluded , agricultural or residential , the use of this secluded portion of my land to store my small equipment , utility trailers & trucks will not impact the surrounding area The small equipment stored is also used on the property to maintain all the property , access easement road & proper drainage 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 I have cleaned up the entire property , built and maintained the access easement road and improved the overall appearance of said property and improved roadside drainage at the entry of the access easement road along Davis Rd 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 Everything stored is mobile and can easily be relocated within the property and most of the small equipment and trailers are used on a daily basis Applicant Larry Davis stated he wishes to park his equipment , trucks and trailers on the site and considers this a storage yard He stated his office is located in another location He stated the employees drive the trucks home at night and there is no work being done on the site He stated they are a concrete company Mr Davis stated the property is secluded and located off the roadway He stated they maintain the road because of the easement Mr Davis stated he called the Planning Department prior to purchasing the property and was advised that he could operate the use on the site once the appropriate procedures were completed Mr Davis stated the process was taking longer than he had wanted it to so in the meantime he decided to fix the road and brought in gravel which created dust and noise and disturbed the neighbors Mr Davis stated the neighbors thought he was a building something on the site , but he was trying to establish the driveway Mr Davis acknowledged there is a pond nearby and stated they do not change the oil on the trucks or equipment as the property is only to be used to store materials , trailers , and spare trucks Mr Davis noted there were also concerns with noise and he acknowledged that there was a lot of noise when the gravel was brought in for the road Mr Davis indicated that his proposed use will generate less traffic than a residential development or a retail use Mr Davis reiterated that he only wants to park his equipment and trucks and there would be no manufacturing on the site At the inquiry of Chairman RS “ Butch ” Lawter , Jr , Mr Davis stated condition # 2 was changed in the Planning Board meeting to reflect the site would be limited to 10 trucks , 10 trailers , and 10 pieces of machinery instead of four He stated condition # 15 regarding the hours of operation was also added for 6 00 am to 6 00 pm , seven days a week Page31588 December 2 , 2024 – 6 00 pm Continued Chairman Lawter asked if the conditions , with the changes that were proposed during the Planning Board meeting were acceptable Mr Davis confirmed he was agreeable to the conditions with the changes as discussed during the Planning Board meeting Upon questions by Commissioner Mike Rose , Mr Davis stated he purchased the property in May of 2024 and it was zoned Agricultural Residential at that time Mr Davis stated he was aware at the time of purchase that the property was not zoned correctly for what he wished to do Mr Davis stated he contacted the Planning Department who advised him of the rezoning process he would have to complete in order to have his trucks on the site Mr Davis stated it took him a while to get all his documentation in order and in the meantime , he began the process of fixing the road into the site which he believes is what upset the neighbors At the inquiry of Commissioner Bill Stovall , Mr Davis stated part of his equipment is located on the subject site He stated the equipment would be parked on site when they are in between jobs , but the trucks are driven home by the employees He stated his office is located in Zebulon Chairman Lawter stated the Board had received emails from Andy and Shelia Currin as well as Bob Richardson in opposition to the request Phillip Davis , 2653 Huntsman Trail , spoke in opposition to the request stating he feels there are risks associated with the proposed use Mr Davis stated he believes the request could be considered spot zoning Mr Davis stated he owns property near the pond in the area and he is concerned with chemicals contaminating the pond and killing the fish Alex Overby , 110 Davis Road , stated he lives the closest to the subject site Mr Overby stated he purchased his home around the same time as when the applicant purchased the subject site and began work on the road Mr Overby stated he has never had any issues with the applicant and has not heard any work coming from the site Rebecca Gordon , 145 Davis Road , spoke in opposition to the request and shared the minutes from the Planning Board meeting with the Board Ms Gordon stated all the neighbors from the community agree that everyone should have the right to create and maintain a business ; however , every business owner has the responsibility of maintaining a healthy balance of running the business and respecting those around them Ms Gordon stated they appreciate Mr Davis acknowledging the initial noise and pollution complaint that referred to the maintenance of the driveway ; however , they feel he has no forethought regarding the neighbors in the surrounding areas Ms Gordon stated she feels that if Mr Davis knew the driveway noise was disruptive , he should have contacted the neighbors first Ms Gordon expressed concerns with the conditions being changed from allowing four trucks to ten as well as Mr Davis purchasing the property with the sole intent to operate a commercial business and purchasing the property knowing it was not zoned correctly Ms Gordon stated the actions of Mr Davis show that he does not plan on following proper protocols and procedures and she feels he has disrespected the members of the community Ms Gordon stated she has signatures from ten neighbors agreeing with her comments Tom Campbell , 161 Davis Road , asked if the request is approved , can the applicant construct a building on the site Mr Campbell stated the equipment can be seen from the road and he does not feel this is the proper place for the proposed use Mr Campbell stated he has seen equipment coming in and out of the property even though it is not permitted properly Mr Campbell questioned why the applicant would purchase a piece of property that is not already zoned correctly for a commercial operation Mr Campbell also expressed concerns that if the request is approved , more commercial requests would come in for the area Mr Newton stated the site plan does not indicate plans for a building and it is not listed in the conditions as being a part of the use He stated if the applicant wishes to construct a building , he would have to come back to the Board for approval to have the building added to the conditions At the inquiry of Commissioner Rose , Mr Campbell stated he lives across the road and approximately three properties down from the subject site’s access road Applicant Larry Davis readdressed the Board and stated they are not planning on building a structure on the site and his intent is not to disrupt the neighborhood Mr Davis stated the site would be to store materials for use at other jobs Mr Davis stated he only wants to rezone the middle portion of the property in the event he wishes to construct a home beside the subject site at some point in the future Page41589 December 2 , 2024 – 6 00 pm Continued Chairman Lawter noted that the conditions are for parking only and he has not seen anything regarding rebar and putting forms together Mr Davis stated rebar must be loaded onto the trailers and secured so it can travel from the site to jobs Mr Davis stated he brings in the rebar on trailers which is unloaded onto the site for use later when needed Upon a question by Chairman Lawter , Mr Newton recommended adding the storage of materials to the conditions and stated if there is truly to be no fabrication on site , then he would suggest adding that to the conditions also At the inquiry of Chairman Lawter , Mr Davis agreed with adding language regarding the storage of materials and that no fabrication would be allowed on site to the conditions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended denial of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet At the inquiry of Commissioner April Stephens , Mr Newton reported Johnston County has historically been and continues to be complaint driven ; therefore , if the request is approved and the applicant violates the conditions , once a complaint comes in then staff would investigate that complaint Upon questions by Chairman Lawter , Mr Newton stated the other Community Business – Special Use District zoning in the area is a legacy zoning Mr Newton also confirmed this would be a split zoning with only 52 acres of the 92 acre tract under consideration Mr Newton stated the area is located within a designated “ Low Density Residential ” future land use place type on the County’s Envision Johnston Comprehensive Land Use Plan and the discussions regarding “ Low Density Residential ” at no time were to be any greater than 1 to 145 units per acre Chairman Lawter stated it is his opinion that the request is not consistent with the Comprehensive Land Use Plan and is not reasonable or in the public interest Chairman Lawter also referenced the Conditional Zoning Applicant Questions and stated he has not heard anything that would make him feel the request has met the standards in those four questions , as follows 1 that the use would maintain or promote the public health , safety , and general welfare ; 2 that the use would be compatible with “ Low Density Residential ” ; 3 that the use is a public necessity ; and 4 that the use would conform with the general plans for the physical development of the County’s planning jurisdiction There being no further comments , the Chairman closed the Rezoning Hearing for Case 24 - 25 Decision on Rezoning Case 24 - 25 Case 24 - 25 Petition to rezone 52 acres of a 92 acre tract located at 100 Davis Road in the Wilders Township from Agricultural Residential AR to General Business – Conditional Zoning GB - CZ Tax ID 16L02045O Owner Larry Davis Applicant Larry Davis Conditional Zoning Request Commercial truck and equipment parking Motion Commissioner Ted G Godwin moved the Board adopt a Statement of Consistency Resolution as follows and deny the rezoning request for Case 24 - 25 based on the request not being 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 , and further that it conflicts with LU - 1 of the Envision Johnston Plan that recommends to “ Direct future growth toward the municipalities ” Commissioner Bill Stovall seconded the motion Discussion Commissioner Michelle Pace Davis spoke on the importance of property rights and someone being able to start a business that will employ others ; however , the placement of those businesses must echo the Land UsePage51590 December 2 , 2024 – 6 00 pm Continued Plan She stated it is hard to say no to someone trying to employ others in the County , but she sees the need to make sure the Land Use Plan is adhered to Commissioner April Stephens agreed with Commissioner Davis and stated while she does not want to deter someone from starting a business , she has concerns with this area being as rural as it is Vote The motion to deny carried by unanimous vote RESOLUTION FOR CASE NUMBER 24 - 25 RESOLUTION DENYING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING 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 16L02054O 52 acres of 92 acres located at 100 100 Davis Road in Wilders 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 inconsistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners deny 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 deny the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is inconsistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board finds the request unreasonable and not 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 inconsistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The area is identified as a residential placetype and the proposed use is not consistent with those that may add value to the community by providing a rural community service 2 This Board finds and determines that it is not reasonable and not in the public interest to approve the proposed amendment because a Concerns over lack of sufficient access for public safety apparatus , and the potential environmental impacts from leaking fluids from the vehicles and equipment 3 This Board denies the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 2nd day of December , 2024 The Chairman reopened the Rezoning Hearing for Case 24 - 26 Case 24 - 26 Petition to rezone 151 acres of a 2901 acre tract located at 3441 Wendell Road in the Wilders Township from Agricultural Residential AR to General Business – Conditional Zoning GB - CZ Tax ID 16K02032A Owner Anthony Antonia Wilkerson Applicant Jose Fernando Hernandez Conditional Zoning Request Tow truck yard and mechanic shop Page61591 December 2 , 2024 – 6 00 pm Continued Planning Director Braston Newton stated the petition is to rezone 151 acres of a 2901 acre tract located at 3441 Wendell Road in the Wilders Township from Agricultural Residential to General Business – Conditional Zoning He stated the conditional zoning request is to allow for a tow truck yard and mechanic shop Mr Newton stated the property is located on the corner of Wendell Road and David Road He stated David Road serves a residential development that terminates in a cul - de - sac The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Industrial 2 and Industrial 2 – Special Use District for an auto salvage yard ; and Community Business but does not appear to be operating as a business Mr Newton stated the area is located within a designated “ Low Density Residential ” future land use place type on the County’s Envision Johnston Comprehensive Land Use Plan Mr Newton stated the traffic count for this portion of Wendell Road is 3,100 vehicles per day as of 2023 and it does appear on the Comprehensive Transportation Plan as an existing minor thoroughfare with adequate design capacity Mr Newton noted the property came in to the Planning Department as a zoning complaint in June of 2023 along with several other properties on this road for the violation of operating a commercial business in an Agricultural Residential zoning district Mr Newton stated there has been one subsequent partial property rezoning on the cul - de - sac for limited commercial vehicle parking and another commercial request was denied He noted there are other ongoing violations in the development The Chairman called for the applicant to come forward and called the following to everyone’s attention Proposed Conditions 1 Proposed uses Automotive repair shop Tow yard Proposed by applicant 2 Contain all repairs to inside of shop if possible Proposed by applicant 3 The development shall conform to all requirements of the Johnston County Land Development Code 4 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 5 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 6 All signage shall comply with the Johnston County sign code 7 All structures must comply with all rules enforced by Federal , State , and Local agencies 8 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties 9 Hours of operation shall be Monday through Friday 8am - 7pm , Saturday 8 am - 1 pm Proposed by applicant 10 All vehicles and repair services will be performed and contained inside of the garage or an 8 ft opaque fence 11 Driveway must be able to hold 75,000 pounds Fire Marshal 12 Must Provide fire hydrant if one is not within required distance Fire Marshal 13 NCDOT Driveway permit required 14 Driveway must be paved through the Right - of - Way NCDOT Conditional Zoning Applicant Questions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The property is located on 3441 Wendell Rd will be maintained and promote public safety by offering a fence area within its required landscape buffer and screening that will have everything contained in it We will provide local towing services and repairs to the growing community following the rules and regulations of the county 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 There are other zonings on this road classified from General Business , industrial , I1 I2 and GB We are asking for a chance to work out family business and be a help to the community and by noticing other businesses around us that are zone similar , or are allowed to work under the zoning laws A business like ours will not have the same amount of traffic in the community as other local businesses The shop will have its own driveway from the main road that it’s already in the process with DOT as seen on the site plan 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 By working within our designated area and having our landscape buffers The impact on the neighborhood would be minimal and our business would be maintained within the zoned area Page71592 December 2 , 2024 – 6 00 pm Continued 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 As residents of Johnston County for more than 10 years , being permitted to set up our family business here in Johnston County will help with services and maintain revenue within