February 3, 2025 - 6:00 PM - Board of Commissioners Agenda Packet (Rezoning)

10 PUBLIC NOTICE OF COUNTY BOARD MEETING February 3 , 2025 6 00 pm The Johnston County Board of Commissioners will meet in Regular Session on Monday , February 3 , 2025 at 6 00 pm or as soon thereafter as possible in the Commissioners Meeting Room located in the Johnston County Courthouse at 207 E Johnston Street , Smithfield , NC The purpose of the meeting is to transact business as presented during the meeting Auxiliary aids for the handicapped will be made available upon reasonable notice Citizens that would like to address the Board for Public Comment or for 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 Comments 3 Public Hearings Rezoning Conditional Use Requests CASE 16 - 04 MOD – Applicant Tower Engineering Professionals Duke Energy 5 CASE 24 - 27 – Applicant Patrick Riley 21 CASE 24 - 32 – Applicant George E & Gayle F Mast 44 CASE 24 - 33 – Applicant Cattail Family , LLC 56 CASE 24 - 34 – Applicant Timothy Eldridge 70 4 Manager Reports and Comments 5 Board Reports and Comments Page 1 of 85PageFebruary 3 , 2025 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 16 - 04 MOD SPECIAL USE REQUEST Petition to modify an existing SUP located at 4407 Bizzell Grove Church Road in the Boon Hill Township that was zoned Agricultural Residential - Special Use District AR - SUD Tax ID 12O09049F Owner Carolina Power and Light Applicant Tower Engineering Professionals Duke Energy Special Use Request To add a communications tower as an allowed use to the existing SUP Fact Sheet includes conditions Planning Board Minutes Application Zoning Map Aerial Map Photos CASE 24 - 27 Tabled from January 6 , 2025 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 4328 acre tract located in the 11700 Block of Cleveland Road , in Cleveland Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E02076 , 06E02015A , 06G05014 & 06E02015 Owner Dorothy Hall , Joan & Glenwood Parrish & James Hall Applicant Patrick Riley Conditional Zoning Request Commercial Flex space The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet includes conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board Page 2 of 85PageCASE 24 - 32 REZONING PETITION Petition to remove 119 acres located at 5990 NC Hwy 42 West in the Cleveland Township from Environmentally Sensitive Area ESA Tax ID 06G05038A & 06D01008E Owner George E & Gayle F Mast Applicant George E & Gayle F Mast The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet Planning Board Minutes Application Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 24 - 33 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 337 acres located at 10369 NC Hwy 96 N in the O’Neals Township from Community Business CB to General Business - Conditional Zoning GB - CZ Tax ID 11M05036G Owner Cattail Family , LLC Applicant Cattail Family , LLC Conditional Zoning Request Event Center , Deli Bakery Restaurant The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet includes conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board CASE 24 - 34 REZONING PETITION CONDITIONAL ZONING REQUEST Petition to rezone 322 acres located at 7994 Harper House Road in the Meadow Township from General Business Special Use District GB - SUD and Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 09J17037 Owner ELA , LLC Timothy Eldridge Applicant Timothy Eldridge Conditional Zoning Request Contractor’s office , storage , office space equipment repair and farming agricultural uses The Planning Board recommends APPROVAL of the Rezoning request and submits to the Board of Commissioners a proposed Statement of Consistency for adoption along with proposed Conditional Zoning District conditions Fact Sheet includes conditions Planning Board Minutes Application Site Plan Zoning Map Aerial Map Photos Proposed Statement of Consistency for Approval from Planning Board Page 3 of 85Page4 Manager Reports and Comments 5 Board Reports and Comments Page 4 of 85PagePage pageNumber5STAFF REPORT SPECIAL USE CASE 16 - 04 MOD Petition to modify an existing SUP located at 4407 Bizzell Grove Church Special Use Request Rd in the Boon Hill Township that is zoned Agricultural Residential - Special Use District AR - SUD 12O09049F Tax ID Carolina Power and Light Owner Tower Engineering Professionals Duke Energy Applicant To add a communications tower as an allowed use to the existing SUP Special Use Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? Boon Hill Fire District and Princeton Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned AR - SUD and used for an electrical substation facility Existing Land Use ? Zoned AR and used for agricultural and residential purposes Zoned I - 2 SUD Surrounding Land Uses and is used as a solar farm … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for Bizzell Grove Church Rd is 950 vpd 2022 ? Bizzell Grove Church Rd does not appear on the CTP as needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Rural Living Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Additional Information ? The county’s technical consultant has reviewed this request ? If approved , the construction of the tower will have to adhere to all federal , state , and local regulations pertaining to construction and maintenance of telecommunications facilities towers STAFF RECOMMENDATION Approval , based on the following consistency statement , finding of facts , and special use conditions Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that the tower height is allowed in this land use area The request is reasonable and in the public interest in that , the use can be limited in scope using special conditions and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public Page 5 of 85PagePage pageNumber6Finding of Facts for the Special Use Permit 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 request is part of Duke Energy’s important electric reliability enhancement project that includes installation of the proposed wireless communication tower within its existing electrical substation on the property This network and infrastructure upgrade is located , designed , and proposed to be operated so as to promote the public health safety , and general welfare The proposed tower is an important part of Duke’s day - to - day operations and is required to support Duke’s SmartGrid , the new generation of energy grid supported by digital technology This upgrade will provide additional security for Duke assets , as the tower will securely transmit data to and from substations and support the smart technology improvements made to increase reliability and quality of service to customers This project will enhance Duke’s ability to supply power efficiently and safely throughout the region and improve outage recovery times during storms with new smart technology , as the tower will enable the use of Duke’s Land Mobile Radio system - a tool that Duke’s first responders use to help make repairs to its critical infrastructure when restoring service to customers To accomplish these goals , the tower must be tall enough to communicate in a direct line of site to other existing Duke tower structures that connect across the state To securely collect data and control Duke equipment , Duke does not co - locate its equipment on non - Duke communications towers and , except in rare circumstances , Duke does not allow co - location on Duke communication towers Overall , the proposed tower helps support a smarter grid and will not materially endanger the public health or safety , as it provides an essential communication function following major storms , offering a reliable platform to communicate important messages and information during the power restoration process This request supports Duke’s commitment to providing customers with safe , reliable , affordable , and increasingly clean energy in Johnston County and throughout Duke’s service area 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 proposed tower will be used to aid in the function of the existing electrical substation on the property , and Duke views the tower as an accessory use to its existing substation As the pole will be using an unlicensed microwave band , it is exempt from FCC regulations Duke shall maintain the proposed tower in a safe manner , and in compliance with all conditions of the special use permit , without exception , unless specifically granted relief by the board in writing , as well as all applicable and permissible local codes , ordinances , and regulations , including any and all applicable County , State , and Federal laws , rules , and regulations Additionally , the construction of the wireless telecommunications facilities is legally permissible , including , but not limited to the fact that Duke is authorized to do business in the state 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 tower will be located within Duke’s substation and the monopole design was chosen as the least intrusive and most aesthetic option The tower will not be painted and will be constructed of galvanized steel which conforms aesthetically with the other equipment and distribution towers in the substation Additional component , material and substantial evidence will be presented at the quasi - judicial hearing that the proposed tower is located , designed , and proposed to be operated so as to maintain or enhance the Page 6 of 85PagePage pageNumber7value of contiguous property As outlined in response # 1 , this project is important to ensure its systems operate efficiently to meet customer needs and is a public necessity 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed tower development conforms with general plans for the physical development of the County’s planning jurisdiction , as it will be installed within Duke’s existing chain - linked fenced substation and is designed to conform aesthetically with the other equipment within the substation All forms of land use residential , commercial , civic , recreational , industrial , etc rely on electrical power and a stable power grid to support their daily needs The proposed tower helps ensure reliable energy and will enhance public safety , economic development , and quality of life As such , the development of the proposed tower is in direct alignment with the overarching goals of the Johnston County Comprehensive Land Use Plan , and specifically supports the goals ensuring that “ utility service provision is cost - effective and equitable ” and “ improve [ ing ] emergency response and increase [ ing ] resiliency ” Public Utility existing electrical substation & Communication pole Specific Land Uses APPLICANT Special Use Conditions 1 Permitted Uses Add communications tower as an allowed use to the existing SUP 2 All other conditions of the existing SUP will remain the same Page 7 of 85PagePage pageNumber8Planning Board Minutes Case 16 - 04 MOD November 19 , 2024 Special Use Request Petition to modify an existing SUP that is zoned Agricultural Residential - Special Use District AR - SUD Tax ID 12O09049F Owner Carolina Power and Light Applicant Tower Engineering Professionals Duke Energy Location 4407 Bizzell Grove Church Rd in the Boon Hill Township Special Use Request To add communications tower as an allowed use to the existing SUP Mr Marr introduced the case and referenced the information listed above Mr Marr stated that it was a request for a modification to an existing electrical substation that was approved in 2016 Mr Marr stated the existing land use and surrounding land uses Mr Marr stated that the county’s technical consultant had reviewed the request Mr Marr stated that the area is located within a designated “ Rural Living Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan Ms Amy Crout , 150 Fayetteville St , Raleigh , NC , Attorney with Smith Anderson representing Duke Energy , stated the particulars of the request and was present to answer any questions from the Board Ms Crout stated that Aaron Cook from Duke Energy was also present Ms Crout stated that all of the original special use conditions will remain in place Ms Crout stated that the request is for a cambium pole that is a 120 ft tower with a wireless device on top that will be used solely for Duke’s internal purposes Ms Crout stated that there will be no collocations on the tower Ms Crout stated that the tower securely transfers data from one substation to another Ms Crout stated that the substation site is usually visited once a month for routine maintenance and that would not change with the installation of the pole Ms Crout stated that the pole would be located within the existing substation fencing Ms Crout provided a presentation to the Board There was no further discussion Staff Recommendation Approval Rezoning Case 16 - 04 MOD aka 24 - 29 will be heard by the Board of County Commissioners at their January 2025 meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that the tower height is allowed in this land use area The request is reasonable and in the public interest in that , the use can be limited in scope using special conditions and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public Page 8 of 85PagePage pageNumber9Finding of Facts for the Special Use Permit 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 request is part of Duke Energy’s important electric reliability enhancement project that includes installation of the proposed wireless communication tower within its existing electrical substation on the property This network and infrastructure upgrade is located , designed , and proposed to be operated so as to promote the public health safety , and general welfare The proposed tower is an important part of Duke’s day - to - day operations and is required to support Duke’s SmartGrid , the new generation of energy grid supported by digital technology This upgrade will provide additional security for Duke assets , as the tower will securely transmit data to and from substations and support the smart technology improvements made to increase reliability and quality of service to customers This project will enhance Duke’s ability to supply power efficiently and safely throughout the region and improve outage recovery times during storms with new smart technology , as the tower will enable the use of Duke’s Land Mobile Radio system - a tool that Duke’s first responders use to help make repairs to its critical infrastructure when restoring service to customers To accomplish these goals , the tower must be tall enough to communicate in a direct line of site to other existing Duke tower structures that connect across the state To securely collect data and control Duke equipment , Duke does not co - locate it’s equipment on non - Duke communications towers and , except in rare circumstances , Duke does not allow co - location on Duke communication towers Overall , the proposed tower helps support a smarter grid and will not materially endanger the public health or safety , as it provides an essential communication function following major storms , offering a reliable platform to communicate important messages and information during the power restoration process This request supports Duke’s commitment to providing customers with safe , reliable , affordable , and increasingly clean energy in Johnston County and throughout Duke’s service area 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 proposed tower will be used to aid in the function of the existing electrical substation on the property , and Duke views tower as an accessory use to its existing substation As the pole will be using an unlicensed microwave band , it is exempt from FCC regulations Duke shall maintain the proposed tower in a safe manner , and in compliance with all conditions of the special use permit , without exception , unless specifically granted relief Page 9 of 85Page0by the board in writing , as well as all applicable and permissible local codes , ordinances , and regulations , including any and all applicable County , State , and Federal laws , rules , and regulations Additionally , the construction of the wireless telecommunications facilities is legally permissible , including , but not limited to the fact that Duke is authorized to do business in the state 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 tower will be located within Duke’s substation and the monopole design was chosen as the least intrusive and most aesthetic option The tower will not be painted and will constructed of galvanized steel which conforms aesthetically with the other equipment and distribution towers in the substation Additional component , material and substantial evidence will be presented at the quasi - judicial hearing that the proposed tower is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property As outlined in response # 1 , this project is important to ensure its systems operate efficiently to meet customer needs and is a public necessity 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed tower development conforms with general plans for the physical development of the County’s planning jurisdiction , as it will be installed within Duke’s existing chain - linked fenced substation and is designed to conform aesthetically with the other equipment within the substation All forms of land use residential , commercial , civic , recreational , industrial , etc rely on electrical power and a stable power grid to support their daily needs The proposed tower helps ensure reliable energy and will enhance public safety , economic development , and quality of life As such , the development of the proposed tower is in direct alignment with the overarching goals of the Johnston County Comprehensive Land Use Plan , and specifically supports the goals ensuring that “ utility service provision is cost - effective and equitable ” and “ improve [ ing ] emergency response and increase [ ing ] resiliency ” Specific Land Uses APPLICANT Public Utility existing electrical substation & Communication pole Special Use Conditions 1 Permitted Uses Add communications tower as an allowed use to the existing SUP 2 All other conditions of the existing SUP will remain the same Page 10 of 85Page1Page 11 of 85Page2Page 12 of 85Page3Page 13 of 85Page4Page 14 of 85Page5Page 15 of 85Page6Page 16 of 85Page7Page 17 of 85Page8 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 9018 - 1 in 75151 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 November 6 , 2024 Powered by TCPDF wwwtcpdforg Page 18 of 85Page916 - 06 MOD Ortho 01 24 2023 - 02 24 2023 Page 19 of 85Page024 - 29 Page 20 of 85Page1STAFF REPORT CONDITIONAL ZONING CASE 24 - 27 Petition to rezone a 4328 acre tract located in the 11700 Block of Cleveland Rd Rezoning Petition in the Cleveland Township from Agricultural Residential AR to General Business - Conditional Zoning GB - CZ 06E02076 , 06E02015A , 06G05014 , & 06E02015 Tax ID Dorothy Hall , Joan & Glenwood Parrish & James Hall Owner Patrick Riley Applicant Commercial Flex space Conditional Zoning Request … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Existing and Surrounding Land Uses Zoning ? Zoned Agricultural Residential AR and used for those purposes Existing Land Use ? Zoned AR and used for residential and agricultural purposes and also an Surrounding Land Uses elementary school Zoned GB - CZ and is a storage facility The parcels are close to the IHI overlay district … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Traffic Concerns ? Traffic count for this portion of Cleveland Rd is 11,500 vpd 2022 This portion of Cleveland Rd appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Regional Mixed Use ” Future Land Use Placetype in the Envision Johnston 2040 County Comprehensive Land Use Plan These centers are intended to be centers of activity that include a mix of retail , restaurants , service , civic and institutional uses Residential units may be at the periphery of development but are not the primary use … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Staff Comments and Recommendation ? Number of notices sent 10 ? A TIA was completed and recommendations have been added to the conditions STAFF RECOMMENDATION APPROVAL based on the following consistency statement Planning Board ? One person spoke with concerns Planning Board Recommendation The Planning Board of the rezoning for Case 24 - 27 and submits the RECOMMENDS APPROVAL following consistency statement Page 21 of 85Page2… … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that it is located within a designated “ Regional Mixed Use ” Future Land Use Placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan These centers are intended to be centers of activity that include a mix of retail , restaurants , service , civic and institutional uses Residential units may be at the periphery of development but are not the primary use … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … 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 site will be served by county water and sewer services An expansion of the area sewer service will be extended to site following county specifications and approvals The site is located at an existing signalized intersection that will provide safe and efficient egress to Cleveland Rd The intersection is less than 1,000 feet from the new I - 40 & Cleveland Rd interchange scheduled to open in 2024 The new interstate interchange will allow regional users access to the site without over burdening community roadways Any new public interior streets will be constructed to meet NCDOT requirements and coordinate with the STIP U - 6208 future connector 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 General Business - CZD classification will allow the site to host a mix of retail , office , light industrial and service businesses The requested conditional zoning balances a mix of land - use and density suited for an interstate interchange while still prohibiting uses that would be inappropriate or incompatible for the nearby elementary school 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 will act as a transitional area between the interstate and the neighborhoods along Cleveland Rd Minimal single - family residential exists directly adjacent to the property A 5 + acres easement containing high - tension electricals dissects the site The type of easement is better suited to be integrated within commercial uses 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 Comprehensive Land Use Plan designates a Future Land Use of “ Regional Mixed - Use Center ” for each parcel These designated areas are intended to be a mix of retail , restaurant , service , office , civic , and institutional uses Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The purpose of the district is to provide locations for a variety of locally owned Page 22 of 85Page3and or operated businesses in Johnston County The district will complement the areas residential growth by providing sources of employment along with providing products and services not previously convenient to the area Proposed uses are those allowed under General Business with the conditions listed on Exhibit A 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 1 Development of this property shall be in substantial conformance with the accompanying Exhibit B - Concept Subdivision Plan Locations shown for committed elements including lot lines , lot sizes , and proposed uses are conceptual in nature and provide for illustration and context only Final locations of buildings , lot lines , lot sizes , stormwater devices , utilities , NCDOT STIP Road Project Alignment , and use types shall be determined at subsequential stages of approval 2 All uses allowed in the General Business District on the Johnston County Table of Uses chart will be allowed with the exception of the following , which will be prohibited 12 Bar Club , 94 Pawn Shop , 115 Sexually - Oriented Adult Business Conditions Development of this property shall be in substantial conformance with the accompanying 1 Exhibit B - Concept Subdivision Plan Locations shown for committed elements including lot lines , lot sizes , and proposed uses are conceptual in nature and provide for illustration and context only Final locations of buildings , lot lines , lot sizes , stormwater devices , utilities , NCDOT STIP Road Project Alignment , and use types shall be determined at subsequential stages of approval Proposed by Applicant All uses allowed in the General Business District on the Johnston County Table of Uses 2 chart will be allowed with the exception of the following , which will be prohibited 12 Bar Club , 94 Pawn Shop , 115 Sexually - Oriented Adult Business Proposed by Applicant 3 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 All buffers must be placed outside of any fencing existing vegetation may be used 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 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 TIA requirements & recommendations INTERSECTIONS SITE ACCESSES AND ASSOCIATED IMPROVEMENTS Cleveland Road at West View Elementary School Driveway Marvin Farm Road Future Cleveland Connector – Phase 1 Page 23 of 85Page4Future Cleveland Connector • WB Cleveland Connector – 300 ’ Left - Turn Lane , one shared Thru Right ? Lane , and one Right - Turn Lane West View Elementary School Driveway • EB School Driveway – Restripe to provide 175 ’ Thru Right - Turn Lane and Left Turn Lane ? With school driveway modifications being proposed , MSTA has been ? consulted on this change and additional comments may follow Cleveland Road • NB Cleveland Road - 150 ’ Right - Turn Lane with appropriate deceleration ? and taper length Modify the existing traffic signal to accommodate the additional lineage • Cleveland Connector and Site Drive 1 Marvin Farm Road – Site Drive 1 Marvin Farm Road Phase 1 • Construct SB approach realigned Marvin Farm Road with Right - in Right - out only access ? with one ingress and one egress lane 100 ’ Internal Protected Stem ? Cleveland Connector • Construct additional WB Thru - Lane from Site Drive 2 thru Site Drive 1 ? WB Cleveland Connector - 75 ’ Right - Turn Lane with appropriate deceleration and taper ? length Cleveland Connector and Site Drive 2 – Phase 1 Site Drive 2 • Two - lane cross - section ; one ingress , one egress ? Egress Left Thru Right - Turn Lane ? 100 ’ Internal Protected Stem ? Cleveland Connector • EB Cleveland Connector – 75 ’ U - turn Left - Turn Lane with appropriate deceleration and ? taper length EB Cleveland Connector – 175 ’ Right - Turn Lane with appropriate deceleration and taper ? length WB Cleveland Connector – 150 ’ Left - Turn Lane with appropriate deceleration and taper ? length Cleveland Connector and Site Drive 3 & Site Drive 4 – Phase 2 Construct single - lane roundabout with three legs connecting Site Drive 3 & Site Drive 4 • 100 ’ Internal Protected Stem • Please note parcels with frontage along Cleveland Road must be accessed internally It appears storage lengths along Cleveland Connector are ok for now to accommodate the future TIP Project U - 6216 , and the TIA provided Additional development may require additional improvements in the future Page 24 of 85Page5Planning Board Minutes Case 24 - 27 November 19 , 2024 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E02076 , 06E02015A , 06G05014 , & 06E02015 Owner Dorothy Hall , Joan & Glenwood Parrish & James Hall Applicant Patrick Riley Location 4328 acre tract located in the 11700 Block of Cleveland Rd in the Cleveland Township Conditional Zoning Request Commercial Flex space Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned Agricultural Residential AR and used for those purposes Mr Marr spoke about the surrounding land uses Mr Marr stated that the area is located within a designated “ Regional Mixed Use ” Future Land Use Placetype in the Envision Johnston 2040 County Comprehensive Land Use Plan These centers are intended to be centers of activity that include a mix of retail , restaurants , service , civic and institutional uses Residential units may be at the periphery of development but are not the primary use Mr Marr stated that a Traffic Impact Analysis was completed and the recommendations are shown as item # 9 in the conditions Mr Lovering asked about a schedule for NCDOT project 6208 Mr Little responded that it was included in the TIA and coordinated with the developer and that the TIA includes the school Mr Little stated that 6208 leaves that area and ties back into NC 42 Mr Lovering asked about Marvin Farm Rd Mr Little responded that it was access to an existing property Mr Little stated that there is another NCDOT project for the widening of Cleveland Rd to Barber Mill Rd Mr Patrick Riley , 49 River Ridge Way , Willow Spring , NC , stated the particulars of the request and was present to answer any questions from the Board Mr Riley stated that they were in the process of purchasing the subject property from the current owners with the intent for future commercial use Mr Riley spoke about a Progress Energy easement through the site Mr Riley stated that the conditions requested are out of respect for the nearby elementary school Mr Riley stated that two engineers were also present Ms Jenny Brown , 109 Canyon Rd , Clayton , NC , adjacent property owner , expressed concerns for an access easement for their farmland Ms Brown stated that current access is through a cart path Ms Brown also expressed concern for possible impact on property value , usability , and future operations Ms Brown requested that the rezoning be reconsidered or at minimum that a legally enforceable easement be made a condition of any approval Page 25 of 85Page6Ms Holmes asked about the location of the current access Ms Brown responded that the access was in front of Ebenezer Church Ms Brown stated that it was a cart path and they maintain it Vice - Chair Davis asked about current access to the Brown property Ms Brown confirmed that they currently use the cart path for access Ms Brown stated that it used to be all family owned and an agreement between two families Mr Riley stated that there is a stub - out off of Clinton Dr and a public right - of - way to the Brown property Ms Brown stated that there was no access off of Clinton Dr Mr Riley stated that he is not opposed to an access because there is a church back there and he would need to look at where the stakes were placed to see whose property the path is on Mr Riley stated that he thought the path was on two properties Mr Riley stated that it did appear that there was at least one other access point that could be used for future development connecting to a residential neighborhood There was discussion among the Board about the stubout Mr Little asked about the width of the path Ms Brown responded that it was a cart path and only a single lane Mr Lovering asked Ms Brown if she had any surveys of her property that showed access points onto the property Ms Brown responded no and that it was an agreement between family members that had been passed down Vice - Chair Davis asked Ms Brown if they were able to get a driveway permit Ms Brown responded no and that it was already there when they got it Mr Lovering asked if the same family owned the adjacent farm Ms Brown responded yes Ms Holmes asked Ms Slusser if the Board could approve something that would landlock a parcel Page 26 of 85Page7Ms Slusser responded that it is a private property issue between private property owners with regards to easements by prescription , cart paths Ms Slusser stated that it is typically taken care of through legal proceedings when parties cannot agree Ms Brown stated that some of their land had caught on fire and a fire truck came down the cart path Mr Riley stated that they are not presenting a final site plan at this time of the rezoning request and that Ms Brown’s property is being used for a boat and trailer storage business Mr Little expressed concerns for access to the property , especially for emergency situations , and encouraged the two properties to work on an easement agreement Mr Lovering spoke about the easement access not affecting the rezoning request Mr Little spoke about the easement access needing to be addressed at some point Mr Sasser spoke about it being a part of the site plan process Mr Riley spoke about their conceptual plan showing a roadway that goes all the way to the back corner and stated that they had included a future access There was no further discussion Vice - Chair Davis asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency Staff Recommendation Approval Upon a motion by Mr Little to approve Rezoning Case 24 - 27 , seconded by Ms Holmes , Rezoning Case 24 - 27 was recommended for approval by a unanimous vote of 5 - 0 at the November 19 , 2024 Planning Board Meeting Rezoning Case 24 - 27 will be heard by the Board of County Commissioners at their January 2025 meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that it is located within a designated “ Regional Mixed Use ” Future Land Use Placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan These centers are intended to be centers of activity that include a mix of retail , restaurants , service , civic and institutional uses Residential units may be at the periphery of development but are not the primary use Conditional Zoning Applicant Questions Page 27 of 85Page81 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 site will be served by county water and sewer services An expansion of the area sewer service will be extended to site following county specifications and approvals The site is located at an existing signalized intersection that will provide safe and efficient egress to Cleveland Rd The intersection is less than 1,000 feet from the new I - 40 & Cleveland Rd interchange scheduled to open in 2024 The new interstate interchange will allow regional users access to the site without over burdening community roadways Any new public interior streets will be constructed to meet NCDOT requirements and coordinate with the STIP U - 6208 future connector 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 General Business - CZD classification will allow the site to host a mix of retail , office , light industrial and service businesses The requested conditional zoning balances a mix of land - use and density suited for an interstate interchange while still prohibiting uses that would be inappropriate or incompatible for the nearby elementary school 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 will act as a transitional area between the interstate and the neighborhoods along Cleveland Rd Minimal single - family residential exists directly adjacent to the property A 5 + acres easement containing high - tension electricals dissects the site The type of easement is better suited to be integrated within commercial uses 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 Comprehensive Land Use Plan designates a Future Land Use of “ Regional Mixed - Use Center ” for each parcel These designated areas are intended to be a mix of retail , restaurant , service , office , civic , and institutional uses Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The purpose of the district is to provide locations for a variety of locally owned and or operated businesses in Johnston County The district will complement the areas residential growth by providing sources of employment along with providing products and services not previously convenient to the area Proposed uses are those allowed under General Business with the conditions listed on Exhibit A 2 Conditions to apply to the conditional zoning district Page 28 of 85Page9Within 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 1 Development of this property shall be in substantial conformance with the accompanying Exhibit B - Concept Subdivision Plan Locations shown for committed elements including lot lines , lot sizes , and proposed uses are conceptual in nature and provide for illustration and context only Final locations of buildings , lot lines , lot sizes , stormwater devices , utilities , NCDOT STIP Road Project Alignment , and use types shall be determined at subsequential stages of approval 2 All uses allowed in the General Business District on the Johnston County Table of Uses chart will be allowed with the exception of the following , which will be prohibited 12 Bar Club , 94 Pawn Shop , 115 Sexually - Oriented Adult Business Conditions 1 Development of this property shall be in substantial conformance with the accompanying Exhibit B - Concept Subdivision Plan Locations shown for committed elements including lot lines , lot sizes , and proposed uses are conceptual in nature and provide for illustration and context only Final locations of buildings , lot lines , lot sizes , stormwater devices , utilities , NCDOT STIP Road Project Alignment , and use types shall be determined at subsequential stages of approval Proposed by Applicant 2 All uses allowed in the General Business District on the Johnston County Table of Uses chart will be allowed with the exception of the following , which will be prohibited 12 Bar Club , 94 Pawn Shop , 115 Sexually - Oriented Adult Business Proposed by Applicant 3 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 All buffers must be placed outside of any fencing existing vegetation may be used 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 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 TIA requirements & recommendations INTERSECTIONS SITE ACCESSES AND ASSOCIATED IMPROVEMENTS Page 29 of 85Page0Cleveland Road at West View Elementary School Driveway Marvin Farm Road Future Cleveland Connector – Phase 1 • Future Cleveland Connector ? WB Cleveland Connector – 300 ’ Left - Turn Lane , one shared Thru Right Lane , and one Right - Turn Lane • West View Elementary School Driveway ? EB School Driveway – Restripe to provide 175 ’ Thru Right - Turn Lane and Left Turn Lane ? With school driveway modifications being proposed , MSTA has been consulted on this change and additional comments may follow • Cleveland Road ? NB Cleveland Road - 150 ’ Right - Turn Lane with appropriate deceleration and taper length • Modify the existing traffic signal to accommodate the additional laneage Cleveland Connector and Site Drive 1 Marvin Farm Road – Phase 1 • Site Drive 1 Marvin Farm Road ? Construct SB approach realigned Marvin Farm Road with Right - in Right - out only access with one ingress and one egress lane ? 100 ’ Internal Protected Stem • Cleveland Connector ? Construct additional WB Thru - Lane from Site Drive 2 thru Site Drive 1 ? WB Cleveland Connector - 75 ’ Right - Turn Lane with appropriate deceleration and taper length Cleveland Connector and Site Drive 2 – Phase 1 • Site Drive 2 ? Two - lane cross - section ; one ingress , one egress ? Egress Left Thru Right - Turn Lane ? 100 ’ Internal Protected Stem • Cleveland Connector ? EB Cleveland Connector – 75 ’ U - turn Left - Turn Lane with appropriate deceleration and taper length ? EB Cleveland Connector – 175 ’ Right - Turn Lane with appropriate deceleration and taper length ? WB Cleveland Connector – 150 ’ Left - Turn Lane with appropriate deceleration and taper length Cleveland Connector and Site Drive 3 & Site Drive 4 – Phase 2 Page 30 of 85Page1• Construct single - lane roundabout with three legs connecting Site Drive 3 & Site Drive 4 • 100 ’ Internal Protected Stem Please note parcels with frontage along Cleveland Road must be accessed internally It appears storage lengths along Cleveland Connector are ok for now to accommodate the future TIP Project U - 6216 , and the TIA provided Additional development may require additional improvements in the future Page 31 of 85Page2Page 32 of 85Page3Page 33 of 85Page4Page 34 of 85Page5Page 35 of 85Page6Page 36 of 85Page7Page 37 of 85Page8Page 38 of 85Page9Page 39 of 85Page0 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 10345 - 1 in 86205 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 November 14 , 2024 Powered by TCPDF wwwtcpdforg Page 40 of 85Page1 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 8211 - 1 in 68421 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 November 15 , 2024 Powered by TCPDF wwwtcpdforg Page 41 of 85Page224 - 27 Page 42 of 85Page3RESOLUTION FOR CASE NUMBER 24 - 27 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for Parcels identified as Tax ID 06E02076 , 06E02015A , 06G05014 , and 06E02015 located in the 11700 block of Cleveland Road in Cleveland 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 property is located within a designated “ Regional Mixed Use ” future land use placetype 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The proposed development can be supported by existing and future infrastructure and will provide services that are in high demand for the growing community 3 This Board approves the proposed zoning amendment from Agricultural Residential to General Business - Conditional Zoning Adopted this the 3rd day of February , 2025 ATTEST BOARD OF COMMISSIONERS FOR THE COUNTY OF JOHNSTON _____________________________ By ____________________________ Dana G Cuddington , Clerk to the Board RS “ Butch ” Lawter , Jr , Chairman Page 43 of 85Page4STAFF REPORT REZONING CASE 24 - 32 Petition to remove 119 acres located at 5990 NC Hwy 42 West in the Cleveland Rezoning Petition Township from the Environmentally Sensitive Area ESA 06G05038A & 06D01008E Tax ID George E & Gayle F Mast Owner George E & Gayle F Mast Applicant … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Utilities & Services ? McLemore Fire District and CNS Rescue Squad … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … … Land Use Plan ? This area is located within a designated “ Regional Mixed - Use Center Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan These areas are intended to be centers of activity that include a mix of retail , restaurant , service , office , and civic and institutional uses Sec 14 - 103 - Environmentally sensitive area district ES a Purpose and intent The environmentally sensitive area district ES is established as a district that overlays areas deemed environmentally sensitive Development within this overlay district shall comply with the regulations of the underlying zoning district , provisions of this section and any other applicable sections of this article b Definitions 1 Intermittent stream A natural drainage way , which shows up as a blue line on the USGA 75 minute quadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittent stream for purposes of this ordinance 2 Perennial stream Perennial streams are streams that have essentially continuous flows Perennial streams in the environmentally sensitive area are specifically designated to be Swift Creek , White Oak Creek , Little Creek from the US 70 Clayton bypass to Swift Creek , and the Little River from the county line to NC 39 c Delineation of 1 Perennial stream buffers Perennial stream buffers shall be measured from the top of the channel bank and extend landward a minimum distance of 100 feet measured horizontally on a line perpendicular to the water body , subject to the following conditions a The buffer shall be undisturbed and remain forested if currently forested b If the existing buffer is not forested , it shall be maintained in a natural state and allowed to revegetate c There shall be no fill allowed within the buffer area 2 Intermittent stream buffers Intermittent stream buffers shall have two zones as described below a Zone 1 shall be an undisturbed area extending from the channel bank landward a minimum of 30 feet measured horizontally on a line perpendicular to the water body b Zone 2 shall be a vegetative buffer extending from the outer edge of zone 1 landward a minimum of 20 feet measured horizontally on a line perpendicular to zone 1 3 Maintenance of buffers Zone 1 and zone 2 shall be maintained by the landowner or homeowners association to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion and infiltration of stormwater runoff and filtering of pollutants into the affected stream , consistent with maintenance criteria as set out in the county design manual 4 Exemptions The following are exempt from the stream buffer requirements of this section a Areas that are mapped on the USGS quadrangle map that do not exist on the ground b Ponds and lakes created for animal watering , irrigation of farm lands , or other agricultural uses that are not part of a natural drainageway c Where application of the requirements of this section would prevent all prospective use of a lot platted and recorded prior to May 26 , 1998 d Water dependent structures that are designed , constructed , and maintained to provide the maximum nutrient removal , have the least adverse affects on aquatic habitats and that protect water quality Page 44 of 85Page5e Roads , bridges , stormwater management facilities , ponds , and utilities where no other practical alternative exists These structures shall be so located , designed , constructed , and maintained to have minimal disturbance , provide maximum nutrient removal , provide the least adverse effects on aquatic habitats and protect water quality to the maximum extent possible f Ditches and manmade conveyances other than modified natural streams 5 Flood hazard areas There shall be no development allowed within the areas of special flood hazard as defined in the county flood damage prevention ordinance , which shall be defined as residential and nonresidential structures , including improvements or additions to such structures However , specifically allowed improvements include public utility structures , buried utilities , roadways and accessways , and recreational facilities as long as no structures are involved d Density regulations 1 Residential development is permitted at an overall density of one dwelling unit per acre 40,000 square feet minimum lot size of gross land area STAFF RECOMMENDATION N A … See response from Johnston County Public Utilities Page 45 of 85Page6Planning Board Minutes Case 24 - 32 December 17 , 2024 Rezoning Petition To be removed from the Environmentally Sensitive Area ESA Tax ID 06G05038A & 06D01008E Owner George E & Gayle F Mast Applicant George E & Gayle F Mast Location 119 acres located at 5990 NC Hwy 42 West in the Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the area is located within a designated “ Regional Mixed - Use Center Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan These areas are intended to be centers of activity that include a mix of retail , restaurant , service , office , and civic and institutional uses Mr Marr also referenced Section 14 - 103 of the Johnston County Code of Ordinances with regards to the Environmentally sensitive area district ES Mr Marr also stated that a letter from Ms Chandra Farmer , Director of Public Utilities , was also included in the agenda packet Chairman Letchworth asked to confirm interpretation of Ms Farmer’s letter concurring with the analysis Mr Marr confirmed Mr Crenshaw asked about a similar request heard at a previous meeting Mr Newton spoke about the boundaries of the Environmentally Sensitive Area Mr Crenshaw spoke about protection of Swift Creek Mr Marr confirmed and stated that the subject property was located within the Middle Creek drainage basin Mr Jerry Eatman , 4130 Parklake Ave Suite 100 , Raleigh , NC , Lynch & Eatman , stated the particulars of the request and was present to answer any questions from the Board Mr Eatman confirmed Mr Crenshaw’s statement and stated that they were present before the Board last year with respect to the adjacent property Mr Eatman stated that Mr Chris Bostic , Kimley Horn and Associates , was also present There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval based on the response from Ms Farmer , Director of Public Utilities Staff Recommendation Approval Page 46 of 85Page7Upon a motion by Ms Howard to approve Rezoning Case 24 - 32 , seconded by Mr Crenshaw , Rezoning Case 24 - 32 was recommended for approval by a unanimous vote of 5 - 0 at the December 17 , 2024 Planning Board Meeting Rezoning Case 24 - 32 will be heard by the Board of County Commissioners at their February 3 , 2025 meeting Page 47 of 85Page8Page 48 of 85Page9Page 49 of 85PagePage pageNumber50Page 50 of 85PagePage pageNumber51Page 51 of 85PagePage pageNumber52Page 52 of 85PagePage pageNumber53 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 4556 - 1 in 37968 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling December 5 , 2024 Powered by TCPDF wwwtcpdforg Page 53 of 85PagePage pageNumber54 DISCLAIMER Johnston County assumes no legal responsibility for the information represented here Scale 1 2904 - 1 in 24198 feet Johnston County GIS The scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scaling December 9 , 2024 Powered by TCPDF wwwtcpdforg Page 54 of 85PagePage pageNumber5524 - 32 Page 55 of 85PagePage pageNumber56RESOLUTION FOR CASE NUMBER 24 - 32 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 160D - 605 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the Johnston County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a parcels identified as tax Tag ID 06G05038A & 06D01008E located at 5990 NC Hwy 42 in Cleveland Township , by removing the subject property from the Environmentally Sensitive Area Overlay District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment aligns with “ Goal 10 Protect Natural and Cultural Sites ; Objective 10B Protect Ecologically Sensitive Areas ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The Environmentally Sensitive Area Overlay District is intended to be consistent with the drainage basins of the perennial streams identified in the Johnston County Land Development Code , Section 14 - 103 b 2 ; and b The site is located within the Primary Growth Area The request is reasonable and in the public interest in that the map amendment corrects an inaccuracy 3 This Board approves the proposed zoning amendment , removing the subject parcels from the Environmentally Sensitive Area Overlay District rd Adopt