Johnston County Planning Board November 19, 2024-6:00 PM Johnston County Courthouse County Commissioners Room Smithfield, North Carolina 1. - PLEDGE OF ALLEGIANCE 2. APPROVALOF THE MINUTES: From the October 15th, 2024 Planning Board Meeting 3. DISCUSS JANUARY 2025 CHANGE OF DATE FOR PLANNING BOARD MEETING. 6:00pm (Subdivision Review) 4. SUBDIVISIONS (Speakers tol be Sworn In) Hammer Tract (22.34 acres, 201 lots) NCI HWY 242 SJ just south of Ashley Rd. (SR Wheeler Tract (43.21 acres, 28 lots) 252 Langdon Rd. (SR 1327) in Elevation LOLAS Subdivision (67.66 acres, 48 lots) 3307 Little Creek Church Rd. (SR 1563) 1103)in Banner Township. Township. inc Clayton Township. 6:00pm or after (Public Hearings) 5. SPECIAL USES (PUBLIC: FORUM ONLY-NO VOTE) CASE 16-041 MOD aka 24-29 Rezoning Petition: Petition to modify an existing SUP located at 4407 Bizzell Grove Church Rd. in the Boon Hill Township that is zoned Agricultural Residential-Special Use District (AR-SUD). Tax ID: 12009049F Owner: Carolina Power and Light Applicant: Tower Engineering Professionals/Duke Energy Special Use Request: Toadd communications tower as an allowed use to the existing SUP. REZONING AND CONDITIONALZONINGCASES CASE24-27 Rezoning Petition: Petition to rezone a 43.28 acre tract located int the 11700 Block of Cleveland Rd. in the 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 CASE 24-31 Rezoning Petition: Petition to rezone a .515 acre tract located at 2893 Cornwallis Rd. in the Cleveland Township from Agricultural Residential (AR)to General Business-Conditional Zoning (GB-CZ). Tax ID: 06E02008A Owner: Danny &. Jeanne Lee Applicant: Danny & Jeanne Lee Conditional Zoning Request: Insurance office CASETXT24-02 Text Amendment Request: Sect. 14-89: Amend table to allow Multi-Family uses in the GB district not greater than 15 units per acre. AND allow Townhome uses in the GB district not greater than 6 units per acre, such uses being allowed only as a Conditional Zoning (CZ) District and when consistent with the County's adopted Land Use Plan and/or considered appropriate by the County Commissioners. CASE24-28 Rezoning Petition: Petition to rezone 19 acres ofa3 30.8 acre tract located in the 16000 Block of NCI HWY 50 in the Cleveland Township from General Business (GB) to General Business-Conditional Zoning (GB-CZ). Tax ID: 06D01026R, 06D01026C Owner: Catfish Real Estate, LLC Applicant: Catfish Real Estate, LLC Conditional Zoning Request: Multi-Family Apartments 7. DISCUSSION ITEMS 8. INFORMATIONI ITEMS 9. NEXTMEETING: December 17,2024 10. ADJOURNMENT DRAFT MEETING OF THE. JOHNSTON COUNTY PLANNING BOARD Tuesday, October 15, 2024 6:00 p.m. The Johnston County Planning Board met in regular session on Tuesday, October 15, 2024 at 6:00 p.m. in the County Commissioners Meeting Room, Johnston County Courthouse Present: Michelle Davis, Brooke Holmes, Debbie Howard, Freddie Hudson, Will Annex, Smithfield, N.C. with the following members: Letchworth, Timothy Little, Gary Lovering, Jay Sasser Absent: Jared Crenshaw, BOCC Representative, BOE Representative Also present: Braston Newton, Director; Todd Marr, Senior Planner; Cameron Pittman, Chairman Letchworth opened the meeting at 6:00 p.m. with the Pledge of Allegiance led Planner; Jennifer Slusser, County Attorney by Mr. Little. Approval of the Minutes: Upon a motion by Mr. Hudson to approve the September 17,20241 Planning Board Minutes, seconded by Ms. Holmes, and carried by a unanimous vote of8-0, the September 17,2024 Planning Board Minutes were approved as presented. All speakers were sworn in. Subdivisions: Raynor Sands Phase 2 Owner: Anastasia Perez Martinez Developer: None Listed Surveyor/Engineer: Jimmy Barbour Surveying, PA Acreage/Lots: 2.674 acres, 11 lots Tax ID: #: 09117020S Address: 115 Raynor Sands Dr. Mr. Marri introduced the subdivision and referenced the above information. Mr. Marr stated the subdivision was tabled at the September 2024 Planning Board Meeting at the request oft the Applicant. Mr. Marr spoke about direct driveway access on Reedy Prong Church Rd. and from the Johnston County Land Design Manual regarding developments Chairman Letchworth asked about the previous subdivision resulting in the subject Mr. Marr responded that the owner is now wanting to subdivide the subject property. creating 4 or more. lots. property. 1 Mr. Jimmy Barbour, 213 S. Second St., Smithfield, N.C., Surveyor, stated the particulars of the subdivision and was present to answer any questions from the Board. Mr. Barbour stated that the owner wanted to divide the subject property into two lots in order to put another dwelling on the lot that fronts Reedy Prong Church Rd. Mr. Barbour stated that it had received approval from Environmental Health. Ms. Davis asked about the gravel path shown on the preliminary plat. Mr. Barbour responded that the gravel path was existing. Ms. Davis asked about access to lot 3A. Mr. Barbour responded that access comes off of Raynor Sands Dr. by an access easement and that the owner lives on lot 3A. Mr. Barbour presented an updated preliminary plat to Ms. Howard asked ifthe current owner would remain on lot 3A per the updated preliminary plat and ift the entire subject property was part oft the original Raynor Sands Subdivision. the Board. Mr. Barbour responded yes to both questions. Ms. Howard asked if the subdivision allowed for a lot to be subdivided again. Mr. Barbour stated the subdivision was done in 2012. Ms. Holmes asked if the restrictive covenant for the subdivision would state ifit could be subdivided again. Ms. Howard asked about the original approval for the subdivision. Mr. Barbour responded that was the reason for the current request. Mr. Newton commented from the audience. Chairman Letchworth asked about the approval from Environmental Health. Mr. Barbour discussed the location of the septic area for lot 3B and the designated septic Chairman Letchworth asked ift the septic area for lot 3B would be located on lot 3A. Mr. Barbour responded yes and that it would be a septic easement allowed by easement located on lot 3A. Environmental Health. Mr. Lovering asked ifit would pass over the buffer. Mr. Barbour responded yes. 2 Mr. Sasser asked ifit would go across Sharp Branch. Mr. Barbour responded yes. Mr. Barbour stated that the supply lines would run across. Ms. Davis spoke about the design oft the updated preliminary plat with regards to lot lines. Mr. Barbour confirmed. Ms. Davis asked about the distance between the proposed driveway for lot 3B and Brock Rd. Mr. Barbour responded approximately 200ft. Ms. Lisa Williams, 186 Thornton Rd., Newton Grove, N.C., a nearby property owner, expressed concern for the wetland area stating that they have livestock on their property. Ms. Williams stated that over the last year they have watched the wetlands become filled with debris, including drywall and styrofoam. Ms. Williams asked about the results from an environmental impact study. Ms. Williams expressed concern for the possible future impact on the wetlands and nearby soils. Ms. Williams asked about the subdivisiona already being approved and about the driveway access being located in the wetlands. Chairman Letchworth stated that the information presented stated that Environmental Health had approved the septic layout but that the Planning Board would make a decision Ms. Williams stated that she wanted the stream preserved and expressed concerns for the subject property owner filling in the stream and wetland area. Ms. Williams also expressed concerns for contamination of the water that runs through her land and the contamination regarding the proposed subdivision. ofher pasture. There was noi further discussion. Chairman Letchworth asked for the staff recommendation. Mr. Marr stated the staff recommended denial due to less than 500 ft of driveway separation and direct driveway Chairman Letchworth asked staff if there were any reservations from the amended plat access onto Reedy Prong Church Rd. presented at the meeting. Mr. Newton commented from the audience. Mr. Little asked if there was a home on the subject property currently. Mr. Newton responded that there was a home on the property, but that the home is not in place. Ms. Howard asked ifthe home would end up on lot 3A. 3 Ms. Davis responded with lot 3B. Mr. Marr responded that a house was moved onto lot 3B without approval. Mr. Sasser asked about the dumping on the subject property. Mr. Marr stated that there is an open investigation about the dumping. Chairman Letchworth expressed concern for the septic easement. SluaffRecommendation: Denial Upon a motion by Mr. Little to deny Raynor Sands Phase 2, seconded by Ms. Holmes, Raynor Sands Phase 2 was denied by a unanimous vote of 8-0 at the October 15, 2024 Planning Board Meeting. Hammer' Tract Owner: Two Forty-Two-Lan, LLC Developer: Two Forty-Two, LLC Surveyor/Engineer: Alsey J. Gilbert, PLS Acreage/Lots: 22.34 acres, 20 lots Tax ID: #: 01F11064H Address: 1600 Block ofNC HWY 242S Mr. Marr introduced the subdivision and referenced the above information. Mr. Jonathan Barnes, 446 E. Main St., Clayton, N.C., Dalton Engineering and Associates, stated the particulars of the subdivision and was present to answer any questions from the Board. Mr. Barnes spoke about the location of the proposed mail kiosk and the on-site conventional septic systems. Mr. Lovering asked about the existing pond on the adjacent land. the pond and riparian buffer are not known at this time. Mr. Barnes responded that the preliminary plat is based on GIS and the exact location of Mr. Lovering asked about access around the entirety oft the pond for the adjacent property Mr. Little asked about proposed lots 17, 18, 19, and 20 and them bordering the edge oft the Mr. Lovering stated that the adjacent property owner may want access around the entirety Mr. Little asked about the light shaded area on the preliminary plat and ifit was a buffer. owner. pond. ofthe pond in order to take care oft the pond. Mr. Barnes responded that it was a riparian buffer. 4 There was discussion among the Board concerning the pond. Chairman Letchworth asked to view the subject property and adjacent pond on GIS. Mr. Barnes asked ift the Board would want an access easement in the riparian buffer. Ms. Davis discussed future owners oflots 17-201 thinking that they have access to the pond because of an easement. Ms. Holmes expressed concern for multiple owners oft the pond. Ms. Howard asked about moving the property line at the pond. Mr. Little suggested verifying the existing property line in relation to the location of the Mr. Barnes stated that the preliminary plat is based on GIS and is not exact. Mr. Barnes Ms. Howard asked ifa an approval could be made with a condition concerning the property pond. stated that a survey would take place. line in relation to the pond. Ms. Holmes suggested tabling the request. Mr. Newton commented from the audience. Mr. Hudson recommended waiting until a survey could be performed and brought back to Ms. Howardrecommended offering a suggestion and encouraging communication between Chairman Letchworth restated the concerns of multiple owners of the pond as well as understanding exactly the edge of the pond in relation to the proposed lots. Mr. Barnes stated that an option may bei for the riparian buffer around the pond to bej placed Chairman Letchworth responded that it would be consistent with what the Board has the Board. the property owners. into the HOA. approved in the past to avoid multiple ownerships ofaj property. There was no further discussion. Chairman Letchworth asked for the staff recommendation. Mr. Marr stated the staff recommended approval with the stated conditions and requirements in the staff report. 5 Mr. Little asked the Board for clarity if there were any other issues with the proposed subdivision. Several Board members responded that there were no other issues. Staff Recommendation: Approval Upon a motion by Ms. Holmes to table Hammer Tract until the November 19, 2024 Planning Board Meeting in order to have a survey verifying the boundaries of the pond, seconded by Ms. Howard, Hammer Tract was tabled by a unanimous vote of 8-0 at the October 15, 2024 Planning Board Meeting. Earp West Owner: David F. Earp Developer: Cloudbreak Investments, LLC Surveyor/Engineer: Adams & Hodge Engineering, PC Acreage/Lots: 30.51 acres, 22 lots Tax ID: #: 16L05040C Address: 600 Block ofLynch Rd. Mr. Marrintroduced the subdivision and referenced the above information. Mr. Andrew Hodge, 314 E. Main St., Clayton, N.C., Becker Morgan Group, stated the particulars of the subdivision and was present to answer any questions from the Board. Mr. Hodge spoke about the location of the proposed mail kiosk. Mr. Hodge stated that the wetlands at the back of the subject property had been delineated by a professional environmentalist. Mr. Hodge stated that the buffers had been removed from the site. Mr. Ronald Keese, 117 E. Battery Circle, Selma, N.C., an adjacent property owner, expressed concerns. Mr. Keese asked if there would be a buffer between his property and Chairman Letchworth stated that the Ordinance does not require buffers between like uses, but the Board would ask the Applicant. Chairman Letchworth also stated that generally from a construction standpoint, the entire parcel is not always cleared leaving some natural Mr. Keese asked about the builder. Mr. Keese also expressed concern for access to NC HWY 42 and asked ifthere were any proposed improvements for the intersection ofLynch Mr. Newton spoke about aj planned roundabout at NC HWY 42 and Thanksgiving Fire Rd. Chairman Letchworth spoke about the County's Comprehensive Transportation Plan and Chairman Letchworth asked Mr. Hodge about planned buffers, builders, and any NCDOT the subject property. vegetation after building the house. Rd. and NC HWY 42. the opportunity for public comments. transportation improvements. 6 Mr. Hodge responded that there is no plan for buffers. Mr. Hodge stated that generally the whole lot is not cleared but that it cannot be guaranteed. Mr. Hodge stated that he did not have any information from NCDOT regarding the Lynch Rd. and NC HWY 42 intersection. Mr. Hodge also stated that they do not have a decision on a builder. Mr. Hudson asked about the minimum lot size requirements with concerns for lots 16A, 17A, and 19A. Mr. Hodge responded that those lots are off-site septic lots. Ms. Davis asked ift those lots would be cleared. the future property owner did otherwise. Mr. Hodge responded that the septic lots would be cleared only for septic typically unless Chairman Letchworth asked ift the septic lots were primary or backup. Mr. Hodge responded that he did not know. Chairman Letchworth spoke to Mr. Keese about lot 16A being a septic lot and not a homesite. There was no further discussion. Chairman Letchworth asked for the staff recommendation. Mr. Marr stated the staff recommended approval with the stated conditions and requirements in the staff report. Staff Recommendation: Approval Upon a motion by Ms. Holmes to approve Earp West, seconded by Mr. Little, Earp West was approved by a unanimous vote of8-0a at the October 15, 2024 Planning Board Meeting. Ms. Davis spoke of the enrollment numbers in the school district. Conditions and Requirements [Planningl 1. All lots must be a minimum of30,000 sf. 2. Complete flood plain information 3. Metes & bounds 4. Certifications 5. Entrance sign & street signs 6. Street name approval 7. All lots shall access internal streets 8. Cul-de-sac lots must have 40' road frontage 9. Complete improvements or provide performance guarantee 7 10. Provide final plat Street Disclosure Statement Certificate for street 11. Fee-in-lieu of open space shall be paid prior to recording maintenance (DM Sec 7,L. item 8) 12. Provide utility easements along all lot lines in accordance with LDC Sec. 14- 13. Coordinate with the US Postal Service for the design of and utilization of b. CBU: shall not obstruct the operation and maintenance ofu utility services. 75(d)(3) cluster box mail receptacle units: a. CBU shall not impede the flow oftraffic. C. CBU: shall meet ADA and Fire Code requirements. Environmental Health] unapproved lot [NCDOT] 14. Approval of all lots for onsite sewage disposal or statement for each 15.A driveway permit and subdivision design approval must be obtained prior to 16. All design aspects oft the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures, NCDOT Subdivision Roads Minimum Construction Standards, and Policy on Street and Driveway Access 17.Ity will be determined at the time the driveway permit application is submitted construction tol North Carolina Highways ifany road improvements will be required [Public Utilities] 18. Stormwater & Erosion Control Permits Required 19. Stormwater Statement Required 20. Wetlands should be delineated and shown on the plan ifany are present as well as anyjurisdictional features and buffers. A buffer call will be necessary. 21. Property is limited to 15% impervious area without stormwater management. 22. Construction plans will have to be: submitted and approved for waterline 23. Waterline will have to be designed to serve any planned downstream future construction. projects. [Emergency Services] 25. Provide a fire flow test. 24. Relocate hydrant at end of cul-de-sac to between lots 14 and 15. Margot Manor Owner: Neta Grady Developer: Triangle Land Partners, LLC Surveyor/Engineer: 4D Site Solutions, Inc. 8 Acreage/Lots: 125.82 acres, 108 lots Tax ID #: 07D07027 Address: 3500 Block of Benson Hardee Rd. Mr. Marrintroduced the subdivision and referenced the above information. Mr. Marr stated that a reverse frontage buffer is required for lots backing up to Benson Hardee Rd. Mr. Marr also stated that a TIA was completed since the proposed subdivision is over 100 lots. Ms. Davis asked ift there was a turn lane. Mr. Lovering stated that there was not one in the TIA. Mr. Little stated that the road has to have 4,000 cars a day on a secondary road. Ms. Davis asked about a Voluntary Agricultural District note on the preliminary plat. Mr. Scott Brown, 409 Chicago Dr. Suite 112, Fayetteville, N.C., 4D Site Solutions, stated the particulars oft the subdivision and was present to answer any questions from the Board. Mr. Brown stated that NCDOT had reviewed the TIA and did not recommend any improvements for Benson Hardee Rd. Mr. Brown stated that fire flow testing was done and there is plenty of water available for the development. Mr. Brown stated that open space would be provided outside of the wetland areas. Mr. Brown stated a buffer determination was done and no buffers were determined for the subject property. Mr. Brown stated that preliminary septic analysis had been completed and there is septic available on the lots as shown on the preliminary plat. Ms. Davis spoke in appreciation for the designated open space. Mr. Jason Carter, 904 Neuse Ridge Dr., Clayton, N.C., adjacent property owner, provided history for the land stating that it has been in their family for almost 250 years with a commitment to keep the land dedicated to farming. Mr. Carter spoke about the number of subdivisions and lots approved over the last three years. Mr. Carter expressed concerns for the impact on the agricultural properties within the County stating that his property is in the second largest concentration of agricultural districts in the County. Mr. Carter asked that the County work to minimize the impact large developments have on continuing agricultural traditions. Mr. Carter expressed concerns for flooding and stormwater on Mingo Swamp and wetlands and its impact on neighboring farmlands. Mr. Carter referenced a previously denied subdivision, Eagles Landing Phase 5, located near the subject property. Mr. Carter also referenced aj previously approved subdivision, Turlington Tract, located near the subject property. Mr. Carter expressed concerns for the proposed impervious allocation. Mr. Carter asked about the existing pond on the subject property. Mr. Carter expressed concerns for stormwater runoff. Mr. Carter also suggested visual and windbreak barriers to help minimize the impact plowing will have on the homes in the proposed development. Mr. Carter asked about required buffers along blue lines on the subject property. 9 Chairman Letchworth asked Mr. Brown about the plan for the pond on the: subject property, Mr. Brown stated the blue line is a wetland line and not a stream. Mr. Brown stated that the only stream existing on the subject property is on the southern border adjacent to Mr. Pollard's property. Mr. Brown stated that a buffer determination was done through the County. Mr. Brown stated that the existing pond will remain and will be in a common area with noi intention ofdoing anything withi it other than it being an amenity. Mr. Brown stated that the development will be in the center of the subject property with open space to the northern and southern portions oft the subject property remaining in open space. Mr. Brown stated that land will only be cleared for what is necessary for homes and septic fields. Mr. Brown stated that clearing would be minimal. Mr. Brown stated that the impervious allocationis: at fifteen percent or lower with thej proposed development, below the County's threshold requirement. Mr. Brown stated the subject property shares a common watershed with Mr. Carter's property and both properties drain into the watershed and not onto one another's property. Mr. Brown stated that it will be draining the natural draining areas through the wetlands and there is no on-site retention or planned on-site retention at this point. Mr. Brown stated that they are meeting the County requirements and starting to collect construction and permit drawings. Mr. Brown stated that there is no planned windbreak or dust break at this time. Mr. Brown stated that the intent is to leave the open space as natural as possible other than any amenities the developer or builder may add to how water runoff will be handled, and about buffers. enhance the pond. There was no further discussion. Chairman Letchworth asked for the staff recommendation. Mr. Marr stated the staff recommended approval with the stated conditions and requirements in the staff report. Ms. Davis stated that the Voluntary Agricultural Districts need to be added to the Chairman Letchworth spoke in appreciation for the buffering and thought put into the design. Chairman Letchworth also spoke about the County'sr rewriting oft the development preliminary plat. ordinances and about opportunities for public input. Ms. Davis spoke in appreciation for the open space. Mr. Lovering spoke about the open space and in appreciation for Mr. Carter's attendance and remarks. Ms. Davis spoke ofthe enrollment numbers in the school district. StatfRecommendation: Approval Upon a motion by Mr. Lovering to approve Margot Manor, seconded by Mr. Sasser, Margot Manor was approved by a unanimous vote of 8-0 at the October 15, 2024 Planning Board Meeting. 10 Conditions and Requirements [Planningl 1. All lots must be a minimum of30,000 sf. 2. Complete flood plain information 3. Metes & bounds 4. Certifications 5. Entrance sign & street signs 6. Street name approval 7. All lots shall access internal streets 8. Cul-de-sac lots must have 40' road frontage 9. Complete improvements or provide performance guarantee 10. Provide final plat Street Disclosure Statement Certificate for street maintenance (DM Sec 7, L. item 8) 11. Provide reverse frontage lot buffer along Benson Hardee Rd. 12. Show to whom open space is dedicated 13. Provide 20' fee simple access to open space 14. Provide utility easements along all lot lines in accordance with LDC Sec. 14- 15. Coordinate with the US Postal Service for the design of and utilization of b. CBU shall not obstruct the operation and maintenance oft utility services. 75(d)(3) cluster box mail receptacle units: a. CBU shall not impede the flow of traffic. C. CBU shall meet ADA and Fire Code requirements. Environmental Health] unapproved lot [NCDOT] 16. Approval of all lots for onsite sewage. disposal or statement for each 17.A driveway permit and subdivision design approval must be obtained prior to 18. All design aspects oft the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures, NCDOT Subdivision Roads Minimum Construction Standards, and Policy on Street and Driveway Access 19.1 It will be determined at the time the driveway permit application is submitted construction tol North Carolina Highways ifany road improvements will be required [Public Utilities] 20. Stormwater & Erosion Control Permits Required 21. Stormwater Statement Required 11 22. Wetlands should be delineated and shown on the plan ifany are present as well as anyj jurisdictional features and buffers. A buffer call will be required for the portion oft the property draining to the Neuse Basin. 23. Property is limited to 15% impervious area without stormwater management. 24. Construction plans will have to be submitted and approved for waterline construction. [Emergency Services] 25. Provide construction details for access roads. 28. Provide fire hydrant distribution plan/layout. 26. Provide cul-de-sac details. 27. Provide a fire flow test. There was a brief five minute break. Rezoning and Conditional Zoning Cases: Chairman Letchworth stated that Case TXT 24-02, Case 24-27, and Case 24-28 requested Upon a motion by Ms. Howard to table Case TXT 24-02 until the November 19, 2024 Planning Board Meeting, seconded by Mr. Little, Case TXT 24-02 was tabled by a unanimous vote of 8-0 at the October 15, 2024 Planning Board Meeting. Upon a motion by Ms. Howard to table Case 24-27 until the November 19, 2024 Planning Board Meeting, seconded by Mr. Sasser, Case 24-27 was tabled by a unanimous vote of8- Upon a motion by Ms. Holmes to table Case 24-28 until the November 19, 2024 Planning Board Meeting, seconded by Mr. Hudson, Case 24-28 was tabled by a unanimous vote of to be tabled until the November 19, 2024 Planning Board Meeting. Oat the October 15, 2024 Planning Board Meeting. 8-0 at the October 15, 2024 Planning Board Meeting. Rezoning Case 24-23 Residential (AR) Tax ID: 11M02007A Owner: Renee Baker Applicant: Renee Baker Township Rezoning Petition: General Business-Conditional Zoning (GB-CZ) to Agricultural Location: 3.2 acres ofa 41.82 acre tract located at 2072 Earpsboro Rd. in the O'Neals Mr. Marr introduced the case and referenced the information listed above. Mr. Marr stated that the existing land use was: zoned General Business-Special Use District (GB-SUD) and approved for Indoor and Outdoor storage and antique shop and Ice cream retail. Mr. Marr spoke about the surrounding land uses. Mr. Marr stated that the area is located within a designated "Rural Living Placetype" on the County's Envision Johnston Comprehensive Land Use Plan. 12 Ms. Renee Baker, 2072 Earpsboro Rd., Zebulon, N.C., stated the particulars oft the request and was present to answer any questions from the Board. There was no further discussion. Chairman Letchworth asked for the staff recommendation. Mr. Marr provided a staff recommendation of approval and presented a draft statement of consistency. Staff Recommendation: Approval Upon a motion by Ms. Holmes to approve Rezoning Case 24-23, seconded by Mr. Little, Rezoning Case 24-23 was recommended for approval by a unanimous vote of 8-0 at the Rezoning Case 24-23 will be heard by the Board ofCounty Commissioners: at their October 15, 2024 Planning Board Meeting. December 2, 2024 meeting. Consistency Statement This request is consistent with the Comprehensive Land Use Plan "Envision Johnston 2040" in that it takes away the commercial designation and takes it back to its original Agriceulural/Residential designation. Rezoning Case 24-24 Conditional Zoning (GB-CZ) Tax ID: 16L05035B Owner: Pittman Pines, LLC Rezoning Petition: General Business-Special Use District (GB-SUD) to General Business- Applicant: Hunter Dawkins, 4 Rivers Acquisitions, LLC Conditional Zoning Request: Mini-Storage Location: 4.48 acre tract located at 5691 NC Hwy 421 Ein the Wilders Township Mr. Marr introduced the case and referenced the information listed above. Mr. Marr stated that the existing land use was zoned General Business-Special Use District and approved for an event venue. Mr. Marr spoke about the surrounding land uses. Mr. Marr stated that the area is located within a designated "Rural Living" future land use Placetype on the Mr. Mark Frederick, 301 Fayetteville Street, Suite 1400, Raleigh, N.C., Parker Poe Adams & Bernstein, stated the particulars of the request and was present to answer any questions from the Board. Mr. Frederick stated the proposed site plan includes one primary building with a portion being two-story with interior accessed units. Mr. Frederick stated that there are also proposed outside units. Mr. Frederick stated that the units are screened SO it will not be visible from NCI HWY 42. Mr. Frederick discussed presentation slides detailing the County's Envision. Johnston Comprehensive Land Use Plan. elevations oft the units. 13 Mr. Lovering asked about security access for the site. Mr. Hunter Dawkins, 41 Rivers Acquisitions, LLC, was also present to answer any questions from the Board. Mr. Dawkins responded that the site will not offer 24-hour access, but there will be a gate to secure the facility. Mr. Dawkins stated that people will access the site using key codes to get through the gate. Mr. Dawkins stated that the gate access would Mr. Frederick stated that they have reached out to NCDOT and are waiting fora response. be through the turns and should not backup on NC HWY4 42. There was no further discussion. Chairman Letchworth asked for the staff recommendation. Mr. Marr provided a staff recommendation of approval and presented a draft statement of consistency, based on the fact that the land is already approved for an event center and a storage facility would bea a Chairman Letchworth asked the Applicant ifthey had read and agreed to the conditions in lower volume of traffic use. the staff report. Mr. Frederick responded yes. latRecommendation: Approval Upon a motion by Mr. Little to approve Rezoning Case 24-24, seconded by Ms. Holmes, Rezoning Case 24-24 was recommended for approval by a unanimous vote of 8-0 at the Rezoning Case 24-24 will be heard by the Board of County Commissioners at their October 15, 2024 Planning Board Meeting. December 2, 2024 meeting. Consistency Statement This request is consistent in that the approved use of the parcel now is for an event venue and changing it to a storage facility would not increase the volume oftraffic to the property substantially. It is also adjacent to a property zoned GB-SUD. Conditional Zoning Applicant Questions: 1. That the use or development is located, designed, and proposed to be operated sO as to 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 havel less storage space for residents. This facility will promote the general welfare ofthes surrounding area by meeting thei increased demand for easy and convenient maintain or promote the public health, safety, and general welfare; access to additional storage space. 14 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 bei 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 loweri impact on the surrounding roads. Asa 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 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 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 Applicant The proposed self-service storage facility is ideally located along a major corridorand will meet theincreased 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 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 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 neighborhood service. is designed to appear and operate as a low impact office use. is a public necessity; use, which is compatible with the surrounding area. policies as adopted by the Board ofCommissioners. close proximity to nearby residential uses. Proposed Conditional Zoning District Information 15 1. Please Provide the purpose oft the district, aj project narrative, and a list of proposed land uses to be allowed within the conditional zoning district. Applicant: The purpose of the proposed General Business Conditional Zoning district is to allow the development of a self-service storage facility. The facility will bei ideally situated on Highway 42 in close proximity to Flowers Plantation and the substantial amount of residential development in the area. As such, this facility will provide the nearby residents easy and convenient access to a needed neighborhood service. The Conditional Zoning district is limited to the mini-storage use and includes zoning conditions to ensure the facility will visually and operationally complement the character of the surrounding neighborhood. The project will consist of 100k SF Class As self-storage. There will be four total buildings. The primary building will be 80k SF of fully enclosed climate control storage. The remaining buildings will be non-climate direct access units screened from public streets, filling a huge need in the community. 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. Siaff, the Planning Board, and Boardo/Commisioners may, propose additional conditions during the review process. Please list any conditions that you propose, as the applicant, below. Applicant: 1. Permitted uses shall be limited to: Mini-Storage. 2. Building height shall be limited to a maximum of2 stories. Conditions: 1. Proposed uses: Mini-Storage. (Proposed by Applicant) 2. Building height shall be limited to a maximum of2 stories. (Proposed by 3. The development shall conform to all requirements of the. Johnston County Land 4. Applicant shall submit a detailed site plan for review and approval by the 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 ofany 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 Applicant) Development Code. Planning and Zoning Department Staff. agencies. 8. Secure an NCDOT driveway permit. 9. Allow room for stacking of vehicles. 10. Road improvements will be required by NCDOT. 16 11.Any lighting will be dark sky or down lighting SO as not to shine onto adjacent properties. Rezoning Case 24-25 (GB-CZ) Tax ID: 16L020450 Owner: Larry Davis Applicant: Larry Davis Rezoning Petition: Agricultural Residential (AR) to General Business-Conditional Zoning Location: 5.2 acres ofa 9.2 acre tract located at 100 Davis Rd. in the Wilders Township Conditional Zoning Request: Commercial Truck and equipment parking Mr. Sasser recused himself from Case 24-25. Upon ai motion by Ms. Holmes to recuse Mr. Sasser, seconded by Mr. Hudson, the recusal ofMr. Sasser was approved by a unanimous vote of7-0 at the October 15, 2024 Planning Mr. Marr introduced the case and referenced the information listed above. Mr. Marr stated that the existing land use was zoned Agricultural Residential and is currently in violation for commercial vehicle parking. Mr. Marrs spoke about the surrounding land uses. Mr. Marr stated that the area is located within a' "Low Density Residential" future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan. Mr. Marr stated that the subject property came in as a zoning complaint to the Planning and Zoning Office in June 2024, for the violation of operating a commercial business in an Agricultural Residential zoning district and excessive noise from equipment being operated in the early Mr. Larry Davis, 100 Davis Rd., Zebulon, N.C., stated the particulars of the request and was present to answer any questions from the Board. Mr. Davis stated that his office is located at 24 Vance St., Zebulon, N.C., with fourteen employees and five trucks on the road. Mr. Davis stated that there are no structures on the subject property. Mr. Davis stated that trailers, wood, and rebar are on the property. Mr. Davis stated that there is no work on the subject property and he only goes to the property to load up material. Mr. Davis stated that the complaint report was legitimate. Mr. Davis stated that he has an easement to access the subject property and had dump trucks loaded with rock to put gravel on the road that leads to the subject property. Mr. Davis stated that no employees work at the subject property and that it is for bobcats, extra trucks, and trailers. Mr. Davis stated that his employees drive their work vehicles home and his office is in downtown Zebulon. Mr. Davis stated that he left the existing vegetation on the subject property after purchasing it and that the cleared area is not visible from the road. Mr. Davis stated that he may work on Board Meeting. morning hours. awork truck on the subject property. Mr. Little asked about a concrete pad on the subject property. Mr. Davis responded that there is a 30: X 60 feet concrete pad on the subject property and he uses it to store the rebar on it. Mr. Davis stated that there is 1,800 square feet of 17 impervious on the whole site. Mr. Davis stated that the only gravel added was to the Chairman Letchworth asked Mr. Davis ifh he had read the conditions in the staff report. Mr. Davis responded no. Mr. Davis reviewed the conditions and requested 10 trucks, 10 trailers, and 10 pieces of equipment. Mr. Davis discussed the trees on the subject property easement road. acting as a buffer. Mr. Lovering asked about hours of operation. Mr. Davis responded that there will be days when they may not be on the subject property at all and then other days when they do go to the subject property but are usually back Mr. Lovering asked what the hours of operation would be ifa condition was needed. Mr. Davis responded possibly 6am-6pm, unless a truck broke down and it needed to be before dark. towed back to the subject property. Ms. Davis asked ifi mixing concrete would occur on the subject property. Mr. Davis responded no and that they are not a mixer company. Mr. Davis stated that he orders concrete from a plant and then the plant delivers the concrete to the job. Mr. Davis Mr. Hudson asked ifthere was any activity on the subject property that generated dust. Mr. Davis responded no. Mr. Davis stated that dust was generated when maintaining the stated that they will sometimes tie rebar at the subject property. drive. Chairman Letchworth asked about hours ofo operation. Mr. Davis responded 6am-6pm, seven days a week. Mr. Phillip Davis, 2653 Huntsman Tr., Zebulon, N.C., expressed concern for a nearby property with a pond. Mr. Davis spoke about the elevation change between the two properties and expressed concerns for chemicals, lubricants, oils, etc. on the ground being washed down to the pond and requested a condition to limit maintenance operations and Mr. Tom Campbell, 161 Davis Rd., Zebulon, N.C., a nearby property owner, spoke in opposition of the requested rezoning. Mr. Campbell expressed concerns for large trucks on Ms. Rebecca Gordon, 145 Davis Rd., Zebulon, N.C., a nearby property owner, expressed concerns fornoise pollutionand concerns that work continues on the subject property while fueling. the residential street and the possible impact on the neighbors. in violation. 18 Ms. Holmes asked staff about the surrounding land uses. Mr. Marr responded that everything in the area is zoned AR and used for residential and agricultural purposes. Mr. Marr stated that there is a property to the northeast that is zoned CB-SUD and used as a Bed & Breakfast, but staff is not sure ift the Bed & Breakfast is operational. There was no further discussion. Chairman Letchworth asked for the staff recommendation. Mr. Marr provided a staff recommendation of denial, based on the inconsistency with the Comprehensive Land Use Plan and the continued violation of property. Mr. Marr stated that staff also has concerns with the lack of conditions provided by applicant, possible problems with emergency access to the site, and the possibility of hazardous materials leaking or contaminating the ground on the site and/or adjacent properties. StatrRecommendation: Denial Upon a motion by Ms. Holmes to deny Rezoning Case 24-25, seconded by Mr. Little, Rezoning Case 24-25 was recommended for denial by a unanimous vote of 7-0 at the Rezoning Case 24-25 will be heard by the Board ofCounty Commissioners at their October 15, 2024 Planning Board Meeting. December 2, 2024 meeting. Consistency Statement This request is not consistent with the Envision Johnston Comprehensive Land Use Plan in that it is in a Low Density Residential area and not in close proximity to any activity nodes. It also conflicts with LU-1 of the Envision Johnston Plan that recommends to "Direct future growth toward the municipalities." Conditional Zoning Applicant Questions: 1. That the use or development is located, designed, and proposed to be operated sO as to 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 2. That the use oft the development appears to comply with all required use and intensity regulations of Articles II &I 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 maintain or promote the public health, safety, and general welfare; vehicular traffic. 19 stored is also used on the property to maintain all thej property, access easement road 3. That the use or development is located, designed, and proposed to be operated SO as to maintain or enhance the value ofcontiguous property, or that the use or development is a 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 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. & proper drainage. public necessity; as adopted by the Board of Commissioners. Proposed Conditional Zoning District Information 1. Please Provide the purpose oft the district, aj project narrative, and al list of Applicant: The rezoning area is to be used to store utility trailers, small equipment and light/medium duty pick-ups/trucks and miscellaneous site maintenance proposed land uses to be allowed within the conditional zoning district. materials. 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 miligating the impacis 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 Applicant: No hazardous materials or chemicals to be stored. Uphold surrounding any conditions that you propose, as the applicant, below. area noise ordinances. Conditions: 1. Proposed uses: Parking of commercial vehicles, work trucks, trailers, and 2. Limited to 4 commercial trucks/work trucks, 4 trailers, and 4 pieces ofr machinery 3. The development shall conform to all requirements of the Johnston County Land 4. Applicant shall submit a detailed site plan for review and approval by the Planning 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 construction equipment. (mini excavators/skid steers). Development Code. and Zoning Department Staff. outside ofa any fencing. (existing vegetation may be used) 6. All signage shall comply with the Johnston County sign code. 20 7. All structures must comply with all rules enforced by Federal, State, and Local 8. Any lighting will be dark sky or down lighting SO as not to shine onto adjacent 9. Strict adherence to the Johnston County Noise ordinance must be followed. 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 agencies. properties. 10. No operation of equipment/trucks before dawn. emergency vehicles. 14.Attime of development: Stormwater permit required if1 17,000 sfor more ofi impervious area will be Property is in ESA and is limited to 12% impervious area without Erosion control permit required if an acre or more will be disturbed. 401/404/Buffer permits willl 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. added. stormwater controls. Rezoning Case 24-26 (GB-CZ) Tax ID: 16K02032A Owner: Anthony Antonia Wilkerson Applicant: Jose Fernando Hernandez Rezoning Petition: Agricultural Residential (AR) to General Business-Conditional Zoning Location: 1.51 acres ofa 2.901 acre tract located at 3441 Wendell Rd. in the Wilders Township Conditional Zoning Request: Tow Truck yard and mechanic shop Mr. Marri introduced the case and referenced the information listed above. Mr. Marr stated that the existing land use was zoned Agricultural Residential and used for those purposes. Mr. Marr spoke about the surrounding land uses. Mr. Marr stated that the area is located within a "Low Density Residential" future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan. Mr. Marr stated that the subject property came in as a zoning complaint to the Planning and Zoning Office in June 2023, along with several other properties on this road, for the violation of operating a commercial business in an Agricultural Residential zoning district. Mr. Marr stated that the subject property is Lot 1 Ms. Howard asked ifit was the same subdivision as previous rezoning requests. Mr. Marr responded yes and that the Applicant came before the Board within recent months Mr. Fernando Hernandez, 3441 Wendell Rd., Wendell, N.C., stated the particulars of the request and was present to answer any questions from the Board. Mr. Hernandez: stated that in the Windy Hill Subdivision. with a rezoning request on NC HWY231. 21 he and his father operate ai tow truck business and they. just need a place where they can work. Mr. Hernandez: stated that he lives in front ofas salvage yeart that has existed for more than ten years. Mr. Hernandez presented an updated site plan to the Board. Mr. Hernandez discussed the location of the fire hydrant and access for a fire truck with a 60 x 70 feet fire truck turn-around. Mr. Hernandez stated that they moved the driveway and access from David Rd. to Wendell Rd. Mr. Hernandez stated that he has already obtained the NCDOT permit. Mr. Hernandez presented to the Board a signed petition with members of the community in support of the requested rezoning. Mr. Hernandez also presented pictures to the Board of the subject property showing the vegetation, fencing, and screening. Mr. Hernandez stated that they do want to build a 26 X 60 feet shop and that the main office is the 8 x 20: feet office trailer. Mr. Lovering asked ifthe petition was for approval. Mr. Hernandez responded yes and most everyone is in favor. Mr. Hernandez stated that they help maintain David Rd. Mr. Hernandez stated that they have support from the neighbors. Mr. Hernandez expressed consideration for noise with the hours of operation. Mr. Sasser asked about the number oft tow trucks. Mr. Hernandez responded, one tow truck and one truck with a trailer. Mr. Sasser asked about the size of the tow truck. Mr. Hernandez responded 3,500 and that they tow regular vehicles and trucks. Mr. Hernandez stated that they do not tow commercial vehicles. Mr. Hernandez stated that they are trying to get on with. Johnston County Police Department. Mr. Sasser asked ifthey were in the County's rotation. Mr. Hernandez responded no, because you have to have an established place. Ms. Howard asked about the concrete driveway to the residence on the subject property and the proposed 20: x 30: feet apron. Ms. Howard asked ifthere was an existing driveway. Mr. Hernandez responded yes. Mr. Hernandez stated that the driveway is approved by Ms. Howard asked ifit was approved by NCDOT without meeting the 500 feet driveway Mr. Hernandez responded yes. Mr. Hernandez stated that his driveway is very small and close to. David Rd. Mr. Hernandez stated that he added as second driveway for entrance with his trailer. Mr. Hernandez spoke about the NC HWY: 231 property and its concerns. NCDOT. separation. Ms. Howard asked ifMr. Hernandez owned the subject property. Mr. Hernandez stated that he is buying the property from the current owner. 22 Ms. Howard asked ifal business was run on the subject property before Mr. Hernandez. Mr. Hernandez responded that he did not think sO and that the previous person had storage containers on the property. Ms. Davis asked ifNCDOT approved both driveways. Mr. Hernandez stated that one driveway was existing and NCDOT approved the second driveway for residential use and he is working with them for commercial approval Mr. Little spoke about NCDOT approving second driveways for a single family residence. discussing the apron and other requirements. Chairman Letchworth asked ift they are operating on-site now. Mr. Hernandez stated that they have shut down operations, but their stuffi is still on-site. Chairman Letchworth stated that there are a significant number of cars parked on the Mr. Hernandez responded that they buy vehicles and go through a DMV process before Chairman Letchworth asked ifhe had been operating on the property as far back as 2021. Mr. Hernandez responded yes. Mr. Hernandez was unaware of restrictions and zoning on the subject property when purchased. Mr. Hernandez stated that a DMVi inspector had been on the subject property. Mr. Hernandez stated that they are installing buffers to keep to subject property according to aerials dating back to 2021. throwing the car away. themselves. Ms. Howard asked about the mechanic shop request. Mr. Hernandez responded that he wants to be able to work on the vehicles. Ms. Howard asked about the proposed 30: X 60: feet building and about condition #10. Ms. Davis asked about the proposed hours of operation. Mr. Hernandez responded that the proposed hours of operation were sufficient. Mr. Hudson asked about approval from the Fire Marshal's Office. Mr. Hernandez responded that he had communicated with the Fire Marshal's Office. Mr. Marr referenced conditions #11 and #12. 23 Mr. Sasser asked about the rotation with the police department and calls outside of the hours of operation. Mr. Hernandez requested that it be added to the hours of operation. Ms. Davis discussed possible hours ofo operation. Chairman Letchworth asked Mr. Hernandez about his preference for hours. keep the proposed hours of operation due to support from neighbors. Mr. Hernandez stated that he would choose not to get on the Johnston County rotation and Ms. Gabby Rubio, 416 David Rd., Wendell, N.C., expressed support for the rezoning petition. Ms. Rubio also spoke about Mr. Hernandez helping maintain the road. There was no further discussion. Chairman Letchworth asked for the staff recommendation. Mr. Marr provided a staff recommendation of denial, based on the inconsistency with the Comprehensive Land Use Plan and the continued violation of property. Also, this parcel is part of the Windy Hill Mr. Hudson spoke in appreciation ofMr. Hernandez communicating with his neighbors. Subdivision. Staff Recommendation: Denial Upon a motion by Mr. Hudson to approve Rezoning Case 24-26, seconded by Ms. Holmes, Rezoning Case 24-26 was recommended for approval by a vote of 7-1 at the October 15, Rezoning Case 24-25 will be heard by the Board of County Commissioners at their 2024 Planning Board Meeting, with Mr. Lovering dissenting. December 2, 2024 meeting. Consistency Statement This request is not consistent with the Envision Johnston Comprehensive Land Use Plan in thati it isi in al Low Density Residential area and not in close proximity to any activity nodes. It also conflicts with LU-1 of the Envision Johnston Plan that recommends to "Direct future growth toward the municipalities." Conditional Zoning Applicant Questions: 1. That the use or development is located, designed, and proposed to be operated SO as to Applicant: The property is located on 3441 Wendell Rd. will be maintained and promote public safety by offering ai 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 maintain or promote the public health, safety, and general welfare; 24 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 oft the Johnston County Land Development Code and the applicable specific standards in section 14-257 and with all applicable regulations; Applicant: There are otherzonings on this road classified from General Business, industrial, I1I 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 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 Applicant By working within our designated area and having our landscape buffers. The impact on the neighborhood would be minimal and our business 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 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 the county and surrounding areas. With the fast growing community and the development of this county we will provide already in the process with DOT as seen on the site plan. isaj public necessity; would be maintained within the zoned area. policies as adopted by the Board of Commissioners. automotive services to the community. Proposed Conditional Zoning District Information 1. Please Provide the purpose ofthe district, a project narrative, and a list of proposed land uses to be allowed within the conditional zoning district. Applicant: The purpose of the rezoning would be a automotive repair shop/towingyard. 2. Conditions to apply to the conditional zoning district: Within a Conditional Zoning District, additional conditions and requirements may be addedwhich may assist in mitigating the impacis the development may have on the. surrounding communily and the environment. Siaff the Planning Board, and Bonrdo/Commisioner: may, propose additional conditions during the review process. Please list any conditions that you propose, as the applicant, Applicant: Some of the conditions would be having a fenced area where the designated screening and landscape buffers prevent discomfortdlisturbance All work would be done within the designated shop and designated work below. visually to the public. area. 25 Ifbusiness hours are: needed and mandatory: M-F 8am-7pm, Sat. 8am-lpm, Sun.: closed. Conditions: 1. Proposed uses: Automotive repair shop/Tow yard. (Proposed by applicant) 2. Contain all repairs toi inside of shop if possible. (Proposed by applicant) 3. The development shall conform to all requirements oft the Johnston County 4. Applicant shall submit a detailed site plan for review and approval by the 5. A Class B (2 large trees, 3 small trees, and 9: shrubs every 1001 linear feet) landscape buffer shall be installed along all conditional zoning lines and must bej placed outside ofany 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 8. Any lighting will be dark sky or down lighting SO as not to shine onto 9. Hours of operation shall be Monday through Friday 8am-7pm, Saturday 8 10. All vehicles and repair services will be performed and contained inside ofthe 11. Driveway must be able to hold 75,000 pounds. (Fire Marshal) 12. Must Provide fire hydrant ifone is not within required distance. (Fire 14. Driveway must be paved through the Right-of-Way. (NCDOT) Land Development Code. Planning and Zoning Department Staff. Local agencies. adjacent properties. am-1 pm. (Proposed by applicant) garage or an 81 ft. opaque fence. Marshal) 13. NCDOT Driveway permit required. Case' TXT24-02 Text Amendment Request: Sect. 14-89: Amend table to allow Multi-Family uses in the GB district not greater than 15 units per acre AND allow Townhome uses in the GB district not greater than 6 units per acre, such uses being allowed only as a Conditional Zoning (CZ) District and when consistent with the County's adopted Land Use Plan and/or Case TXT: 24-02 was tabled until the November 19, 2024 Planning Board Meeting. Rezoning Petition: Agricultural Residential (AR) to General Business-Conditional Zoning considered appropriate by the County Commissioners. Rezoning Case 24-27 (GB-CZ) Tax ID: 06E02076, 06E02015A, 06G05014, & 06E02015 Owner: Dorothy Hall, Joan & Glenwood Parrish & James Hall Applicant: Patrick Riley Township Location: 43.28 acre tract located in the 11700 Block of Cleveland Rd. in the Cleveland Conditional Zoning Request: Commercial Flex space 26 Case 24-27 was tabled until the November 19, 2024 Planning Board Meeting. Rezoning Case 24-28 Rezoning Petition: General Business (GB) to General Business-Conditional Zoning (GB- CZ) Tax ID: 06D01026R, 06D01026C Owner: Catfish Real Estate, LLC Applicant: Catfish Real Estate, LLC Cleveland Township Location: 19 acres ofa3 30.8 acre tract located in the 16000 Block ofNC HWY 50 in the Conditional Zoning Request: Multi-Family Apartments Case 24-28 was tabled until the November 19, 2024 Planning Board Meeting. Discussion Items: Evans Rd. Tract There were two written decisions for the Board's review. Owner: Bennett Cherrie Farm Place, LLC Developer: Bennett Cherrie Farm Place, LLC Surveyor/Engineer: Hall Land Surveying, Inc. Acreage/Lots: 45.13 acres, 27 lots Tax ID #: 12009038 & 12009038W Address: 1488 Evans Rd. The Board reviewed the written decision. Upon a motion by Mr. Sasser to approve the written decision for Evans Rd. Tract, seconded by Ms. Holmes, and carried by a unanimous vote of8-0, the written decision for Evans Rd. Tract was approved as presented at the October 15, 2024 Planning Board Meeting. River Wynd Owner: Johnny P. Weaver. Jr. & Tamar Weaver Developer: Kirby Marshburn Building Corp. Surveyor/Engineer: Sanderson Engineering Inc. Acreage/Lots: 77.25 acres, 60 lots Tax ID#: 11N05057B Address: 1418 Bluegrass Rd. The Board reviewed the written decision. Upon a motion by Ms. Holmes to approve the written decision for River Wynd, seconded by Mr. Hudson, and carried by a unanimous vote of 8-0, the written decision for River Wynd was approved as presented at the October 15, 2024 Planning Board Meeting. The meeting ended at 8:10 p.m. 27 Respectfully submitted by: Jodie Gay, Secretary for the Board 28 Hammer Tract Owner: Two Forty-Iwo-Lan, LLC Developer: Two Forty-Two,LLC Surveyor: Dalton Engineering & Associates, PA Tax ID #: 01F11064H Address: 1600 Block of NC HWY 242 S Latifude/Longitude: 35.35402, -78.53449 Locational Data: NC Hwy 242 South just south of Ashley Road (SR 1103) in Banner Township. The proposed subdivision is served by the Banner Fire District and the Benson Rescue Squad. Site Data: 22.34 acres, 20 lots, (maximum allowable density: 32), water service shall be provided by Johnston County public water and lots will be served by individual septic tanks, open space provided: fee-in-lieu, open space required: $20,000, traffic count: 4300 vpd (2021), property owners notified: 10. Additional Information: School District: The Student Generation Ratio (SGR)is is 0.61. Therefore, Hammer Tract Subdivision will generate approximately 121 K-12 students split amongst the three The following is based on the Out-of-Capacity Table provided by ORED. schools below. District Benson ES Benson MS South Johnston HS Capacity 568 624 1297 Enrollment 701 374 1371 CTP: This portion of NC Hwy 242 S appears on the Comprehensive Transportation Plan as an StaffI Recommendation: Preliminary approval. subject to the following conditions and requirements existing major thoroughfare with adequate design capacity. Conditions and Requirements [Planningl 1. All lots must be a minimum of 30,000 sf. 2. Complete flood plain information 3. Metes & bounds 4. Certifications 5. Entrance: sign & street signs 6. Street name approval 7. AIl lots shall access internal streets 8. Cul-de-sac lots must have 40' road frontage 9. Complete improvements or provide performance guarantee 11. Fee-in-lieu of open space shall be paid prior to recording 10. Provide final plat Street Disclosure Statement Certificate for street maintenance (DM Sec 12. Provide utility easements along all lot lines in accordance with LDC Sec. 14-75 (d)(3) 13. Coordinate with the US Postal Service for the design of and utilization of cluster box b. CBU shall not obstruct the operation and maintenance of utility services. 7,L. item 8) mail receptacle units: a. CBU shall not impede the flow oftraffic. C. CBU: shall meet ADA and Fire Code requirements. Environmental Health] 14. Approval ofa all lots for onsite sewage disposal or statement for each unapproved lot 15. A driveway permit ands subdivision design approval must be obtained prior to 16. All design aspects oft the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures, NCDOT Subdivision Roads Minimum Construction Standards, and Policy on Street and Driveway Access tol North Carolina 17. Itv will be determined at the time the driveway permit application is submitted if any road [NCDOT] construction Highways improvements will be required [Public Utilities] 18. Stormwater & Erosion Control Permits Required 19. Stormwater Statement Required jurisdictional features and buffers. 20. Wetlands should be delineated and shown on the plan ifany are present as well as any 21. Property is limited to 15% impervious area without stormwater management. 22. Construction plans will have to be submitted and approved for waterline construction. [Emergency Services] 23. Provide a fire flow test. 24. Provide fire hydrant distribution plan/layout. Eil, ell a ei el sil eil ail sil el Gil Ol el ei sel! et 78 nuns Wheeler Tract Owner: David R. Wheeler Developer: Steel Bridge Crossing, LLC Tax ID #: 07E06037 Address: 252 Langdon Rd. Latifude/Longitude: 35.8074,-78.55707 served by the 50/210 Fire District and Rescue Squad. Surveyor/Engineer: Dalton Engineering & Associates, P.A. Locational Data: 252 Langdon Road (SR 1327) in Elevation Township. The proposed subdivision is Sitel Data: 43.21 acres, 28 lots, (maximum allowable density: 62), water service shall be provided by Johnston County public water and lots will be served byi individual septic tanks, open space provided: fee-in-lieu, open space required: $28,000, traffic count: not available, property owners notified: 18. Additional Information: School District: The Student Generation Ratio (SGR) is 0.65. Therefore, Wheeler Tract Subdivision will generate approximately 18 K-12 students split amongst the three The following is based on the Out-of-Capacity Table provided by ORED. schools below. District Four Oaks ES Four Oaks MS West Johnston HS needing improvement. Langdon Rd. Capacity 1002 476 1595 Enrollment 1017 481 1571 CTP: This portion ofLangdon Rd. does not appear on the Comprehensive Transportation Plan as Reverse Frontage. Lots: A reverse frontage buffer will be required for lots backing up to SlafRecommendation: Preliminary approval subject to the following conditions and requirements Conditions and Requirements [Planningl 1. All lots must be a minimum of30,000 sf. 2. Complete flood plain information 3. Metes & bounds 4. Certifications 5. Entrance sign & street signs 6. Street name approval 7. All lots shall access internal streets 8. Cul-de-sac lots must have 40' road frontage 9. Complete improvements or provide performance guarantee 11. Provide reverse frontage lot buffer along Langdon Road 12. Fee-in-lieu of open space shall be paid prior to recording 10. Provide final plat Street Disclosure Statement Certificate for street maintenance (DM Sec 7,L.i item 8) 13. Provide utility easements along all lot lines in accordance with LDC Sec. 14-75 (d)(3) 14. Coordinate with the US Postal Service for the design of and utilization of cluster box b. CBU shall not obstruct the operation and maintenance ofutility services. mail receptacle units: a. CBU shall not impede the flow oftraffic. C. CBU shall meet ADA and Fire Code requirements. Environmental Health] 15. Approval ofall lots for onsite sewage disposal or statement for each unapproved lot 16. A driveway permit and subdivision design approval must be obtained prior to 17. All design aspects oft the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures, NCDOT Subdivision Roads Minimum Construction Standards, and Policy on Street and Driveway Access to North Carolina 18. Ity will be determined at the time the driveway permit application is submitted ifany road [NCDOT] construction Highways improvements will be required [Public Utilities] 19. Stormwater & Erosion Control Permits Required 20. Stormwater Statement Required jurisdictional features and buffers. 21. Wetlands should be delineated and shown on the plan if any are present as well as any 22. Property is limited to 15% impervious area without stormwater management. 23. Construction plans will have to be submitted and approved for waterline construction. [Emergency Services] 24. Provide ai fire flow test. 25. Provide fire hydrant distribution plan/layout. E eil el Ell e G Gl B, e si eil eit ei e Gi, G ei! LOLAS Subdivision Owner: LOLAS, LLC Developer: Mattamy Homes Surveyor/Engineer: Jon Eakins (McKim & Creed) Tax ID #: 05H05030 & 05H05030C Address: 3307 Little Creek Church Rd. Latifude/Longitude: 35.58634,-78.44007 Locational Data: 3307 Little Creek Church Road (SR 1563) in Clayton Township. The proposed subdivision is served by the Claytex Fire District and the Clayton Rescue Squad. Site Data: 67.66 acres, 48 lots, (maximum allowable density: 67), water service shall be provided by Little Creek Water District and lots will bes served byi individual septic tanks, open space provided: 15.4 acres, open space required: 10.149 acres, traffic count: not available, property owners notified: 43. Additional Information: School District: The Student Generation Ratio (SGR)is 0.70. Therefore, LOLAS Subdivision will generate approximately 34 K-12 students split amongst the three The following is based on the Out-of-Capacity Table provided by ORED. schools below. District Polenta ES Swift Creek MS Cleveland HS Capacity 906 826 1274 Enrollment 986 688 1891 CTP: This portion ofLittle Creek Church Rd. does not appear on the Comprehensive Emvironmentally Sensitive District: This parcel is within the ESA, however no floodplain Transportation Plan as needing improvement. appears on the parcel. StaRecommendation: Preliminary approval subject to the following conditions andi requirements Conditions and Requirements [Planningl 1. All lots must be a minimum of4 40,000 sf. 2. Complete flood plain information 3. Metes & bounds 4. Certifications 5. Entrance sign & street signs 6. Street name approval 7. All lots shall access internal streets 8. Cul-de-sac lots must have 40' road frontage 9. Complete improvements or provide performance guarantee 11. Show to whom open space is dedicated 12. Provide 20' fee simple access to open space 10. Provide final plat Street Disclosure Statement Certificate for street maintenance (DM Sec 13. Provide utility easements along all lot lines in accordance with LDC Sec. 14-75 (d)(3) 14. Coordinate with the US Postal Service for the design of and utilization of cluster box b. CBU shall not obstruct the operation and maintenance of utility services. 7,L.i item 8) mail receptacle units: a. CBU shall not impede the flow oftraffic. C. CBU shall meet ADA and Fire Code requirements. Environmental Health] 15. Approval ofa all lots for onsite sewage disposal or statement for each unapproved lot 16. A driveway permit and subdivision design approval must be obtained priort to 17. All design aspects oft the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures, NCDOT Subdivision Roads Minimum Construction Standards, and Policy on Street and Driveway Access to North Carolina 18. Ity will be determined at the time the driveway permit application is submitted ifa any road [NCDOT] construction Highways improvements will be required [Public Utilities] 19. Stormwater & Erosion Control Permits Required 20. Stormwater Statement Required jurisdictional features and buffers. stormwater management. [Emergency Services] 21. Wetlands should be delineated and shown on the plan ifany are present as well as any 22. Property is located within the ESA and limited to 12% impervious area without 23. Construction plans will have to be submitted and approved for waterline construction. 24. Provide details on grade and access road surface meeting 75,000 Ib. weight requirement. 25. Provide cul-de-sac details. 26. Provide a fire flow test. 27. Provide fire hydrant distribution plan/layout. 6 5 I I l : I s4 : i ihestis, L LE STAFF REPORT SPECIAL USE CASE 16-04 MOD Special Use Request: Petition to modify an existing SUP located at 4407 Bizzell Grove Church Rd. int the Boon HillTownship that is zoned Agricultural Residential-Special Use District (AR- SUD). TaxI ID: 12009049F Owner: Carolina Power and Light Applicant: Tower Engineering Professionals/Duke Energy Special Use Request: To add communications tower as an allowed use to the existing SUP. Utilities & Services: Boon Hill Firel District and Princeton Rescue Squad. Existing and Surrounding Land Uses/Zoning: SUD and is used as as solar farm. Existing Land Use: Zoned AR-SUD and used for an electrical substation facility. Surrounding Land Uses: Zoned AR and used for agricultural and residential purposes. Zoned I-2 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'st technical consultant has reviewed this request. Ifa approved, the construction of the tower will have to adhere to all federal, state, and local regulations pertaining to construction and maintenance oft 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. Finding of] Facts for the Special Use Permit: . - That the use or development is located, designed, and proposed to be operated sO as to maintain or Applicant: The request is part of Duke Energy's important electric reliability promote the public health, safety, and general welfare; 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 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 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 ofl 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 towers 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 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 promote the public health safety, and general welfare. reliability and quality ofservice to customers. communication towers. Duke'sservice: area. 2. That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV oft the. Johnston County Land Development Code and the applicable specific standards 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 toweri in as 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 Dukei is authorized to do business in thes state. in section 14-257 and with all applicable regulations; 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 aj 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 As outlined in response #1, this project is important to ensure its systems operate efficiently to 4. That the use or development conforms with general plans for the physical development of the County's to maintain or enhance the value of contiguous property. meet customer needs andi is aj public necessity. Planning jurisdiction, the Design Manual, or other development policies as adopted by the Board of Applicant: The proposed tower development conforms with general plans for the physical development of the County's planning jurisdiction, as it will bei installed within Duke's existing chain-linked fenced substation and is designed to conform aesthetically 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 "improvelingl Specific Land Uses: APPLICANT: Public Utility (existing electrical substation0 & Communication Commissioners. with the other equipment within the substation. emergency response and increaseling resiliency." 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. GM % 09-SNOTEM - A 12M3AVMDYi4 374O HE 6 8 8 o - N 2 24-29 NOTICE OF PUBLIC HEARING, CASE: 24-29 (919) 989-5150 OCT/1/2024 OC1/1/2024 REZONING & SPECIALUSE Johnston County Planning & Zoning 3091 E. Market Strect, Smithficld, NC27577 Phone (919) 989-5150 Fax (919) 989-5426 pcaag 4hy APPLICATION APPLICANTINEORNLAVION Name of Applicant/Pelitioner: Ryan Woods- Tower Engineering Professionals (on behalf of Duke Energy) Mailing Address of Applicant: 326 Tryon Road, Raleigh, NC 27603 Telephone: (919)943-0397 Email: woods@lepgroup.net ROPEKIYINIOANATON Fax: Owners Namc(s): Carolina Power & Light (Duke Energy) Mailing Address of Owner:, PO BOX 1551, Raleigh, NC 27602 Telephone: (336) 706-5229 Sitc Address: 4407 Bizzell Grove Church Rd Tax ID Number: 264300-07-1602 State Road #: Township:. ZONING INFORMATION Current Zoning District(s):. AR-CZ Acres Being Rezoned: N/a SPECIAL USEI INFORMATION SUBMITTAL REQUIREMENTS . Completed Application 2. Zoning Fee: (Less then: 34 Acres: $375.00) Email AABRENceNeVON Dced Book: 00725 Requested Zoning District:, Nla Total Acres in Parcel:. 5.44 Page: 0028 List Requested Uses Public Utility (existing electrical substation) & Communications pole (3.01 -6.00 Acres: $625.00) (6.01- Acres: $1250.00 + $18.75/Acre) 3. (2)-FOLDED: 18x24 & (10)-FOLDED: 11x 17 copies of the preliminary plat Certificd" TIA required for devclopments with 100 peak hour trips or 1000 or more daily trips. Applicant's" TIA must either be performed by the County consultant, or reviewed by the County's consultant. TIA fees and/or review fccs must be paid by the: applicant. Devclopments requiring: a TIA cannot be placed on an: agenda until aTIAis Icertify on this date. 6/13/24 that all the information presented in this petition/application is accurate to the best of my knowledge, information and belief. Further, I understand thats should this petition/application be approved by the Johnston County Board of Commissioncrs, no site activity can take place until a site plan and/or any other land development permits are issued. Additionally, I allow county staff access to the petition property while conducting revicw conducte/revicved by the consultant. GIATTICATIONOFAPAPPLICANTAND/UR PROPERIYONAER of this petition. OWNER(S) SIGNATURE: PeterSokalskr APPLICANT(S) SIGNATURE: DATE: 6/13/24 DATE: Stalr Use Only: FEE: SUBMITTALDATE: RECEIVEDBY: Please records copyforyour 2024 E REZONING & SPECIAL USE Johnston County Planning & Zoning 309 E. Market Strect, Smithic,NC.27577 Phone (919) 989-5150 Fax (919)989-5426 ephnsocmPag APPLICATION VATAWIAZWVUITINCAIOANTORVIINCLIT [ol be completed for Special Use Permit) Each ofthe following "findings offac" mus! bes adequately addressed concerning the proposed spocial use or Explain how the usc/devclopment is located, designed, and proposed tol be operated so: as to maintain/promotc the Please see' "Slatement of Justification for Specific Uses" document for detailed responses (included with application). regoning petition (allach additional sheels i uessary). public health, safcty, and general welfare: 2. Explain how the development complics with: all required use andi intensity regulations oft the Land Devclopment Code, other ordinances and resolutions, and state and federal regulations: 3. Explain how the use/devclopment is located, designed, and proposed to bc opcrated so as to maintain/cnhance the value of contiguous property, or that the use/devclopment is: a public necessity: 4. Explain how the usc/devclopment conforms with general plans for the physical development of the County's planning jurisdiction: as cmbodicd in the Land Development Code, the County's strategic plan, or other development policies adopted by the Board of Commissioners: GIKTVICAVTIONOFATPLICANTAND/OK PROPERIYOWNER Icertify on this date 6/13/24 that all of these FINDINGSOF FACT" arc accurate tot the best of my knowledge, information and belicf. I have read and understand the STATHMIENTOPUNDERSTANDING on page 2. Further, Lunderstand that should this petition/application bc approved I must record a SPECIAL USE PERMIT and opcrate the use as permitted byJ johnston County. OWNER(S) SIGNATURE: PeterSokaiski APPLICANT(S) SIGNATURE: DATE: 6/13/24 DATE: SlaffUse Only FEE: SUBMITTALDATE: RECEIVED BY: Please copy.foryour records 2024 Statement of Justification for Specific Uses Property Address: 4407 Bizzell Grove Church Road Tax ID Number: 264300-07-1602 1. That the use or development is located, designed, and proposed to be operated sO as to Thc request is aj part of Dukc Energy's important clectric reliability cnhancement project that includes installation of the proposed wireless communication tower within its existing clectrical substation on the Property. This network and infrastructure upgradc is located, designed, and proposed to be operated sO as to promote the public hcalth safcty, and general 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 ofenergy grid supported by digital technology. This upgradc will provide additional sccurity for Duke assets, as thc tower will securcly transmit data to and from substations and support the smart technology improvements made to This project will enhance Duke's ability to supply power efficiently and safcly throughout the region and improve outagc 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 To accomplish thesc goals, the lower must bc tall cnough to communicate in a direct linc of sitc to other existing Duke (ower structures that connect across the State. To: sccurcly collect data and control Duke cquipment, Duke does not co-locate its equipment on non-Duke communications towers and, except in rare circumstances, Dukc does not allow co-locationon Overall, the proposed tower helps support a smarter grid and will not materially cndanger 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 2. That the use of development complics with all required use and intensity regulations of the Land Development Code, other ordimances and resolutions, and state and federal The proposed tower will be used to aid in the function oft the cxisting clectrical 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 except from FCC regulations. maintain o1 promote the public health safety, and general welfare. welfare. increase reliability and quality ofservice to customers. customers. Duke communication towers. and throughout Duke's service area. regulations. Dukcs shall maintain thc proposcd tower in a safe manner, and in compliance with all conditions of thc special use permit, without exception, unless spccifically granted relicfby thc 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, rulcs, and regulations. Additionally, the construction of the wireless tclecommunications facilities is lcgally permissible, including, but not limited to thc fact that the Duke is authorized to do business in 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 The proposed tower will be located within Duke's substation and the monopolc design was chosen as the least intrusive and most aesthetic option. The lower will nol be painted and will be constructed of galvanized steel which conforms aesthetically with the other equipment and distribution lowers in the substation. Additional compctent, 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 #I, this projcct is important to ensure its systems operate efficicntly 4. That the use or development conforms with gencral plans for the physical development of the County's plamming jurisdiction as embodied in the Land Development Code, the County's strategic plan, or other development polices adopted by the Board of The proposed tower development conforms with gencral plans for the physical development ofthe Camyphmingiaisiw. as it will bci installed within Duke's existing chain-linked fenced substation and is designed to conform acsthetically with the other equipment within the All forms of land use (residential, commercial, civic, recreational, industrial, etc.) rely on electrical powerand a stable power, grid tos support their daily needs. The proposcd lower helps ensure reliable energy and will enhance public safcly, economic development, and quality of life. Ass such, the development tofthe proposed towerisi in direct alignment with thc overarching goals of the Johnston County Comprehensive Land Use Plan, and specifically supports the goals ensuring that "utility service provision is cost-cffcctive and cquitable"and" "improv(ing) thc State. aj public necessity. to meet customer needs and is a public necessity. Commissioners. substation. emergency response and increas(ing] resiliency." TOWER ENGINEERING PROFESSIONALS Braston Newton Director Johnston County Planning & Zoning 309 E. Market Street Smithfield, NC: 27577 Subject: May 7,2024 Notification of Balloon Test 4407 Bizzell Grove Church Road Princeton, NC: 27569 (Johnston County) Duke Energy Telecommunications Facility Site: Princeton (NCPRI011) To Whom It May Concern: Tower Engincering Professionals, Inc. (TEP) has been contracted by Duke Energy to complete a Balloon Test pursuant to the Johnston County Zoning Ordinance for a proposed 124-ft AGL overall with appurtenances monopole communications tower tol bel located at 4407 Bizzell Grove Church Road, northeast ofa portion ofUS Highway 70, and northwest of Princeton, NC, on a property identified as Johnston Co., NC Parcel ID: 264300- 07-1602. Pursuant to the aforementioned Ordinance, the applicant shall conduct a balloon test near the proposed tower location to simulatc the maximum height of the proposed facility and notify the County in writing oft the TEP will be deploying an approximately 10-ft long: x 4-ft diameter brightly colored blimp between the hours of 10 a.m. to 2 p.m. on Saturday, June 1, 2024 in an open area approximately 395-ft southwest of the actual site oft the proposed tower due to active substation operations and overhead wires at the proposed site. In the event ofinclement weather, windy, or otherwise poor weather conditions, the balloon test will be held the same hours on Monday, June 3, 2024, weather permitting, or the next suitable date with favorable weather. The top of the balloon will reach a height of 124-ft above ground level (AGL) to simulate the overall height oft the proposed date and times of the test at least fourteen (14) days in advance. facility. The approximate coordinates oft the balloon test and proposed tower location are as follows: 4407 Bizzell Grove Church Road, Princeton, NC27569 Tower sitel location: N 35029' 57.53", W 78°11"35.70" (NAD 83) Balloon test location: N. 35°29' 54.88", W78011'39.40" (NAD 83) Please feel free to contact me ify you have any questions or concerns regarding the balloon test. Sincerely, A. Malek Ee Ryan Tower Engineering Professionals, Inc. 326 Tryon Rd. Raleigh, NC27603-3530 0)(919) 661-6351 F(919)661-6350 malekatepgroup.net DUKE ENERGY 5/29/2024 To: Johnston County Land Use Center 309 E. Market Street Smithfield, NC: 27577 From: Duke Energy Buster Allen Enterprise Communicationsl Improvement Cambium Tower Projects RE: Replacement of Princeton 115 Substation Communications Tower Statement of Need To whom it may concern: Duke Energy has submitted a special use permit application with. Johnston County for a wireless communication new tower at 4407 Bizzell Grove Church Road, Princeton, North Carolina. Pursuant to section 14-257(0)(20) an applicant must place a county bond or other security when construction constructing a wireless support structure. The bond is to remain in effect throughout the term oft the As al North Carolina utility regulated by the North Carolina Utilities Commission Duke seeks a waiver from this requirement. This end, Duke states thati it is required byi its licensure to ensure the removal of any abandon or discontinued infrastructure items. Also, as a public utility, Duke Energy is equivalent toa governmental entity, which are not required to adhere to this bonding requirement. Duke Energy's use of itst tower will ber noncommercial in nature. Noi income or revenue willl be derived from such use. The tower serves to: support Duke Energy'ss Smart Grid program, that will allow for communications with Duke personnel during periods of emergency: and when cell service is otherwise not available. This tower also supports the continued efforts to improve the security of Duke Energy's substation network. For these reasons, we request that this provision be waived or determined to be not applicable to a North Carolina utility. Int the alternative, the Board can assign reasonable conditions to an approval and an amount could be noted ift the tower is abandoned and not removed within a certain timeframe. special use permit authorizing the tower construction. Sincerely, Buster Allen Sr. Project Manager ECI-Cambium Tower Site Princcton 115kV Sub - Duke Energy RelicfRequest May 31, 2024 Page 1 ofl TOWER ENGINEERING PROFESSIONALS Subject: Site Name: Princeton 115kV Sub- - Monopolc Proposed Duke Energy Monopolc 4407 Bizzell Grove Church Rd, Princeton, NC 27569 Special Use Permit - Requested Relief Per LDC $ 14-257(0)(26) Proposed Relief Request: Dukc Energyi is proposing toi install a monopole on thcir cxisting substation: at 44071 Bizzell Grove Church Rd in Princeton, NC. Dukci isi installing ay wircless nctwork devicc and utility pole as! part ofi its communication nctwork to securely transmit data to andf firom substations, and tos support smart technology improvements Dukc has madc at these locations toi increase reliability and quality of scrvicc to customers. Duke's previous communications provider will no longer be offering communication services tol Dukc Energy, so thesc upgrades arc important to cnsurc its systcms Per Johnston County's Land Development Code ("LDC") al landscaped buffer yard: and: 3", party co-locations are required. Dukc Encrgy would likc to request relicf regarding thosc relcvant provisions of thc LDC duc to the following Dukc Energy requcsts relicf firom the landscapel buffering requirements ofSection 14-257(0) at the Property duct tos security and safety concerns and to ensure reliability and quality ofs servicc to customers. Landscaping creates limited visibility into the substation. Duke'st technicians must have visibility into thel Property to ensure: safc and unobstructed: access prior to crew beginning worki inside the Landscaping, specifically trees, create areas for and encouragc animals to nest near the substation. In addition, thel height oft the trees could allow animals to circumvent the fencing and gain access to the Duke Energy requests relief from the co-location requircments of Section 14-257(0) for similar safety and The pole willl be located within Duke's activc clectrical substation. Allowing un-trained, 3", party Thc polc willl havcs structural capacity for additional co-locations per. Johnston County'sLDC. However, tos sccurely collect data and control Duke Energy cquipment, Dukc docs not co-locate its cquipment on non-Duke Energy communications towers and, exccpt ini rarc circumstances, Duke docs operate efficiently to mect customer nceds. characteristics oft thel Property: substation. site ande equipment. security reasons. technicians into thes substation isal larges safety ands security risk. not allow co-location on Duke Energy communication towers. Considering these factors and the significant impacts they have on reliability, Duke Energy would like to request Ify you have any questions, feel free to contact me ati my direct number: (919) 943-0397 or correspond at the email reliefregarding the landscaping standards typically required for tclecommunication. sites. address shown below. Sincerely, Ryan Woods voods@lepgrowp.net Tower Engincering Professionals 326 Tryon Road, Raleigh, NC 27603-3530 o) 919.661.6351 919.661.6350 gomns@iepgroup.net; www.tepgroup.ner STAFF REPORT CONDITONALZONING CASE: 24-27 Rezoning Petition: Petition to rezone a 43.28 acre tract located in the 11700 Block ofCleveland Rd. in the 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 Utilities & Services: McLemore Fire District and CNS Rescue Squad. Existing and Surrounding Land Uses/Zoning: Existing Land Use: Zoned Agricultural Residential (AR) and used fort those purposes. Surrounding Land Uses: Zoned AR and used for residential and agricultural purposes and also an 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 needingi improvement. Land Use Plan: This area is located within a designated "Regional Mixed Use" Future Land Use Placetype in thel Envision Johnston 2040 County Comprehensive Land Use Plan. These centers are intended to be centers ofactivity that include a mix ofretail, restaurants, service, civic and institutional uses. Residential units may be at the periphery ofc development but are not the primary use. Staff Comments and Recommendation: Number of notices sent: 10. ATIA was completed and recommendations. have been added to the conditions. STAFF RECOMMENDATION: APPROVAL based on the following consistency statement. 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 ofa 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 bes served by county water: and sewers 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. Thei 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 thes site without over burdening community roadways. Any new public interior streets willl be constructed to meet NCDOT requirements and coordinate with the STIP U-6208 2. That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV ofthe. Johnston County Land Development Code and the applicable specific standards in section 14-257 and with 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 ofl land-use and density suited for an interstate interchange while still prohibiting uses that would be inappropriate ori incompatible 3. That the use or development is located, designed, and proposed to be operated sO as to maintain or enhance the Applicant' The site will act as a transitional areal between thei interstate and the neighborhoods along Cleveland Rd. Minimal single-family residential exists directlya adjacent to the property. A5+a acres easement containing high-tension electricals dissects the site. The type of easement is better suited to be integrated within 4. That the use or development conforms with general plans for the physical development oft the County'sl Planning jurisdiction, thel 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" foreach parcel. These designated areas are intended tol be a mix of retail, restaurant, service, office, future connector. all applicable regulations; for the nearby elementary school. value of contiguous property, or that the use or development is aj public necessity; commercial uses. 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 Applicant: Thej purpose of the district is to provide locations for: a variety ofl 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 allowed within the conditional zoning district. listed on Exhibit A. 2. Conditions to apply to the conditional zoning district: Within a Conditional Zoning District, additional conditions adrequirements may be addedwhich may assis! in mitigating the impacis the development. may have on the. surrounding commnily and the environment. Siaff the Plaming Board, and BoalofCommisioners 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 fori 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 willl be prohibited: 121 Bar/Club, 941 Pawn Shop, 1SSewllyOrismahalat. Business. Conditions: 1. Development of this property shall bei 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 fori 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 ofUses chart will be allowed with the exception oft the following, which will be prohibited: 12 Bar/Club, 941 Pawn Shop, 115 3. A Class B (2 large trees, 3 small trees, and 9: shrubs every 100 linear feet) landscape buffer shall bei installed along all conditional zoning lines. All buffers must be placed outside ofa any fencing. 4. The development shall conform to all requirements oft the. Johnston County Land Development Code. 5. Applicant shall submit a detailed site plan for review and approval by the Planning and 7. All structures must comply with all rules enforced by Federal, State, and Local agencies. Sexualy-Onente/Adulr Business. (Proposed by Applicant) (existing vegetation may be used) Zoning Department Staff. 6. All signage shall comply with the. Johnston County sign code. 8. Secure an NCDOT driveway permit. 9. TIA requirements & recommendations: INTERSECTIONS/SIIE ACCESSES. AND. ASSOCIATED IMPROVEMENTS Cleveland Road at West View Elementary School Driveway/Marvin Farm Road (Future Cleveland Connector) - Phase 1 Future Cleveland Connector one Right-Turn Lane. West View Elementary School Driveway WB Cleveland Connector- - 300' Left-Turn Lane, one shared Thru/Right Lane, and EB School Driveway - Restripe to provide 175' Thru/Right-Tumn Lane and Left Turn With school driveway modifications being proposed, MSTA has been consulted on NB Cleveland Road- 150' Right-Turn Lane with appropriate deceleration Modify the existing traffic signal to accommodate the additional laneage. Cleveland Connector and Site Drive 1 (Marvin Farm Road)- Lane. Cleveland Road this change and additional comments may follow. and taper length. 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 2-1 Phase 1 Site Drive 2 Two-lane cross-section; one ingress, one egress Egress: Lef/Thru/Right-Tum 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 4-1 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. CRESTWOUD: CT GN SHIPAN ned GRESIWOOD @ 24-27 NOTICE OF PUBLIC. HEARING/ CASE: 24-27 The ee PIER Phgcns (919). 989-5150 OCT7/2024 OCTA M2074 REZONING & CONDITIONAL ZONING APPLICATION APMACANTIN/ONMAION Johnston County Planning & Koning 3091 E. Markct Strect,Smithfield, NC27577 Phonc (919) 989-5150 Fax (919)989-5426 rplmsoncm/P.mag Name of Applicant/Pelitioner, Hla-lemmatanemetta: PATRICK RILEY Mailing Address of Applicant:. 10/01-len-emRemtpsaegrNGGE 49 RIVER RIDGE WA, WILLOLS SPRANG,NC Telephonc:. (919)805-1893 AOPAKTTINIONMATION Patrick Riley Bedrock Faxt! none 27592 Email ule/@nvestpediock.com Investment Group, LLC Owners Name(s):. DorthyHall, Joan & Glenwood Parrish & James Hall Mailing Address of Owner:, 10701 Ten Ten Road, Raleigh, NC27603 Site Address: 11734 Cleveland Road, Garner, NC 27529 Tax IDI Numbert 06E02076, 06E02015A, 06G05014, 06E02015 Telephoner (919) 805-1893 State Road !: SR-1010 Garner Township:. ZONINGI INFORMIATION Current Zoning District(s): AR Acres Bcing Rezoned: 43.28 acres Email:_ loy@hnvastpodroak.com DB06475 PG0326; BB05591 PG0793; DB 00888 PG0400 Dced Book: lage: Requested Zoning District: GB-CZ Total Acres in Parcel:, 43.28 acres CONDITONALZONINGINIORMATION (Ifrequesting Conditional Zoning, please fill out this section and Pages2-3. List Requested Uses: SEE EXHIBIT AATTACHED. UMTALNICUALINAN Completed. Application . Zoning Fee: (Less then3 3 Acres: $375.00) (3.01 -6.00 Acres: $625.00) (6.01+ Acres: $1250.00 + $18.75/Acre) 3. (2)-FOLDED. 18x24 & (10) -FOLDED 11x1 17copics of the preliminary plat Certified' TIA required for developments with 100 peakl hour trips or 1000 or more dailytrips must cither be performed byt the County consultant, or revicwed by the County's consultant. TTA fces and/ori review fees must be paid by the applicant. Developments requicinga a TIA cannot be placed on an: agenda untila' TIAis conducted/icvicved. by the consultant. Icertify on this date. 8.27-24 oft this petition. OWNER(S) SIGNATUDE: SMAN Aaan Paunéh, Hen Pomo Oals0y WAQOw frstee APPLIÇAINT(S) SIGNATURE: Pay Staff Use Only GIRITCATIONOFADPACANIANDVORK PROPERIYONNER that all the information presented in this petition/application is accurate to the best of my knowledge, information and belicf. Further,I understand that should this petition/application be: approved by the Johnston County Board of Commissioners, no site activity can take place until a site plan and/or any other land development permits arc issued. Additionally, I allow county staff access to the petition property while conducting revicw DATE: R1ay DATE: 8-29-24 NL fhnos Pb FEE: SUBMITTALDATE: RECEIVEDBY 24-87 Pleuse copyforyour records 2024 REZONING & CONDITIONAL ZONING APPLICATION Johnston County Planning & Zoning 309 E. Market Street, Smithfield, NC27577 Phone (919) 989-5150 Fax (919)989-5426 phasoca/paang A COMPLETE. FORCONDITIONALZONINGAPPLICATION Board in determining its ecommendation. public health, safety, and general welfare: SEE ATTACHED RESPONSE The applicant must anser thefollowing questions and provide adequate explanation and docmentalion, foreach. These questions avill be used as guidelinesfor the Planning I. Explain how the usc/devclopment is located, designed, and proposed to be operated so as to maintain/promote the 2. Explain how all uses permitted under the proposed new district classification are appropriate for the neighborhood or area: 3. Explain how the usc/devclopment isl located, designed, and proposed tol be operated so as to maintain/enhance the character of the neighborhood, and that the use/tevelopment isal public necessity: 4. Explain how the proposed zoning change is consistent with the Johnston County Comprchensive Land Use Plan: and other adopted plans and policies: Proposed Conditional Zoning District Information: 1. Pleasc provide the purpose of the district, a project narrative, and: al list of proposed land uses tol be: allowed within the conditional zoning district. SlafUse Only: FEE: SUBMITTALDATE: RECEIVEDBY: Please copyf foryour records 2024 REZONING & CONDITIONAL ZONING APPLICATION Johnston County Planning & Zoning 309 E. Market Strect, Smithfield, NC27577 Phone (919) 989-5150 Fax (919) 989-5426 phsocom/Pang A Conditions to apply to the Conditional Zoning District: any conditions that you propose, as the applicant, below. Within: a Conditional Zoningl 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 SEE EXHIBIT A ATTACHED. StaffUse Only FEE: SUBMITTALDATE: RECEIVEDBY: Please copyfory your records 2024 REZONING APPLICATION RESPONSES 1. Explain how the use/development is located, designed, and proposed to be operated sO as to 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 Road. This intersection is less than 1,000ftfrom the new I-40 & Cleveland Road 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 2. Explain how all uses permitted under the proposed new district classification are appropriate for 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 3. Explain how the use/development is located, designed, and proposed to be operated sO as to maintain/enhance the character of the neighborhood, and that the use/development is a public The site will act as a transitional area between the interstate and the neighborhoods along Cleveland Road. Minimal single-family residential exists directly adjacent to property. A. 5+ acres easement containing high-tension electricals dissects the site. This type of easement is better: suited to be 4. Explain how the proposed zoning change is consistent with the. Johnston County Comprehensive 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 1. Please provide the purpose of the district, a project narrative, and al list of proposed land uses tol be 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. maintain/promote the public health, safety, and general welfare: coordinate with the STIP U-6208, future connector. the neighborhood or area: the nearbyelementary: school. necessity: integrated within commercial uses. Land Use Plan and other adopted plans and policies: institutional uses. allowed within the conditional zoning district. ExhibitA General Business - Conditional Zoning! District (GB-CZ) Caset #> XX-Zoning Conditions of Approval 1. Development of the property shall be in substantial conformancer 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 fori illustration and context only. Final locations of buildings, lot lines, lot sizes, stormwater devicos, utilities, NCDOT STIP Road Project Alignment, and use types shall be determined at 2. Thef following uses shall be considered prohibitedi in the overall district: 12 Bar/Club, 3. Thef following uses shall be considered allowed byr right in areas identified as' PARCELS' within this General Business Conditional Use District; 9- Bakery, 2-Capmot/Woodwonang Shop, 20- Building Materials/Supples, lumberyards, 60- Glass/Miror/Window, Blind/Awning/Tile, 107- Research/Deyalopment Facility, and 116- Shopping Center. AlL outdoor: storage shall have opaque screeningt from public view or from adjacent propertios. 4. Uses 132- -Warehousing Facility /Wholesale Establishment, 133-V Warehousing uses, and conditional zoning district are allowed a max square footage of 60,000: square foot of 5. Multi-family units shall be allowed by right at 8 Dwellingu units per acre. No more than 48 units total are allowed int the overall district. Multi-family units may be allowed withina a subsequential: stages of approval. 94 Pawn: Shop, 115 Soxualy-Orented/Adutr Business. 107- ospareh/Doyalopment buildingf footprint. areas Jo Facility, in identified as' PARCELS, within this mixed use or commercial building. These zoning conditions have beeny voluntarily offered byt the property-owner. N.C. Gen. Stats 160D-703(b). Signature:. fa fansl Date: 8-27.24 mL Signature: somsisa Dlenah 927.24 Date Dater 827:24 Semalolan CLEVELAND ROAD COMMERCIAL SBDV EXeDIB-CONCEPIUAL: SUBDMSIONPIAI FRANK LANDI DESIGI, PC STAFF REPORT CONDITIONAL ZONING CASE: 24-31 Rezoning Petition: Petition to rezone a. .515 acre tract located at 2893 Cornwallis Rd. int the Cleveland Township from Agricultural Residential (AR) to General Business-Conditional Zoning (GB-CZ). Tax ID: 06E02008A Owner: Danny &. Jeanne Lee Applicant: Danny &. Jeanne Lee Conditional Zoning Request: Insurance office Utilities & Services: McLemore Fire District and CNS Rescue Squad. Existing and Surrounding Land Uses/Zoning: Existing Land Use: Zoned Agricultural Residential (AR) and is a vacant residence. Surrounding Land Uses: Zoned AR and used for residential and agricultural purposes and also an elementary school. Zoned GB and is a Hardee's and also a vacant lot. Traffic Concerns: Traffic count for this portion ofCornwallis Rd. is 7,500 vpd (2023). This portion ofCornwallis Rd. appears on the Comprehensive Transportation Plan as an existing boulevard needing improvement. Land Use Plan: This area is located within a designated "Medium Density Residential" Future Land Use Placetype near a Neighborhood center placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan. This denotes an area in which residents have options for living close toj jobs, shopping, and services. StaffComments and Recommendation: Number of notices sent: 4. STAFF RECOMMENDATION: APPROVAL based on the following consistency statement. Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that it is located within a designated "Medium Density Residential" Future Land Use Placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan. This denotes an area in which residents have options for living close to jobs, shopping, and services. The request is reasonable in that the proposed zoning is compatible with surrounding land uses and zoning districts. Conditional Zoning Applicant Questions: 1. That the use or development is located, designed, and proposed to be operated so as to maintain or promote the Applicant: The proposed use is an office for Danny Lee Insurance. The proposed location is near a mostly commercial intersection ofCornwallis Rd.: and Cleveland School Rd. Thel locationi is being restored to help the curb appeal of the site. Thel hours ofc operation willl be M-F 9-5, therefore, not creating traffic issues. Not going public health, safety, and general welfare; to be: any issues about traffic. 2. That the use oft the development appears to comply with all required use and intensity regulations of Articles II & IV oft the. Johnston County Land Development Code and the applicable specific standards in section 14-257 and with Applicant: By improving the appearance of the location and beautifying the location will only make the 3. That the use or development is located, designed, and proposed to be operated sO as to maintain or enhance the Applicant The office hours will be from 9-5 Monday-Friday. Having a local insurance office to acquire and 4. That the use or development conforms with general plans for the physical development ofthe County's Planning jurisdiction, the Design Manual, or other development policies as adopted byt thel Board ofCommissioners. Applicant: The only changes to the proposed site is the parking which will be minimal. all applicable regulations; community look better. value ofc contiguous property, or that the use or development is a public necessity; maintain needed insurance for different situations. Proposed Conditional Zoning District Information 1. Please Provide the purpose oft the district, a project narrative, and al list of proposed land uses to be Applicant: To make the community more: attractive to consumers. Toj provide a safe and desirable allowed within the conditional zoning district. business office to conduct the business ofi insurance. 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 surounding communily and the environment. Staff the Plaming Board, and Bom@/Commisionens may propose additional conditions during the reviewprocess. Please list any conditions that you) propose, as the applicant, below. Applicant: 1. Implement parking area. 2. Handicap ramp to enter facility ifneeded. 3. Landscaping to improve appearance. Conditions: 1. Permitted uses: Insurance office. (Proposed by Applicant) 2. Implement parking area. (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 on the North, East, and West and a class A buffer must be placed on the south which is adjacent to another GB district. All buffers must be placed outside of any 5. The development shall conform to all requirements of the. Johnston County Land Development Code. 6. Applicant shall submit a detailed site plan for review and approval by the Planning and fencing. (existing vegetation may be used) (Proposed by Applicant) 4. Hours of operation 9am-5pm Monday-Friday. (Proposed by Applicant) Zoning Department Staff. 7. All signage shall comply with the. Johnston County sign code. 8. All structures must comply with all rules enforced by Federal, State, and Local agencies. 10. Driveway apron must be paved through NCDOT right-of-way. (Proposed by NCDOT) 9. Secure an NCDOT driveway permit. / No SSEMUIOD E 1 3 * N 4 N 8 3 N a 24-31 NOTICE OF PUBLIC HEARING/ CASE: 24-31 The Johnston For County Information Planning Please sZoningpepriment Contact (919) 989-5150 NOV/7/2024 NOV/ REZONING & CONDITIONAL ZONING APPLICATION APPLICANT! INFORMATION Johnston County Planning & Zoning 309 E. Market Street, Smithficld, NC27577 Phone (919) 989-5150 Fax (919) 989-5426 phoncompng 4B Name of Applicant/Petitioner, Donny 4 Siont Lek Mailing Address of Applicant: 4916 Lue On Garhe, N.C. 27529 Telcphonc:. 914-818-2081 1914-427-4479 Email:_ Dstlas Owners Name(s):. Daaay TGane Lee Telcphone:_ 919-868-2081 Tax ID Number: State Road #: 1525 Township: Aleulead AUNNCINPORALATION Current Zoning District(s):. Acres Bcing Rezoned: 0,515 Fax: PROPERTY INFORMATION Mailing Address ofOwner:. HAI Lu Dr. Garnr,N.L. 27509 Site Addresste 22893 Lornucllis Rebd Ger,N.L 27509 914-427-4477 Email Danny edyplehacasas Deed Book: 6708 Paget 210 Requested Zoning District:. GB-CL Total Acresi in Parcel: ais 0.575 CONDITIONAL ZONING INFORMATION (Ifrequesting Conditional Zoning, please fill out this section and Pages 2-3.) List Requested Uses: Lencceihd Dlbi bellag SUBMITTAL REQUIREMENTS 1. Completed. Application 2. Zoning Fee: (Less then 34 Acres: Dhys - 56 1:y4 9MS pe C 305 $375.00) (3.01 -6.00 Acres: $625.00) (6.01+ Acres: $1250.00 + $18.75/Acre) 3. (2)-FOLDED: 18x24 & (10)- - FOLDED: 11x1 17 copies of the preliminary plat Certified' TIA required for developments with 100j peak hour trips or 1000 or more dallyatips. ApplicanTIA must cither be performed by the County consultant, or reviewed by the County's consultant. TIA fces and/or review fees must be paid by the applicant. Devclopments requiring a TIA cannot be placed on an agenda until: a' TIAi is conducted/reviewed by the consultant. CERTIFICATION OF/ APPLICANTAND/OK PROPEKITONNER Icertify on this date. oft this petition. OYIEROSIGNATURE: he APPLICANT(S): SIGNATURE: eth Staff Use Only: that all the information presented in this petition/application is accurate to the best of my knowledge, information and belief. Further, understand that should this petition/application be approved by the Johnston County Board of Commissioners; no site activity can take placc until a site plan and/or any other land devclopment permits are issucd. Additionally, I allow county staff access to the petition property whilc conducting revicw Pgpelay DATE: FEE: SUBMITTALDATE: RECEIVEDBY Please copyforyour vecords 2024 REZONING & CONDITIONAL ZONING APPLICATION Johnston County Planning & Zoning 3091 E.i Market Street, Smithfield, NC27577 Phonc (919) 989-5150 Fax (919)989-5426 psoncum/Pamaing COMPLETE FOR CONDITIONAL: ZONING/ APPLICATION Board in determining its ecommendation. public health, safety, and gencral welfarc: The-pieplil, WSL 0A olau foc hop Th laislea's blis ab apeahonl be eE 95 Nok gento be many issnes sby The applicant must ansiver thefollowing questions and provide adequate explanation and documentation, for each. These questions avill be usedas guidelines for the Planning 1. Explain how the use/development is located, designed, and proposed to be operated so as to maintain/promote the 15 nafn dafceatiel, Ap W fornpsls Bashasd Eabiloau The E sile haus Hos ehafh Ssues. rsdanha helyHe piba, 2. Explain how all uses permitted under the proposed new district classification: are: appropriate for ther neighborhood or H appenaLL ofHe lechaankmlly K lctinll 244 F L cpnaisny lek bethr 3. Explain how the use/development is located, designed, and proposed to be operated so as to maintain/enhance the insulaai oHhc to acpic calmaiataic 4 HIn ther ncighborhood,ande that thepse/levelopment is a public necessity: hows . be heay 4-Aechy - 7ke a lausl 4. Explain how the proposed zoning changei is consistent with the) Johnston County Comprchensive Land Use Plan and hla thengis We prapasedaie 1s Hpackiy hehllhemhsl, other adopted plans and poljcies:, Proposed Conditional Zoning District Information: 1. Please provide they purpose oft the district, a projcct narrative, anda a list of proposed land uses tol be allowed within the To hake 7 Goaatahy erk ahrachve h Coasnersa Taksskn dic.rbk bwsiai5s clln h coadlh bmaen!ss eEisemk. conditional district. StaffUse Only: FEE: SUBMITTAL DATE: RECEIVED BY: Please copyforyour records 2024 REZONING & CONDITIONAL ZONING APPLICATION Johnston County Planning & Zoning 309 E. Market Street, Smithfick, NC27577 Phonc (919) 989-5150 Fax (919) 989-5426 phmsoncm/Paang A 2. Conditions to apply tot 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 thc environment. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. Pleasc list any conditions that you! propose, as the applicant, below. T TPnleda h cahche elhy ho Kadkigpy piore Ke appicstk. StaffUse Only: FEE: SUBMITTALDATE: RECEIVEDBY: Please copyforyour records 2024 PLess ISIHL RESN RL ELESE / 077 SNO SSA2-7 ww3 SAI N: twHEYVtwSOVA, STAFFI REPORT TEXT AMENDMENT24-02 Text Amendment Request: Sect. 14-89: Amend table to allow Multi-Family uses int the GB district not greater than 15 units per acre AND allow Townhome uses int the GB district not greater than 61 units per acre, such uses being allowed only as a Conditional Zoning (CZ) District and when consistent with the County's adopted Land Use Plan and/or considered appropriate by the County Commissioners. SEE. ATTACHED PROPOSED AMENDMENTTOTABLE OFI RESIDENTIALUSES CHART PETTION TO AMEND TEXT OF THE JOHNSTON COUNTY LAND DEVELOPMENT CODE General Information Johnston County Planning and Zoning Department 309 East Market Street, Smithfield, NC27577 Telephone (919) 989-5150 Fax (919)989-5426 pcmccompamng Petitioner: Catfish Real Estate, LLC Address: 1201 Oakfield Drive, Suite 109, Brandon, FL33511 Telephone number: 727515-3200 Email: shove@mac.com Justification of Amendment (use additional pages if necessary) Briefly describe situation which prompted this petition:, Creates a Conditional Zoning District as a path to permit Multi-Family in GB Zoning when consistent with Land Use Plan or as appropriate Section of ordinance for which amendment is being requested: Sect. 14-89 Table of Residential Uses Please state proposed amendment text:. Sect. 14-89: Amend table toa allow Multi-Family uses in the GB district not greater than 15 units per acre AND allow Townhome uses in the GB districtnot greater than 6u units per acre, such uses being allowed only as a Conditionalz Zoning (CZ) District and when consistemrwitirtiteComyymdbopettmedUstPmramdfor consideredapproprtiab/thcfoumyyCommisioners: Icertify that the information stated in this petition is accurate to the best of my knowledge. la also understand that all information in this petition is subject to review by any member of the public, Planning and Zoning Department Staff, and the Johnston County Board of Commissioners. Pettigpeg/Prgperty Owner 24 5209 Date siaz 1:00! hg Staff Use Only; CASE NUMBER: FEE: $250.00 SUBMITTAL DATE: RECEIVED BY: Please copy for your records Smhmir Bv Kmaill u STAFFI REPORT CONDITIONALZONING CASE: 24-28 Rezoning Petition: Petition to rezone 19 acres ofa30.8 acre tract located int the 16000 Block ofNC HWY 50i in the Cleveland Township from General Business (GB) to General Business-Conditional Zoning (GB-CZ). Tax ID: 06D01026R, 06D01026C Owner: Catfish Real Estate, LLC Applicant: Catfish Real Estate, LLC Conditional Zoning Request: Multi-Family Apartments 50/2101 Firel District and Rescue Squad. Existing and Surrounding Land Uses/Zoning: Utilities & Services: Existing Land Use: Zoned General Business and is used for a shopping center. Surrounding Land Uses: Zoned AR and used for residential and agricultural purposes. Zoned General Business Special Use District (GB-SUD) and used as a shopping center. Zoned General Business (GB) and used as a gas station/convenience store and a grocery store. Zoned MHPD and isa Mobile Home Park. Traffic Concerns: Traffic count fort this portion ofNC HWY 50i is 12,000 vpd (2023). NCI HWY 50 appears on the CTP as an existing major thoroughfare needing improvement. Land Use Plan: This area is located within a "Neighborhood Center" future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan. Staff Comments and Recommendation: Number ofnotices sent: 8 STAFF RECOMMENDATION: Denial, due to lack of downstream sewer capacity Consistency Statement This request is inconsistent with infrastructure in that there is lack of downstream sewer capacity. Conditional Zoning Applicant Ouestions: 1. That the use or development is located, designed, and proposed to be operated so as to maintain or promote the Applicant: Other than any pecificaly-regueste. exceptions to standards, the development plan will otherwise be required to meet all applicable standards, regulations & codes which are in place to help ensure that NO detrimental impacts or dangers are incurred. Concerns related to the environment, stormwater, traffic, etc. are either addressed directly on the attached preliminary site plan, or shall be addressed with future submittal of construction drawings, all prior to any construction taking place (some of those concerns are: also addressed below). All applicable regulations shall be met or exceeded by the proposed development. Furthermore, because this is a Conditional Zoning request, any specific public health, safety, and general welfare; concerns by the municipality may also be addressed through the conditional zoning process. 2. That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV oft the Johnston County Land Development Code and the applicable specific standards in section 14-257 Applicant: The only proposed use for this request is a mixed-use apartment development as identified on the plan behind a proposed Publix grocery store site (currently under construction). The immediate and surrounding area at the intersection of NC 50 and NC 42 is designated as a "Neighborhood Center" as identified in the County's 2023-Adopted Comprehensive Land Use Plan (ref: Map-Appendix B). That plan recommended mixed uses at commercial activity nodes (ref: Goal LU-2) where such mixed developments might be ...anchored by a village center comprised of commercial, civic, and residential uses..." which is precisely what this plan does. The Land Use Plan also recommended that the zoning ordinance be amended to create districts for higher densities and a mix of uses (ref: Goal LU-4) in these Neighborhood Centers and in developing areas with adequate infrastructure. This plan is consistent with these recommendations in the Land Use Plan for this neighborhood activity node. The problem is the zoning ordinance has still NOT been amended to create these zoning districts for such higher-density and mixed uses; which is why we feel the best "tool" to accomplish this (until such ordinances can be established) is through the Conditional Zoning 3. That the use or development is located, designed, and proposed to be operated sO as to maintain or enhance the Applicant As described above, this area has already been identified in the County's Land Use Plan as a Neighborhood Center Activity Node, designed for a mix of commercial and higher density residential uses. The location and design of the proposed apartments located (behind the proposed Publix site and its outparcels) is an ideal location for promoting connectivity between living space and commercial services while tucking the development in a location that is least intrusive to the surrounding area. Because the apartments will be accessed through the Publix site with heavy buffering around the North and East, makes it less visible to surrounding properties. Additionally, a traffic impact study performed for the greater Publix development plan INCLUDED this type of higher-density residential development within thes study. So, all traffic impacts are already accounted for within the greater Publix development plan and any relevant road improvements associated with the overall master plan. The proposed use is also consistent with existing and surrounding land uses. In order to provide the much needed "balance" of commercial services to residential living space, we feel this development will certainly be a public 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: Please see nstificeations/Answers 2 & 3 above. The responses above emphasize precisely how this plan is consistent with the Land Use Plan, with specific references to examples in the Land and with all applicable regulations; district process. value ofcontiguous property, or that the use or development is a public necessity; necessity. Use Plan. Proposed Conditional Zoning District Information 1. Please Provide the purpose of the district, a project narrative, and al list of proposed land uses to be Applicant: Thej purpose of the Conditional Zoning request is simply to allow a single use for Multi-family apartment behind a previously approved Publix grocery store site with outparcels, effectively creating a built-out mixed use commercial and residential allowed within the conditional zoning district. development. Such a development is actually encouraged and recommended for this mixed use activity node as identified on the County's Land Use Plan. But even though the Land Use Plan recommended that zoning districts be created for such areas, no such districts have yet been implemented by the County. Therefore, this Conditional Zoning request is being used to request a GB-CZ district that would allow the use to be permitted by the County. Wei feel the apartment use is less-intense than many other type uses allowed in the general GB: zoning district and more compatible with thei intentions of the] Land Usel Plan which promotes a mix of commercial and residential in this area. As mentioned, no other uses other than multi- family apartments is being proposed for this conditional zoning district. 2. Conditions to apply to the conditional zoning district: Within a Conditional. Zoning District, additional conditions andi requirements may be added which may assis! in mitigating the impacis the development may have on the surrounding commnily andi the environment. Siaff the Plaming Board, and Board ofCommissioners. may propose additional conditions during the review process. Please list any conditions that you propose, as the applicant, below. Applicant: None at this time. Conditions: 1. Proposed uses: Mull-amily/Aparmens, (Proposed by applicant) 2. The development shall conform to all requirements oft the Johnston County Land 3. Applicant shall submit a detailed site plan for review and approval by the Planning and 4. All structures must comply with all rules enforced by Federal, State, and Local agencies. Development Code. Zoning Department Staff. NGSOHWyN U C0 9 24-28 NOTICE OF PUBLICHEARING CASE: 24-28 sZenigDapane (919) 989-5150 OCT/1/2024 OGT/1/2024 OGTT2024 OCT/1/2024 REZONING & CONDITIONAL ZONING APPLICATION UTACININTONCTION Johnston County Planning & oning 3091 E. Market Strect, Smithficli, NC27577 Phonc (919) 989-5150 Fax (019) 989-5426 plmosm., Name of Applicant/Peliloner, Catfich Real Estate, LLC Mailing. Address of Applicant:, 1201 Oakfield Drive, Suite 109, Brandon, FL 33511 'Telephonc:, 727 51.5-3200 Email: nhoveamad.com AOPARPNIONLANTION Fax: Owners Namc(s):. Catfish Real. Estate, LLC Mailing Address of Owner:. 1201. Oakfield Drive, Suite 109, Brandon, FL 33511 'Telephone, 727 51.5-3200 'lax ID Number: 06D01026R 06D01026C State Road #k NC Hwy 50 'lownship:. C..eveland ZONING. INFORMATION Curtent Zoning District(s):. GB Acres Being Rezoned: 19.0AC Email: shove@mac. .com Site Aahieisop,1s0pa,laao.an0.el4.1610,1613.1626 NC Hwy 50, Garnor, NC 27529 Deed Book: 6373 Requested Zoning) District:, GB-C4D Total Acresi in) Parcel:. 30.81 Ac Pagen Pages 766,784,779 ZONINGI INFORMATION TrucgcoAnA pleel flloutthis ctordPu2a List) Requested Uses: mti-ralyApartmmtn SOBMHITAL REQUREMENTS 1. Completed. Application 2. Zoniug Pcc: (Less then 3. Acres: $375.00) (3.01. -6.00 Acres: $625.00) (6,01-- Actes: $1250.00 + $18.75/Acre) 3. (2)-TOLDED. 18x?4 & (10)-FOLDED: 11x17 copico oft the preliminary plat 4. Certified' TIA sequited for developments with 100 peak) hour tips or 1000 or more daily teips, must cither be performed by the County consultant, or revicwed by the County's consultant. TIA fees: and/ori review. fccs must be paid by ther applicant. Developments requitinga'l TIA cannot be placed on an agenda until a' TIAis conducte/revicwedl by the consultant. CERTIHICATIONI OR APRICANTAN Icertify on this date, 831251 that all the information presented in this petition/Application is accunte to the best of my) knowledge, ihfonmation and belicf. Further, I undersland that should this petition/mpplication he approved hy the Johnston County Board of Commissioners, no site activity can take place until a site plan and/or any other land development permits are issued. Additionally, I allow county staff access to the petition propetly while conducting tevicw ofthis petition. DATE: DATE: y Fyw syzy APPICAN(S) SIGNATRE: Slaf'Uso Onby EE: SUBMITTALDATE: RECEIVEDBY: Please rofyoryourronls 2024 REZONING & CONDITIONAL, ZONING APPLICATION Johnston County Panning & Zoning 309) B. Market Strect, Smihieh,NC27577 Phonc (919) 989-5150 Fax (919) 989-5426 plmsocag COMPIETETORG CONDITIONALEZON/ANAONINGAPDACNION Boardl in determining its yocommondation. public health, safcty, and general welfare: The applicunt anust anSnEP thefollonving questions and provide adequate axplanation mufhomataleperemah These questions wvill be used as guidelines for the Planning Explain how the use/tlevclopment. is located, designed, and proposed tol be opetated so: as to maintain/promote the (See Attachment Sheet for Ammwer/matification, 2. Explain how all uses permilted under the proposed ncw district classilication ares appropriate for the ncighbothood or area: (See Attachment Sheet for Amver/Duatificntion 3. Explain how the sc/developnent is located, designed, and proposed to be opented 50 as tos maintain/enhance the character of thç neighborhoou, and that tho use/tlcyclopment is: a public necessity: (See Attachment Sheet: for Amwer/mutificntion, 4, Explain how thej proposed zoning changei is consistent with the) Johnston County Comprchensive Land Usc Plan and other adoptedj plans and policics: (See Attachment: Sheet: for mwer/utifigntion, Proposed Conditional Zoning District Information: 1. Please ptovide thej putpose of the district, a project nattative, and al list of! proposed land uses tol bes allowed within the conditional voning district. (See Attachment Sheet: for: mwer/muntifigation, SafUse Only MEE: SUBMITTALDATE: RECEIVEDBY: Please copyorgourconls 2024 REZONING &: CONDITIONAL, ZONING APPLICATION Johnston County Plamning & Zoning 309) B. Market Strect, Smithfield, NC:27577 Phone (919) 989-5150 Kax (919) 989-5426 pstocaNypg 2, Conditions to apply to the Conditional Zoning District: Within: a Conditional Zoning District, additional conditions and requirements may bes added which may ussist in mitigating the impacts the development: may) have on thes sutrounding community and the envitonment, Staff, the Planning Board, and) Board of Commissioncrs mny propose additional conditions during the review process. Please list any conditions that you propose, AS the applicant, below. (See Attachment Sheet: fox mper/atiriontion, Stal Uso Onlyr MEB: SUBMITTALDATI RECEIVEDBY: Pluo-opyforgonr pecords 2024 COUNTY RIZONING/CONDITIONALZONING, APPLICATION REQUEST ANSWERS/USTRCATION ATTACHMENTS SHEET for PROPOSEDAPARTVENTSBEHIND! PUBLIXSITE (Preliminary Site Plan) 1) Explain how the use/development is located, designed, and proposed to he operated so as to mdntan/promote the public health, safety, and general welfare: Other than any spedificalv-requested exceptions to standards, the development plan will otherwise be required to meet all applicable standards, regulations & codes which are in place to help ensure that NO detrimental Impacts or dangers are incurred. Concerns related to the cnvironment, stormwater, traffic, etc. are cither addressed directlyont the attached Preliminary Site Plan,or shalll be addressed with future submittal of construction drawings, all prior to any construction taking place (some of these concerns are also addressed below). All applicable regulations shall be met or exceeded by thes proposed development. Furthermore, because. this is a Conditional Zoning request, any specific concerns by the municipality may also be addressed through the conditional zoning 2) Explain how all uses permitted under the proposed new district classification are appropriate for the The only proposed use for this request is a mixed-use apartment development as identified on the plan behind a proposed Publix grocery store site (currently under construction). The immediate and surroundingareat at thei intersection of NC50and NC42. is designated as a "Neighborhood Center" as Identified in the Counl/s2023-Adonted! Comprehensive Land Use Plan (ref: Map Appendix B), That plan recommended mixed uses at commercial activity nodes (ref: Goal LU-2) where such mixed developments might be "anchored by a village center comprised of commercial, civic, and residential uses... "y which is precisely what this plan does. Thel Land Use Plan also recommended that the zoning ordinance be amended to create districts for higher densities and a mix of uses (ref: Goal LU-4)1 int these Neighborhood Centers andi in developingareasy with adequate infrastructure, This plan is consistent with these recommendations in the Land Use Plan' for this neighborhood activily node. Thel problem is the zoning ordinance has still NOT been amended to create these zoning districts for such higher-density andi mixed uses:whichl iswhyv wet feel the! best "tool" toaccomplishthis (untilsuch ordinances can! be established) ist throught the Conditional Zoning district process, 3) Explain howt theu use/development is located, designed, and proposed to be operated: SO as to mdintain/enhance the character of the neighborhood, and that the use/development isai public As described above, this area has already been identified in the County's Land Use Plan as a Nelghborhood Center Activity Node, designated for a mix of commercial and higher density residential uses. The location and design of the proposed apartments located (behind the proposed Publix site andi its outparcels)! is an ideal location for romoligcomneclwly, between living space and commercial services while tucking. the development in a location that is least Intrusive tot the surrounding area. Because the apartments will be accessed through the Publix site with heaw buffering around the North and East, makes it less visible to surrounding. properties. Additionally, traffici impact studyperformed for the greater Publix development plan INCLUDED this typeofl higher: process. neighborhood or ared: necessity; densily residential development within the study. So, all traffic impacts are already accounted for within thes greater Publix development plan and any relevant road improvements associated with the overall master plan. The proposed use is also consistent with existing and surrounding land uses. In order to provide the much needed "balance" of commercial services to residential living space, we A) Explain how the proposed. zoning change is consistent with the. Johnston County Comprehensive Land Please see, ustflcations/Answers 2 & 3 above. The responses above emphasize precisely how this plani is consistent witht theland Use Pan,withspecifer references to examples in the land Usel Plan. feel this development will cetalnyhsanulicussl, Use Plan and otherd adopted plans and policies: PROPOSED CONDITIONAL ZONING DISTRICT INFORMATION: 1) Pleuse provide the purpose of this district, a/ project narrative and a list of proposed land uses to be The Purpose of this Conditional Zoning request is simply to allow a single use for multi-family apartments behind a prevlouslympproved. Publix grocery: store site withoutparcols, effectively creating a built-out mixed use commerclal and residential development. Such a development is actually encouraged: and recommended for this mixed use activity node as identified on the County's Land Use Plan. But even though thel Land Use Plan recommended that zoning districts becreated for such areas,nosuch districts have yet been implemented by the County, Therefore, this Conditional Zoning request is being used to request a GB-CZ district that would allow the use to be permitted by the County. We fecl the apartment usei is less-intense than many other type uses allowed int the general GB7 zoning district and more compatible with the intentions of the Land Use Plan which promotes: a mix of commercial and residential in this area. AsI mentioned, no other uses other that mull-femlympartments is beingproposed for this allowed within the conditional. zoning district: conditional zoning district. 2) Conditions to apply to the Conditional. Zoning District: Within a Conditional, Zoning District, additlonal conditions and requirements may be added which may assist in mitigating the impacts the development may have on: surrounding community and the environment. Staff, the Plamning Board, and Board of Commissioners may propose additional conditions during the review process. Please list any conditions that you propose, as the applicant, below. None at this time. -K Bi 9rm ai LNTI LIE UIKAL KIXXX