Johnston County Planning Board January 23, 2024-6:00 PM: Johnston County Courthouse County Commissioners Room Smithfield, North Carolina CARS 1.P PLEDGE OF ALLEGIANCE 2. APPROVALOFTHE MINUTES: From the December. 19,2023) Planning Board Meeting Sedimentation Control Ordinance. (Public Forum) 3. Consideration of Proposed revisions to the Johnston County Soil Erosion and 6:00pm (Subdivision Review) SUBDIVISIONS (Speakers to be Sworn In) Parkers Pointe Dr. inl Elevation Township. Wynd Crest Phase 2 (25.43 acres, 1lot) Benson Hardee Rd. (SR 1303)just south of Turlington Tract (6.45 acres, 71 lots) 3020 Benson Hardee Rd. (SR 1303) in Bagley Rd. Tract (16.54 acres, 15 lots) 1700 Bagley Rd. (SR 2339) in Beulah Eagles Landing Phase 5(37.78 acres, 17 lots) 300 Block of Memory Ln. in Hatcher Rd. Tract (64.52 acres, 46 lots) Intersection of Hatcher Rd. (SR 2126) and Elevation Township. Township. Elevation Township. Bailey Boykin Rd. (SR 2125) inl Micro Township. 6:00pm or after (Public Hearings) 5. REZONING AND CONDITIONALZONINGCASES CASE24-01 Rezoning Petition: Petition to remove 1.84 acres located at 15,25, &35 Chester Ln. in the O'Neals' Township from the Environmentally Sensitive Area (ESA). TaxID: 11K99014N, 11K99014T, & 11K99014U Applicant: Hornet Homes, LLC/Jonathan Andrews Owner: Hornet Homes, LLC CASE: 24-02 Rezoning Petition: Petition to rezone 8.46 acres ofa 39.43 acre tract located at 3509 Crockers Nub Rd. in the O'Neals Township from Agricultural Residential (AR) to General Business-Conditional Zoning (GB-CZ). Tax ID: 11P01031B Owner: Stanley Hall Applicant: Stanley Hall Energy contractor. CASE24-03 Conditional Zoning Request: Electrical, lightingy yard, and equipment storage for Duke Rezoning Petition: Petition to rezone .208 acres ofa 10 acre tract located at 416 David Rd. in the Wilders Township from Agricultural Residential (AR)to General Business-Conditional Zoning (GB-CZ). Owner: Edgar. Jose Mendoza Cordova Applicant: Edgar Jose Mendez Cordova Tax ID: 16K02032 Conditional Zoning Request: Commercial tree service vehicle and equipment parking. DISCUSSIONITEMS 7. INFORMATIONI ITEMS NEXTMEETING: February 20, 2024 ADJOURNMENT DRAFT MEETING OF THE. JOHNSTON COUNTY PLANNING BOARD Tuesday, December 19, 2023 6:00 p.m. The Johnston County Planning Board met in regular session on Tuesday, December 19, 2023 at 6:00 p.m. in the County Commissioners Meeting Room, Johnston County Present: Jared Crenshaw, Michelle Davis, Brooke Holmes, Debbie Howard, Will Absent: Freddie Hudson, Timothy Little, 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 Courthouse Annex, Smithfield, N.C. with the following members: Letchworth, Gary Lovering, Jay Sasser Planner; Jennifer Slusser, County Attorney by Mr. Crenshaw. Approval of the Minutes: Upon a motion by Ms. Holmes to approve the November 21st Planning Board Minutes, seconded by Mr. Crenshaw, and carried by a unanimous vote of 7-0, the November 21, 2023 Planning Board Minutes were approved as presented. All speakers were sworn in. Chairman Letchworth stated that Rezoning Case 23-25 would not be heard at tonight's meeting. Subdivisions: Bennett Cherrie Farm Place-Lot: 10 Surveyor: Hall Land Surveying, Inc. Acreage/Lots: 34.15 acres, 1lot Tax ID: #: 04Q07028J Mr. Marr Owner: Norwood Mark Holland/Bennett Cherrie Farm Place Developer: Norwood Mark Holland/Bennett Cherrie Farm Place Address: 7300 Block ofHickory Crossroads Rd. introduced the subdivision and referenced the above information. Mr. Marr direct driveway access on Hickory Crossroads Rd. and from shared information regarding Manual regarding developments creating 4 or more lots. Ms. Davis asked if there was a shared driveway access on the previously approved the. Johnston County Land Design subdivision. Mr. Marr provided the Board with copies oft the previously approved subdivision. Mr. Marr responded yes and that it was also stated in the staff report for the previously approved subdivision that no additional driveways would be approved for any future lots but that it was not passed on in the TRC notes for the current proposed subdivision. Mr. Merle Hall, Hall Land Surveying, 1899 Stevens Chapel Rd., Smithfield, N.C., stated the particulars oft the subdivision and was present to answer any questions from the Board. Mr. Hall stated that the proposed subdivision was not a buildable lot and that someone had contacted the owner about purchasing the lot for possible livestock and a barn. Mr. Hall stated that the proposed subdivision was already accessible without adding a driveway to Chairman Letchworth asked ifthe owner would be okay with lac condition added ifapproved that stated no direct driveway access be allowed from Hickory Crossroads Rd. Mr. Hall responded that they couldn't do that because it was the only cleared access to the Chairman Letchworth asked ifit was going to an adjacent lot owner to be combined with it. property from the road. it. Mr. Hall responded no. Chairman Letchworth asked ift there was an existing driveway on the subject property. Mr. Hall responded that there was not an official driveway with a pipe, but the way the Chairman Letchworth askedi ifthe owner would be okay with a condition addedifapproved ditch is out there you could drive onto the subject property. about it not being aj residential lot. Mr. Hall responded yes. Mr. Sasser stated that he thought that would need to be a condition. Mr. Hall stated that they would indicate on the plat that it is not approved as a residential Ms. Holmes asked if the adjacent property owners were aware that someone wanted to Mr. Hall stated that he believed the property owner to the: south was in communication with the current property owner, but was not sure about the property owner to the north. Mr. Hall also stated that he wasn'tsure ift they wanted to put livestock, horses, or what on the buildable lot. purchase the proposed lot and put livestock oni it. subject property. There was no further discussion. 2 Chairman Letchworth asked for the staff recommendation. Mr. Marr stated the staff recommended denial due to direct driveway access onto Hickory Crossroads Rd. and less Chairman Letchworth asked! Ms. Slusserifit was in thel Board's s purview to add a condition that stated noi residential even though the subject property is zoned Agricultural Residential Ms. Slusser stated that reasonable conditions can be placed upon the property but the Board would need to find hardship because that is the standard for granting any waiver from the Ordinance. Ms. Slusser also stated that residential building is a permitted use and whether Ms. Davis asked ift there would be at time limit on the condition or would it last forever. Mr. Newton stated that Mr. Hall had stated that they were willing toj place a statement upon the plat stating that it has not been approved as a residential buildable lot in accordance with Johnston County Environmental Health standards or state environmental health standards. Mr. Newton stated that it would not preclude it from beingi improved and a single family residential dwelling be constructed on the lot in the future provided they went Mr. Sasser stated that ift they were willing to spend the money someone could still put a Ms. Davis stated that she was concerned that by creating thej proposed subdivision lot, there Mr. Newton stated that there was still road frontage for the remaining acreage off of Mr. Newton stated that access to the remaining acreage was not a concern oft the staff. Mr. Newton stated the concern would be that the added condition would need to be specific. Mr. Crenshaw asked ift the subject property was not subdivided could the existing property owner spend the money to add a septic system and use it as a homesite as is. than 500' ofdriveway separation. (AR). or not the condition could be enforceable. through the process to get an on-site wastewater system approved. house on the subject property. would be no access to the remaining acreage. Hickory Crossroads Rd. and Rains Mill Rd. Mr. Newton responded absolutely. Ms. Howard stated that it would be thirty something acres. Mr. Newton responded, that is correct. Ms. Howard asked if Mr. Newton could point out on MapClick GIS the proposed subdivision lot and ift there were already structures there. Mr. Lovering stated that it appeared to be cleared land in some areas. 3 Mr. Hall stated that he did not think it would be an issue with the current property owner if the Board wanted to put a condition on it that there could never have a house on the subject property. Mr. Hall stated that the soil is just bad on the subject property. Mr. Hall Ms. Howard asked Mr. Hall if the current property owner is requesting 1.9 acres with the Mr. Hall stated that he was not sure about livestock but that someone was interested in the subject property and fencing it in with aj possible barn or shed. Mr. Hall stated he was not pointed out some wet areas on the larger subject property. hopes that someone would possibly want to use it for livestock. ofthe onesi interested in the subject property. Mr. Hall stated that people sure ofthe purpose are looking for land like the subject property. SlaffRecommendation: Denial Upon a motion by Ms. Holmes to deny Bennett Cherrie Farm Place-Lot 10, seconded by Ms. Howard, Bennett Cherrie Farm Place-Lot 10 was denied by a vote of 6-1 at the December 19, 2023 Planning Board Meeting, with Chairman Letchworth dissenting. Peacock Tract Owner: Edwin Peacock Developer: Edwin Peacock Surveyor: On the Level Surveying, PLLC Acreage/Lots: 21.09 acres, 5 lots Tax ID #: 09G14042A Address: Mamie Rd. and Bear Rd. Mr. Marr introduced the subdivision and referenced the above information. Mr. Marr shared information regarding direct driveway access on Bear Rd. and Mamie Rd. and from the. Johnston County Land) Design Manual regarding developments creating 4 or more lots. also stated at minimum, lots 2,3, & 4 should share a driveway and lots 5 &6 Mr. Marr should share a driveway. last year as one Mr. Edwin Peacock, Owner, stated that he had tried to sell the subject property over the whole piece as a farm with no luck. Mr. Edwin Peacock stated that he was trying to subdivide the land into reasonable sized lots. Chairman Letchworth asked Mr. Edwin Peacock to speak on the design of the proposed subdivision given the staff recommendation for denial and no internal roadway network Mr. Edwin Peacock stated that he had no problem with a shared driveway for any of the Chairman Letchworth asked ifit could not be designed with an internal roadway network. Jamie Peacock, On the Level Land Surveying, stated the only reason it was not per the County statute. lots. Mr. designed with an internal network was due to the location oft the subject property roadway 4 being at the intersection and would cause a safety concern on either road. Mr. Jamie Peacock stated that there were existing driveways on both Bear Rd. and Mamie Rd. and that they were good with shared driveways. Ms. Holmes asked about the design for the shared driveways. Mr. Jamie Peacock responded that there would be one shared driveway offo ofBear Rd. for lots 5 and 6 and one offo ofMamie Rd. that was an existing driveway on proposed lot 41 that Chairman Letchworth asked ifthe existing driveway would share three and one additional Mr. Jamie Peacock confirmed and stated that there is already a driveway there but cannot could be used as the shared driveway for lots 2, 3, and 4. driveway for two. be seen on the MapClick GIS photographs. Ms. Davis asked about a mail kiosk on the preliminary plat. Chairman Letchworth asked ifar mail kiosk was: required for shared driveways ori ifs singles Mr. Jamie Peacock responded that he believed singles were still allowed and that they were Mr. Sasser asked for clarification on the shared driveway serving lots 2, 3, and 4. were still allowed. not opposed to a shared mail kiosk. Mr. Jamie Peacock confirmed. Ms. Davis asked about the Voluntary Agricultural District not on the preliminary plat. There was discussion among the Board regarding the shared driveways and proposed density. There was no further discussion. Staff Recommendation: Denial, due to direct driveway access onto Bear Rd. and also Upon ai motion by Mr. Lovering to approve Peacock Tract with the condition that lots 2,3, and 41 have a single shared driveway and lots 5 and 6 have a single shared driveway and a condition that a Voluntary Agricultural District note is added to the final plat, seconded by Mr. Crenshaw, Peacock Tract was approved by a unanimous vote of7-0 at the December Mamie Rd. and less than 500' of driveway separation. 19, 2023 Planning Board Meeting. Conditions and Requirements [Planningl 5 1. All lots must be a minimum of 30,000 sf. 2. Complete flood plain information 3. Metes & bounds 4. Certifications 5. Complete improvements or provide performance guarantee 6. Show shared driveway access easement and provide statement for shared 7. Fee-in-lieu of open space shall be paid prior to recording 8. Provide utility easements along all lot lines in accordance with LDC Sec. 14- 9. Lots 2, 3,and 4 must share one driveway. Lots 5&6 6 must share: a 10. Note must be added to the final plat about the Voluntary Ag District 11. Coordinate with the US Postal Service for the design of and utilization of maintenance on Final Plat 75(d)(3) driveway. being within % mile of the parcel. cluster box mail receptacle units: a. CBU shall not impede the flow oft traffic. C. CBU shall meet ADA and Fire Code requirements. b. CBU shall not obstruct the operation and maintenance of utility services. Environmental. Health] unapproved lot [NCDOT] 12. Approval ofall lots for onsite sewage disposal or statement for each 13.A driveway permit and subdivision design approval must be obtained prior to 14. All design aspects of 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 15.Itwill be determined at the time the driveway permit application is submitted construction toN North Carolina Highways ifany road improvements will be required [Public Utilities] 16. Stormwater Permit required if17,000 sf or more ofimpervious area will be 17. Erosion Control Permit Required if an acre or more will be disturbed 18. Wetlands should be delineated and shown on the plan ifa any are present as 19. Property is limited to 15% impervious area without stormwater management. 20. Water meters will have to be installed by a licensed utility contractor according to Johnston County Public Utilities specifications and details. added cumulatively. cumulatively. well as anyjurisdictional. features and buffers. 6 21. Meters will have to be inspected by Johnston County Public Utilities prior to recording plat. [Emergency Services] 22. Provide a fire flow test. 23. Provide fire hydrant distribution plan/layout. *All conditions in bold were added by the Planning Board during the meeting. Lancaster Estates Owner: Jeffrey Todd Lancaster Developer: Jeffrey Todd Lancaster Surveyor: James Lonnie Peacock Acreage/Lots: 14.56 acres, 8 lots Tax ID #: 01F13028Z Address: SW corner ofl NC 242 Hwy S and Woods Crossroads Rd. Mr. Marr introduced the subdivision and referenced the above information. Mr. Marr shared information regarding direct driveway access on Woods Crossroads Rd. and NC Hwy 242 S. and from the Johnston County Land Design Manual regarding developments Mr. Jamie Peacock, On thel Level Land Surveying, stated the particulars oft the subdivision and was present to answer any questions from the Board. Mr. Peacock stated that they were staying below the density to have larger lots. Mr. Peacock stated that they did not go with ani internal street due to the location oft the subject property being at the intersection ofNC HWY 242 and Woods Crossroads Rd. Mr. Peacock stated that McLamb Rd. and Bear Rd. were nearby and the concern was for safety. Mr. Peacock stated they used a 50 foot dedicated easement access for lots 4, 7, and 8 and it would be a rock drive. Mr. Peacock stated that there were a couple road frontage lots, but most were big lots. Mr. Peacock stated that a few of the lots were flag lots due to the overhead electrical line. Mr. Peacock stated that there was water on NC HWY 242, sO they considered a shared utility but they could do well and septic. Mr. Peacock stated the design would be a good fit for the Chairman Letchworth asked Mr. Peacock how each of the lots would be served. Mr. Peacock responded that lots 1 and 2 would be served by a shared driveway off of Woods Crossroads Rd., lots 3 and 5 could be served by a shared driveway off of Woods Crossroads Rd., lots 4, 7,and 8 would be served by the dedicated easement offofNCHWY Chairman Letchworth stated that there would be two on NC HWY 242 and two on Woods creating 4 or more lots. community. 242, and lot 6 had an existing driveway off ofNC HWY: 242. Crossroads Rd. 7 Mr. Peacock confirmed. Mr. Crenshaw asked iflots 2, 4,7,1,8, and 6 could all be served by an internal connector. Ms. Holmes stated that there was a proposed private driveway coming in off of Woods Crossroads Rd. for lots 1 and 2 and asked could it extend to serve lots 3, 5, and 6 as well as the back of lots 4, 7, and 8 SO that only one driveway would be needed coming off a Mr. Peacock responded that to serve that many lotsi it could not be aj private drive but would need to be al NCDOT right-of-way. Mr. Peacock stated that it would be a safety concern to main road. put a NCDOT in that location because oft the intersections. Ms. Davis stated that there were larger lots to better fit with the community. Mr. Sasser agreed. Mr. Crenshaw stated that ifit wasn'tdone with a shared access, it was essentially diffusing the number of cars that come out of one point and spreading it across multiple driveways Ms. Davis stated that lots 1 and 2 would have a shared driveway, lots 3 and 5 would have as shared driveway, lot 6 would have its own, and lots 4, 7, and 8 would have a shared Mr. Peacock stated that if access was an issue, they could use a shared driveway for lots 1, 2,3,and 51 tol limiti it to one accessoffofWoods Crossroads Rd. instead oftwo. Mr. Peacock stated that the access off of NC HWY 242 would stay the same with one existing and along what was identified as ai major thoroughfare. driveway. creating only one additional. Ms. Davis stated that traffic at the intersection and store was her concern. Ms. Holmes agreed. Mr. Peacock stated changing to one access offofWoods Crossroads Rd. would move away from the store and intersection. There was no further discussion. SlaffRecommendation: Denial, due to direct driveway access onto Woods Crossroads Rd & NCI Hwy 242 S and less than 500' ofdriveway separation. Also, denial due to creation Upon a motion by Ms. Davis to approve Lancaster. Estates with the condition that lots 1,2, 3, and 5 have a shared driveway with access from Woods Crossroads Rd., lot 61 having its own driveway seconded Ms. Holmes, Lancaster Estates was approved by a vote of 6-1 at the December 19, 2023 Planning Board Meeting, with Mr. Lovering dissenting. of flag lots. from NC HWY 242, and lots 4, 7,a and 8 have a shared driveway from NC HWY 242, by 8 Conditions and Requirements [Planningl 1. All lots must be a minimum of3 30,000 sf. Ifcounty water and 40,000 sf with wells. 2. Complete flood plain information 3. Metes & bounds 4. Certifications 5. Complete improvements or provide performance guarantee 6. Provide: final plat Street Disclosure Statement Certificate for street 7. Flag lot must meet the minimum design criteria as established in LDC Sec. 8. Show shared driveway access easement and provide statement for shared 9. Fee-in-lieu of open space shall be paid prior to recording 10. Provide utility easements along all lot lines in accordance with LDC Sec. 14- 11.Lots1 1,2,3 & shall share one driveway off of Woods Crossroads Rd. Lot 6willl havei its own driveway. Lots 4, 7,& 8 will share one driveway off of 12. Coordinate with the US Postal Service for the design of and utilization of maintenance (DM Sec 7,L. item 8) 14-255(d) maintenance on Final Plat 75(d)(3) NC242. cluster box mail receptacle units: a. CBU shall not impede the flow oft traffic. C. CBU shall meet ADA and Fire Code requirements. b. CBU shall not obstruct the operation and maintenance of utility services. Environmental Health] unapproved lot [NCDOT] 13.Approval ofa all lots for onsite sewage disposal or statement for each 14. A driveway permit and subdivision design approval must be obtained prior to 15.All design aspects of 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 16. Itwill be determined at the time the driveway permit application construction tol North Carolina Highways ifany road improvements will be required 17.I Lots must share driveways. [Public Utilities] is submitted 9 18. Stormwater & Erosion Control Permits Required 19. Stormwater Statement Required well as anyj jurisdictional features and buffers. 20. Wetlands should be delineated and shown on the plan ifa any are present as 21. Property is limited to 15% impervious area without stormwater management. 22. Waterlines will have to be extended and hydrants added to serve this subdivision with fire flow. [Emergency Services] 23. Provide fire access road detail. Must meet minimum requirements. 24. Provide turn around details. 25. Provide a fire flow test. 26. Provide fire hydrant distribution plan/layout. *Conditions in bold were added by the Planning Board during the meeting. Hearon Pointe December 2023 Owner: Carriage Creek, LLC Developer: Carriage Creek, LLC clo James Lipscomb Surveyor: Adams & Hodge Engineering, PC Acreage/Lots: 39.09 acres, 25 lots Tax ID #: 06H06005A Address: 5100 Block of Cleveland Rd. Mr. Marrintroduced the subdivision and referenced the abovei information. Mr. Marr stated that this one had previously been before the Board in 2022 and provided the Board with copies of the previously approved submission. Mr. Marr stated that the subject parcel is within the ESA and a floodplain appears on a small portion of the parcel. Mr. Marr also Mr. Jamie Guerrero, 3141 E. Main St., Clayton, N.C., Adams & Hodge Engineering, stated the particulars of the subdivision and was present to answer any questions from the Board. Mr. Guerrero stated that infrastructure was complete for the previously approved 24 lots and it was ready for recordation. Mr. Guerrero stated the developer was requesting to increase the maximum impervious per lot to 6,000 sq. ft. Mr. Guerrero stated they met with County staffa and the recommendation was to createl lot 25,a9.3 acrel lot, in order toi increase the impervious allocation for the 24 lots to 6,000 sq. ft. per lot. Mr. Guerrero stated that lot 25 is an existing parcel with the ability tol have a driveway and they received confirmation from NCDOT. Mr. Guerrero stated there would be no changes to lot 25. Mr. Guerrero requested ac change to condition #7 concerning access via ani internal road sincel lot 25 could not be accessed with the existing road structure and would need a driveway off of stated that a left turn lane would be required per NCDOT. Cleveland Rd. There was no further discussion. 10 Chairman Letchworth asked for the staff recommendation. Mr. Marr stated the staff recommended approval with the stated conditions and requirements ini the staffreport. Mr. Marr stated that staff was not opposed to removing condition #7 but would still need to Chairman Letchworth asked if staff preferred an additional condition stating lot 25 could have driveway access off of Cleveland Rd. instead of removing condition #7 since iti isa meet the requirement of 500' of driveway separation. standard condition. Mr. Marr confirmed. Staff Recommendation: Approval Upon a motion by Ms. Holmes to approve Hearon Pointe December 2023 with the additional condition stating lot 25 can have direct driveway access off of Cleveland Rd., seconded by Mr. Sasser, Hearon Pointe December 2023 was approved by a unanimous vote of7-0 at the December 19, 2023 Planning Board Meeting. Conditions and Requirements [Planningl 1. All lots shall be a minimum of 40,000 sf. 2. Complete flood plain information 3. Metes & bounds 4. Certifications 5. Entrance sign & street signs 6. Street name approval shall access Cleveland Rd. 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.F Fee-in-lieu of open space shall be paid prior to recording 7. AIl lots shall access internal streets with the exception oflot 25 which 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 ofutility 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 14. Approval of all lots for onsite sewage disposal or statement for each 11 [NCDOT] 15.A 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 17.1 Itv will be determined at the time the driveway permit application is submitted construction to North Carolina Highways 18. Left turn lane is required. [Public Utilities] ifany road improvements will be required 19. Revised Stormwater & Erosion Control Permits Required well as any jurisdictional features and buffers. without stormwater management. 20. Stormwater Statement Required 21. Wetlands should be delineated and shown on the plan if any are present as 22. Property is located within the ESA and limited to 12% impervious area [Emergency Services] 24. Provide Fire Flow test. 25. Provide Topographic Information. 26. Provide cul-de-sac details. Rezoning and Conditional Zoning Cases: 23. Provide "No Parking Fire Lane" on same side ofs street as hydrants. Rezoning Case 23-25 (GB-CZ) Tax ID: 07E06003 Owner: Katie Proulx Applicant: Blake Hesse Township vehicle parking. Rezoning Petition: Agricultural Residential (AR) to General Business-Conditional Zoning Location: 2.99 acres ofa 18.30 acre tract located at 1403 NC 50 S in the Elevation Conditional Zoning Request: Mulch and landscaping sales & equipment and commercial Upon a motion by Ms. Holmes to table Rezoning Case 23-25 until the February 20, 2024 Planning Board Meeting, seconded by Ms. Howard, Rezoning Case 23-25 was tabled until thel February 20, 20241 Planning Board Meeting by a unanimous vote of7-0: at thel December 19, 2023 Planning Board Meeting. Discussion Items: 12 Chairman Letchworth stated that there were three written decisions for the Board'sreview. Massengill Pond Developer: Bradley Built Inc. Surveyor: Timmons Group-Beth Blackmon Acreage/Lots: 70.18 acres, 27 lots Tax ID#: 13C04019N & 13C04019B Address: 700 Block of Massengill Pond Rd. The Board reviewed the written decision. Owner: John Wayne Stephenson Life Estate & Ann. J. Stephenson Upon a motion by Ms. Howard to approve the written decision for Massengill Pond, seconded by Ms. Holmes, and carried by a unanimous vote of7-0, the written decision for Massengill Pond was approved as presented at the December 19, 2023 Planning Board Meeting. Black Creek Farms Owner: Lil Black Creek Farm LLC Developer: Pulte Home Company, LLC Surveyor: Jeremy Keeny, PE, PLS Acreage/Lots: 150.77 acres, 961 lots Tax ID #: 13B02039 & 13B02026C Address: 3444 Plainview Church Rd. The Board reviewed the written decision. Upon a motion by Ms. Holmes to approve the written decision for Black Creek Farms, seconded by Ms. Howard, and carried by a unanimous vote of7-0, the written decision for Black Creek Farms was approved as presented at the December 19, 2023 Planning Board Meeting. Urbina Tract Owner: Andres Urbina Developer: Andres Urbina Surveyor: True Line Surveying Acreage/Lots: 7.16 acres, 3 lots Tax ID: #: 03P05048B Address: 344 Moore Rd. The Board reviewed the written decision. Upon a motion by Mr. Sasser to approve the written decision for Urbina Tract, seconded by Mr. Crenshaw, and carried by a unanimous vote of7-0, the written decision for Urbina Tract was approved as presented at the December 19, 2023 Planning Board Meeting. Portofino Phase 13 Owner: Portofino Subdivision Homeowners Association Inc. 13 Developer: Ali 2 Farms Inc. Surveyor: Alsey. J. Gilbert, PLS Acreage/Lots: 5.79 acres, 2 lots Tax ID#: 16K06001 Address: 29 Allesandra Dr. The Board reviewed the written decision. Upon a motion by Ms. Howard to approve the written decision for Portofino Phase 13, seconded by Ms. Holmes, and carried by a unanimous vote of7-0, the written decision for Portofino Phase 13 was approved as presented at the December 19, 2023 Planning Board Meeting. Mr. Newton requested that the January 2024 Planning Board Meeting be moved due to a conflict with the Johnston County Board ofCommissioners Meeting scheduled on January 16, 2024. There was discussion among the Board concerning possible dates. Upon a motion by Ms. Holmes to move the January 2024 Planning Board Meeting to Tuesday, January 23, 2024, seconded by Ms. Howard, the change in date of the January 2024 Planning Board Meeting was approved by a unanimous vote of7-0 at the December 19, 2023 Planning Board Meeting. Mr. Newton stated that on the January 2024 Planning Board Meeting Agenda, the Board would see an item for a text amendment to the County Ordinance with regards to Erosion and Sedimentation Control. Mr. Newton stated that a memo would be attached to the agenda and would be on behalfof. Johnston County Public Utilities due to state statutory standards changes to bring the County Ordinance into conformity. Mr. Newton stated there would be no public hearing since iti is a text amendment change, but the Board would need to make a recommendation that would be forwarded to the Board of County Commissioners. Mr. Newton stated the Board of County Commissioners would take the matter under advisement at a public hearing in March 2024. The meeting ended at 6:52 p.m. Respectfully submitted by: Jodie Gay, Secretary for the Board 14 Foknson ounty DEPARTMENT OF PUBLIC UTILITIES POBOX2263 SMITHFIELD, NC 27577 (919)989-5075 MEMORANDUM TO: FROM: DATE: RE: Braston Newton Director of Planning Chandra C. Farmer, PE Director of Utilities December 18, 2023 Chendie Cok avmar Chapter 14 -Land Development Code Article XII. Erosion and Sediment Control (Johnston County Soil Erosion and Sedimentation Control Ordinance) find attached Sediment Control (Johnston County As you may be aware, North Carolina Sedimentation Control revisions to Chapter 14- -L Land Development Code; Article XII. Erosion and proposed Soil Erosion and Sedimentation Control Ordinance). The proposed the County's Erosion and Sedimentation Control program is authorized by the Please revisions are in a' "red line" format, with all proposed changes noted in red. Commission and NCDEQ - Division of Energy, Minerals and (SCC), The proposed revisions are to Land Resources (DEMLR) provides oversight of the County's program. ensure consistency" with SCC and DEMLR requirements. Proposed revisions include: Updated definitions. Clarification of exempted activities. Updated plan submittal and review requirements. Process toi transfer plan approval from one applicant to another. Updated inspection requirements. Updated sediment basin design requirements. Additional compliance tools. Updated civil penalty assessment process. Commissioners has called for a public hearing on March 4, 2024, and the document will be The Board of for comment and feedback until March 4, 2024. Please let posted on the Public Utilities website public me know if you have any questions or need additional information. CC: Jessica Batten, El Attachment: Proposed Draft Revised Article. XII. Erosion and Sediment Control of Chapter 14-Land Development Code Johnston County Chapter 14-1 Land Development Code Article XII. Erosion and Sediment Control Sec. 14-681 Title. Sec. 14-682 Purpose. Sec. 14-683 Definitions. Sec. 14-684 Scope and exclusions. Sec. 14-685 Mandatory: standards for land-disturbing activities. Sec. 14-686 Erosion and sedimentation control plans. Sec. 14-687 Basic control objectives. Sec. 14-688 Design and performance standards. Sec. 14-689 Stormwater outlet protection Sec. 14-690 Borrow and waste areas. Sec. 14-691 Access and haul roads. Sec. 14-692 Operations in lakes or natural watercourses. Sec. 14-693 Responsibility for maintenance. Sec. 14-694 Additional measures. Sec. 14-695 Deleted. Sec. 14-696 Fees. Sec. 14-697 Plan appeals. Sec. 14-698 Inspections and investigations. Sec. 14-699 Penalties Sec. 14-700 Injunctive relief. Sec. 14-701 Restoration after non-compliance. Sec. 14-681. - Title. This article may be cited as the. Johnston County Soil Erosion and Sedimentation Control Ordinance. (Ord.0f6-3-2013) Sec. 14-682.-P Purpose. This article is adopted for the purposes of: erosion and: sedimentation in (a) Regulating certain land-disturbing activity to control accelerated public and private property by sedimentation; and (b) Establishing procedures through which these purposes can be fulfilled. order to prevent the pollution of water and other damage to lakes, watercourses, and other (Ord.of6-3-2013) Sec. 14-683. - Definitions. As used int this article, unless the context clearly indicates otherwise, thet following definitions apply: means increase over the rate of natural erosion as a result of (a) Accelerated Erosion land-disturbing activity. (b) Act means (c) Adequate any the North Carolina Sedimentation Pollution Control Act of 1973 and all rules Erosion Control Measure, Structure, or Device means one which controls the soil material within the land area under responsible control of the person conducting and orders adopted pursuant to it. the land-disturbing activity. (d) Affiliate means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. Approving Authority means Johnston County, as the government agency that has been (e) sedimentation plan review responsibilities in accordance with the delegated erosion ands provisions of the Act. Being Conducted means al land-disturbing activity has been initiated and permanent Borrow means fill material which is required for on-site construction and is obtained Buffer Zone means the strip ofl land adjacent to al lake or natural watercourse. In this (f) (g) (h) stabilization of the sitel has not been completed. from other locations. section oft the ordinance, buffer zone does NOT mean the same as riparian buffer zone found in Article VII Section 14-393. Commission means the North Carolina Sedimentation Control Commission. () () of Construction or Development means that no further land disturbing Completion except that which is necessary for establishing activity is required on a phase ofay project a permanent ground cover. Department Resources. Director means the means the North Carolina Department of Environment and Natural (k) (1) Director of the Division of Energy, Mineral, and Land Resources of the Department of Environment and Natural Resources. 2 Discharge Point means that point at which stormwater runoff leaves ai tract of land. (m) where al land-disturbing activity has occurred or enters a lake or natural watercourse. (n) Energy Dissipator means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy Envirommenteland-Stormwater Manager means the personnel within the. Johnston (o) County Public Utilities Department whose job responsibility! includes the administration and enforcement of the. Johnston County Erosion and Sediment Control Ordinance. (p) Erosion means the wearing away of land surfaces by the action of wind, water, gravity, from high velocity flow. or any combination thereof. Ground Cover means any natural vegetative growth or other material which renders the High Quality Waters means those classified as such in 15A NCAC: 2B.0101(e) (5)- - General Procedures, which is incorporated herein by reference to include further amendments (q) (r) soil surface stable against accelerated erosion. pursuant to G.S. 150B-14(c). High Quality Water (HQW). Zones means areas within one mile and draining to HQW's. (s) (t) Lake or Natural Watercourse means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and anyr reservoir, lake or pond, natural or impounded in which sediment may be moved or carried ins suspension, and which could be damaged by accumulation of sediment. (u) Common plan of development means a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times and on different schedules under one common plan. The "common plan" of development or sale is broadly defined as any announcement or piece of documentation indicating construction activities are planned to occur on a specific plot regardless of ownership Land-disturbing Activity means any use of thel land by any person in residential, industrial, and maintenance that results in a change in the natural cover or topography: and that may cause or contribute to sedimentation. oft the parcels (v) education, institutional, or commercial development, highway and road construction of disturbance means the outermost boundary of proposed disturbance on a development. (w) Limits (x) Local Government means any county, incorporated village, town or city, or any of counties, incorporated villages, towns, and cities, acting through aj joint combination program pursuant to the provisions oft the Act. 3 Erosion means the wearing away oft the earth's surface by water, wind, or other (y) Natural natural environmental conditions undisturbed by man. natural agents under (z) Parent means an controls another person. (aa) Person means anyi affiliate that or indirectly through one or more intermediaries, directly, individual, partnership, firm, association, joint venture, public or or private institution, private corporation, trust, estate, commission, board, public utility, cooperative, interstate body, or other legal entity. land-disturbing activity means any person who may be held (bb) Person conducting provided otherwise by this Ordinance, the Act, responsible for violation unless expressly or any order adopted pursuant to this Ordinance or the Act. (cc) Person responsible fort the violation means: the developer or other person who has or holds himself out as having financial ord operation control over the land-disturbing activity; or i. the landowner or person possession indirectly allowed the land-disturbing activity, or order adopted pursuant to this Ordinance or the Act. in or control of the land that has directly or benefited from it or failed to with a duty imposed by any provision of this Ordinance, the Act, or any comply erosion control plan fori initial clearing and (dd) Phase of grading plan means aj proposed grubbing (rough grading) or final grading (fine ma-aaw roughorfine. (ee) Plan means an erosion and sedimentation control plan matter, both mineral and organic, that has been or is which sediment resulting from accelerated erosion oft the land-disturbing activity ori into al lake (ff) Sediment means solid particulate (gg) Sedimentation means the process by has been or is being transported off the site orr natural watercourse. (hh) Siltation means sediment resulting being transported by water, air, gravity, or icet from its site of origin. from accelerated erosion which is settleable or and maintained control measures; and within the site ofal land-disturbing removable by properly designed, constructed, which has been transported from its point of origin and which has been deposited, or isi in suspension in water. activity; 4 (ii) Storm drainage facilities means the system ofi inlets, conduits, channels, ditches and which serve to collect and convey stormwater through and from a given appurtenances drainage area. (j) Stormwater runoff means the surface flow of water resulting from precipitation in any (kk) Subsidiary means an affiliate that is directly, or indirectly through one or more form and occurring immediately after rainfall or melting. intermediaries, controlled by another person. (II) Ten-year. storm means the stormwater runoff resulting from precipitation of an intensity expected to be equaled or exceeded, on the average, once in ten years, and ofa duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. (mm) Tract means a parcel of land or contiguous combination thereof llcontiguouslandand bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. (nn) Twenty-five year storm means the stormwater runoff resulting from precipitation of an intensity expected to be equaled or exceeded on the average, once in 25 years, and ofa duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. (oo) Uncovered means the removal of ground cover from, on, or above the soil surface. (pp) result in a change int the ground cover or topography of at tract of land. Undertaken means thei initiating of any activity, or phase of activity, which results or will (qq) ---- - - - ----- the speed of flow through a cross section perpendicular to the direction of the (qq) Velocity means peak flow of the storm of interest but not exceeding bank full flows. main channel att the (rr) Waste means surplus materials resulting from on-site land-disturbing activities and being disposed of at other locations. (ss) Working days means days exclusive of Saturday and! Sunday during which weather undertaken. conditions or soil conditions permit land-disturbing activity to be (Ord. of6-3-2013) 5 Sec. 14-684. - Scope and exclusions. (a) Geographical scope of regulated land-disturbing activity. This ordinance shall apply to land-disturbing activity within the territorial jurisdiction of. Johnston County and to the extraterritorial jurisdiction of the Towns as allowed by agreement between local governments or other appropriate legal instrument orl law. (b) Exclusions from regulated land-disturbing activity. Notwithstanding the general applicability oft this ordinance to all land-disturbing activity, this ordinance shall not (1) Any activity, including breeding and grazing of livestock, undertaken on agricultural land for the production of plants and animals useful to man, apply to thei following types of land-disturbing activity: including, but notl limited to: a. b. C. d. e. f. g. Forage and sod crops, grain andi feed crops, tobacco, cotton, and peanuts. Dairy animals and dairy products. Poultry and poultry products. mules, and goats. Bees and apiary products. Fur producing animals. Livestock, including beef cattle, sheep, swine, horses, ponies, Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures ofs such substances (2) An Activity undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management practices set outi in Forest Practice Guidelines Related to Water Quality, as adopted by the Department. Ifland-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to' Water Quality, the provisions of this ordinance shall apply to such activity and any related land-disturbing activity on the tract. of Chapter 74 oft the General Statutes. jurisdiction as provided in G.S. 113A-56(a). (3) An activity for which a permit is required under the Mining Act of 1971, Article 7 (4) Al land-disturbing activity over which the State has exclusive regulatory (5) An activity which is essential to protect human life during an emergency. 6 (6) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act. (7) Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations 512.2 (c) Plan approval requirement, for land-disturbing activity. No person shall undertake any land-disturbing activity subject to this ordinance without first obtaining a Plan approval therefor from. Johnston County (d) Protection of property. Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. (e) More Restrictive rules shall apply. Whenever conflicts exists between federal, state, or local laws, ordinance, or rules, the more restrictive provision shall apply. Plan approval exceptions. Notwithstanding the general requirement to obtain a Plan approval prior to undertaking land-disturbing activity, a Plan approval shall not be required for land-disturbing activity that does not exceed 1 acre (43,560 square feet) in surface area, or less than 1 acre but not a part of a larger common plan of development. Inc determining the area, lands under one or diverse ownership being developed as a unit (f) will be aggregated. (Ord.of6-3-2013) Sec. 14-685. -I Mandatory standards for land-disturbing activities. accordance with the following mandatory standards: Nol land-disturbing activity subject to the control oft this ordinance shall be undertaken except in (a) Standard buffer. No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless al buffer zonei is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone (1) Projects on, over or under water. This subdivision shall not apply to al land- disturbing activityi in connection with the construction of facilities to bel located Buffer measurement. Unless otherwise provided, the width of a buffer zone is (2) measured horizontally from the edge of the water to the nearest edge of the nearest thel land-disturbing activity. on, over, or under al lake or natural watercourse. 7 disturbed area, with the 251 percent of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation. (b) Graded slopes andj fills. The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures and is able tol be maintained long term. In any event, slopes left exposed will, within 14 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constraints. (c) Fill material. Unless aj permit from the Department's Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. (d) Ground cover. Whenever land-disturbing activity that will disturb more than one acreor less than one acre if part of al larger common plan of development is undertaken en-afor tractdevelopment, the person conducting the land-disturbing activity shall install erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land disturbing activity within the boundaries of thet tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 8(b)(5/5(b) oft this ordinance.Pprovisions for a permanent ground cover sufficient to restrain erosion must be accomplished -a----e- estywtdweA calendar days following. completion of construction or development. (e) Prior plan approval. No person shall initiate any land-disturbing activity that will disturb more than one acre orl less than one acre if part of a larger common plan of development onatract-unless;, thirty (30) or more days prior to initiating the activity, a Plan for the activity is filed with and approved by Johnston County. The County shall forward to the Director of the Division of Water Resources a copy of each Plan fora land-disturbing activity that involves the utilization of ditches for the purpose of de- watering or lowering the water table oft the tract. (f) The land-disturbing activity shall be conducted in accordance with the approved erosion and: sedimentation control plan. (Ord. of6 6-3-2013) Sec.14-686. - Erosion and sedimentation control plans. 8 (a) Applicability. Except as provided in Sec. 4(b), it is unlawful to conduct anyl land disturbing activity that will result in the disturbance of land equal to or greater than one acre, or that will result in the land disturbance of less than one acre if part of al larger common plan of development or sale, including. without limitation a subdivision, until an erosion and sedimentation control plan has been issued by the County. Aproject may be developed in phases with separate erosion and sedimentation control plans (b) Plan submission. AHmaaepepamdtrai--sane ----- applicant must provide to the. Johnston County Environmentaland-Stormwater Manager or designee the number of copies of the Plan as prescribed by the Environmental-an-Stormwater Manager at least 30 days prior to the and land disturbing permits for each phase. commencement of the proposed activity. (c) Plan contents. The plan required by this section must contain at least all of the items specified on the Johnston County Erosion and Sedimentation Control Checklist, including an application, administrative fees: architectural and engineering drawings; maps; assumptions; calculations; and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the erosion and sedimentation control regulations of this article. halkomtinareNiadus - --E-- - requirements.- (d) Financial responsibility and ownership. The erosion and sediment control plan must include an authorized statement of financial responsibility and documentation of property ownership that complies with following: (1) Is signed by the financially responsible party for the land-disturbing activity or his attorney in fact, including the mailing and street addresses oft the principal place of business oft the person financially responsible, the owner of the land, and any registered agents; (2) Ift the person financially responsible is not a resident of North Carolina, al North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the Plan, the Act, this ordinance, or rules or orders adopted or issued pursuant to this ordinance; (3) Ifthe applicant is not the owner of thel land to be disturbed, the erosion and sedimentation control plan must include the owner's written consent for the applicant to submit an erosion and sedimentation control plan and to conduct the anticipated land- disturbing activity. 9 Document. Any Plan submitted for al land-disturbing activity for which an (e) Environmental Policy Act North Carolina Environment Policy Act (G.S. 113A-1, et seq.) environmental document is required byt the shall be deemed incomplete until a complete environmental County shall promptly notify the person submitting the Plan that the 30-day Plan pursuant to this ordinance shall not begin until a complete environmental document is document is available for review. Johnston time limit for review of the available for review. Johnston County will review each complete Plan submitted and- Failure to approve, approve with modifications, or disapprovea (f) Timeline for decisions on plans. will notify the person submitting within 30 days of receipt thereofbythe! Stormwater Manager the Plan that it has been approved, approved with modifications, pRovedwaapeoimane reservations,or Plan within disapproved. 30 days of receipt shall be deemed approved. Johnston Countys shall complete review revised plan submittals within 15 days of receipt of the revised plan. al Plan upon determining that it complies with all sedimentation control. Approval assumes (g) Approval. Johnston County shall only approve applicable State and local regulations for erosion and and rules. the applicant's compliance with thei federal and state water quality laws, regulations - underthis-article. (1) Ifno construction activity has begun within three (3) years from the date of permit - permit becomes null and void. (2) Ifthe County determines, either upon review of an approved plan or upon inspection of the development site, that the plan is inadequate to meet the requirements of the Act or this ordinance, the County shall require a revised plan. Pending the preparation of the revised plan, work shall cease ors shall ---- A----- --- - - - continue under conditions outlined by the County. (3) mustbe-renewed- (4) ay - - - 10 (5) awelenwielmadisww-ww ------- - ---- - ------- dimembatonsonuoisagw (6) ------- - ----- --G esponsibly-orms. (h) Disapproval for content. The County shall disapprove al Plan based on its content. A disapproval based upon a Plan's content must specifically state in writing the reasons for disapproval. (i) Other Disapprovals. The County may disapprove: a Plani if: (1) Implementation of the plan would result in a violation of the rules adopted by the Environmental Management Commission to protect riparian! buffers along surface waters; (2) The applicant is conducting or has conducted land-disturbing activity without an approved Plan, or has received notice of violation on a previously: approved erosion and sedimentation control plan and has not complied with the notice within the time (3) The applicant has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time the payment is due. (4) The applicant has been convicted of a misdemeanor pursuant to G.S.1 113A-64(b) or any criminal provision of al local ordinance adopted pursuant to the Act or; (5) The applicant has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the North Carolina Sedimentation Pollution Control specified in the notice; Act. Int the event that a Plan is disapproved pursuant to this subsection and disapproved after the appeal process State Division of Energy, Mineral, and Land Resources of such disapproval within ten Carolina The County shall advise the applicant ort the proposed transferee and the Director in established in Section 17, the County shall notify the Director oft the North (10) days. writing as tot the specific of Section 16(a), the applicant may appeal directly to the Commission. reasons that the Plan was disapproved. Notwithstanding the provisions the local government's disapproval of the plan 11 For purposes of this subsection, an applicant's record or the proposed transferee's record may be considered for only the two years prior to the application date. () Transfer of Plans. The County may transfer an erosion and sedimentation control plan approved pursuant to this section without the consent of the plan holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this subsection. (1) The County may transfer a plan if all of the following conditions are met: (i) The successor-owner of the property submits to the County a written request for the transfer of the plan and an authorized statement of financial responsibility and documentation of property ownership. (ii) The County finds all of the following: The plan holder is one of the following: 1. Anatural person who is deceased. 2. A partnership, limited liability corporation, corporation, or any other 3. A Person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. 4. AF Person who has sold the property on which the permitted activityis ii. The successor-owner. holds title to the property on which the permitted iii. The successor-owner is the sole claimant of the right to engage in the business association that has been dissolved. occurring or will occur. activity is occurring or will occur. permitted activity. iv. There will be no substantial change in the permitted activity. (ii) The plan approval permit transfer fee has been received. (2) The plan holder shall comply with all terms and conditions of the plan until such time as (3) The successor-owner. shall comply with all terms and conditions of the plan once the the plan is transferred. plan has been transferred. (k) Notice of activity initiation. No person may initiate al land-disturbing activity before notifying the agency-County that issued the Plan approval of the date that land-disturbing: activity will begin. (I) Preconstruction conference. wandmsay.y.:w-pNsNe conferences are required with the approving authority for new projects and must be held prior to beginning land disturbing - 12 activities. However.preconstruction conferences are not required for single familyr residential lot level erosion control plans, where a preconstruction conference was held for the overall (m) Display of plan approval. A plan approval issued under this article shall be prominently displayed until all construction is complete, all permanent sedimentation and erosion control measures are installed and the site has been stabilized. A copy oft the approved plan shall be (n) Required revisions. After approving a plan, if the County either upon review of such Plan or on inspection of thej job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the County shall require a revised plan. Pending the preparation of the revised plan, work: shall cease or shall continue under conditions outlined byt the appropriate authority. If following commencement ofal land-disturbing activity pursuant to an approved plan, the County determines that the plan is inadequate to meet the requirements of this ordinance, the County may require any revision oft the plan that is necessary to comply with this (o) Amendment to a plan. Applications for amendment of a Plani in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the County, the land-disturbing activity shall not proceed development plans.- kept on file at thej job site. ordinance. except in accordance with the Plan as originally approved. in land-disturbing activity who fails to file al Plan in (p) Failure toj file a plan. Any person engaged in accordance accordance with this ordinance, or who conducts al land-disturbing activity except with provisions of an approved Plan shall be deemed in violation of this ordinance.. (q) Inspections and Records. The landowner, the financially responsible party, or the landowner's ort thet financially responsible party's agent shall perform an inspection oft the area covered by the plan after each phase oft the plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A-57(2). The person who performs the inspection shall maintain and make available a record of thei inspection at the site of the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion oft those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspections required by this subsection shall bei in addition to inspections required by G.S. 113A- 61.1. The Person who performs the inspection shall maintain and make available a record of the inspection at the site of the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required toc correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspections required by this subsection shall bei in addition to inspections required by G.S.113A-61.1. 13 (1) Where inspections are required by Section 6(p) of this Ordinance or G.S. 113A- 54.1(e),theys shall be performed weekly and after rain events. (2) Documentation of self-inspections performed under Item (1)oft this Rule shall include: Visual verification of ground stabilization and other erosion control measures i. Verification by measurement of settling basins, temporary construction ii. The name, address, organization affiliation, telephone number, and signature of the person conducting the inspection and the date of the inspection shall be included, whether on a copy of the approved erosion and sedimentation control plan or an inspection report. A template for an example of an inspection and monitoring report is provided on the DEMLR website at: CEEC- edmentcontro/lorms. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control plan shall occur on a single copy oft the plan and that plan shall be made available on the site. iv. A record of any significant deviation from any erosion or sedimentation control measure from that on the approved plan. For the purpose of this Rule, al"significant deviation" means an omission, alternation, or relocation of an erosion or sedimentation control measure that prevents it from performing as intended. The record shall include measures required to correct the significant deviation, along with documentation of when those measures were taken. Deviations from the approved plan may also be recommended to enhance the intended performance of the sedimentation and erosion control measures. and practices as called fori in the approved plan; entrances, energy dissipators, and traps. (3) Except as may be required under federal law, rule or regulation, no periodic self-inspections or rain gauge installation is required on individual residential lots where less than one acre is being disturbed on eachl lot. (Ord. of6-3-2013) Sec. 14-687. -E Basic control objectives. An erosion and sedimentation control Plan may be disapproved if the Plan fails to address the following (a) Identify critical areas. On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be control objectives: identified and receive special attention. 14 (b) Limit time ofe exposure. All land-disturbing activities are to be planned and conducted to limit (c) Limit exposed areas. All land-disturbing activity is tol be planned and conducted to minimize the (d) Control surface water. Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. (e) Control: sedimentation. All land-disturbing activityi is to be planned and conducted so as to (f) Manage stormwater runoff Plans shall be designed so that any increase in velocity of stormwater runoff resulting from a land-disturbing activity will not result in accelerated erosion of the receiving stormwater conveyance or at the point of discharge. Plans shall include measures to prevent accelerated erosion within the project boundary and at the point of discharge. WAtelusaaavalN-wa-. -w------ ww--wwww.w-- leratadeuiondilesalwat-watlesm exposure to the shortest feasible time. size of the area to be exposed at any one time. prevent off-site sedimentation damage. (Ord. of6 6-3-2013) Sec. 14-688. - Design and performance standards. (a) Except as provided in Section 8(b)(2) of this article, erosion and sedimentation control measures, structures, and devices shall be planned, designed, and constructed to provide protection from the calculated maximum peak rate of runoff from the ten-year storm. Runoff rates shall be calculated using the procedures int the USDA, SoilConservationserMçeNRCSS "National Engineering Field Manual for Conservation Practices", or other acceptable calculation (b) Sediment Basin Design. Sediment basins shall be designed and constructed according to the procedures. following criteria: (1) Use a surface withdrawal mechanism, except when the basin drainage area is less than 1.0 acre; (2) Have a minimum of 1800 cubic feet of storage area per acre of disturbed area; (3) Have a minimum surface area of 325 square feet per cfs of the Twenty-five Year Storm (Q25) peak flow; (4) Have a minimum dewatering time of 48 hours; 15 (5) Incorporate 3 baffles, unless the basin is less than 20 feet in length, in which case 2 baffles shall be sufficient. (c) ------- apply ----s- - -V- ------ --w. ------- - - - - --- - eiw----- (1) ---- - ------- - -X- -- ---- - afisclaulaadaseadapiepsdatn.N (2) ---- - - - -- albesudmstorstainsanscelaatadesion (3) ------ --- - cheverperodiaae. (Ord.of6-3-2013) 16 Sec. 14-689.-Stormwater: outlet protection. (a) Intent. Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused byi increased velocity of (b) Performance standard. Persons shall conduct land-disturbing activity so that the post construction velocity of the 10-year storm runoff in the receiving watercourse to the discharge runoff from the land disturbing activity. point does not exceed the greater of: (1) The velocity established by the Maximum Permissible Velocities Table set out (2) The velocity oft the ten-year storm runoff int the receiving watercourse prior to Ifcondition (1) or (2) oft this Paragraph cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the within this subsection; or development. expected velocity anywhere the velocity exceeds the "prior to development" velocity by 10%. Maximum Permissible Velocities Table The following is at table for maximum permissible velocity for stormwater discharges in feet per second (F.P.S.) and meters per second (M.P.S.): Material F.P.S. 2.5 2.5 3.0 3.5 5.0 5.0 5.5 3.5 M.P.S. 0.8 0.8 0.9 1.1 1.5 1.5 1.5 1.7 1.1 Fine sand (noncolloidal) Sandy loam (noncolloidal) Silt loam (noncolloidal) Ordinary firm loam Fine gravel Stiff clay (very colloidal) Graded, loam to cobbles (noncolloidal) 5.0 Graded, silt to cobbles (colloidal) Alluvial silts (noncolloidal) [Source Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.91 for moderately: sinuous channels, and by 0.81 for highly sinuous channels.] management measures. Measures applied alone or in combination to satisfy the (c) Acceptable consequences. The intent of this section are acceptable if there are no objectionable secondary 17 County recognizes that the management ofs stormwater runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives, while not exhaustive, are to: (1) Avoid increases ins surface runoff volume and velocity byi including measures to promote infiltration to compensate for increased runoff from areas rendered (2) Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in place of closed drains and high velocity paved sections: (3) Provide energy dissipators at outlets ofs storm drainage facilities to reduce flow (4) Protect watercourses subject to accelerated erosion by improving cross sections (5) Upgrade or replace the receiving device structure, or watercourse such that it will receive and conduct the flow to a point where iti is no longer subject to degradation impervious; velocities to the point of discharge; and/or providing erosion-resistant lining; and from the increased rate of flow or increased velocity. (d) Exceptions This rule shall not apply where it can be demonstrated to the County that stormwater discharge velocities will not create an erosion problem int the receiving watercourse. (Ord. of 6-3-2013) Sec. 14-690. - Borrow and waste areas. waste disposal activity, areas byt the Department's activity where thel borrow the land-disturbing activity is also the person conducting the borrow or When the person conducting from which borrow is obtained and which are not regulated by the other than landfills regulated the borrow and/or provisions of the Mining Act of 1971, and waste areas for surplus materials the person conducting the land-disturbing activity is not the person obtaining disposing of the waste, these areas shall be considered a separate land-disturbing activity. Division of Waste Management shall be considered as part of the land-disturbing material is used or from which the waste material originated. When being (Ord. of6 6-3-2013) Sec. 14-691. - Access and haul roads. and haul roads, other than public roads, constructed or used in connection with any Temporaryaccess: (Ord. .of6-3-2013) land-disturbing activity shall be considered a part of such activity. 18 Sec. 14-692.- - Operations in lakes or natural watercourses. Land disturbing activity in connection with construction in, on, over, or under al lake or natural watercourse shall minimize the extent and duration of disruption of the stream channel. Where relocation of a stream forms an essential part oft the proposed activity, the relocation shall minimize unnecessary changes int the stream flow characteristics. (Ord. of6-3-2013) Sec. 14-693.-R Responsibility for maintenance. During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary: and permanent erosion and sedimentation control measures as required by the approved plan or any provision oft this Ordinance, the Act, or any order adopted pursuant to this ordinance or the Act. After site development, the landowner or person in possession or control oft the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-ofway or easement accepted for maintenance by a governmental agency. (Ord.of6-3-2013) Sec. 14-694. - Additional Measures. Whenever the County determines that significant erosion and sedimentation is occurring as a result of land-disturbing activity, despite application and maintenance of protective practices, the person conducting the land-disturbing activity will be required to and shall take additional protective action. (Ord. of6-3-2013) Sec. 14-695.-Deleted. Section-15 BwistingUhsoveradAa: (a) - - - - dewwadeaw (b) - - - - 19 -----.--- wwaNw------h.- - wEtiw-ye -- (c) - (d) ----- www-wwwaA--w planmed-reservoif- Sec. 14-696.-Fees. (a) The County shall establish at fee schedule for the review and approval of Plans,transfer of (b) Ine establishing the fee schedule, the County shall consider the administrative and personnel costs incurred for reviewing the Plans, inspecting the activity, and for related compliance approved plan permits, and re-inspection fees.- activities. (Ord.of6-3-2013) Sec. 14-697. - Plan appeals. The appeal of a disapproval or approval with modifications ofa al Plan shall governed by the following (a) The disapproval or modification of any proposed Plan by the County shall entitle the person submitting the Plan to a public hearing if such person submits written demand for al hearing within 15 days after receipt of written notice of disapproval or modifications. (b) Ahearing held pursuant to this section shall be conducted by the. Johnston County Director of (c) At least 7 days prior to the hearing, the Director of Utilities must publish ar notice of hearing, at (d) The Director of Utilities must render a decision in writing within 7 days after the hearing. provisions: Utilities within 30 days after receipt of the request. least once, in a newspaper of general circulation in the County. (1) In the event that the appeal is not granted, the Director of Utilities must notify the Director of the North Carolina Division of Energy, Mineral, and Land Resources of the disapproval within 10 days. 20 (2) The Director of Utilities must advise the applicant and the Director of the North Carolina Division of Energy, Mineral, and Land Resources in writing as to the specific reasons the request was disapproved. (e) Ifthe Director of Utilities does not grant the appeal, the person submitting the erosion and sedimentation control plan has 15 days following the denial to appeal the County's decision to the North Carolina Sedimentation Control Commission as provided in G.S. 113A-61(c) and 15A NCAC4B. .0118(d). (f) Ifany proposed erosion and sedimentation control plan is disapproved, the applicant may appeal County's decision directly to the North Carolina Sedimentation Control Commission. (Ord.6-3-2013) Sec. 14-698.1 - Inspections and investigations. (a) Inspection. Agents, officials, or other qualified persons authorized by the County will periodically inspect land-disturbing activities to ensure compliance with the Act, this ordinance, or rules or orders adopted or issued pursuant to this ordinance, and to determine whether the measures required in the Plan are effective in controlling erosion and: sedimentation resulting from land-disturbing activity. Notice of the right to inspect shall be included in the certificate of (b) Willfulresistance, delay or obstruction. No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the County while that person is inspecting or (c) Compliance tools. If the County determines that a person engaged in land disturbing activity has failed to comply with the Act, this article, or rules, or orders adopted or issued pursuant to this ordinance, any or all of the following compliance tools may be used to gain compliance: approval of each Plan. attempting to inspect al land-disturbing activity under this section. (1) Non-compliance inspection report. (2) Notice of Violation. eCauydaemwtPHIPAASNN -- -adpderhépesnee A notice of violation shall be served upon that person engaging in the activity. The notice may be served by any means authorized under GS 1A-1, Rule 4. The notice shall specify a date by which the person must comply with the Act, or this ordinance, or rules, or orders adopted pursuant to this ordinance, andi inform the person oft the actions that need to be taken to comply with the Act, this ordinance, or rules or orders adopted pursuant to this ordinance. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. 113A64 and this ordinance. 21 (3) Withholding building permit inspections, permits, or certificates of occupancy until (4) Holding final plat signatures until compliance is obtained. Sites must bei in compliance with this ordinance prior to final plat approval. compliance is obtained; and/or (d) Investigation. The County shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of (e) Statements and reports. The County shall also have the power to require written statements, or filing of reports under oath, with respect to pertinent questions relating to land-disturbing investigating and inspecting the sites of any land-disturbing activity. activity. (Ord. of6-3-2013) Sec. 14-699. -Penalties. (a) Civil Penalties (1) Civil penalty) for a violation. Any person who violates any of the provisions oft this ordinance, or rule or order adopted ori issued pursuant to this ordinance, or who initiates or continues al land-disturbing activity for which al Plan is required excepti in accordance with the terms, conditions, and provisions of an approved Plan, is subject to acivil penalty. The maximum civil penalty amount that the County may assess per violation is five thousand dollars ($5,000.00). A civil penalty mayl be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate (2) Civil penalty assessment, factors. The County shall determine the amount of the civil violation. penalty! based upon the following factors: a. b. C. d. e. The degree and extent of harm caused by the violation, The cost of rectifying the damage, The amount of money the violator saved by noncompliance, Whether the violation was committed willfully, and The prior record of the violator in complying of failing to comply with this ordinance. 22 (3) Notice of Civil Penalty Assessment. The. Johnston County Stormwater: maEnomne-Manset shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of assessment shall be served by any means authorized under G.S. 1A-1, Rule 4. A notice of assessment by the County shall direct the violator to either pay the assessment, contest the assessment within 30 days by filing a petition for hearing with the County planning director, or file a request with Johnston County planning director for remission of the assessment within 30 days of receipt of the notice of assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and as stipulation of the facts on which the assessment was based. "--wd----maaww-.--X- AwaPne-------.Ne ------ (4)_Hearing. Al hearing on a civil penalty shall be conducted by the. Johnston County Board of Adjustment in accordance with the. Johnston County Code of Ordinance Section 14- (5)_Finalc decision. The Planning Director shall notify the applicant oft the board's decision in writing and shall file a copy ofi it with the County Planning Department and with the (6)_Appeal of final decision. A decision oft the board of adjustment on an application for appeal may be appealed to the superior court by an aggrieved party. Such appeal shall bei int the nature of certiorari and must be filed within 30 days oft the filing decision in the (7) Collection. If payment is not received within 30 days after iti is due, the County may institute a civil action to recover the amount of the assessment. The civil action may be brought int the Superior Court of the county where the violation occurred, or the violatorsresidence. or principal place of business is located. Such civil actions must be filed within three (3) years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial (8) Credit ofo civil penalties. The clear proceeds of civil penalties collected by Johnston County under this subsection shall be remitted to the Civil Penalty and Forfeiture Fund 594(b)(c). Johnston County akommsamaSommate Manager. office oft the planning department. review of the assessment. ina accordance with G.S. 115C-457.2. (b) Criminal penalties. Any person who knowingly or willfully violates any provision of this ordinance, or rule or order adopted or issued pursuant to this ordinance, or who knowingly or willfully initiates or continues: al land-disturbing activity for. which a Plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, shall be guilty ofa Class 2 misdemeanor which may included at fine not to exceed $5,000 as provided in G.S.5 113A-64. 23 (Ord.of6-3-2013) Sec. 14-700.-1 Injunctive relief. (a) Violation of local program. Whenever the governing body of. Johnston County has reasonable cause to believe that any person is violating or threatening to violate any ordinance, rule, regulation or order adopted or issued by County, or any term, condition, or provision of an approved Plan, it may, either before or after thei institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name oft the County, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court oft the county in which the violation is occurring or is threatened. (b) Abatement of Violation. Upon determination by a court that an alleged violation is occurring or ist threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, ort to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this ordinance. (Ord.of6-3-2013) Sec. 14-701. - Restoration after non-compliance. The County may require a person who engaged in al land-disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57 (3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this ordinance. (Ord.of6-3-2013) Sec. 14-702-Severablly. Ifa any section or section or sections of this article is/are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect. Sec. 14-703.- - Effective Date. This ordinance becomes effective on December1,2013 June 1, 2024Decemberi2is. (Ord.of6-3-2013) 24 Wynd Crest Phase 2 Owner: Jones Creek, LLC Developer: Jones Creek, LLC Surveyor: Carlos Bagley, PE Tax ID #: 07D07020 Address: 32 Wynd Crest Way Latitude/Longitude: 35.4094,-78.58100 Locational Data: Benson Hardee Rd., just south ofl Parkers Pointe Dr. in) Elevation Township. The subdivision is served by the West Johnston Fire District and thel EVS Rescue Squad. Sitel Data: 25.43 acres, 11 lot, (maximum allowable density: 36), water service shall be provided by Johnston County public water and lots will be served by individual septic tanks, open space provided: Additional Information: School District: The Student Generation Ratio (SGR) is 0.55. Therefore, Wynd Crest proposed required: $1,000, traffic count: not available, property owners notified: 7. fee-in-lieu, open space Phase 2 Subdivision will generate approximately 1 K-12 students split amongst the three schools below. is based on the Out-of-Capacity Table provided by ORED. The following Capacity 586 624 1297 Enrollment 603 496 1332 Transportation District Benson ES Benson MS South Johnston HS Plan as needing improvement. CTP: This portion of Benson Hardee Rd. does not appear on the Comprehensive Preliminary approval subject to the following conditions and requirements SlaffRecommemdation Conditions and Requirements [Planningl 1. All lots shall 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 10. Provide final plat Street Disclosure Statement 9. Complete improvements or provide performance Certificate guarantee for street maintenance (DM Sec 11. Fee-in-lieu of open space shall be paid prior to recording with LDC Sec. 14-75(d)(3) 12. Provide utility easements along all lot lines in accordance utilization of cluster box 7,L. item 8) 13. Coordinate with the US Postal Service for the design ofand a. CBU shall not impede the flow oftraffic. b. CBU shall not obstruct the operation and maintenance of utility CBU shall meet ADA and Fire Code requirements. mail receptacle units: services. Environmental. Health] 14. Approval ofall lots for onsite sewage disposal or statement for each unapproved lot 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 tol North Carolina 17. Itv will be determined at the time the driveway permit application is submitted ifany road [NCDOT] construction Highways improvements will be required [Public Utilities] 18. Stormwater & Erosion Control Permits Required 19. Stormwater Statement Required jurisdictional features and buffers. inspected by our office prior to recording. 20. Wetlands should be delineated and shown on the plan ifa any are present as well as any 21. Property is limited to 15% impervious area without stormwater management. 22. An additional water tap will have to bei installed by a licensed utility contractor and BOXEEMONIS MGSIVMTIS 4 7 SA s TT JONESCREEK, LLC. HWY43 GARNERN WYNDCREST: SUBDIVISION PRELIMINARY SITEPLAN - Turlington Tract Owner: Long Rock Land Development, LLC Developer: Benson Hardee Road-Lan, LLC Surveyor: Freedom Firm, PC Tax ID #: 01D07029 Address: 3020 Benson-Hardee Rd. Latitude/Longitude: 35.42941,.78.5862 Locational Data: subdivision is served by Johnston County public water and fee-in-lieu, open space required: $7,000, 3020 Benson-Hardee Road (SR 1303) in Elevation Township. The proposed the West. Johnston Fire District and thel EVS Rescue Squad. allowable density: 9), water service shall be provided by traffic count: not available, property owners notified: 10. Sitel Data: 6.45 acres, 7 lots, (maximum lots will be served by individual septic tanks, open space provided: Additional Information: The Student Generation Ratio (SGR) is 0.61. Therefore, Turlington School. District: Tract Subdivision will generate o The following District Benson ES Benson MS CTP: This portion of Plan as needing improvement. SlaffRecommemdation Conditions and Requirements [Planningl approximately 41 K-12 students split amongst the three schools below. is based on the Out-of-Capacity Table provided by ORED. Capacity 586 624 1297 Enrollment 603 496 1332 South. Johnston HS Benson-Hardee Rd. does not appear on the Comprehensive Transportation Preliminary approval subject to the following conditions and requirements 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 10. Provide final plat Street Disclosure Statement 9. Complete improvements or provide performance Certificate guarantee for street maintenance (DM Sec 7,L. item 8) 11. Fee-in-lieu of open space 13. Coordinate with the US Postal mail receptacle units: a. CBU shall not impede the flow b. CBU shall not obstruct the operation and C. CBU shall meet ADA and Fire Code requirements. shall be paid prior to recording all lot lines in accordance with LDC Sec. 14-75 (d)(3) 12. Provide utility easements along Service for the design of and utilization of cluster box oftraffic. maintenance ofu utility services. Environmental Health] 14. Approval of alll lots for onsite sewage disposal or statement for each unapproved lot 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 tol North Carolina 17. Itwill Highways be determined at the time the driveway permit application is submitted ifany road [NCDOT] construction improvements will be required [Public Utilities] 18. Stormwater & Erosion Control Permits Required jurisdictional features and buffers. 20. 19. Stormwater Wetlands should Statement be delineated Required and shown on the plan ifany are present as well as any 21. Property is limited to 15% impervious area without stormwater management. [Emergency Services] 22. Provide roadway details. 24. Provide topographic information. 25. Provide a fire flow test. 26. Provide fire hydrant distribution plan/layout. locations. 23. Provide "Nol Parking" signage along access road at fire hydrant OH3BOHVAFNOSNEG e BENSONE HARDEEF ROAD-LAN,LLC. GARNER SORMYCAKOLEA: 27539 TURLINGTONTRACT PRELIMINARYS SITEPLAN MG REVISIONS Bagley Rd. Tract Owner: Jeanne Woodard Life Estate & Edward Vince Woodard Remainder Developer: Cloudbreak Investments, LLC Surveyor: Adams & Hodge Engineering, PC Tax ID #: 03P07019E Address: 1700 Block of Bagley Rd. Latitude/Longitude: 35.55189,-78.15074 Locational Data: 1700 Bagley Road (SR 2339) in Beulah Township. The proposed subdivision is Johnston County public water and lots will be served by individual septic tanks, open space provided: fee-in-lieu, open space required: $15,000, traffic count: not available, property owners notified: 17. served by the Beulah Fire District and thel North Johnston Rescue Squad. allowable 23), water service shall be provided by Site Data: 16.54 acres, 151 lots, (maximum density: Additional Information: District: Student Generation Ratio is 0.55. Therefore, Bagley Rd. o School. schools below. The (SGR) Table provided Capacity 442 826 863 three Tract Subdivision will generate approximately 8 K-12 students split amongst the by ORED. Enrollment 412 599 803 The following is based on the Out-of-Capacity District Micro ES North Johnston MS North Johnston HS needing improvement. CTP: This portion of Bagley Road does not appear on the Comprehensive Transportation Plan as Staff] Recommendation: Preliminary approval subject to thej 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 10. Provide final plat Street Disclosure Statement Certificate for street 11. Fee-in-lieu of open space shall be paid prior to recording maintenance Sec (DM 7,L. item 8) 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. mail receptacle units: a. CBU shall not impede the flow oftraffic. C. CBU shall meet ADA and Fire Code requirements. Environmental Health] 14. Approval ofall lots for onsite sewage disposal or statement for each unapproved lot 15. A driveway permit and subdivision design approval must be obtained prior to 16. All design aspects of 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 17.1 Itwill be determined at the time the driveway permit application is submitted ifa any road 19. Require al No Access easement where lot 9 borders Princeton-Kenly Rd. Must be served [NCDOT] construction Highways improvements will be required. 18. Require encroachment permit for any utilities within ROW. internally. [Public Utilities] 20. Stormwater & Erosion Control Permits Required 21. Stormwater Statement Required jurisdictional features and buffers. 22. Wetlands should be delineated and shown on thej plan if any are present as well as any 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 topographic information. 27. Provide a fire flow test. 26. Provide "No Parking" signage along access road at fire hydrant locations. CETNEFENOIEENISA RETEINC EENCEaON 1o NO NO o NO NO o #o o O O NO No SITEPLANE PRELIMINARYPLAT BAGLEY ROAD TRACT ADAMS SHODGE ENGINEERING, PC- LEH Eagles Landing Phase 5 Owner: LWI Properties, LLC Developer: LW Properties, LLC Surveyor: MacConnell & Asociates, P.C.-Thomas Perdue Tax ID #: 07E07015 Address: 300 Block of Memory Ln. Latitude/Longitude: 35.44107,.78.59381 Locational Data: 300 Block of Memory Ln. in Elevation Township. The proposed subdivision is Site Data: 37.78 acres, 17 lots, (maximum allowable density: 54), water service shall be provided by Johnston County public water and lots will be served by individual septic tanks, open space provided: 10.9 acres, open space required: 5.67 acres, traffic count: not available, property owners notified: 17. served by the West Johnston Fire District and the EVS Rescue Squad. Additional Information: School District: The Student Generation Ratio (SGR) is 0.69. Therefore, Eagles Landing Phase 5 Subdivision will generate approximately 12 K-12 students split The following is based on the Out-of-Capacity Table provided by ORED. amongst thet three schools below. District Benson ES Benson MS South Johnston HS needing improvement. Capacity 568 624 1297 Enrollment 603 496 1332 CTP: This portion of Memory Ln. does not appear on the Comprehensive Transportation Plan as Staff] Recommendation: 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 plaini 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 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 ofc cluster box b. CBU shall not obstruct the operation and maintenance ofutility services. 7,L. item 8) 11. Show to whom open space is dedicated 12. Provide 20' fee simple access to open space mail receptacle units: a. CBU shall not impede the flow oftraffic. . CBU shall meet ADA and] Fire Code requirements. Environmental Health] 15. Approval ofalll 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. It will be determined at the time the driveway permit application is submitted if 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. 21. Wetlands should be delineated and shown on the plan ifa any are present as well as any 22. Property is limited to 15% impervious area without stormwater management. 23. Ifthe utility/access easement is recorded as aj public ROW, we will require connection to serve the subdivision with water and construction plans will have to be submitted and approved for waterline construction. [Emergency Services] 24. Provide roadway details 26. Provide topographic information. 27. Provide ai fire flow test. 28. Provide fire hydrant distribution plan/layout. 25. Provide "No Parking" signage along access road at fire hydrant locations. SOHEN N3g oionn D@ vano 553 Hatcher Rd. Tract Owner: RRT Development, LLC Developer: RRT Development, LLC Surveyor: Stocks Engineering, PA Tax ID #: 10N07004D Address: 800 Block ofHatcher Rd. a--RamsaLoe Locational Data: Intersection of Hatcher Road (SR 2126) and Bailey Boykin Rd. (SR 2125) in Micro Township. The proposed subdivision is served by the Shoe Heel Fire District and the THS Site Data: 64.52 acres, 46 lots, (maximum allowable density: 93), water service shall be provided by Johnston County public water and lots will be served by individual septic tanks, open space provided: 17.34 acres, open space required: 9.68, traffic count: Hatcher Rd. 200 vpd (2019) and Bailey Boykin Rescue Squad. Rd. not available, property owners notified: 22. Additional Information: School District: The Student Generation Ratio (SGR) is 0.54. Therefore, Hatcher Rd. Tract Subdivision will generate approximately 25) K-12 students split amongst the three The following is based on the Out-of-Capacity Table provided by ORED. schools below. Enrollment 434 599 803 District Glendale-Kenly ES North Johnston MS North Johnston HS Capacity 511 826 863 CTP: These portions of Hatcher Road and Bailey Boykin Rd. do not appear on the Environmentally Sensitive District: This parcel is not within the ESA, however ai floodplain Lots 44, 45, and 46 must share a single drive onto. Bailey Boykin Rd. ifapproved. Direct Driveway access on Hatcher Rd.: Major subdivisions to be located on a local road shall be SO designed that there shall be no more than one direct residential driveway connection per 500 feet along the same side ofthe local road, unless it can be demonstrated that the proposed subdivision cannot be physically designed, that no reasonable alternative exists, ori it would create an unreasonable hardship without a corresponding public benefit to prohibit individual driveway access onto a local road. Comprehensive Transportation Plan as needing improvement. appears on a portion oft the parcel. *Also, from, Johnston Co. land design manual: 4(+)Lots: Developments creating 4 or more lots: (1) Where no easement exists, and where the parent tract(s) have direct road frontage, an easement shall not be allowed. The development must dedicate a right-of-way meeting the A waiver may be allowed ifdelermined by the. Planning Board that, inj pursuit of this. section, a bardship is created upon the prperly that provides no benefit to the. safely, e/far, and qualily of ljé of thej publie. requirements of this section. Staff] Recommendation: Denial, due to direct driveway access onto Hatcher Rd. and not having 500' ofdriveway separation. Conditions and Requirements [Planningl 1. All lots must be a minimum of3 30,000 sf. 2. Complete flood plain information 3. Metes & bounds 4. Certifications 5. Entrance sign & street signs 6. Street name approval 7. Cul-de-sac lots must have 40' road frontage 8. Complete improvements or provide performance guarantee 9. Lots 44, 45, and 461 must share a driveway. 10. Provide final plat Street Disclosure Statement Certificate for street maintenance (DM Sec 11. Show shared driveway access easement and provide statement for shared maintenance on 14. Provide utility easements along all lot lines in accordance with LDC Sec. 14-75 (d)(3) 15. 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) Final Plat 12. Show to whom open space is dedicated 13. Provide 20' fee simple access to open space mail receptacle units: a. CBU shall not impede the flow oftraffic. C. CBU shall meet ADA and Fire Code requirements. Environmental. Health] 16. Approval ofall lots for onsite sewage disposal or statement for each unapproved lot 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 to North Carolina 19. Itwill Highways be determined at the time the driveway permit application is submitted if any road 21. Remove existing driveway just North of proposed driveway and restore ditch. [NCDOT] construction improvements will be required 20. Require encroachment permit for any utilities within ROW. [Public Utilities] 22. Stormwater & Erosion Control Permits Required 23. Stormwater Statement Required jurisdictional features and buffers. 24. Wetlands should be delineated and shown on the plan ifany are present as well as any 25. Property is limited to 15% impervious area without stormwater management. [Emergency Services] 26. Provide topographic information. 27. Provide "No Parking" signage along access road at fire hydrant locations. 28. Provide cul-de-sac detail. 29. Provide ai fire flow test. 30. Provide fire hydrant distribution plan/layout. (will need al hydrant on Hatcher Rd.). LEGRAS BAILEY-BOXINKU: E # # :. : # #. # : NE & * HATCHER RD. S.R.2126 HATCHERI ROAD SUBDIVISION JOHNSTON COUNTY, NORTH CAROLINA STOCKS SLAENE ENGINEERING, 173 Not CS- STAFF REPORT REZONING CASE: 24-01 Rezoning Petition: Petition to remove 1.84 acres located at 15,25, & 35 Chester Ln. in the O'Neals Township from the Environmentally Sensitive Area (ESA). Tax ID: 11K99014N, 11K99014T, & 11K99014U Applicant: Hornet Homes, LLC/Jonathan Andrews O'Neals Fire District and Clayton Rescue Squad. Owner: Hornet Homes, LLC Utilities & Services: Land Use] Plan: This area is located within a designated "Rural Living Placetype" on the County's Envision Johnston Comprehensive Land Use Plan. This area is characterized by low density residential development. (a) Purpose and intent. The environmentally sensitive area district (ES) is established. as a district that overlays areas deemed environmentally sensitive. Development within this overlay district shall comply with the regulations oft the underlying zoning district, provisions oft this section and any other applicable sections ofthis (I) Intermittent stream. A natural drainage way, which shows up: as a blue line on the USGA 7.5 minute quadrangle maps and has a contributing drainage area of 300 acres or more shall be considered an intermittent (2) Peremnial. stream. Perennial streams are streams that have essentially continuous flows. Perennial streams in the environmentally sensitive area are: specifically designated to be Swift Creek, White Oak Creek, Little Creek (from the U.S. 70 Clayton bypass to Swift Creek), and the Little River (from the county line tol NC:39). extend landward a minimum distance of1 100 feet measured horizontally on a line perpendicular to the water b. Ifthe existing buffer is not forested, it shall be maintained in a natural state and allowed to revegetate. (2) Intermittent stream buffers. Intermittent stream buffers shall have two: zones as described below: a. Zone 1 shall be an undisturbed area extending from the channel bank landward a minimum of301 feet b. Zone 2 shall be a vegetative buffer extending from the outer edge of zone 1 landward a minimum of20 (3) Maintenance ofl buffers. Zone 1 and zone 2: shall be maintained by the landowner or homeowners' association to maintain stormwater sheet flow to the maximum extent practical to provide for diffusion and infiltration ofs stormwater runoff and filtering of pollutants into the affected stream, consistent with maintenance (4) Exemptions. The following are exempt from the stream buffer requirements of this section: a. Areas that are mapped on the USGS quadrangle map that do not exist on the ground. b. Ponds and lakes created for animal watering, irrigation off farm lands, or other agricultural uses that are C. Where application oft the requirements of this section would prevent all prospective use ofal lot platted d. Water dependent structures that are designed, constructed, and maintained toj provide the nutrient removal, have the least adverse affects on aquatic habitats and that protect water quality. exists. These structures shall be sO located, designed, constructed, and maintained to have minimal disturbance, Sec. 14-103. - Environmentally sensitive area district (ES). article. (b) Definitions: stream for purposes ofthis ordinance. (c) Delineation of measured channel bank and (1) Perennial stream buffers. Perennial stream buffers shall be from the top of the body, subject to the following conditions: a. The buffer shall be undisturbed and remain forested ifd currently forested. There shall be no fill allowed within the buffer area. measured horizontally on a line perpendicular to the water body. feet measured horizontally on a line perpendicular to: zone 1. criteria as set out int the county design manual. not part ofa natural drainageway. and recorded prior to May 26, 1998. e. Roads, bridges, maximum stormwater facilities, and utilities where no other practical alternative management ponds, provide maximum nutrient removal, provide the least adverse effects on aquatic habitats and protect water quality (5) Flood hazard areas. There shall be no development allowed within the areas of special flood hazard as defined in the county flood damage prevention ordinance, which shall be defined as residential and nonresidential structures, including improvements or additions to such structures. However, specificallyallowed improvements include public utility structures, buried utilities, roadways and accessways, and recreational (1) Residential development is permitted at an overall density of one dwelling unit per acre (40,000 square to the maximum extent possible. f. Ditches and manmade conveyances other than modified natural streams. facilities as long as no structures are involved. (d) Densilyregulations. feet minimum lot size) of gross land area. STAFF: RECOMMENDATION: N/A...See response from Johnston County Public Otilities. (SL7) (460550 o GS o B G BP 6 BGS SPNVH 24-01 NOTICE OF PUBLICHEARING, CASE: 24-01 (919). 989-5150 a JAN42/2024 JAN122024 Johnston County Planning & Zoning 3091 E. Market Strect,Smithficld, NC27577 Phonc (919) 989-5150 Fax (919)989-5426 wphnsomncom/pams REZONING & CONDITIONAL ZONINGAPPLICATION AMPLCANTINIONMAION UASy Name of Applicant/Petitioner, JONATHAN ANDREWS-HORNETH HOMES Mailing Address of Applicant:. 1480 Chapel Hill Road, Suite 100, Apex, NC: 27502 Telcphonc:. 704-307-9975 Email: pnalhan@homatrnomescon PMOPAKIYINIOMMATON Owners Namc(s):. Mailing Telcphonc 704-307-9975 Site Address: 'Tax ID Number:_ State Road #: Barnes Road, SR#: 2106 Township:. ZONINGI INTORMATION Current Zoning District(s):. AR-ESA CONDITONALZONING Fax: HORNETHOMES, LLC Address of Owner:. 1480 Chapel! Hill Road, Suite 100, Apex, NC 27502 onalhan@homaliomascon K99014N Email 15,25, 35 Chester LN, Middlesex, NC 272200-31-4763, 972031596.2728035614 VEOHT1I4oL O'Neals Deed Book: 06383 Requested Zoning District:, AR Page: 0352 Acres Beingl Rezoned:_ 80,372SF(1.84AG Total Acres in Parcel:. 3.36AC INFORMATION Conditional? Zoning, please fill out this section and) Pages2-3.) (Ifrequesting List Requested Uscs:_ SINGIEFAMIYRESDENTA APPLICANT ISF REQUESTING REMOVAL OF THE ESA AREA ONT THESE PARCELS. 2. 1. Zoning Completed Fee: Application (Less then: 3 Acres: $375.00) ESA AREA TO BE REMOVED IS 1.8AC) 3. (5)-FOLDED: 18x24 & (0)-FOLDED! 11x1 17 copics of thc preliminary plat Certified TIA required for developments with 100 peak hour trips must cither bc performed! by the County consultant, or revicwed by thc County's fees must be paid by the applicant. Developments requiringa" TIA cannot be placed on an: agenda SUBMITTAL REQUIREMENTY (3.01 -6.00 Acres: $625.00) (6.01-+ Acres: $1250.00 + $18.75/Acre) Ras 28 TA32S rip until a' TIAis or 1000 or more consultant. daily TIA fccs and/or revicw conducted/tevicved. by the consultant. AAXMACMATUENZANDNN PROPERIYOWNER best of my knowledge, information and belief. Further, site the Johnston County Board of Commissioners, no activity that all the information presented in this petition/application is accuratc to the Icertify on this date. oft this pctition. ONAVERGAIGNAYURE: L APPYEANIPPIGNTUNE: iR StaffUse Only: Iunderstand that should this petition/application bc approved by can take until a site plan and/or any other land place DATE: 12-1-2023 DATE: 12-1-2023 whilc revicw development permits arc issucd. Additionally, I allow county staff acccss to thc pctition propcrty conducting FEE: SUBMITTALDATE: RECEIVED BY: a4-bl Please copyforyour records 2023 Johnston County Planning & Zoning 3091 E. Markct Strect, Smithficld, NC27577 Phonc (919) 989-5150 Fax (919) 989-5426 phasesau/Pamang REZONING & CONDITIONAL APPLICATION 0sy ZONING COMPLETEI FORC CONDITIONALZONINGAPPLICATION The applicant must ansver thej followving questions and provide adequate explanation Board in determining its ecommendation. and proposed tol bc opcrated so as to maintain/promote the cach. These questions will be used as guidelines for the Planning and documentationfor 1. Explain how the use/devclopment isl located, designed, public! health, safety, and gencral welfare: SNGEFAMIYRESDENTAL APPLICANT IS REQUESTING REMOVAL OF THE ESA AREA ON THESE PARCELS. all under the proposed ncw district classification arc appropriate for thc ncighborhood or 2. Explain how uses permitted arca: how the usc/devclopment is located, designed, and proposed tol bc opcrated so as to maintain/enhancc the 3. Explain character of the neighborhood, and that the use/development is: a public necessity: is consistent with the Johnston County Comprchensive Land Use Plan and 4. Explain how the proposed zoning change other adopted plans and policies: Proposed Conditional Zoning District Information: oft thc district, a projcct narrativc, and a list of proposed land uscs tol bc allowed within thc 1. Plcasc providc thc purposc conditional: zoning district. FEE: SUBMITTALDATE RECEIVED BY: StafUse Only: Please copyfory your records 2023 Johnston County Planning & Zoning 3091 E. Markct Strect, Smithficki, NC27577 Phonc (919)989-5150 Fax (919) 989-5426 wwphmonecmp.mang REZONING & CONDITIONAL ZONING APPLICATION 2. Conditions to: apply to thc Conditional Zoning District: Within a Conditional Zoningl District, additional any conditions that you proposc, as thc: applicant, bclow. conditions andi be added which may assisti in review Pleasc list process. requirements may andt the environment. Staff, the mitigating thei impacts the development may have on the surrounding community: Planning Board, and Board ofCommissioners: may propose additional conditions duringt the FEE: SUBMITTALDATE: RECEIVEDBY: StaUse Only: Please copyforyour records 2023 Fokndon Bounty DEPARTMENT OF PUBLIC UTILITIES POBOX2263 SMITHFIELD, NC 27577 (919)989-5075 MEMORANDUM TO: FROM: DATE: RE: Rick J. Hester County Manager Chandra C. Farmer, PE Director of Utilities December 1, 2023 Chendie Coy ovmu Response to Request for Correction of Environmentally Sensitive Area Boundary Parcels Tax ID: 11K99014N, 11K00914T, and 11K99014U Please be advised that Ihave reviewed the analysis prepared by Shayne Leathers, PE (Bass, Nixon Engineers) for Johnston County Taxl IDs: 11K99014N, 11K00914T, and 11K99014U as it related Kennedy tot the County/sestalblished' Environmentally: Sensitive Area. The intent oft the Environmentally: Sensitive Areai in this area of the County, when originally adopted, as toi include the Little River drainage basin. The analysis completed by Mr. Leathers utilities the County's 2't topographical data to show that Johnston County Taxl IDs: 11K99014N, 11K00914T, and 11K99014U within the Little River drainage basin in. Johnston County. The data provided indicates the are not referenced parcel isl located within the Moccasin Creek (Johnston/Nash County line) drainage basin. Please let me know ify youl have any questions or need additional information. CC: Jessica Batten, El Shayne Leathers, PE, BNK Engineering G) G o BASS, NIXON & KENNEDY, INC. CONSULTING ENGINEERS BIBCHAPIEPEEGIAE RALEGINCP 115,151 BARNES ROAD SUBDIVSION BARNES ROAD Fon MeSRTIGIES oLE SIEET C1.1 BNK NCCOLACEIN TCANCAVESICK XAMSIONCCNTI, MOINEARCIRI SCEYI CKEVS! STAFFI REPORT CONDITIONALZONING CASE24-02 Rezoning Petition: Petition to rezone 8.46 acres ofa 39.43 acre tract located at 3509 Crockers Nub Rd. in the O'Neals Township from Agricultural Residential (AR) to General Business- Conditional Zoning (GB-CZ). Tax ID: 11P01031B Owner: Stanley Hall Applicant: Stanley Hall contractor. Utilities & Services: Conditional Zoning) Request: Electrical, lighting yard, and equipment storage for Duke Energy O'Neals Fire District and North Johnston Rescue Squad. Existing and Surrounding Land Uses/Zoning: Existing Land Use: Zoned AR and is vacant land. Surrounding Land Uses: Zoned AR and used for agricultural and residential purposes. Traffic Concerns: Traffic count for this portion of Crockers Nub Rd. is not available. Crockers Nub Rd. does not appear on the Comprehensive Transportation Plan as needing improvement. This area is located within a designated "Agricultural Area" Placetype on the County's Envision Johnston Comprehensive Land Use Plan. This denotes areas that are intended to Land Use Plan: remain rural while allowing some residential uses at very low densities. Additional Information: Number of notices sent: 8. STAFF RECOMMENDATION: APPROVAL based on the following consistency statement. Consistency Statement The request is consistent with the Envision Johnston Comprehensive Land Use Plan RS-1 "Strengthen emergency reasonable: andi response int thej public interest in that the developmenti is listedasac conditional: zoning int the Agricultural Residential zoning, and willl have very limited traffic to and from site and will alsol help restore power quicker and resiliency by tracking and preparing to manage emerging issues." The request is after outages. Finding of] Facts for the Conditional Zoning: located, designed, and proposed tol be openatedsoastomainain or promote 1. That the use or development is the public health, safety, and general welfare; al Duke Energy Contractor. to accommodate the Applicant: Requesting the area to be leased to have the zoning changed request to: allow MasTec to use this area fora an electrical, lightingyard and equipment storage as the to with all required use and intensity regulations of Code and the applicable specific standards 2. That the use of development appears comply Articles II & IV oft the Johnston County Land Development in section 14-257 and with all applicable regulations; Applicant: There are no neighborhoods in the rural area and would allow the applicant an 3. That thet use or development isl located, designed, andj proposed tol be operated so ast tomaintain or enhance the value of contiguous property, or that the use or development is aj public necessity; Applicant' Thej propertyi isl located outside of] Kenly. Thisi is a warehousing: yard for MasTec,al Duke Energy Contractor. Thel leased area will haveag gravel base, chain linked fence, barbed wire on the top and be accessible through a gate. There will be minimal traffic to the yard. Theyard will be additional use: for this area. used to store lighting and equipment. 4. That the use or development conforms with general plans for the physical development oft the County's Planning jurisdiction, the Design Manual, or other development policies as adopted by the Board of Commissioners. Applicant: This will allow for additional land usei in the area. Proposed Conditional Zoning District Information 1. Please Provide the purpose oft the district, aj project narrative, and al list of proposed land Applicant: Thisi is: a warehousing yard forl MasTec: al Duke Energy Contractor. Proposed to have thel land use changed to commercial from agricultural. The leased area willl have a gravel base, chain linked fence, barbed wire on top: and be accessible through a gate. There will be minimal traffic to the yard. The yard will be used to uses to be allowed within the conditional zoning district. storel lighting and equipment. 2. Conditions to apply to the conditional zoning district: Within a Conditional Zoning District, additional conditions and requirements may be addedwhichi may assist ini mitigating the impacts the development may have on the surrounding communily and the environment. Staff, the Plaming Board, and Boardof Commissioners. may propose additional conditions during the review, process. Please list A. Permitted uses: To: allow for al lighting yard and equipment storage for MasTec, a Duke Energy Contractor. There will be minimal traffic to the area. Any lighting will be down lighting as to not shine on adjacent landowners. Any signage, development, and/or vegetation will be in coordination with Johnston County requirements. any conditions that you) propose, as the applicant, below. Conditions: 1. Permitted Uses: Lightingyard and equipment storage for MasTec, A duke Energy Contractor. 2. Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff. 3. All buildings and/or structures must comply with rules enforced by Federal, State and Local 4. agencies. Install Class B landscaping buffer. Existing natural vegetation may be used ife equal or more intense. 6. Any lighting will be downlighting or dark sky sO as not to shine on to adjacent properties. (proposed by applicant) 5. The areal housing allt the equipment (Proposed by Applicant) shall bee enclosed within an 8' screen fence with barbwire. topped G QuISNOH AD AMV 24-02 NOTICE OF PUBLICHEARING! CASE: 24-02 (919) 989-5150 JAN/12/2024 JAN/12/2024 JAN12/2024 Johnston County Planning & Zoning 309) E. Market Strect, Smithficli, NC27577 Phone (919) 989-5150 Fax (919)989-5426 yphnioncmP.mng REZONING & CONDITIONAL ZONING APPLICATION APPLCANTINPOMMAION Namc of Applicant/Peitioner, Stanley Hall Mailing Address of Applicant:. Telephone: 919-906-1503 Email: hal@morisete.com. POPAKTTINIOAATON Owners Name(s): Address of Owner: Telephone Site Address:_ Tax) IDI Number State Road #: Township:. ZONINGI INFORMATION 11217 Smith Road Middlesex, NC: 27557 Fax: Stanley Hall 919-906-1503 11P01031B 2112 O'Neals Email: shall@moriscte.com 3509 Crockers Nub Road Kenly NC Deed Book: 5677 Zoning District:. GB-CZ Page: 647 Current Zoning District(s):. Agriculture d Requested Acres Bcing Rezoned: 7.31 &1.15acres forl leased for area accoss Total. Acres in Parcck:, 39.43 CONDITONALZONNGINFORMATION (Ifrequesting Conditional Zoning, pleaso fillo out thiss scctions and) Pages 2-3. List Requested Uses: Area tol be leased for Mastec lighting) yard. Ckehellhy yari ard eypma Shnye far Dokefnany SUBMITTAL REQUIREMENTE 1. Completed. Application 2. Zoning Fcc: (Lcss then: 3 Acres: $375.00) (3.01. -6.00 Acres: $625.00) (6.01+ Acres: $1250.00 + $18.75/Acre) VaBas LA3S 3. (5)-FOLDED: 18x24 & (10)- FOLDED: 11x1 17 copics of the preliminary plat Certified' TIA required for devclopments with 100j peak hour trips or 1000 or more daily tpApplicani? must cither be performed by the County consultant, or revicwed by the County's consultant. TIA fces and/or review fces must bcj paid byt the: applicant. Developments requiringa a TIA cannot be placed on an agenda until a'TIAis conducted/reviewed by thc consultant. GERTIFICATION: OFAPPLCANTAND/ON PROPERIYOWNER date that all the information presented in this petition/application is accurate to the Icertify on this development permits of this petition. OWNER(S) nk "AA4 APPIICAIT/S) AYT Slane StaffUse Only: information and belief. Further,I understand that should this petition/application be approved by best of my knowledge, Board of Commissioners, no site activity can take place until a site plan and/or any other land the Johnston County arc issued. Additionally, I allow county staff access tot the petition property while conducting review PA58-23 443 FEB: SUBMITTALDATE: RECEIVED: BY: Q44 Please copyforyour records 2023 Johnston County Planning & Zoning 309E. Markct Strect, Smithficld, NC27577 Phonc (919) 989-5150 Fax (919) 989-5426 wphsoccam/pam, REZONING & CONDITIONAL ZONING APPLICATION COACUATZTOKCNDITeNIOMLZCANNGADAIRCIION Board in determining its recommendation. publicl health, safety, and general welfare: The applicant must anser thej follonving questions and provide adequate explanation and documentationfor cach. These questions mill be used as guidelines for the Planning 1. Explain howt the use/development is located, designed, and proposed tol be operated so as to maintain/promotc the Requesting the arca tol bc lcased to havc the zoning changed to accommodate thei request to allow MasTec to usc this arca for an electrical, lighting) yard: and equipment storage as al Dukc Energy Contractor. 2. Explain how all uses permitted under the proposed new district classification are appropriate for the neighborhood or There area: are no neighborhoods in the rural area and would allow the applicant an: additional usc for this arca. 3. Explain how the use/development isl located, designed, and proposed tol be operated so as to maintain/enhance' the The properly is located outside of Kenly. Thisi is ay warehousing yard for MasTec,a Duke Energy Contactor. a areay willl have a gravel base, chain! linked fence, barbed wire on thet top and be accessible through gate. There will be minimal traffic to the yard. The yard will be used to store lighting and equipment. character oft the neighborhood,: and that the use/development is a public necessity: Thel leased. change is consistent with the) Johnston County Comprehensivel Land Use Plan and 4. Explain how the proposed zoning other adopted plans and policies: This will allow for additional land use int the rural area. Proposed Conditional Zoning District Information: 1. Please provide the purpose of the district, a project conditional voning district. narrative, and a list of proposed land uses tol be allowed within the Thisi isa warchousing yard for MasT'ec: al Duke Energy Contractor. Proposed to have the land use changed to commercial from: agriculture. Thel leased area willl have a gravel! basc, chain linked fence, barbed wire on the top: and be accessible through a gate.' There willl be minimal traffict to the yard.They yard willl bc uscd to store lighung and cquipment. Staff Use Only: FEB: SUBMITTALDATE: RECEIVEDBY Please copyforyour records 2023 CONDITIONAL Johnston County Planning & Zoning 309) E. Market Strect, Smithficld, NC27577 Phonc (919) 989-5150 Fax (919) 989-5426 wphsocapane REZONING & ZONING APPLICATION 2. Conditions to apply to the Conditional Zoning) District: Withina a Conditional Zoningl District, additional conditions and requircments may be added which may assisti in mitigating thei impacts the development mayl have ont the surrounding community: and the environment. Staff, the Planning Board, and) Board of Commissioners may propose additional conditions duringt the review process. Please list Permitted Uscs:" To allow for al lighting yard and equipment storage for MasTec, Duke Energy Contractor. There will be minimal traffic to the arca. Anyl lighting will bc down lighting as to not shine on adjacent landowners. Any signage, development, and/or vegetation will be in coordination with any conditions that you propose, as the applicant, bclow. ehmemCoyy.ns StaffUso Only: FEB: SUBMITTALDATE: RECBIVED! BY: Pleuse copy forgour records 2023 CONDITIONAL REZONING PLAT O'NEALS TOWNSHIP, JOHNSTON- COUNTY, NORTH CAROLINA DB7 776,PG684 FND. RODWICAP 6/8"IRON JIMIY BARBOUR SURVEVING" FND. 68 IRONROD NOTES: THISD BOUNDARYS SURVEYV WASD DONEY WITHOUTA ATITLEREPORT THES SURVEYEDPROPERIYISS SUBJECTT TOALLL LEGAL RIGHTO OFV WAYS,E EASEMENTS, RESTRICTIONORI RESERVATIONOFI RECORD. BASIS OF BEARINGS: PAOPERIVYIBLOCATEDNA THEN NORTHCAROLINAS STATEPLANE COORDINATE SYSTEM, NAD83 (2011), NAVD88. REFERENCES: DEEDREFERENCES ASS SHOAMEREONVERE TAKENFROMT THEJ VOHNSTONCOUMIVYGIS WEBSITE. PARCEL 1D NO. uPoiosI CITY. OF MLSON DB 1299, PG6 844 ND. 2.5'IRON PIPE PARCEL ID NO. 11P01031C HINNANT HINNANT, GEMNDOLY SIPHEN YN DOUGLA. FAYE DB 5677, PG647 FND. 5/8" IRON "JIMMY RODWICAP BARBOUR SURVEYING" PARCEL LD. 11P01031 HALL, STANLEY V. &HALL, BRENDA L. DB5130,PG108 PB85,PG356 NC. SR-2112 (60' NUB GRAPHICS SCALE ROAD CEN RA) PLASTICPIPEC CULVERT 1INCH= 100FEET Unol Table LEGEND Uinof Drecion Length LI N79-051 14W 60.8 PROPERTYLINE ADONERPROPERIYINE 12 NO1"411E 30.4 PROPOSEDLEASE/ AREA L3 NOI"40'55E 414.6 PROPOSEDACCESSVA GRAVELF ROADLINE L4 N88' 191 10W 315.8 TOPOFB BANK L5 S0I"4108W 393.1 TREELINE RIGHTOFVAYUNE L6 N78'54'16W OVERHEADELECIRIC L7 NOIATIE 4,769.1 UNDERGROUNDFIBER MONUMENTE FOUNDA ASNOTED L8 N72'3 37'21E 402:2 0 POLE L9 S0I"4111W L10 501411 11W 2,610.0 FND. 5/8 IRONRODWI CAP"JIMMY BARBOUR SURVEYING" PLASTIC PIPE CULVERT PLASTIC CULVERT FND.3.5* CONCRETE MONUMENT FNO.3 3.6" CONCRETE MONUMENT FND. "IRON ROD ProposedLease Area Corner Northing Easting 712778.3 2247276.7 B 712790.9 2247579.2 C 712296.6 2247564.7 D 712295.6 2247599.7 E 711801.3 2247585.1 711773.8 2247247.2 PARCEL ID NO. 11P01031B HALL, STANLEY V& HALL, BRENDA L. 0B 5664, PG 206 39.43 ACRES PROGRESSIVE -PARCEL ID! NO. DEVELOPMENT 11P01030 PARTNERS MLSON NASH DB 2215, LLC PGI 170 FND. 5/8"IRONROD BARBOUR WICAPJIMMY SURVEYING" FND.58" IRON RODWICAP "IMMY BARBOUR PLASTIC PIPE CULVERT 4.4 2,352.7 301.3 THE 35.0- PROPOSEDLEASE AREAT RWI OFNCSR-2112 PROPOSED2SLEASE AREAA (1.15ACREST ACCESSR TOT THE RWOFI NCSR-2112) IRCEL 1D. 11P01031 HALL,. HALL, STANLEY BRENDA V. L. DB 5130, PG 108 PB 85, PG356 FND.5/8" IRONROD FND. RODWICAP 5/8"IRON "JIMMY BARBOUR SURVEYING" NC GROCKESRISI (60' PUBLIC NUB RAg0 CAR SEAL L-36740 10 URE WARNER L4 1 certilfy thot this mop wos drown under (deed my description supervision recorded from on in Book actuol 5664, survey made 206): under my thot supervision the ratio of precision or positional occuracy is FCOO20) and thot this mop meots tho requirements of The Stondords of Practico for Lond Sureyingin-gth Corolino (21 NCAC 56. 1600).". of This17th doy November, meAs ARNER KIMEL,PLS 39 2023. GRAPHICS SCALE IINCH=40OFEET TRC SEASTCARS IRGPELNE UEN CONDITIONAL REZONING PLAT MASTEC- KENLY LIGHTING YARD 3509 CROCKER'S NUB RD, O'NEALS TOWNSHIP, JOHNSTON COUNTY, NORTH CAROLINA STAFF REPORT CONDITIONALZONING CASE: 24-03 Rezoning Petition: Petition to rezone .208 acres ofa 10 acre tract located at 416 David Rd. int the Wilders Township from Agricultural Residential (AR) to General Business-Conditional Zoning (GB- CZ). Tax ID: 16K02032 Owner: Edgar. Jose Mendoza Cordova Applicant: Edgar Jose Mendez Cordova Conditional Zoning Request: Commercial tree service vehicle and equipment parking. Utilities & Services: North Side Fire District and Clayton Rescue Squad. Existing and Surrounding Land Uses/Zoning: commercial vehicle parking Existing Land Use: Zoned Agricultural Residential and used for those purposes as well as for Surrounding Land Uses: Zoned AR and used for residential and agricultural purposes. There are several businesses on this road that have: zoning violations. Traffic count for this portion of David Rd. is not available. David Rd. does not appear on the CTP as needing improvement. Traffic Concerns: Land Use Plan: This area is located within a' "Low Density Residential" future land use Placetype on the County's Envision Johnston Comprehensive Land Use Plan. Staff Comments and Recommendation: Number of notices sent: 6 This property came in as a zoning complaint to our 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. STAFF RECOMMENDATION: Denial, based on thei inconsistency with the Comprehensive Land Usel Plan and the continued violation of property. Also, David Rd. is not state maintained and is in very poor condition that can be made worse by the use of commercial vehicle travel. 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: and proposed to be operated sO as to maintain or promote the 1. That the use or development is located, designed, public health, safety, and general welfare; Applicant: It is located in the countryside of Wendell, NC. The lot is at the end of the neighborhood and cannot be seen from the street, since iti iss surrounded by trees. The use of thel lot will be used for the parking of 3 trucks, 2 trailers (attached to the trucks), 1 bobcat on the trailer, stump grinder on the trailer, and a wood chipper connected to one truck. 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 Applicant: We will be contributing to the aesthetic of the neighborhood road. Itis a gravel Typically with a couple of neighbors who have machinery/arm equipment, wel help upkeep the road. 3. That the use or development is located, designed, and proposed to be operated sO as to maintain or enhance the Applicant The area will strictly be used for the parking of the trucks and the equipment mentioned 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: Since the area we are rezoning will only be used for parking we consider we will not be having a major infrastructure affect as related to the Johnston County Comprehensive land use plans and with all applicable regulations; road. value ofc contiguous property, or that the use or development is aj public necessity; above. Most oft the neighbors havel large vehicles; ours are ofs similars size. and policies. Proposed Conditional Zoning District Information 1. Please Provide the purpose of the district, aj project narrative, and al list of proposed land uses to be Applicant: The area to be rezoned is located within a 10: acre lot. The area: measures 9,048 square feet. These measurements were provided by a survey done by. John Lowdermilk. Itis agravel and covered area. It will have a partial fence along the south and east side. Currently it has a small shed on the south side. We will strictly use this space for parking. 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 Plaming Board, and Board ofCommissioners may additional conditions during the review process. Please list any conditions that you allowed within the conditional zoning district. 2. Conditions to apply to the conditional zoning district: propose propose, as the applicant, below. Applicant: In the area to be rezoned there is: a landscape buffer to provide screening from the street. No additional lighting will be added. At the moment we have: 3 dump trucks, two ofwhich) have trailers, one with our bobcat and the other with ours stump grinder. The third truck has the wood chipper attached. The: area willl bel limited to 4 dump trucks with trailers and equipment. We will also adhere to the. Johnston County noise ordinance. Conditions: 1. Proposed uses: Parking of commercial vehicles, trailers, and construction equipment. 2. Limited to 4 commercial trucks, 41 trailers, and all other equipment must be stored on 3. The development shall conform to all requirements oft the. Johnston County Land 4. Applicant shall submit a detailed site plan for review and approval by the Planning and 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 be placed outside of any fencing. 7. All structures must comply with all rules enforced by Federal, State, and Local agencies. 8. Any lighting willl be dark sky or down lighting sO as not to shine onto adjacent properties. trailers. Development Code. Zoning Department Staff. (existing vegetation may be used) 6. All signage shall comply with the. Johnston County sign code. S4 6 3 $ 24-03 NOTICE OF PUBLIC HEARING 24-03 (919) 989-5150 CASE: VANV1212024 REZONING & CONDITIONAL ZONING APPLICATION PPLICANTININTORVATION Johnston County Planning & Zoning 3091 E. Market Street, Smithfick, NC27577 Phonc (919)989-5150 Fax (919) 989-5426 wphnsoincm/Phamng Name of Applicant/Petitioner, Edgar 365€ Mendsz Cordosa Mailing Address of Applicant:. 416 David Rd Wendell,c 2759) Telcphone:. SIV96TN4 Fax: Email_ Zogarimenoez Cordoya Ogmail.Com Owners Name(s):. Edgar Sose Mendez Cordov Site Address LI16 David Rd Wendell, NC 27591 MOPKIYINTOALVION Mailing Address of Owner:. Telephone: 571-1 334-3541/94637 7734 Email aamss-sgw Tax IDI Number: 16K02032 State Road; # Township:. WVilders ZONTNG INFORMATION Current Zoning) District(s): ARR N/A Deed Book: 6116 Requested Zoning District:. GB-c7 Paget a69-271 Acres Bcingl Rczoncd:_ .208 acyes Total Acres in Parcck:. +-loacres CONDITION ZONING INFORVATION (frequesting Condidional Zoning, please fill our this section: and Pages 2-3.1 List Requcsted Uscs:_ Tree Service Venichle and Esvipment Rurkiny 0) AVITANOROCAANNN Completed. Application 2, Zoning Fec: (Less then 3Acres: $375.00) (3.01 -6.00 Acres: $625.00) (6.01+ Acres: $1250.00 + $18.75/Acre) 2-1-2023Q 11:59 a (5)-FOLDED: 18x24 & (10)-FOLDED: 11x1 17 copics oft the preliminary plat say Certified' TIA required for evelopments with 100 peal hour trips or 1000 or more daily trips. ApplicantsTIA must cither! be performed by the County consultant, or revicwed byt thc County's consultant. TIA fces and/or revicw fecs must! be paid by thc applicant. Developments requiringa' TIA cannot be placed on: an: agenda untila a'TAis condlucted/tevieved" by the consultant. CIRTTICAYIONOF. PICANTAIND/OK ROPERDOINER Icertify on this date, of this pctition. OWAIBIR/SAIGPATURE: Eaayl ETR SifUso Only that all the information prescnted in this petition/application is accurate to the best of my knowledgc, information and bclicf. Further, undcrstand 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 are issued. Additionally, I allow county staff: access tot the petition property whilc conducting revicw DATE. 17/1/23 DATE:, Bl75 SIGNATURE: FEE: SUBMITTALDATE: RECEIVEDI BY: 24-03 Ploase copyf foryour records 2023 REZONIING & CONDITIONAL ZONING APPLICATION Johnston County Planning & Zoning 3091 E. Market Street, Smithfiel4,NC27577 Phone (919) 989-5150 Fax (919) 989-5426 wyphmoucom/Pamang COMIAITATOIGONDTIONILZONNC-PVIICMION Board in determining its recommendation. public health, safety, and gencral welfarc: The applicant must answer thej follonving questions and provide adequate enplanation and documentation) foreach. These questions avill be used as guidelines for the Planming 1. Explin how the use/deyelopment: is located, designed, and proposed tol bc opcrated so: as to maintain/promote the Eis localed in Ane Countrysicle of wendell,Ns.The lotis at ne end ofihe nsignber) hood und Cuhnot e seen from -ne strect, since itis Sufcovnded by tres. Tnc use of tnk lot wwill he used for the parliny of 3hveks,2 hailers - Cathacnes do Irks)1 bobsat (en Ine treiler), Shumppcinder Con the troilerytinl 2. Explain how all uses permitted under the proposed new district classification are appropriate for the neighborhood or We will be contributiny to tne qestnetic oftne neiylorhoed road. 1isa eravsl road. Tupically with a Covple of neiynbus wnu have macnmry/farm wootat chipper Cconnechad to 1truel). Arca: cquirmenty wE helpsplesp the rocd. 3. Explain howt the use/development is located, designed, and proposed tol be operated so as to maintain/enhance the character oft the neighborhood, and that the usc/development: is: a public necessity: "Inc arca will Shnichly be used for tne parkhy ePhne trucks ano equipment mentined aboue, Most of te neiynbocs nave larys vehilerjovrs Arc of Similur Size, 4 Explain, howt thej proposed: zoning changei is consistent with thc) Johnston County Comprchensive Land Usc Plan and Since thx area we cre elonhy will enly he oSed for parllng we Consider we will not be havhy Aapalafins effect asreluedho kna Johnshn othcr: adopted plais andj policies: Comty Compreheashs land bSe plans cnd pulicies Proposed Conditional Zoning District Information: 1. Plcase provide the purpose oft the district,aproject: natrative, and a list of proposed land uses tol be allowed within the ThMe A64 to be re Zoned is loceded w?mm alo cAvre let. The area mesSures 4,048 SeNsfeeh. Insse Meusurments weye providea by a Sunvey done by Sahn Levmermik-l isq grelu Covered crea.l SMDL heve a parhl Fence aibny te South and east se. Cumently i has CA small Snes oA hna Sosth'side, We will Shctly uSe tnis spcce r puckmy conditional zoning district. St4ffUse Only: FEE: SUBMITTALDATB: RECEIVED: BY: Please copyforyour yecords 2023 REZONING &c CONDITIONAL ZONING APPLICATION Johnston County Planning & Zoning 3091 E. Markct Street, Smithficld, NC27577 Phone (919) 989-5150 Fax (919) 989-5426 wphsomcmpang A Conditions to apply to the Conditional Zoning District: any conditions thaty youj proposc, ast the applicant, below. Within a Conditional Zoning District, additional conditions and requirements may bc added which may assisti in mitigating thc impacts thc dcvclopment mayl have on thc surrounding community and thc environment. Staff, the Planning Board, and) Board of Commissioners may propose additional conditions during the review process. Pleasc list In AWA areo lo be rezoned tnere is < landscape buffer to provide Sereeningfrem the sireet, No stechionul lgnling winl be aidded. Al Ine Movny W2 nuve nce ompirvstw of wnicy huve ralenene wiln oJr bebcakand Ane oines with pur sume grinder. Ine thd rvcw hus tne sb6cl chipcy ateched. Thc aea SAill be limiled tu Fovr dump trvcks wh trailers and cuwipnent.We will also adnere to the Johnskon Counlvy noise orlinances. StaffUse Only: FEE: SUBMITTALDATE: RECEIVED BY: Please copy for your yecords 2023 M/B 3IVAId .09 IVoJ GIAVO 3dI Z<&< 00 Z<G<