Johnston Commissioners Settle Key Issues In New Development Ordinance

Board sets direction on farm buffers, subdivision approvals and density rules; commissioners also leave mass gathering ordinance unchanged

SMITHFIELD – Johnston County’s new Unified Development Ordinance moved significantly closer to a final draft Monday after County Commissioners settled several of the most debated issues involving residential growth, farmland buffers and subdivision approvals.

During an Aug. 17 session, commissioners reached consensus on a number of policy questions that will shape how development is regulated across unincorporated Johnston County.

Among the most significant decisions was a 35-foot minimum buffer between new development and adjoining farmland.

Commissioners, however, indicated they want some flexibility built into the provision before the ordinance is finalized. Among the possibilities discussed was allowing a smaller buffer when the adjoining farm owner agrees, or allowing developers to provide a wider buffer in exchange for less stringent landscaping requirements within that area.

The agricultural buffer has been one of the issues commissioners have wrestled with as they attempt to balance continued residential growth with protection of existing farming operations.

Who Approves New Subdivisions?

Commissioners also settled on a new tiered approach for subdivision approvals.

Under the direction favored Monday, county Planning Department staff would have authority to approve subdivisions containing 19 lots or fewer.

Subdivisions with 20 to 49 lots would go before the Johnston County Planning Board for approval or denial.

Larger subdivisions containing 50 or more lots would ultimately be decided by County Commissioners. The Planning Board would first review those projects and make a recommendation to commissioners.

That would represent a significant change from the current process.

At present, the Planning Board approves or denies most subdivision applications. County Commissioners generally become involved when a development also requires a zoning change or, in limited circumstances, when a developer seeks access to the county sewer system.

The proposed system would give elected commissioners direct authority over the county’s largest residential developments.

Gross Density To Remain

Commissioners also favored continuing to use gross density when determining the maximum number of lots allowed in residential subdivisions.

Gross density generally uses the entire acreage of a tract when calculating the number of potential lots, while net density excludes certain portions of the property from the calculation.

One consideration in maintaining the existing system is state legislation that largely prevents local governments from making existing land-use regulations more restrictive.

Johnston County already uses gross density.

Regardless of how density is calculated, residential subdivision lots in rural areas of the county must still contain at least 30,000 square feet.

Commissioners also decided not to reduce the minimum residential lot size in environmentally sensitive areas and watersheds. That requirement will remain 40,000 square feet.

No New Restrictions On Agriculture

Commissioners confirmed Monday they do not want the new UDO to impose additional regulations on agricultural operations located within subdivisions.

That means the county does not plan to establish restrictions on poultry or livestock, retail sales of farm products, or the use of electric or barbed-wire fencing in those areas.

The decisions resolve several of the policy questions that had remained outstanding as county staff continues preparing the new development ordinance.

The UDO is intended to consolidate and update Johnston County’s rules governing development, zoning, subdivisions and related land-use matters at a time when the county continues to experience rapid residential and commercial growth.

Mass Gathering Changes Put On Hold

During their regular evening meeting, commissioners declined to make changes to Johnston County’s existing mass gathering ordinance.

County staff had proposed lowering the threshold requiring a mass gathering permit from 4,000 people to 2,500 people.

Events meeting the lower threshold would have been required to obtain a permit and submit more detailed planning information. Staff said the proposal was intended to improve public safety at large gatherings.

A public hearing on the proposed changes drew opposition but no speakers in support.

Commissioners ultimately took the proposed revisions under advisement and left the existing ordinance unchanged.

Hearing Set On Sanitary District

Commissioners also scheduled a public hearing on the proposed dissolution of the Whitley Heights Sanitary District.

The district was created in 1988 and has since paid off its remaining loans for water and sewer infrastructure. Operation of the utilities has been turned over to Johnston County Public Utilities.

The public hearing will help commissioners determine whether there remains a need for an elected sanitary district board or a separate district tax now that the debt has been retired.

The hearing is scheduled for 6 p.m. Monday, Sept. 21, in the Commissioners’ Boardroom at the Johnston County Courthouse in Smithfield.

County Joins C-PACE Program

The board agreed for Johnston County to participate in North Carolina’s Capital Property Assessed Commercial Expenditure Program, commonly known as C-PACE.

The program provides a mechanism for commercial property owners to obtain long-term private financing for qualifying improvements such as energy-efficient heating and cooling systems, solar and other renewable-energy systems, water-conservation projects and similar upgrades.

A required public hearing drew no comments before commissioners approved participation.

County To Help Resurface Church Parking Lot

Commissioners agreed to pay half the cost of resurfacing a parking lot owned by First Baptist Church in Smithfield that is made available for public use.

County employees sometimes use the South Third Street parking lot, along with members of the public conducting business at the nearby Johnston County Courthouse.

The county agreed to contribute $3,815.62, representing half of the resurfacing cost.

Roads Recommended For State Maintenance

Commissioners endorsed an N.C. Department of Transportation request to add five subdivision streets to the state-maintained road system.

The streets are Walnut Hall Court, Batten Hill Lane, Turkey Creek Cove, Battery Circle and Winky Way in the Walnut Hill subdivision in Wilders Township.

September Proclaimed Smart Start Month

The board proclaimed September as Smart Start Month in Johnston County.

The proclamation recognizes the program’s role in early childhood development and asks county residents to recognize its work in early childhood education, health services and family support.

Smart Start has operated in North Carolina for approximately 30 years.

Budget Amendments Approved

Commissioners also approved several budget revisions.

The Johnston County Health Department received approval for a $447,541 carryover from the previous fiscal year.

The Sheriff’s Office received a $1,698.45 adjustment involving miscellaneous revenue and federal equitable sharing funds.

Commissioners also approved $1,200 in revenue for the Health Department from South College of Tennessee for employee training.

The board later entered closed session to discuss personnel and economic development matters.

Commissioners took no action after returning to open session.