January 18, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , January 18 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , January 18 , 2022 at 6 00 pm at the Johnston County Agricultural Center , 2736 NC Hwy 210 , Smithfield , with the following members Present Denise Byrd , Adam Caldwell , Michelle Davis , Allan DeLaine , Nicole Hackler , Freddie Hudson , Will Letchworth , Matthew Moore , Brooks Moore Johnston County Public Schools Representative Absent Brooke Holmes , Braston Newton Director , BOCC Representative , BOE Representative Also present Todd Marr , Planner ; Cameron Pittman , Planner ; David Mills , Attorney Chairman DeLaine opened the meeting at 6 00 pm with the Pledge of Allegiance Approval of the Minutes Upon a motion by Mr Caldwell to approve the December 21st Planning Board Minutes , seconded by Ms Hackler and carried by a unanimous vote of 7 - 0 , the December 21 , 2021 Planning Board Minutes were approved as presented Election of Officers Ms Hackler made a motion to nominate Will Letchworth as Chair , seconded by Mr Hudson There were no other nominations and Mr Moore made a motion to close the floor The vote was carried by a unanimous vote of 7 - 0 Mr Letchworth made a motion to nominate Nicole Hackler as Vice Chair , seconded by Ms Davis There were no other nominations and Mr Moore made a motion to close the floor The vote was carried by a unanimous vote of 7 - 0 All speakers were sworn in Subdivisions Crantock Rd Tract 2021 Owner Sanders Greystone , LLC , Sanders Crantock , LLC Developer Jones Creek , LLC Surveyor Freedom Firm PC Acreage Lots 45313 acres , 271 lots 1PageTax ID # 15H07011 Address 2618 Crantock Rd Mr Marr introduced the subdivision and referenced the above information He added that this subdivision was tabled at the December 21 , 2021 Planning Board Meeting and the updated total number of lots is 277 lots Mr Chip Hewitt , 101 Blackstone Ln , Selma , NC , Attorney representing the Developer , was present to answer any questions the Board may have Mr Hewitt shared that a revised preliminary plat was provided The Voluntary Agricultural District VAD will be noted on the final plat The total lot count will be 277 lots Mr Hewitt shared that the former farm area labeled as retained by the owner was also revised and now shows larger lots There is a remediation effort taking place on the former farm area Two mail kiosk locations were added to the revised preliminary plat Also , three cemeteries are identified as black spots on the revised preliminary plat and lots are skipped There is an amenity area noted on the revised preliminary plat , but there are considerations being given to an Open Space Fee - in - Lieu instead The Crantock House is not part of the subdivision The pond area to the west has been removed from the subdivision Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , was present to answer any questions the Board may have Mr Bagley stated the particulars of the development and shared updates shown on the revised preliminary plat Mr Bagley stated that traffic concerns shared at the last meeting were taken into consideration Ms Hackler asked about the usage of the VAD adjacent to the subject property and about a pond shown on lot 276 Mr Bagley stated that he did not know the usage of the VAD and that the pond shown on lot 276 is a watering hole Mr Bagley shared that the watering hole possibly could be filled in Ms Hackler asked if the watering hole remained that it would only be available to the parcel owner and they would be responsible for its maintenance Mr Bagley confirmed Chairman Letchworth asked about the access to lots 271 and 276 Mr Bagley stated that lots 271 and 276 would be accessed from the state maintained road Ms Byrd asked about the amenity area or open space area and plans for the area Mr Bagley stated that the watering holes and open space area would be maintained by the HOA Mr Hudson asked about the cemeteries and maintenance 2PageMr Bagley stated that the proposal would be for the cemeteries to be maintained by the HOA Mr Hewitt stated that state law permits family members access , so family members will have the option to maintain the cemeteries The HOA will assume maintenance of the cemeteries in the event of a lack of maintenance Ms Hackler asked the staff if the maximum allowable density is correct Mr Marr confirmed that 657 is the maximum allowable density Chairman Letchworth asked the staff about lots 271 and 276 and to confirm that the Code required all lots be served by internal streets Mr Marr confirmed and stated that these lots would need to be internally served and NCDOT could allow shared driveways Ms Stephanie Lofink , 105 Daniel Ct , Smithfield , NC lives in the Crantock Subdivision neighboring the subject property Ms Lofink shared concerns about drainage management Ms Lucy Brower , 56 Maple Leaf Ln , Smithfield , NC lives in the Swift Creek Hills Subdivision Ms Brower asked about the impact the new subdivision would have on the schools Per the staff report in the agenda packet , Ms Hackler shared that the subdivision will generate approximately 171 K - 12 students split amongst West Smithfield Elementary School , Swift Creek Middle School , and Cleveland High School Ms Hackler also noted that Cleveland High School is already well over capacity Mr William Dias , 948 Dickinson Rd , Smithfield , NC is an adjacent property owner who shared concerns about the impact to impervious surfaces Mr Dias shared experiences of previous road closings due to flooded roads Mr Dias shared concerns for the impact on traffic , law enforcement , fire departments , and schools Mr Dias also asked if the areas noted as retained by the owner were for future development Ms Angela Sutton , 190 Patricia Dr , Smithfield , NC lives in the Crantock Subdivision neighboring the subject property Ms Sutton expressed similar concerns as previous speakers Ms Sutton shared concerns of not having the infrastructure to support more building and concerns for evacuation and exiting the area in the event of an emergency Ms Sutton asked questions about the drainage and the buffer area along her property line Mr Landon Langston , 1133 Dickinson Rd , Smithfield , NC is a neighboring property owner and farmer that has farmed the subject property for the last three years Mr Langston shared concerns about traffic and water supply to the area Mr Langston also shared concerns for the schools , as well as flooding in the area As a member of the fire department , Mr Langston shared concerns for possible calls and emergency needs 3PageMr Danny Langston , 843 Dickinson Rd , Smithfield , NC is a neighboring property owner Mr Langston expressed concerns about having outgrown what the county can take care of , flooding in the area , and the impact on the schools Mr Langston also spoke about his farm land being put into a conservation and asked about an easement or boundary for the land that will need to be addressed prior to development of the subject property Chairman Letchworth shared information about the Land Use Comprehensive Plan and encouraged attendees to participate and express their concerns Mr Hewitt asked about the Land Use Comprehensive Plan and the future of lot sizes Chairman Letchworth stated that the LUC Plan has not been finalized Mr Hewitt expressed respect and appreciation for the comments of the previous speakers and called Mr Bagley to answer any questions from the Board Chairman Letchworth asked about stormwater runoff and stormwater management Mr Bagley shared that they reduced the number of lots and would go through Johnston County to obtain a stormwater permit They would want to convey stormwater toward Middle Creek and the 100 year floodplain and away from existing houses Ms Davis asked about providing Johnston County water service and individual septic Mr Bagley confirmed that the subdivision would be providing Johnston County water service and individual septics Chairman Letchworth asked about stream buffers Mr Bagley spoke about stream buffers and stated that developers would not clear anything that they don’t need to clear Most of the land has been cleared and in farm use Mr Hewitt asked staff if they were aware of anything that doesn’t meet County Ordinance and regulations Mr Marr responded yes In accordance with the Land Development Design Manual , Mr Marr shared information concerning easements developments creating 4 or more lots 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 requirements of this Section A waiver may be allowed if determined by the Planning Board that , in pursuit of this Section , a hardship is created upon the property that provides no benefit to the safety , welfare , and quality of life of the public Mr Marr referenced lots 270 and 271 and their direct access onto a state maintained road stating that the developer would have to prove a hardship to be approved Ms Davis asked about lot 272 and the previous hog lagoon on the property and would potential buyers be made aware of its previous existence 4PagePage pageNumber5Mr Hewitt stated that the previous hog farming operation is undergoing a remediation operation and nothing immediate can be done with the property Chairman Letchworth asked about previous areas reviewed noted as retained by the owner are now subdivided into lots Lots 270 - 277 are all showing direct access onto state maintained roads Chairman Letchworth asked if the Developer was requesting variances Mr Bagley confirmed that they are requesting a waiver from NCDOT given the size of the lots There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to direct driveway access unless the Planning Board felt the Developer had provided appropriate hardship Staff recommendation is for denial Upon a motion by Mr Caldwell to deny Crantock Rd Track 2021 , seconded by Mr Moore , Crantock Rd Track 2021 was denied by a vote of 6 - 1 with Ms Hackler in dissent , at the January 18 , 2022 Planning Board Meeting Rains Preserve Owner Donna Boyette O’Neal Developer Donna Boyette O’Neal Surveyor Stocks Engineering , PA Acreage Lots 2418 acres , 21 lots Tax ID # 04R03017C & 04R03017A Address 6774 Rains Crossroads Rd Mr Marr introduced the subdivision and referenced the above information Mr Ethan Averette , 801 E Washington St , Nashville , NC , representing the Surveyor , was present to answer any questions the Board may have Mr Averette stated the particulars of the development Mr Averette shared that lot 21 was road front with direct access onto Rains Crossroads Rd Mr Averette also shared that he had a letter from NCDOT permitting this direct access Mr DeLaine acknowledged the letter from NCDOT and asked if they would be meeting driveway requirements for Johnston County Mr Averette responded that they would have the 100 feet requirement between driveways , but would not have the required 500 feet between the three driveways They would be requesting a waiver for lot 21 5PagePage pageNumber6There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to direct driveway access onto Rains Crossroads Rd and less than 500 feet of separation between driveways Staff recommendation is for denial Upon a motion by Mr DeLaine to deny Rains Preserve , seconded by Mr Caldwell , Rains Preserve was denied by a vote of 6 - 1 with Ms Hackler in dissent , at the January 18 , 2022 Planning Board Meeting Cuddington Tract 2 Owner Wayne Cuddington Developer Wayne Cuddington Surveyor Freedom Firm , PC Acreage Lots 3218 acres , 25 lots Tax ID # 07E07020Y , 07E07020X , 07E07020Z , & 07E07020M Address 4348 NC HWY 50 Mr Marr introduced the subdivision and referenced the above information Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , was present to answer any questions the Board may have Mr Bagley stated the particulars of the development Mr Bagley stated that this is not connected to the previous Cuddington Tract and is to the east with a different parcel There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions in the staff report Chairman Letchworth asked the staff if the County Ordinance requires the new phase to be connected to the previous phase Mr Marr responded that the two tracts are not required to be connected They have two different entries Staff recommendation is for approval Upon a motion by Ms Hackler to approve Cuddington Tract 2 , seconded by Mr DeLaine , Cuddington Tract 2 was approved by a unanimous vote of 7 - 0 , at the January 18 , 2022 Planning Board Meeting Conditions and Requirements 6PagePage pageNumber7[ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Fee - in - lieu of open space shall be paid prior to recording 11 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 12 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 13 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must be obtained prior to construction 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 to North Carolina Highways 16 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 17 Left turn lane required with NCDOT driveway permit 18 Sight distance Triangles will be required for NCDOT Maintenance [ Public Utilities ] 19 Stormwater & Erosion Control Permits Required 20 Stormwater Statement Required 21 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call may be necessary if one has not been done already 22 Property limited to 15 impervious area without stormwater management 7PagePage pageNumber8[ Emergency Services ] 23 Provide “ No Parking ” signs on side where fire hydrants will be located 24 Provide flow test and hydrant distribution information Steven’s Chapel Rd Tract Phase II Owner RRT Development , LLC Developer RRT Development , LLC Surveyor Stocks Engineering Acreage Lots 7323 acres , 46 lots Tax ID # 04N12195O Address 2000 Block of Steven’s Chapel Rd Mr Marr introduced the subdivision and referenced the above information Mr Ethan Averette , 801 E Washington St , Nashville , NC , representing the Surveyor , was present to answer any questions the Board may have and shared that Phase II would not be connected to Phase I because of the wetlands and stream Mr Averette also shared that lot 46 does have an existing driveway approved by NCDOT Mr Hudson asked about the pond located on lot 41 to which Mr Averette responded that the pond would be fully included on lot 41 Ms Hackler asked about the driveway and letter from NCDOT for this subdivision as well as the driveway and letter from NCDOT for a previous subdivision heard tonight , specifically the difference between them for one to be recommended for approval and one for denial Mr Marr stated the difference is that the driveway in this subdivision is pre - existing Mr Brian Parker , 2323 Steven’s Chapel Rd , Smithfield , NC , is an adjacent property owner who shared concerns about the traffic impact Mr Parker shared about the increase in traffic with the addition of the bridge over HWY 70 and the deterioration of the road Mr Parker also shared concerns about the water pressure dropping with increased development Mr Parker also spoke of concerns about the impact on schools , as well as asked about a gas line and the utility easement that cuts across the subject property Mr Steve Grice , 2326 Steven’s Chapel Rd , Smithfield , NC , is a neighboring property owner who shared similar concerns about the traffic impact Trucks are using Steven’s Chapel Rd as a thoroughfare Mr Grice shared concerns about drainage Mr Grice asked about plans for clearing the trees on the property and the impact on drainage further down Steven’s Chapel Rd Mr Grice also asked about the power lines in the utility easement and development on bad soil Mr Grice requested that NCDOT fix what exists prior to any more development - clean out culverts and pave the road 8PagePage pageNumber9Mr Caldwell asked about weight limit restrictions for this road and about signage Chairman Letchworth confirmed that there are weight limit restrictions in general but specific information about this road is not available Ms Hackler shared concerns about the outdated information available concerning traffic count with the last data from 2014 , especially with the rerouting of traffic due to bridge construction Mr ___ Wilson , Smithfield , NC , asked about Traffic Impact Analysis TIA and the requirements to which Chairman Letchworth responded 100 lots are needed for a TIA Mr Wilson also commented that the trucks traveling on Stevens Chapel Rd are over allowed weight limits Mr Wilson also asked about the 500 feet driveway separation requirement and why there isn’t a current TIA for the subdivision Chairman Letchworth responded that the driveway requirement is part of the Johnston County Land Development Design Manual and that the County can have different requirements than NCDOT Mr Parker spoke about the culvert on the property stating that it is not in good condition and has not been cleaned or used in years The farmer uses another driveway to access the farm land on the subject property Mr Parker also shared similar concerns about the draining problems in the area Mr Averette responded to the questions presented stating that lots 29 - 35 allow enough room between the front setback and the utility easement for homes The Developer only plans to clear the land necessary to build the road , ditches , and drainage facilities All remaining would be left wooded ; the home builder would clear what is needed to build the home Mr Averette also addressed stormwater concerns stating that all wetlands and buffers would remain and all runoff is planned to drain toward the wetland areas A soil scientist has checked the soils for septic suitability and good soils are noted on the preliminary plat Chairman Letchworth asked about any conversations with NCDOT concerning required improvements on Steven’s Chapel Rd Mr Averette stated that they have not submitted requests for driveway permits and have not had that discussion There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions in the staff report Mr ___ asked how long it would take to get an updated traffic count Mr Marr shared that this information is available on the NCDOT website and he confirmed the last reported traffic count was 2014 9Page0Ms ___ asked how long it would take to get information from NCDOT Ms Hackler expressed concerns about the outdated traffic count but does not want to delay the developer Mr Marr shared that Mr Sam Lawhorn with NCDOT has reviewed this and the only comment was that a NCDOT driveway permit would be required and no additional driveways could be used besides the pre - existing driveway Staff recommendation is for approval Upon a motion by Ms Hackler to approve Steven’s Chapel Rd Tract Phase II , seconded by Mr DeLaine , Steven’s Chapel Rd Tract Phase II was approved by a vote of 4 - 3 with Hudson , Caldwell , and Moore in dissent , at the January 18 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets with the exception of lot 46 which can use existing driveway off of Steven’s Chapel Rd 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 11 Fee - in - lieu of open space shall be paid prior to recording 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 mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot 10Page1[ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 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 to North Carolina Highways 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 19 Stormwater Statement Required 20 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call will be necessary to officially set the start points of the buffers if one has not been done so already 21 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 22 Provide “ No Parking ” signs on side where fire hydrants will be located 23 Provide flow test 24 Two hydrants on Street A are approximately 1150 ’ from each other breaking the 500 ’ threshold Add a hydrant at Steven’s Chapel Rd & Street A intersection and relocate proposed hydrant at 42 43 east towards Street A B intersection There was a short 10 minute break Rezoning and Conditional Zoning Cases Rezoning Case 22 - 01 Rezoning Petition Agricultural Residential AR to Agricultural Residential with Interstate Highway Overlay AR w IHI Tax ID 05E01199B , 05E01199A , 05E01008 , 05F02199M , 05E01199 , 05F02199 , 05F01199R Owner Madge Johnson Jones Trust & Claude Trotter Jr Applicant Site Development Charles Walker Location 1200 block of New Bethel Rd in the Cleveland Township Mr Marr introduced the case and referenced the information listed above 11Page2Ms Davis asked staff for clarification on what could go on the property if it is rezoned to AR with IHI Mr Marr responded that it could be anything with either AR or IHI zoning and referenced the permitted table of uses Ms Hackler asked staff about any other nearby properties with IHI zoning to which Mr Marr pointed out those areas on GIS Ms Davis asked staff about access to these parcels to which Mr Marr shared that New Bethel Rd is the only access at this time Ms Davis asked staff if a road could be put in to access these parcels with an IHI zoning Mr Marr responded that he was unaware of the applicant’s plans Mr Keith Roberts , 202 Bonica Creek Dr , Garner , NC , representing the Developer , was present to answer any questions the Board may have Mr Roberts stated the particulars of the rezoning request and shared that these parcels neighbor subdivisions to the east and south and neighbor interstates to the north and west Mr Roberts shared that the developers originally wanted to do residential development , but were limited by the County’s sewer policy leading them to apply for the IHI rezoning The developers are fine with putting a condition on the rezoning indicating residential use IHI is needed to connect to the County sewer Mr Roberts questioned the information shared with him that the interchange needed to be in Johnston County Ideally , the developers would like to do a duplex type development Mr Roberts stated that this project is the best product for the site since it is located between the transition from single - family residential to a major interstate Mr Roberts shared that this type of project would have very low environmental impact , would not be a high traffic generator , and would not overburden schools Ms Davis asked staff if the developer would have to come back with a site plan if these parcels were to be approved for an IHI rezoning Mr Marr confirmed that it would come back to the Board as a special use application if they wanted County sewer for residential use Mr Marr stated that an approval for an IHI rezoning would open up development to anything in the permitted table of uses Ms Hackler asked staff if they have had conversations with the applicant to which Mr Marr stated Mr Newton has had conversations Ms Hackler asked if the applicant would pursue commercial development if not approved for the IHI rezoning for residential Mr Roberts responded that he understands the site to be undevelopable if not approved for the IHI rezoning 12Page3Mr John Hall , 127 Berringer Ln , Garner , NC , lives in the subdivision neighboring the subject property and expressed traffic concerns requesting a stop light at the intersection of New Bethel Rd and Cornwallis Rd Chairman Letchworth mentioned a previous TIA completed for a previous approval Mr Nate Bouquin , 5808 Faringdon Place , Raleigh , NC , representing Ramey Kemp Associates , stated they did not do the original TIA for the site but did the most recent TIA for the site As part of their TIA study , they recommended a turn lane As a result of their review , NCDOT responded with a requirement for the installation of a traffic signal for the New Bethel Rd and Cornwallis Rd intersection There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to inconsistency with the Land Development Code Chairman Letchworth asked staff if there was any methodology to limit development to residential if approved for an IHI rezoning Mr Marr responded that an IHI rezoning would permit any of the uses under this zoning and there is no way to limit the type of development Mr Marr stated the applicant would need to come back with a conditional zoning application for sewer Staff Recommendation Denial Mr DeLaine made a motion to deny Rezoning Case 22 - 01 The motion failed for lack of a second Upon a motion by Ms Hackler to approve Rezoning Case 22 - 01 , seconded by Mr Hudson , Rezoning Case 22 - 01 was recommended for approval by a vote of 6 - 1 with Mr DeLaine in dissent at the January 18 , 2022 Planning Board Meeting Rezoning Case 22 - 02 Rezoning Petition Mobile Home Park District MHPD to General Business - Conditional Zoning GB - CZ Tax ID 13A01030D Owner JMS Investment Group , LLC Applicant JMS Investment Group , LLC Location 700 block of Pearidge Rd in Pleasant Grove Township Conditional Zoning Request Commercial Building with offices and warehouse Mr Marr introduced the case and referenced the information listed above 13Page4Ms Hackler asked about the closest GB to which Mr Marr replied by pointing out the closest GB areas on GIS Mr Marr stated that there may be a few special use areas , but a mile or two away from the subject property Mr Keith Roberts , 202 Bonica Creek Dr , Garner , NC , representing the Developer , was present to answer any questions the Board may have Mr Roberts stated the particulars of the rezoning request and shared that the property is near the Harnett County and Johnston County line Mr Roberts shared that the owner bought the property with the intent to build but discovered the property has limited suitable soil Mr Roberts shared that this rezoning and development would serve an underserved area and would be in line with other commercial options in the area when looking into Harnett County Ms Byrd asked about the intended use of this property Mr Jared Shea , 3229 Summer Oaks Dr , Apex , NC , owner , replied that the intent is to use the property for a landscape business with a building and truck parking Mr Shea stated that the trucks would be mid - size pickup trucks and trailers Employees would drive regular passenger cars Chairman Letchworth asked about the closest properties with a similar use type in Harnett County Mr Shea stated that directly across from the subject property is Dupree Farms with a distribution center that has large tractor trailers coming in and out A little further down the road is a tobacco operation Ms Davis asked about the current MHPD zoning to which Mr Shea stated he understood that development stopped due to the lack of suitable soil for septic Mr Howard Babbitt , 56 E Williams St , Angier , NC , is a neighboring property owner that owns the mobile home park across the road from the subject property Mr Babbitt shared that a Right of Way was added to access the Dupree Farms operation dividing his property and creating drainage issues Mr Babbitt shared that every few years he is spending money on cleaning out the drainage Mr Babbitt shared that the community was small and quiet Mr Babbitt also shared that the front of the property is swampy due to the drainage coming from across the road Mr Roberts responded and confirmed that the stormwater on site is contained on site or comes from off site Mr Roberts also shared that they drafted a layout to assess drainage and much of the property is unusable There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to inconsistency with the comprehensive plan and lack of any surrounding business designations 14Page5Staff Recommendation Denial Upon a motion by Mr Hudson to approve Rezoning Case 22 - 02 , seconded by Ms Davis , Rezoning Case 22 - 02 was recommended for approval by a vote of 4 - 3 with Ms Byrd , Ms Hackler , and Mr DeLaine in dissent at the January 18 , 2022 Planning Board Meeting Proposed Conditional Zoning District Information 1 Please provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The purpose of the conditional district is to allow for a commercial building with offices in the front portion of the building and warehouse area in a majority of the rear of the building Portion of the property in the rear of the building will have a screened fence for equipment to be stored during non work hours This site will consist of a landscaping and grading business which will generally follow normal business hours Proposed uses Landscape Business , Light Grading Contractor , Equipment Storage area 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant Standard regulations that fall under General Business zoning like setbacks , buffers , landscaping and other site development standards Outdoor storage shall be contained within a sufficiently screened fence and landscape buffer Businesses will generally operate during standard business hours Conditions 1 Proposed uses Landscape Business , Light Grading Contractor , Equipment Storage area Proposed by applicant 2 Standard regulations that fall under General Business zoning like setbacks , buffers , landscaping and other site development standards Proposed by applicant 3 Outdoor storage shall be contained within a sufficiently screened fence and landscape buffer Proposed by applicant 4 Businesses will generally operate during standard business hours Proposed by applicant 5 Lighting shall be dark sky or down lighting so as not to shine on adjacent properties 6 The development shall conform to all requirements of the Johnston County Land Development Code 15Page67 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 9 All signage shall comply with the Johnston County sign code 10 Might need turn lane will be determined by NCDOT if approved 11 NCDOT Driveway Permit required 12 At time of development , if 17,000 sf of impervious area is proposed to be added a stormwater permit will be required 13 If an acre or more of disturbance is proposed , an erosion control permit will be required 14 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Rezoning Case 22 - 03 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13B03009I Owner JMS Investment Group , LLC Applicant JMS Investment Group , LLC Location 2752 Plain View Church Rd in Pleasant Grove Township Conditional Zoning Request Outdoor Storage for Boats , RV’s , travel trailers , and trailers Mr Marr introduced the case and referenced the information listed above Ms Hackler asked about the adjacent Voluntary Agricultural District and what type of houses were located on the VAD property Mr Keith Roberts , 202 Bonica Creek Dr , Garner , NC , representing the Developer , was present to answer any questions the Board may have Mr Roberts stated the particulars of the rezoning request and the subject property Mr Roberts also confirmed chicken houses on the adjacent VAD property Mr Roberts shared that this request seemed like a good fit and good use of the property given the location of the subject property , neighboring chicken housing , and limited suitable soil Chairman Letchworth asked how access would be managed for the outdoor storage Mr Jared Shea , 3229 Summer Oaks Dr , Apex , NC , owner , replied that access would be controlled by an automatic gate within set hours Ms Hackler asked about the 24 hour accessibility proposed on the application to which Mr Shea added that access would be controlled by an automatic gate with a keypad Mr Shea also added that the access hours could be adjusted if needed 16Page7Ms Byrd shared a concern about the fit for the community Mr Shea responded that there are seven proposed neighborhoods for the community within three miles of the subject property Some HOA covenants do not allow for storage of boats and RVs , so outdoor storage on the subject property for those neighborhoods would be the goal Ms Davis asked if this development would be all outdoor storage Mr Shea confirmed that it would be all outdoor storage and they would install a landscape buffer if needed Ms Hackler asked if Mr Shea had seen the conditions and what the conditions required concerning a landscape buffer Mr Shea responded yes Ms Davis shared a concern about security and possible trespassers Ms Hackler shared a concern about the 24 hour accessibility and security given the rural location Ms Hackler asked Mr Shea what adjusted hours would look like Mr Shea replied with the hours of 9am - 5pm stating that most items stored in the facility would mostly be weekend items There was discussion among Board members about possible open and accessible times for the outdoor facility The Board settled on the open hours of 7am - 9pm , Monday - Sunday Ms Hackler asked if Mr Shea would be willing to amend the conditions proposed , specifically condition 4 changing the accessibility and if he had concerns over any of the other conditions Mr Shea responded that he would want to provide a more intensive landscape buffer Ms Hackler shared that the Class B standard in condition 8 is a medium intensity and Mr Shea could always provide more Mr Marr confirmed There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to inconsistency with the comprehensive plan Staff Recommendation Denial Upon a motion by Mr Caldwell to approve Rezoning Case 22 - 03 with the recommended change to condition 4 , seconded by Mr Hudson , Rezoning Case 22 - 03 was recommended for approval by a vote of 6 - 1 with Ms Byrd in dissent at the January 18 , 2022 Planning Board Meeting 17Page8Proposed Conditional Zoning District Information 1 Please provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The purpose of the conditional district is to allow for a 24 hour accessible outdoor storage area The entire storage area will have a screened fence and landscaping This site will consist of outdoor storage for RV’s , travel trailers , boats , trailers and other recreation and commercial vehicles 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant Standard regulations that fall under General Business zoning like setbacks , buffers , landscaping and other site development standards Outdoor storage shall be contained within a sufficiently screened fence and landscape buffer Lighting will be engineered to not cause any adverse effects to adjacent properties 24 hour accessibility to property Conditions 1 Proposed uses Outdoor storage for boats , RV’s , travel trailers , and trailers Proposed by applicant 2 Standard regulations that fall under General Business zoning like setbacks , buffers , landscaping and other site development standards Proposed by applicant 3 Outdoor storage shall be contained within a sufficiently screened fence and landscape buffer Proposed by applicant 4 24 hour accessibility Hours will be 7am - 9 - pm seven days a week Proposed by applicant 5 Lighting will be engineered to not cause any adverse effects to adjacent properties Proposed by applicant 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 9 All signage shall comply with the Johnston County sign code 10 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 18Page911 If one acre or more is planned to be disturbed , an erosion control permit will be required 12 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 13 Fire hydrant needed at entrance on the same side of the road 14 An 8 foot opaque fence will be installed around storage area 15 NCDOT will determine if a turn lane is needed if approved 16 NCDOT driveway permit required 17 Gate shall be at least 100 ’ from right of way if trailer storage is proposed Items in bold were altered during the Planning Board meeting and agreed to by the applicant Rezoning Case 22 - 04 Rezoning Petition Agricultural Residential AR and General Business - Special Use District GB - SUD to General Business - Conditional Zoning GB - CZ Tax ID 06F04022V & 06F04016 Owner Double DJ Properties Denton F Lee & Jane A Lee Applicant Adams & Hodge Engineering , PC Location 9180 Cleveland Rd in Cleveland Township Conditional Zoning Request Assorted Businesses listed in GB District Mr Marr introduced the case and referenced the information listed above Mr Donnie Adams , 314 E Main St , Clayton , NC , with Adams & Hodge Engineering , PC , was present to answer any questions the Board may have Mr Adams stated the particulars of the rezoning request and the subject property Mr Adams stated that this particular development is consistent with the surrounding area and felt that this would be a good use for the property Mr Caldwell asked if there were any road improvements associated with this development Mr Adams responded that they have met with Mr Sam Lawhorn with NCDOT on site Referencing the conceptual site plan provided , they are proposing a left turn lane and changes to the existing driveways Mr Adams also stated they are aware that a NCDOT driveway permit would be required Chairman Letchworth asked if there was any opportunity to connect to adjacent parking lots for interconnectivity Mr Adams stated it is a point of contention and there is existing concern for how the site is being used 19Page0There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Ms Byrd to approve Rezoning Case 22 - 04 , seconded by Mr Moore , Rezoning Case 22 - 04 was recommended for approval by a unanimous vote of 7 - 0 at the January 18 , 2022 Planning Board Meeting Proposed Conditional Zoning District Information 1 Please provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Purpose of the district The purpose of the district is to develop a Neighborhood Commercial Node that is in compliance with the Johnston County 2030 comprehensive plan that will offer a palate of uses that will serve the adjacent neighborhoods Narrative In the old days , The DR Wells general store was the center piece of the Cleveland farming community Now that farms are slowly yielding to residential subdivisions the need for commercial and office space to serve the residential growth has come to the forefront Just across Cleveland Rd SR1010 , the Wellesley development alone has approximately 250 homes while Broadmoor East and West have approximately 220 homes In order to address the commercial and office needs the Parkview proposes to provide flexible , architecturally pleasing buildings , sited in a pedestrian friendly development that is well landscaped and maintained To this end Parkview will provide ? Safe access and egress for vehicular traffic ? Internal separation of vehicular and pedestrian traffic ? Public water and sewer so as to eliminate problems associated with septic tanks and wells ? Measures to address water quality through erosion control measures and stormwater management facilities while limiting impervious surfaces to 50 ? Landscaping that will enhance the general area while promoting environmental compatibility List of proposed land uses See attached list 20Page12 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant See attached List Conditions 1 Proposed uses Automotive part sales , Bakery - Retail , Bank , Bar Club , Barber Beauty shop to include nail salon , Business - Convenience Store , Business , Office , retail , and or wholesale , Civic fraternal social clubs and organizations , Dance Studio gymnastics , Dry cleaning , Government use facility , Hospital , kennel , libraries museums art galleries , Medical clinic , Parcel Post Shipping Receiving , Pharmacies , Physical fitness center , Printing Reproduction Publishing , Recreation - Indoor , Restaurant , Retail center , Spa - day , Spa - medical , Sporting Goods , Tanning salon , Thrift store - Apparel Household , Veterinary clinic Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Landscape buffer shall be installed along all rezoning lines 5 NCDOT driveway permit required 6 Right - in Right - out island should be larger and include stem , similar to the one across Cleveland Rd SR1010 7 All signage shall comply with the Johnston County sign code 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Discussion Items Mr Marr informed the Board that the February 2022 meeting would take place in the Johnston County Public Library Board members asked about returning to the Board of Commissioners Meeting Room Mr Marr advised Chairman Letchworth to contact Director Newton about changing the meeting location Ms Hackler suggested a joint meeting with the Board of Commissioners to share concerns heard from the public Discussion was had by the Board about the presence of a Commissioner at the Planning Board Meetings Mr Marr informed the Board that the Board of Commissioners were also meeting this evening which explained the absence of a representative 21Page2Ms Davis shared a reminder about the next Steering Committee meeting for the Comprehensive Land Use Plan to be held Thursday , January 27 , 2022 This is a public meeting Ms Davis shared information about the next phase of the process and spoke in favor of a joint meeting with the Board of Commissioners Chairman Letchworth suggested a Board Briefing at a Board of Commissioners meeting and would speak with Director Newton Ms Davis also recognized that Mr Brooks Moore was in attendance for the majority of tonight’s meeting Mr Moore is Chief of Facilities and Construction for Johnston County Public Schools The meeting ended at 8 45 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 22Page