February 15, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , February 15 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , February 15 , 2022 at 6 00 pm at the Johnston County Public Library , 305 E Market Street , Smithfield , with the following members Present Denise Byrd , Michelle Davis , Allan DeLaine , Nicole Hackler , Brooke Holmes , Freddie Hudson , Will Letchworth , Richard Braswell BOCC Representative Absent Adam Caldwell , Matthew Moore , BOE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Vice - Chairman Hackler opened the meeting at 6 02 pm Vice - Chairman Hackler stated that the Helen Stephenson Tract Subdivision would not be heard at tonight’s meeting The Developer requested that it be tabled until the March Planning Board Meeting Upon a motion by Ms Davis to table the Helen Stephenson Tract until the March 15 , 2022 Planning Board Meeting , seconded by Mr Hudson , the Helen Stephenson Track was tabled by a unanimous vote of 5 - 0 at the February 15 , 2022 Planning Board Meeting Mr DeLaine led the Board with the Pledge of Allegiance Chairman Letchworth arrived at 6 04 pm Approval of the Minutes Upon a motion by Ms Hackler to approve the January 18th Planning Board Minutes , seconded by Mr DeLaine and carried by a unanimous vote of 6 - 0 , the January 18 , 2022 Planning Board Minutes were approved as presented Chairman Letchworth recognized outgoing board member , Mr DeLaine , for his years of service on the Planning Board and presented him with a framed certificate All speakers were sworn in Subdivisions Eller Tract Owner Jeanette H Eller Developer Lipscomb Development Surveyor Adams & Hodge Engineering , PA Acreage Lots 3451 acres , 15 lots 1PageTax ID # 16L02035 Address 3490 NC Hwy 231 Mr Marr introduced the subdivision and referenced the above information Mr Donnie Adams , 314 E Main St , Clayton , NC , Surveyor Engineer with Adams & Hodge Engineering , PC , was present to answer any questions the Board may have Mr Adams stated the particulars of the development Mr Adams stated that at the preliminary level the streets and the lots are designed to meet UDO , the subject property is in the Environmentally Sensitive District , the CBU is shown on the preliminary plat by lot 15 , and there is an existing farm pond located entirely on lot 7 Ms Hackler asked if the existing farm pond would be sold with lot 7 and only with lot 7 Ms Hackler also asked if the owners of lot 7 would be responsible for maintenance of the existing farm pond Mr Adams confirmed There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Staff recommendation is for approval Upon a motion by Ms Holmes to approve Eller Tract , seconded by Ms Hackler , Eller Track was approved by a unanimous vote of 6 - 0 at the February 15 , 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 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 2Page12 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 [ Public Utilities ] 17 Stormwater & Erosion Control Permits Required 18 Stormwater Statement Required 19 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 20 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 21 Property is located within the ESA and limited to 12 impervious area without stormwater management [ Emergency Services ] 22 Need hydrant distribution 23 Need “ No Parking ” signs on side of street with hydrants 24 Provide fire flow test Rezoning and Conditional Zoning Cases Rezoning Case 22 - 05 Rezoning Petition Agricultural Residential AR and General Business GB to General Business GB Tax ID 12N11197W 3PageOwner Country Store Road Trust & Mike Smith Trustee Applicant Todd Gurganus Location 1275 Country Store Rd in the Pine Level Township Mr Marr introduced the case and referenced the information listed above Mr Todd Gurganus , 1423 Braswell Rd , Smithfield , NC , Applicant Owner , was present to answer any questions the Board may have Mr DeLaine asked if the Applicant Owner had anyone interested in the property or was the request to make the property more attractive Mr Gurganus stated that he owns several rental properties on the Johnston County Wayne County line and he has received inquiries from Wake County for warehouse space Mr Guganus stated that his intentions were to build some warehouses on the property Chairman Letchworth asked if there were other uses of similar type in the area Mr Gurganus stated that there is a convenient store and 10,000 sq ft building used by a chemical company in the surrounding area There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Mr DeLaine to approve Rezoning Case 22 - 05 , seconded by Mr Hudson , Rezoning Case 22 - 05 was recommended for approval by a unanimous vote of 6 - 0 at the February 15 , 2022 Planning Board Meeting Rezoning Case 22 - 06 Rezoning Petition Agricultural Residential AR to Community Business CB Tax ID 13D04005F Owner Adolpho Lemus Aguilera Applicant Adolpho Aguilera Location 14900 block of NC Hwy 210 in the Pleasant Grove Township Mr Marr introduced the case and referenced the information listed above The applicant was not present for the hearing There was no further discussion 4PagePage pageNumber5Upon a motion by Ms Davis to table Rezoning Case 22 - 06 until the March 15 , 2022 Planning Board Meeting , seconded by Ms Holmes , Rezoning Case 22 - 06 was tabled by a unanimous vote of 6 - 0 at the February 15 , 2022 Planning Board Meeting Rezoning Case 22 - 07 Rezoning Petition Agricultural Residential AR to Industrial 2 - Conditional Zoning I2 - CZ Tax ID 01G10024 Owner Freddy Kinsey Applicant FSC II , LLC Location 14100 Block of Raleigh Rd in Banner Township Conditional Zoning Request Asphalt Storage Terminal Mr Marr introduced the case and referenced the information listed above Mr Marr also provided board members with a copy of an email from Mr Wrenko with WithersRavenel addressing traffic and accidents as requested by the staff Ms Hackler asked about properties in the surrounding area with similar uses and mentioned Martin Marietta and ST Wooten Mr Marr confirmed those similar use properties and stated that those were zoned I2 - SUD Mr Newton showed surrounding properties on the screen pointing out areas in the Benson ETJ , as well as areas zoned I2 - SUD Mr Brent Wood , Applicant representing FSC II , LLC , stated the particulars of the request and was present to answer any questions the Board may have Mr Wood also shared that an attorney and a representative from WithersRavenel were present to answer questions as well There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency and conditions for consideration Mr Newton pointed out that a verbal affirmation for acceptance of the conditions from the Applicant would be needed since this was a request for conditional zoning Mr Wood affirmed that the conditions are acceptable Ms Hackler asked about condition item # 2 and the vagueness of the phrase “ rare nighttime activity ” 5PagePage pageNumber6Mr Newton explained options available to the Board for making changes to the conditions Mr Wood stated this would be a limited operation and that material deliveries would be by railroad Trucks would then deliver the material off site This operation mostly runs during the daytime Mr Wood stated the preference of removing the hours of operation of 7am until 7pm as listed in the conditions and shared a preference of 24 hours a day Mr DeLaine continued the discussion of changing the conditions to 24 hours a day Mr DeLaine asked about liquid asphalt and containment Mr Wood stated that the asphalt is heated to move , so it would not move very far if it got out The substance is almost non - flammable and would harden if it got out Ms Hackler stated that she had no other concerns with any of the other conditions Ms Hackler also stated that she would propose that the hours of operation in condition item # 2 be changed to 24 hours a day , 7 days a week Mr Wood agreed with the change in condition item # 2 Mr Jesse Wilson , Smithfield , NC , asked about the berm along the public right of way and any specific dimensions Mr Newton spoke about the County’s Design Manual and condition item # 8 Chairman Letchworth also shared information about the buffer shown on the preliminary plan stating that it met expectations with the Class C landscape buffer requirements Staff Recommendation Approval Upon a motion by Mr Hudson to approve Rezoning Case 22 - 07 with the proposed change to condition item # 2 , seconded by Mr DeLaine , Rezoning Case 22 - 07 was recommended for approval by a unanimous vote of 6 - 0 at the February 15 , 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 FSC II , LLC proposes to construct and operate an Asphalt Storage terminal for the handling and storage of asphalt cement , also known as bitumen , used in the road construction industry in the proposed location on Raleigh Rd The project represents a private capital investment in excess of 10 million dollars , employment of approximately 50 people during construction and approximately 10 - 12 during the operational phase The project provides FSC II , LLC within the 6PagePage pageNumber7North Carolina Market with supply of liquid asphalt cement used in the road construction industry Purpose Road construction requires Hot Mix Asphalt HMA and the key ingredient is the binding agent - Asphalt Cement AC AC is a by - product of the oil refining process The supply of AC has been under pressure in North America as refineries continue to consolidate and modify operations that impact supply FSC II , LLC is planning to establish its own AC storage terminal to provide additional storage capacity and secure supply for production of HMA FSC II , LLC has been expanding their business in the road construction industry , and currently operate 18 HMA producing plants throughout North Carolina Due to the complexity of supplying the number of asphalt plants in operation and the importance of delivering AC in a “ just in time ” manner to these plants , an improved delivery and storage system is required The terminal will initially provide ~ 60,000 tons of AC storage with provision for future growth as demand increases The project provides further additional benefits to the area by ensuring the diversification of supply of AC resulting in improved competitiveness in the construction industry The design and construction of the terminal will be based on proven technology and methods used by other terminal operations The proposed warehousing terminal consists of a series of storage tanks , a hot oil heating unit to keep the asphalt cement in liquid form , a steam boiler to warm up rail cars for offloading and loading racks to empty or load tanker trucks Technical personnel will be required for the monitoring and testing of the AC Storage and transfer of product is conducted using tanks , pipes , and pumps The terminal also will also take advantage of the existing rail service on the site The proposed facility will meet or exceed all EPA Federal and State requirements for operation 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 On - site storage of bulk liquid asphalt cement AC in above ground containment systems Office and laboratory buildings and maintenance shop as terminal ancillary uses On - site truck , tractor and trailer parking Conditions 1 The following uses shall be permitted On - site storage of bulk liquid asphalt 7PagePage pageNumber8cement AC in above ground containment systems , office and laboratory buildings and maintenance shop as ancillary uses , and on - site truck , tractor and trailer parking Proposed by applicant 2 Hours of operation shall be 7 am until 7 pm with the exception of rare nighttime activity based upon material deliveries and customer project schedule 24 hours a day , 7 days a week Proposed by applicant 3 Berm with vegetation will be installed along public right of way to reduce noise , dust , and glare Proposed by applicant 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare Proposed by applicant 5 Driveway Permit will be obtained from NCDOT and we will work with NCDOT to provide safest and most effective patterns for site vehicular traffic 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 C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines bordering AR district and Class A buffer along lines bordering industrial zoning districts 9 All signage shall comply with the Johnston County sign code 10 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Items in bold were altered during the Planning Board meeting and agreed to by the applicant Rezoning Case 22 - 08 Map Amendment Mr Marr introduced the case and stated that this application was a request to remove several parcels out of the Environmentally Sensitive District due to the map being inaccurate Mr Newton showed the subject property on the screen and explained the Environmentally Sensitive District Mr Newton stated that the applicant intends to pursue residential development on these properties Mr Brad Hart , 115 Mackenan Dr , Cary , NC , PE representing WithersRavenel , stated the particulars of the request and was present to answer any questions the Board may have Mr Hart also discussed an email sent to Johnston County Public Utilities Mr DeLaine asked about the drainage of Buffalo Creek 8PagePage pageNumber9Mr Hart stated that Buffalo Creek ultimately drains into the Neuse River Ms Hackler asked about the subject properties and to confirm their drainage into Buffalo Creek and not the Little River Mr Hart confirmed that the subject properties drain into Buffalo Creek Mr Wilson requested to see a wider view of the map on the screen and asked about clearer Environmentally Sensitive District boundary lines Mr Newton stated that would require a comprehensive study of the basin Ms Hackler discussed the presented information that Buffalo Creek is not part of the Environmentally Sensitive District Ms Hackler also discussed the request for amending the map for the subject properties and the thought that there may be other properties that need to be removed from the Environmentally Sensitive District Mr Hart requested it be recognized that the GIS system has some mapping inaccuracies and further discussed the map amendment request Mr Hart further requested that this project not be held up by the mapping inaccuracies and possible future comprehensive study Mr DeLaine stated that he would feel better if the county had completed a comprehensive study rather than piecemealing changes Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval per the email from Ms Chandra Farmer , Director of Johnston County Department of Public Utilities Staff Recommendation Approval Upon a motion by Ms Hackler to approve Rezoning Case 22 - 08 , seconded by Mr DeLaine , Rezoning Case 22 - 08 was recommended for approval by a unanimous vote of 6 - 0 at the February 15 , 2022 Planning Board Meeting Discussion Items Ms Hackler continued the discussion concerning the Environmentally Sensitive District brought to the Board’s attention by Rezoning Case 22 - 08 Mr Newton shared that this information would be discussed internally along with the Johnston County Department of Public Utilities and then move forward with an appropriate recommendation Ms Hackler requested the Planning Board be updated accordingly There was discussion regarding the location of the next Planning Board meeting The Board agreed to return to the County Commissioners ’ Meeting Room for the March 15 , 2022 meeting 9Page0Ms Davis shared a reminder about the Comprehensive Land Use Plan’s second Public Forum to be held later this month in two locations The first of the two meetings will be held on Wednesday , February 23 , 2022 at Johnston Community College The second of the two meetings will be held on Thursday , February 24 2022 at The Clayton Center Ms Davis encouraged those in attendance to attend and shared that it was a drop - in style meeting The meeting ended at 6 58 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 10Page