April 19, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , April 19 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , April 19 , 2022 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Denise Byrd , Adam Caldwell , Michelle Davis , Nicole Hackler , Brooke Holmes , Debbie Howard , Freddie Hudson , Will Letchworth , Matthew Moore Absent BOCC Representative , BOE Representative Also present Braston Newton Director ; Todd Marr , Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led by Mr Moore Approval of the Minutes Upon a motion by Ms Byrd to approve the March 15th Planning Board Minutes , seconded by Mr Moore and carried by a unanimous vote of 8 - 0 , the March 15 , 2022 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Bailey Estates Owner Troy & Jodi Bailey Developer Troy & Jodi Bailey Surveyor Jimmy C Barbour , PLS Acreage Lots 3955 acres , 3 lots Tax ID # 15H08004A Address 5478 NC Hwy 210 Mr Marr introduced the subdivision and referenced the above information Mr Jimmy Barbour , 213 S Second St , Smithfield , NC , Surveyor , stated the particulars and was present to answer any questions 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 1PageUpon a motion by Ms Byrd to approve Bailey Estates , seconded by Mr Moore , Bailey Estates was approved by a unanimous vote of 8 - 0 at the April 19 , 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 Existing and new easement be either paved or improved with compacted stone base 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 [ 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 18 Additional subdivision of remaining parcels may require road improvements from NCDOT 2Page[ Public Utilities ] 19 If 17,000 SF of impervious area is proposed to be added , a stormwater permit will be required 20 If an acre or more of disturbance is proposed , an erosion control permit will be required Powhatan Road Tract Owner Powhatan Partner’s LLC Developer Powhatan Partners LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 13317 acres , 8 lots Tax ID # 05J06003 Address 2400 Block of Powhatan Rd 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 , stated the particulars of the development and was present to answer any questions Ms Hackler asked about wetlands Mr Hudson asked about culverts Mr Ray Holloman , 2735 Powhatan Rd , Clayton , NC , a nearby property owner , addressed the Board 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 Mr Hudson to approve Powhatan Road Tract , seconded by Ms Holmes , Powhatan Road Tract was approved by a unanimous vote of 8 - 0 at the April 19 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 3Page5 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 [ Public Utilities ] 17 Stormwater & Erosion Control Permits Required 18 Stormwater Statement Required 19 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features A buffer call will be required to set the buffer start point 20 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 21 Provide “ No Parking ” signs on one side of the road 22 Provide fire flow report 23 Pull fire hydrant out of cul - de - sac Marvin Smith Tract 4PagePage pageNumber5Owner Marvin Smith Trust Developer Steel Bridge Crossing , LLC Surveyor Freedom Firm , PC Acreage Lots 2025 acres , 16 lots Tax ID # 01F11077B Address 600 Block Surles Rd Mr Marr introduced the subdivision and referenced the above information Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , presented the particulars of the development and was present to answer any questions Mr Mark Lassiter , 1700 Thompson Rd , Four Oaks , NC , a nearby property owner , addressed the Board Ms Joy Barefoot , 398 Surles Rd , Benson , NC , a nearby property owner , addressed the Board Ms Byrd asked about perk tests 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 Hackler to approve Marvin Smith Tract , seconded by Mr Hudson , Marvin Smith Tract was approved by a unanimous vote of 8 - 0 at the April 19 , 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 5PagePage pageNumber612 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 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features A buffer call will be required to set the buffer start point or determine if the soil feature on site is subject 20 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 21 Provide “ No Parking ” signs on one side of the road 22 Provide fire flow report 23 Provide fire hydrant distribution information Rawls Tract Owner Tupelo Honey Land Development , LLC Developer Tupelo Honey Land Development , LLC Surveyor Timmons Group Acreage Lots 3307 acres , 19 lots Tax ID # 13A01018 Address 300 Block of Old Stage Rd Mr Marr introduced the subdivision and referenced the above information 6PagePage pageNumber7Mr Wayne Baker , 149 S Bloodworth St , Raleigh , NC , was present to answer any questions 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 Rawls Tract , seconded by Mr Moore , Rawls Tract was approved by a unanimous vote of 8 - 0 at the April 19 , 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 Show to whom open space is dedicated 11 Provide 20 ’ fee simple access to open space 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 [ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 7PagePage pageNumber816 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 18 10x70 sight triangles required for NCDOT acceptance of 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 22 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide “ No Parking ” signs on one side of the road 24 Provide fire flow report 25 Provide hydrant on approach side of building lots and pull hydrant out of cul - de - sac to approximately lots 9 10 or 13 14 Emerson Field Owner J & N Developers , LLC Developer J & N Developers , LLC Surveyor R Daneel Butler , PLS & Athan Parker , PE Acreage Lots 23152 acres , 20 lots Tax ID # 04R03017E Address 6700 Block of Rains Crossroads Rd Mr Marr introduced the subdivision and referenced the above information Mr Athan Parker , PE , presented the particulars of the development and was present to answer any questions 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 Hackler to approve Emerson Field , seconded by Mr Moore , Emerson Field was approved by a unanimous vote of 8 - 0 at the April 19 , 2022 Planning Board Meeting 8PagePage pageNumber9Conditions 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 Provide reverse frontage lot buffer along Rains Crossroads Rd 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 [ 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 21 Property is limited to 15 impervious area without stormwater management 9Page0[ Emergency Services ] 22 Provide fire access road construction details 23 Provide “ No Parking ” signs on one side of the street 24 Provide grade information 25 Provide cul - de - sac construction details 26 Provide fire flow report 27 Provide fire hydrant distribution information 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 and Developer , stated the particulars of the development and was present to answer any questions There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to flag lot being created Staff recommendation is for denial Upon a motion by Mr Moore to approve Rains Preserve , seconded by Mr Hudson , Rains Preserve was approved by a unanimous vote of 8 - 0 at the April 19 , 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 Cul - de - sac lots must have 40 ’ road frontage 7 Complete improvements or provide performance guarantee 8 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 10Page19 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 Flag lot must meet the minimum design criteria as established in LDC Sec 14 - 255 d 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 [ 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 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 Add a hydrant at Rains Crossroads & Street A intersection Johnson Farm Owner Barbara Pope Johnson Irrevocable Trust & Wanda Johnson Dupree , Trustee Developer Eastwood Homes , Inc Surveyor Bass , Nixon and Kennedy , Inc 11Page2Acreage Lots 3356 acres , 35 lots Tax ID # 07F06009C Address 107 Berea Church Rd Mr Marr introduced the subdivision and referenced the above information Mr Mike Morrison , Developer , was present to answer any questions Mr Marty Bizzell , Engineer , was present to answer any questions 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 Johnson Farm , seconded by Ms Byrd , Johnson Farm was approved by a unanimous vote of 8 - 0 at the April 19 , 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 Provide reverse frontage lot buffer along NC Hwy 210 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 ] 12Page314 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ 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 21 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 22 Provide “ No Parking ” signs on one side of the road 23 Dead end street at Lots 14 & 15 is greater than 150 ’ 24 Provide fire flow report The Laurel Owner Powhatan Farm , LLC Developer DRSFA , LLC Surveyor Stocks Engineering , PA Acreage Lots 5922 acres , 46 lots Tax ID # 05J05030G Address 2641 Powhatan Rd Mr Marr introduced the subdivision and referenced the above information Mr Ethan Averette , 801 E Washington St , Nashville , NC , representing the Surveyor and Developer , stated the particulars of the development and was present to answer any questions Mr John Bailey , 2705 Powhatan Rd , Clayton , NC , a nearby property owner , addressed the Board Mr Gary Poytress , 44 Greenlyn Dr , Clayton , NC , a nearby property owner , addressed the Board 13Page4Mr Ray Holloman , 2735 Powhatan Rd , Clayton , NC , a nearby property owner , addressed the Board Ms Annette Aldridge , 100 Pocahontas Trl , Clayton , NC , a nearby property owner , addressed the Board Mr Chuck Burgess , 2540 Powhatan Rd , Clayton , NC , a nearby property owner , addressed the Board Mr Gary Ivey , 2371 Powhatan Rd , Clayton , NC , a nearby property owner , addressed the Board 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 Mr Hudson to table The Laurel , seconded by Ms Howard , The Laurel was tabled to the June 21 , 2022 Planning Board Meeting by a unanimous vote of 8 - 0 at the April 19 , 2022 Planning Board Meeting The Grove at Gin Branch Owner Jeannette White Poole , Wallace White Poole , & Others Developer Mattamy Homes , LLC Surveyor Rivers & Associates Acreage Lots 5862 acres , 52 lots Tax ID # 16J01009B Address 305 Turnipseed Rd Mr Marr introduced the subdivision and referenced the above information Mr David Ballentine , 353 E Six Forks Rd , Raleigh , NC , stated the particulars of the development and was present to answer any questions Mr Herbert Case , 16750 Buffalo Rd , Wendell , NC , a nearby property owner , addressed the Board Ms Sheila Eilers , 16745 Buffalo Rd , Wendell , NC , an adjacent property owner , addressed the Board Mr Matt Pulliam , 7724 Tuscan Ridge Dr , Wendell , NC , a nearby property owner , addressed the Board There was no further discussion 14Page5Chairman 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 Hackler to approve The Grove at Gin Branch , seconded by Mr Hudson , The Grove at Gin Branch was approved by a unanimous vote of 8 - 0 at the April 19 , 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 Provide reverse frontage lot buffer along Turnipseed Rd 11 Show to whom open space is dedicated 12 Provide 20 ’ fee simple access to open space 13 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 14 Coordinate with the US Postal Service for the design of and utilization of cluster box 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 ] 15 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 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 15Page618 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 19 Turn lanes required [ Public Utilities ] 20 Stormwater & Erosion Control Permits Required 21 Stormwater Statement Required 22 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 any buffer is being contested , or all buffers should be shown on the plan 23 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 24 Provide “ No Parking ” signs on one side of the road 25 Provide fire flow report 26 Provide fire hydrant distribution information Rezoning and Conditional Zoning Cases Rezoning Case 22 - 12 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 06D01026R , 06D01023E , & 06D01021C Owner Bobby Joe Smith , Barbara S Smith , Megan Elizabeth Sherrill , M Glenn McElveen , & Jean J McElveen Applicant White Development Company Location The southeast corner of the intersection of NC Hwy 50 and NC Hwy 42 in the Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Chip Hewitt , 101 Blackstone Ln , Selma , NC , Attorney representing the Applicant , stated the particulars of the request and was present to answer any questions the Board may have Mr Jim White , Clearwater , FL , representing the Applicant , addressed the Board Mr Jason Flowers , Safety Harbor , FL , representing the Applicant , addressed the Board There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration 16Page7Staff Recommendation Approval Upon a motion by Ms Hackler to approve Rezoning Case 22 - 12 , seconded by Ms Byrd , Rezoning Case 22 - 12 was recommended for approval by a unanimous vote of 8 - 0 at the April 19 , 2022 Planning Board Meeting Rezoning Case 22 - 13 Rezoning Petition Agricultural Residential AR to Community Business - Conditional Zoning GB - CZ Tax ID 11N04019Y Owner Sheets 1 LLC Applicant Amin Saleh Location 5350 NC Hwy 42 in the O’Neals Township Conditional Zoning Request Convenience Store Mr Marr introduced the case and referenced the information listed above Mr Chip Hewitt , 101 Blackstone Ln , Selma , NC , Attorney representing the Applicant , stated the particulars of the request and was present to answer any questions the Board may have Mr Rickey Delaney , 6982 NC HWY 39 , Selma , NC , an adjacent property owner , shared information about nearby convenience stores and expressed concerns about traffic flow with entrances on both NC HWY 39 and NC HWY 42 Mr Delaney also shared concerns about water runoff Ms Lisa Snipes , 7080 NC HWY 39 , Selma , NC , an adjacent property owner , expressed concerns about increased traffic issues with the proposed use and future development in the area Ms Snipes also shared concerns about safety and operation hours Ms Tina Knott , 6982 NC HWY 39 , Selma , NC , an adjacent property owner , expressed concerns about the lighting stating that the existing lights for the roundabout were already bright Ms Knott also expressed concerns for traffic Mr Jack Coats , 7100 NC HWY 39 N , Kenly , NC , an adjacent property owner , expressed concerns for traffic , congestion , lighting , noise , and the potential for criminal activity Ms Knott added her concerns for the potential of criminal activity Mr Tim Narron , 9160 NC HWY 42 E , Selma , NC , an adjoining property owner , shared historical information about former convenience stores in the area and shared support for the convenience of a store back in the area 17Page8Mr Bill Snipes , 7080 NC HWY 39 , Selma , NC , an adjacent property owner , expressed concerns for traffic and crime Mr Snipes asked about fencing around the convenience store and hours of operation Mr Dan Simmons , 125 Everett Lane , Smithfield , NC , representing McGill Associates spoke of creating the preliminary plan while working in conjunction with Ramey Kemp Associates Mr Simmons spoke of the conducted traffic study Mr Simmons also spoke about the location of nearby convenience stores Chairman Letchworth asked about the measures the applicant would take to promote safety Mr Amin Saleh , 4212 Glendale Rd , Kenly , NC , Applicant , responded with information about lighting , limited operational hours , no overnight parking permitted , and the addition of turn lanes for safety Ms Byrd asked about 24 - hour surveillance Mr Saleh confirmed that they will have 24 - hour surveillance for the safety of both customers and employees Mr Hudson asked if the Applicant would be amenable to changing the proposed operating hours to which Mr Saleh agreed Ms Knott asked about the location of the entrances and exits on NC HWY 39 and NC HWY 42 Chairman Letchworth responded that they were on the preliminary site plan that was shared earlier with an adjacent property owner Chairman Letchworth then opened up discussion for the proposed conditions Ms Hackler suggested review of the hours of operation There was discussion among the Board concerning the hours of operation Ms Snipes asked if the site would offer 24 - hour pay at the pump Ms Hackler revisited the question about the pumps and Ms Homes revisited the question about the lighting Chairman Letchworth discussed condition # 11 with regards to lighting Chairman Letchworth expressed concerns about the proposed rezoning Mr Hewitt stated that the Applicant agreed to all proposed conditions with an amendment to condition # 2 with hours of operation being Monday - Sunday , 6 00 am - 10 00 pm Chairman Letchworth asked if the Applicant intended to offer 24 - hour pay at the pump 18Page9Mr Hewitt stated the preference of the Applicant would be to offer 24 - hour pay at the pump Ms Slusser reminded the Board that with these requests the consideration is for consistency with the comprehensive plan and public interest Staff Recommendation Approval Mr Hudson made a motion to deny Rezoning Case 22 - 13 , seconded by Ms Holmes The motion failed with a vote of 3 - 5 with Ms Hackler , Ms Davis , Mr Moore , Mr Caldwell , and Ms Howard dissenting Ms Hackler made a motion to approve Rezoning Case 22 - 13 with the amended conditions for hours of operation and 24 - hour pay at the pump , seconded by Ms Howard , with a vote of 4 - 4 with Ms Davis , Ms Holmes , Ms Byrd , and Mr Hudson dissenting The motion failed with Chairman Letchworth voting in opposition to the motion Mr Hudson made a motion to deny Rezoning Case 22 - 13 , seconded by Ms Holmes The motion failed with a vote of 3 - 5 with Ms Hackler , Ms Davis , Mr Moore , Mr Caldwell , and Ms Howard dissenting There was discussion around the offering of 24 - hour pay at the pumps Mr Narron addressed the Board concerning previous approvals Ms Howard made a motion to approve Rezoning Case 22 - 13 with the amended condition for hours of operation Chairman Letchworth asked the Applicant about the amended condition to which Mr Hewitt stated the Applicants preference is for 24 - hour pay at the pumps Mr Caldwell expressed concerns Ms Howard withdrew her motion Upon a motion by Mr Caldwell to approve Rezoning Case 22 - 13 with the amended conditions for hours of operation and 24 - hour pay at the pump , seconded by Mr Moore , Rezoning Case 22 - 13 was recommended for approval by a vote of 6 - 2 at the April 19 , 2022 Planning Board Meeting , with Mr Hudson and Ms Holmes dissenting 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 this rezoning is to allow the construction of a 5000 square foot convenience store with six pumps and a future 19Page0car wash The site lighting will be installed so as not to have a negative impact on the adjoining property No use other than that shown on the site plan will be allowed without prior approval of the Johnston County Board of Commissioners 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 Hours of operation will be restricted to 6 00 AM to 11 00 PM No automobile repairs will be performed No overnight parking will be allowed Landscaping will be installed to meet county requirements Conditions 1 Permitted Uses Convenience Store 2 Hours of Operation will be restricted to Monday - Sunday 6 00 AM to 11 00 10 00 PM Proposed by applicant 3 No automobile repairs will be performed Proposed by applicant 4 No overnight parking will be allowed Proposed by applicant 5 Landscaping will be installed to meet county requirements Proposed by applicant 6 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 7 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 8 All signage shall comply with the sign code 9 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 10 Lighting shall be engineered so as not to shine onto adjacent properties 11 TIA Recommendations NC 42 and Site Drive 1 o Construct northbound approach with one 1 ingress lane and one 1 egress lane o Provide an exclusive westbound left - turn lane with a minimum of 100 feet of storage and appropriate taper and deceleration length o Provide an exclusive eastbound right - turn lane with a minimum of 75 feet of storage and appropriate taper and deceleration length 20Page1o Provide stop - control for northbound approach NC 39 and Site Drive 2 o Construct eastbound approach with one 1 ingress lane and one 1 egress lane o Provide an exclusive northbound left - turn lane with a minimum of 100 feet of storage and appropriate taper and deceleration length o Provide an exclusive southbound right - turn lane with a minimum of 100 feet of storage and appropriate taper and deceleration length o Provide stop - control for eastbound approach Additional Requirements from NCDOT o Any additional improvements that are constructed by others and not shown on this TIA or review must be maintained while constructing the improvements required by this letter o All left and right turns installed on NCDOT ROW at will required a minimum of 100 ’ of storage if located at a site driveway If any left turn lane taper overlaps with any existing or proposed middle turn lane or taper , the entire section will need to be widened to three 3 lanes Items in bold were changed by the Planning Board during the meeting Rezoning Case 22 - 14 Rezoning Petition Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 06G06031U Owner William Otis & Teresa Byrd Applicant USCOC of NC , LLC Location 628 Smith Rd in the Cleveland Township Special Use Request Cell Tower & Fenced compound Mr Marr introduced the case and referenced the information listed above Ms Holmes asked staff about the height of the cell tower to which Mr Marr responded with 160 feet Mr Newton provided clarification of Special Use District versus Special Use Permit Chairman Letchworth asked staff to further explain the recommendation of denial due to proximity to the adjoining neighborhood Mr Marr responded that the reasoning included the possible impact on the aesthetics and possible impact on property value in the area 21Page2Ms Emilee Lauer , representing US Cellular , stated the particulars of the request and was present to answer any questions the Board may have Ms Holmes asked about the painting scheme of the cell tower to which Ms Lauer replied the proposed painting scheme is brown Ms Hackler referenced the site review by CityScape Consultants , Inc and asked about other potential partials as mentioned in the analysis portion of the site review Ms Hackler wanted to know why this particular site was chosen Ms Lauer was not able to respond with specifics and suggested that other properties may not have been chosen due to radio frequency Ms Holmes asked if US Cellular was the only tenant on the tower to which Ms Lauer stated yes Mr Hudson brought attention to a letter in the agenda packet from a US Cellular RF Engineer stating the reason for choosing the subject site Mr Newton spoke about the process for this request and the discussion of various sites Ms Holmes asked if US Cellular had negotiated the access easement for this site and asked about E911 Ms Lauer confirmed both the access easement and an E911 address for this site Ms Howard asked staff for clarification about their concerns regarding the location of the proposed cell tower to which Mr Newton responded Ms Davis asked about the location of the access easement to which Ms Lauer confirmed that access would be off of Smith Rd Ms Holmes asked about the height of the tower asking if it was a 160 foot tower with a 5 foot lighting rod and if that was the lowest the tower could be Ms Lauer confirmed that was the lowest height approved by the engineer Ms Davis asked about the location of the nearest cell tower in the area to which an audience member responded Cleveland School Rd Ms Lauer spoke about the reasoning behind an increase in cell tower requests Ms Holmes asked if the subject site was near a fiber node to which Ms Lauer responded that fiber was not available and it would be microwave 22Page3Ms Teresa Byrd , 204 Freedom Rd , Smithfield , NC , property owner , shared the reasoning for the chosen location of the proposed cell tower and shared that a lack in coverage as the reasoning for the request Ms Lynn Byrd , 56 Sommerset Dr , Clayton , NC , a nearby property owner , spoke in support of the proposed request Mr Donna Cauley , 259 Lancaster Run , Smithfield , NC , an adjacent property owner , shared concerns about the location , impact on nature , and impact on property value Ms Cauley also asked about the appearance of the cell tower Ms Hackler discussed the idea of cloaking the tower to have more of a tree appearance There was some discussion among the Board There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to the location of the tower on the parcel in proximity to the adjoining neighborhood Staff Recommendation Denial Upon a motion by Ms Holmes to approve Rezoning Case 22 - 14 , seconded by Mr Hudson , Rezoning Case 22 - 14 was recommended for approval by a vote of 7 - 1 at the April 19 , 2022 Planning Board Meeting , with Ms Hackler dissenting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The plan for this un - maned Cell tower and compound on this 30 acre parcel will enhance the area coverage for US Cellular and other collocated carriers at the site while not impacting the health , safety or general welfare of the surrounding community With the farm location at the edge of the woods , there will be little visibility of the compound & equipment by the general public 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed cell tower will meet all ordinances and comply with State and Federal regulations and performance standards for Cell Tower operations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This unmaned cell tower location will be at the edge of the woods and at the edge of a 30 acre parcel that is currently being farmed and will have 23Page4the least visually intrusive area of the parcel with little to no impact on the property values in the area other than the opportunity to have better cellular coverage in the area per the propagation maps provided 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 Great care was undertaken to locate a location that would have the least impact on the surrounding area The facility will be unmaned and will be maintained in a safe manner in compliance with all conditions of the special use permit , without exception Said facility will comply with all local codes , ordinances , regulations and all State and Federal rules and regulations Specific Land Uses APPLICANT Cell Tower and fenced compound Special Use Conditions 1 Permitted Uses Cell Tower and fenced compound 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 7 The proposed structure shall not be lighted unless FAA requires 8 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 9 The facility shall be constructed so that access is only attainable by qualified personnel Discussion Items Ms Holmes revisited Rezoning Case 22 - 12 to make a statement of clarification Ms Holmes stated that Rezoning Case 20 - 08 was recommended for approval at the July 21 , 2020 Planning Board Meeting Rezoning Case 20 - 08 was an approval for Mixed Use - Planned Unit Development Rezoning Case 20 - 08 was withdrawn by the applicant and not heard by the County Commissioners 24Page5The meeting ended at 9 55 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 25Page