March 16, 2021 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY P LANNING BOARD Tuesday , March 16 , 2021 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , March 16 , 2021 at 6 00 pm in the Johnston County Public Library , Smithfield , with the following members Present Allan DeLaine , Will Letchworth , Denise Byrd , Matthew Moore , Michelle Pace Davis , Adam Caldwell , Nicole Hackler Absent Brooke Holmes , Jennifer Slusser County A ttorney , B OCC M ember , BOE Member Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planning Technician Chairman DeLaine opened the meeting at 6 00 p m with the P ledge o f Allegiance Approval of the Minutes Upon a motion by Ms Byrd to approve the February 16th Planning Board Minutes , seconded by Ms Davis and carried by a unanimous vote of 5 - 0 , the February 16th , 2021 Planning Board Minutes were approved as presented Mr Letchworth arrived at 6 03 pm All speakers were sworn in Subdivisions Steven’s Chapel Rd Subdivision Owner RRT Development , LLC Developer RRT Development , LLC Surveyor Stocks Engineering Acreage Lots 6399 acres , 35 lots Tax ID 04N12018A Location 1800 Block of Steven’s Chapel Rd Mr Marr introduced the case and referenced the above information He added this subdivision was tabled from last month due to driveway issues 1PageMr Kevin Varnell , 801 E Washington St , Nashville , NC , representing Owner Developer , passed out a handout to the Board showing email communication between DOT and the Planning Department about driveway location Ms Hackler asked where the mail kiosk is located Mr Varnell replied it is located between Lots 1 a nd 2 Mr Meryl Hall , owns property that backs up to this site and stated he and his neighbors are not opposed to this subdivision , however , their concern was the driveway location If DOT is good with this then they are ok with it , he stated They have another concern on drainage and would like to be sure they drain the water away from him and his neighbors A b erm would be good as well , he concluded There w as no further discussion Staff recommendation is for preliminary approval Upon a motion by Ms Hackler to approve Steven’s Chapel Rd Subdivision , seconded by Mr Moore and carried by a unanimous vote of 6 - 0 , Steven’s Chapel Rd Subdivision was approved at the March 16 , 2021 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 f rontage 8 Complete improvements o r provide performance guarantee 9 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 10 Fee - in - lieu of open space shall b e paid p rior to r ecording 11 Show to whom open space i s dedicated 12 Provide 20 ’ fee simple access to open s pace 13 Provide utility easements a long all lot lines in accordance with LDC Sec 14 - 75 d 3 14 Coordinate with the US Postal Service for the d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements 2Page[ Environmental Health ] 15 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 16 A driveway permit and subdivision design approval must b e o btained prior t o construction 17 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 19 Sight distance verification w ill be required [ Public Utilities ] 20 Stormwater & Erosion Control Permits R equired 21 Stormwater Statement Required 22 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 23 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features 24 Potential Buffers located o n property not s hown on plan - Buffer call will n eed to be completed if not done so already or the buffer will need to be shown on the plan Provide buffer c all with plan submittal 25 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 26 Need fire flow report a nd c onstruction plans for u tilities BJ’s Corner Subdivision Owner Caliber Development Developer Caliber Development Surveyor Jerry Ball Acreage Lots 351 acres , 3 lots Tax ID 10N07011Y & 10N07011X Location 2269 Shoeheel Rd and 1420 Hatcher R d Mr Marr introduced the case and referenced the above information He stated this is for 2 lots , not 3 as listed He referenced the driveway access a nd s eparation d istances 3PageMr Jerry Ball , Surveyor , stated that originally it was recorded in 2015 as 4 lots These were approved and recorded without a road They would like to split two of the lots in half and not have a shared driveway One driveway will be on Hatcher and one on Shoeheel Rd There is a home already built on Lot 4 , he added Mr Mickey Lamm , Applicant , 2191 Vinson Rd , Clayton , NC stated that he talked to the Planning Director last year with the plan and by email he stated there wasn’t any problem He also has a driveway permit from DOT that has been approved They are not intending on adding any more driveways b ut will do shared driveways There w as no further discussion Staff recommendation is for denial , due to direct driveway access and driveway separation distances Upon a motion by Mr Caldwell to approve BJ’s Corner Subdivision , seconded by Ms Hackler and carried by a unanimous vote of 6 - 0 , BJ’s Corner Subdivision was approved at the March 16 , 2021 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 Complete improvements or p rovide performance guarantee 7 Provide final plat Street Disclosure Statement Certificate for s treet maintenance DM Sec 7 , L item 8 8 Show shared driveway access easement and provide s tatement for shared maintenance on Final Plat 9 Driveways shall be separated 5 00 feet apart 10 Fee - in - lieu of open space shall be paid prior to recording 11 Provide utility easements along all lot lines i n a ccordance with LDC S ec 14 - 75 d 3 12 Coordinate with the US Postal Service for t he 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 a nd m aintenance of u tility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 4PagePage pageNumber513 Approval of all lots for onsite sewage d isposal or statement for each unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval m ust be obtained p rior to construction 15 All design aspects of the plans shall comply with t he c urrent NCDOT S tandard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy on S treet and Driveway Access to N orth C arolina Highways 16 It will be determined at the time the driveway permit application is s ubmitted i f any road improvements will be required 17 Shared driveways must be required as shown and 100 ’ o f separation between driveways would be required on remaining lots [ Public Utilities ] 18 Stormwater Permit Required 19 Erosion Control permit required if an acre o r more will be disturbed cumulatively 20 Stormwater Statement Required 21 A reasonable impervious area limit s hould be used per lot This s hould allow for homeowner additions as well 22 Wetlands should be delineated and shown on the p lan if any are p resent as well as any jurisdictional features and buffers 23 Property is limited to 15 impervious area w ithout stormwater m anagement [ Emergency Services ] 24 Provide flow test for existing fire hydrant 25 If current hydrant is greater than 500 feet f rom any proposed structure , a hydrant will need to be added Lee R d Tract Subdivision Owner James Lee McGirt Developer Carroll Construction Surveyor True Line Surveying Acreage Lots 84073 acres , 8 lots Tax ID 05G04012E Location Lee Rd near Ranch Rd Mr Marr introduced the subdivision and referenced the information listed above He referenced the easement and dedicated right - of - way , although a waiver could be provided by the Board He concluded by stating t he driveways a re over 500 ’ apart 5PagePage pageNumber6Mr Curk Lane , Surveyor , stated with the soils and the creek in the rear of the property , there can not be an internal street They are p roposing road front l ots Ms Hacker asked about the VAD nearby Mr Lane replied that it is farmland , row crops Ms Hackler asked him to reference it on his final plat There w as no further discussion Staff recommendation is for denial , due to not having a dedicated r ight - of - way Upon a motion by Mr Letchworth to approve Lee Rd Tract Subdivision as is , seconded by Ms Hackler and carried by a unanimous vote of 6 - 0 , Lee Rd Tract Subdivision was approved at the March 16 , 2021 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 Complete improvements o r provide performance guarantee 7 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 8 Show shared driveway access e asement and provide statement f or s hared maintenance on Final Plat 9 Driveways shall be separated 500 feet apart 10 Fee - in - lieu of open space shall b e paid p rior to r ecording 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 d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 13 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot 6PagePage pageNumber7[ NCDOT ] 14 A driveway permit and subdivision design approval must b e o btained prior t o construction 15 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet 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 Permit Required 18 Erosion Control Permits required i f an acre or more will be disturbed cumulatively 19 Stormwater Statement Required 20 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 21 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features and buffers 22 Property is located within t he ESA and limited to 12 i mpervious area without stormwater management Knoll View Subdivision OwnerALC Development , LLC Developer ALC Development , LLC Surveyor BRL Engineering & Surveying Acreage Lots 8504 acres , 11 lots Tax ID 07G07016K & 07G07016L Location 88 Lakewood Rd Mr Marr introduced the subdivision a nd referenced the i nformation listed a bove Mr Brian Leonard , Surveyor , stated the layout is simple with a single cul - de - sac The entrance will be located 30 ’ to the south for better sight d istance w ith the h ill There w as no further discussion Staff recommendation is for preliminary approval Upon a motion by Ms Byrd to approve Knoll View Subdivision , seconded by Mr Caldwell and carried by a unanimous vote of 6 - 0 , Knoll View 2021 Subdivision was approved at the March 16 , 2021 Planning Board Meeting 7PagePage pageNumber8Conditions 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 f rontage 8 Complete improvements o r provide performance guarantee 9 Provide final plat Street Disclosure S tatement 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 t o recording 12 Provide utility easements a long all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Coordinate with the US Postal Service for the d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 14 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must b e o btained prior t o construction 16 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet 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 In the future , if any of remaining lots 6A , 6B , 6C , 1 , or 5A a re subdivided , it may require a right turn l ane on NC 210 at L akeview Rd [ Public Utilities ] 19 Stormwater & Erosion Control Permits R equired 20 Stormwater Statement Required 8PagePage pageNumber921 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 22 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features and buffers 23 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 24 Provide flow test North Pleasant Coates Commercial Park Subdivision Owner GH Land , LLC Developer GH Land , LLC Surveyor Stancil & Associates , PLS , PA Acreage Lots 20111 acres , 12 lots Tax ID 07E05019 Location 11847 NC HWY 210 Mr Marr introduced the subdivision a nd referenced the i nformation listed a bove Mr Lester Stancil , Surveyor representing the o wners , stated h e would be glad to answer any questions the Board may have Ms Hackler asked about the mail kiosk Mr Stancil stated they would comply w ith the local post o ffice direction on that Mr DeLaine asked about the exact location , referencing the H ardee’s Mr Stancil stated they are east of the Food L ion and across the street f rom the Veterinarian He added this is commercial , not residential He concluded the weird shape is due to the radar tower There w as no further discussion Staff recommendation is for preliminary approval Upon a motion by Mr Letchworth to approve North Pleasant Coates Commercial Park Subdivision , seconded by Ms Byrd and carried by a unanimous vote of 6 - 0 , North Pleasant Coates Commercial Park Subdivision was approved at the March 16 , 2021 Planning Board Meeting Conditions and Requirements [ Planning ] 9Page01 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 f rontage 8 Complete improvements o r provide performance guarantee 9 Stubout Street extension signage in a ccordance with L DC Sec 14 - 226 g 10 Provide final plat Street Disclosure Statement C ertificate for street maintenance DM Sec 7 , L item 8 11 Provide reverse frontage l ot buffer along N C Highway 210 12 Fee - in - lieu of open space shall b e paid p rior to r ecording 13 Provide utility easements a long all lot lines in accordance with LDC Sec 14 - 75 d 3 14 Coordinate with the US Postal Service for the d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 15 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 16 A driveway permit and subdivision design approval must b e o btained prior t o construction 17 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 19 All lots must be served internally 20 TIA may be required based on land uses , but at minimum left a nd right turn lanes will need to be restriped a t t he site entrance on N C 2 10 21 There is currently a proposed future STIP project that will require ROW reservation It should also b e n oted that future STIP project would create a center island , which would r esult in the p roposed NC 210 driveway being converted into a RIRO at the time o f the S TIP p roject completion [ Public Utilities ] 10Page122 Stormwater & Erosion Control Permits R equired 23 Stormwater Statement Required 24 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 25 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features and buffers 26 Property is limited to 15 impervious area without stormwater management 27 His property is located in the s ewer service area [ Emergency Services ] 28 Provide road details 29 Need turnaround on both streets for Emergency v ehicles 30 Fire hydrants will need to be installed every 5 00 ’ Lassiter Rd Subdivision Owner Alice Gerain Talley & Joe Carl Gregory Developer Stancil Builders , Inc Surveyor Enoch Engineers , PA Acreage Lots 5568 acres , 33 lots Tax ID 07F06040 Location 3455 & 3549 Lassiter Rd Mr Marr introduced the subdivision a nd referenced the i nformation listed a bove Mr Fleet Temple , Surveyor Engineer , w as present to answer any questions H e added they will follow all rules and regulations T he mail kiosk is shown on L ot 1 t o the North and one on the South side on Lot 22 Ms Hackler asked who owned the cemetery Mr Temple stated that he did not know They a re showing an a ccess easement back to it , however Ms Hackler asked about the VAD that is nearby Mr Newton replied it is crop land There w as no further discussion Staff recommendation is for preliminary approval Upon a motion by Ms Hackler to approve Lassiter Rd Subdivision , seconded by Mr Letchworth and carried by a unanimous vote of 6 - 0 , Lassiter Rd Subdivision was approved at the March 16 , 2021 Planning Board Meeting 11Page2Conditions 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 f rontage 8 Complete improvements o r provide performance guarantee 9 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 10 Provide reverse frontage lot buffer along Lassiter Road 11 Show to whom open space is dedicated 12 Provide 20 ’ fee simple access to open s pace 13 Provide utility easements a long all lot lines in accordance with LDC Sec 14 - 75 d 3 14 Coordinate with the US Postal Service for the d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 15 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 16 A driveway permit and subdivision design approval must b e o btained prior t o construction 17 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 19 Stormwater & Erosion Control Permits R equired 20 Stormwater Statement Required 12Page321 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 22 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features and buffers A buffer call m ay b e necessary 23 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 24 Access road needs to be 20 ’ wide and 2 6 ’ w ide at mail kiosk 25 Fire hydrants need to be installed 500 ’ within s tructures Carolina Packers Tract Subdivision Owner Carolina Packers , Inc Developer Jones Creek , LLC Surveyor Freedom Firm PC Acreage Lots 7634 acres , 45 lots Tax ID 07G09073 Location 12000 Block of Raleigh Rd Mr Marr introduced the subdivision a nd referenced the i nformation listed a bove Mr Carlos Bagley , Representative for the D eveloper , w as present to answer any questions He believes they may have t o d o some curb and gutter a nd they plan to d o a buffer as well so they can be good neighbors Mr Stacy and Mr Curtis Johnson , own p roperty south of t his s ite , stated they are concerned about the water runoff as they sit lower t han t his p roperty They referenced Stoney Creek that runs in that area S hadetree Rd has had water across the road in t he past due to high water , they continued They do not w ant to stop development but they do want to make sure they are protected Ms Davis asked that they fill out the V AD form with t he Johnston County Soil and Water Conservation as it would protect their property w ith the h og h ouses lagoons and such that are there She added it was free to do that Mr Johnson agreed and stated that they would He appreciated the information Mr Bagley replied they are doing 6 units per acre H e added t he two streets would flow directly into the flood plain area of S toney Creek They w ill m eet a ll County Stormwater Plans H e added they would not dump any water t hrough someone’s yard Mr Wesley Oliver , 12558 Raleigh Rd , stated his main concern is t he lot s izes , they are narrow Another concern are the ponds existing on site n ow He believes these c hanges will increase the amount of water coming through H e would like to have some buffer areas 13Page4Mr Bagley replied that the lots are 30,000 sq ft minimum as r equired There w on’t be any grading as far as outside the right - of - way There w ill also be c ovenants , h e a dded He is not sure about the size of homes but figures t hey w ill b e around 2,000 sq ft He concluded that all the water will be t aken through the existing farmland a nd not to the north or the south Mr Johnson reiterated that there is a 5 grade t here a nd he is concerned about his property becoming a lake He added he had been approached about leasing a 150 ’ strip so they could come in and do what they wanted to for 30 y ears but if they do t hat i t w ill back water up in both directions back to the hog h ouses He d oes not w ant to lose the acreage that he has , he concluded Mr Newton explained how the Stormwater Plan w orks within the County and what is required Staff recommendation is for preliminary approval Mr Letchworth explained there are plans in place to address stormwater runoff and not to exclude the concerns , made a motion for approval It failed for a lack of s econd Upon a motion by Ms Hackler to deny Carolina Packers Tract Subdivision due to compatibility with the Land Use in the area mainly due to hog houses , seconded by Mr Caldwell and carried by a vote of 5 - 1 with Mr Letchworth in opposition , Carolina Packers Tract Subdivision was denied at t he March 16 , 2 021 Planning Board M eeting There was a 10 minute break Rezoning and Special Use C ases Rezoning Case 21 - 05 Rezoning Petition Agricultural Residential AR to Resort Residential RR Tax ID 13E05007D Owner Daniel - Lan Development Inc Applicant The Turner Group Inc Location 1 2000 Block of NC Highway 210 in Pleasant G rove T ownship Mr Marr introduced the case and referenced the information listed above He explained what Resort Residential zoning is , reading the definition Ms Byrd asked why notices were not s ent t o the subdivision across the s treet 14Page5Mr Marr explained anything within 150 ’ is w here notices are sent Mr DeLaine noted there was no applicant present to speak Mr Marr stated the applicants and owners were sent a notice of meeting date There w as brief discussion by the Board on whether to hear the c ase Mr Newton explained the legal requirement of t he Board Mr Miriam Lambert , 278 Camden Drive , stated she lives a mile west of this site She has a concern about this being an RV park She believes the road is too narrow in this area to support that She believes transients could come in and stay here long term and she worries about crime She concluded t hat she is opposed t o t his i dea Staff recommendation is for denial due to inconsistency with the Comprehensive Land Use P lan Upon a motion by Mr Letchworth to deny Rezoning Case 21 - 05 , seconded by Ms Byrd , Rezoning Case 21 - 05 was denied by a unanimous vote of 6 - 0 at the March 16 , 2021 Planning Board Meeting Rezoning Case 21 - 06 Rezoning Petition Agricultural Residential AR to General B usiness GB Tax ID 07F06029S & 07F06029R Owner Paganello - Nunziato Family LLC Applicant John Nunziato Location 9 939 NC HWY 210 and 4065 Lassiter Rd in Elevation Township Mr Marr introduced the case and referenced the i nformation listed above Mr John Nunziato , 135 Brookstone Way , Angier , Applicant , stated he wished to do outside storage and mini storage and this would be an extension to the existing business He added they have been in business for 30 years He continued that he would do a buffer so it is not seen and they are not big fans of 24 hour access He added they are at maximum capacity at McGee’s Crossroads where they are located n ow Mr James Cuoco , 89 Lassiter Hills Drive , stated his property backs up to this site and added that he and some neighbors have concerns about the lighting and the peace and quiet that will be gone from the area They are also concerned about this drawing crime to the area Mr Richard Westerbeck , 25 Lassiter Hills Drive , President of the HOA for the subdivision , stated that he did have his RV in a storage unit and it got vandalized He 15Page6does not want to see the bright lights and the potential crime He is also concerned about property values Mr Nunziato stated that the lighting c ould be controlled if there i s not 24 access Ms Nicole Beal , 78 Lassiter Hills Drive , also shares concerns of others but stated that she doesn’t want to see something worse come to the s ite either There w as no further discussion Staff recommendation is for approval Mr Letchworth asked why this wasn’t a Special Use a s they typically see Mr Marr agreed that most do come in that way and Staff tries to steer applicants in that direction but the process is the same as f ar as a site plan requirement , e tc in t his case There was lengthy discussion by the Board on how any conditions would be enforced if not through a Special Use Mr Newton stated that if approved , any use allowed in GB would be allowed on site He added that the application could be amended if the applicant wishes to do so He could withdraw and bring it back as a Special Use if he wishes Staff would work with him , whatever he decides Mr Newton explained new legislation c oming a s well July 1 st Ms Hackler made a motion to approve Motion failed due to a l ack o f second Upon a motion by Mr Letchworth to deny Rezoning Case 21 - 06 stating he would like to see a Special Use with this Case , seconded by Ms Davis , Rezoning Case 21 - 06 was denied by a vote of 5 - 1 with Ms Hackler being in opposition , at the March 16th , 2021 Planning Board Meeting Rezoning Case 21 - 07 Rezoning Petition Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 06F04004F Owner Charthouse Holdings LLC Applicant Profile Construction , Inc Location 8 817 Cleveland Rd in Cleveland Township Special Use Office Warehouse Space 16Page7Mr Marr introduced the case and referenced the i nformation listed above Mr Brian Gower , Applicant , owns the construction company next to this site currently as well He added he intends to give the site a f acelift Mr Letchworth thanked him for doing a Special U se There w as no discussion Staff recommendation is for approval Upon a motion by Ms Byrd to approve Rezoning Case 21 - 07 , seconded by Ms Davis , Rezoning Case 21 - 07 was approved by a unanimous vote of 6 - 0 at the March 16 , 2021 Planning Board Meeting Mr Marr read the Special Use Conditions Hours of operation were discussed The A pplicant decided he would like to have 7 days a week , 5 a m - 9 pm The n umber of vehicles were discussed The A pplicant stated he would like to have a few more than 10 as l isted He agreed to 14 Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 21 - 07 with the change to the hours and the number of vehicles , seconded by Mr Moore , the Special Use Conditions for Rezoning Case 21 - 07 was approved by a unanimous vote of 6 - 0 at the March 16 , 2021 Planning B oard M eeting Finding of Facts for the Special U se 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 This development is proposing to utilize cross access to an existing driveway onto Cleveland Rd via the adjoining 8771 Cleveland Rd This will promote safety by eliminating the need for another access point Due to the size of the project , a relatively small increase in traffic generation is anticipated Adequate access , drainage , and utilities are being proposed to minimize impact to neighboring properties 2 That the use of 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 attached rezoning exhibit demonstrates compliance with building setbacks , landscape yards , and will meet the requirements of 17Page8established ordinances and regulations The proposed plan is generally consistent with the development pattern of nearby properties that have been developed in recent years 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 The redevelopment of the subject property will provide an opportunity for additional commercial uses that would supplement the changing character of the surrounding area The proposed building is planning to provide quality architectural treatments to the front façade to enhance the overall building appearance and enhance the surrounding property values 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 b y the Board of Commissioners Applicant The proposed site is located within a primary growth area which is intended to allow for such zoning requests in order to provide non - residential uses Specific Land Uses APPLICANT Office warehouse space for lease of similar occupancy as adjoining property at 8771 Cleveland Rd Profile Construction Special U se Conditions 1 Permitted Uses Office and warehouse space 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 at least a Class B buffer along all property lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet 6 All signage must comply with the sign code 7 Hours of outdoor operation shall be limited to Monday – Friday 6 00am - 8 00pm and Saturday from 8 00am – 5 00pm 5 a m - 9 pm , 7 days a w eek 8 Shall be limited to the outdoor storage of 10 14 vehicles equipment , all storage shall be enclosed by an opaque fence or sufficiently screened with dense vegetative screening 9 Shall connect to county sewer as d etermined b y Johnston C ounty P ublic Utilities Items in bold were changed by the Planning Board during the meeting 18Page9The m eeting ended at 8 20 pm Respectfully submitted by _______________________________________ Stephanie Richter , Secretary for the Board 19Page