August 17, 2021 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , August 17 , 202 1 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , August 17 , 202 1 at 6 00 pm at the Johnston County Ag Center , Smithfield , with the following members Present Allan DeLaine , Will Letchworth , Nicole Hackler , Adam Caldwell , Denise Byrd , Freddie Hudson , Jr , Michelle Pace Davis , Matthew Moore , Larry Wood BOCC Representative Absent Brooke Holmes , BOE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planning Technician ; Jennifer Slusser , County Attorney Chairman DeLaine opened the meeting at 6 00 pm with the Pledge of Allegiance by Matthew Moore A pproval of the Minutes Upon a motion by Ms Davis to approve the July 20th Planning Board Minutes , seconded by Mr Moore and carried by a unanimous vote of 7 - 0 , the July 20th , 2021 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Aquila Rd Tract South Owner LW Properties , LLC Developer LW Properties , LLC Surveyor Freedom Firm , PC Acreage Lots 4701 acres , 24 lots Tax ID 07D06028A Location 526 Aquilla Rd Mr Marr introduce d the case and referenced the above information Mr Carlos Bagley , Surveyor Engineer , was present to answer any questions He stated that they are removing lots 11 & 12 and extending the roadway to the east to serve lots 23 & 24 PageMs Hackler asked how wide lot 33 was Mr Bagley responded over 100 ’ Mr Newton explained what a flag lot is Mr Caldwell stated that he has concerns about how information was presented on the preliminary plat and changing how the lots are being served There was no further discussion Staff recommendation is for Denial , due to all lots not being internally served and lots 11 & 12 being served by a 30 ’ access easement Upon a motion by Ms Hackler to approve Aquilla Rd Tract South , seconded by Ms Davis , the Planning Board approved Aquilla Rd Tract South by a vote of 6 - 1 , with Mr Caldwell in opposition , at the August 17 , 2021 Planning Board Meeting Con ditions 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 Flag lot must meet the minimum design criteria as established in LDC Sec 14 - 255 d 11 Show shared driveway access easeme nt and provide statement for shared maintenance on Final Plat 12 Fee - in - lieu of open space shall be paid prior to recording 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 ]Page15 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 Stan dard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street 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 Required 20 Stormwater Statement Required 21 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call may be necessary to set the start point of the buffer and determine if any features are not subject to the buffer rules 22 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide No Parking Signs 24 Provide fire hydrant distribution information Rezoning and Conditional Zoning Cases Rezoning Case 21 - 13 Rezoning Petition General Business GB to Agricultural Residential AR Tax ID 17J07035D Owner Javier Contreras Applicant Javier Contreras Location 4624 US Hwy 70 Business West in Wilson’s Mills Township Mr Marr introduced the case and referenced the information listed above He referenced that this case was tabled from last month due to no one being present Mr Javier Contreras , Owner Applicant , stated that he had purchased the property from the previous property owners that he knew PageThere was no discussion Upon a motion by Mr Caldwell to approve Rezoning Case 21 - 13 , seconded by Mr Moore , Rezoning Case 21 - 13 was approved by a unanimous vote of 7 - 0 at the August 17 , 2021 Planning Board Meeting Rezoning Case 21 - 16 Rezoning Petition General Business GB and Agricultural Residential AR to Industrial 1 I - 1 Tax ID 05E99021F Owner Donald H Williamson and Edna Atkinson Williamson Applicant Runway Logistics , LLC Location 500 block of Wise Rd in Clayton Township Mr Marr introduced the case and referenced the information listed above Ms Hackler asked what business was there Mr Newton responded , equipment sales and service Ms Hackler asked for an explanation of Industrial I zoning Mr Marr explained the zoning and what the applicant was requesting to do on this site such as light industrial , no processed by - products Mr Alex Finley , representing the owners , stated that the use will be a trucking terminal and warehouse for logistics Staff Recommendation Approval Upon a motion by Mr Letchworth to approve Rezoning Case 21 - 16 , seconded by Mr Hudson , Rezoning Case 21 - 16 was approved by a unanimous vote of 7 - 0 at the August 17th , 2021 Planning Board Meeting Rezoning Case 21 - 17 Rezoning Petition Industrial 1 - Spe cial Use District I - 1 SUD to General Business GB Tax ID 12N11018B Owner SCD investments , LLC Applicant SCD investments , LLC Location 4241 US Hwy 70 East in Pine Level Township Mr Marr introduced the case and referenced the information listed abo ve PagePage pageNumber5There was no one present for the case Upon a motion by Ms Hackler to table Rezoning Case 21 - 17 , seconded by Mr Moore , Rezoning Case 21 - 17 was tabled by a unanimous vote of 7 - 0 at the August 17th , 2021 Planning Board Meeting Rezoning Case 21 - 06 Rezoning Petition Agricultural Residential AR to General Business - Conditional District GB - CD Tax ID 07F06029S & 07F06029R Owner Paganello - Nunziato Family LLC Applicant John Nunziato Location 9939 NC HWY 210 and 4065 Lassiter Rd in Elevation Township Conditional District Request Outside Storage and Storage Buildings Mr Marr introduced the case and referenced the information listed above Mr Newton explained conditional zoning and how it was different from what they are familiar with Mr John Nunziato , Applicant , explained that they operate storage facilities at McGee’s Crossroads and they are maxed out with space They have not heard any complaints from the neighbors Mr Letchworth asked where the access will be Mr Nunziato replied on Lassiter Rd He stated there is very little traffic on this road and people in the area need storage for RV’s due to HOA regulations in new subdivisions Ms Hackler asked if someone would be on site 24 7 Mr Numziato replied no , they will be open from 6am - 10pm Mr Marr read over the conditions for this Rezoning Case Mr Letchworth asked how the conditions differed from staff report provided at meeting and what they had in their packet Mr Newton stated they are essentially the same Mr Letchworth asked what the site plan requirements were Mr Marr explained those requirements PagePage pageNumber6Mr Newton stated that any major modifications will come back to the Board for review and approval Ms Byrd asked if RV’s would be parked on Lot 1 Mr Nunziato replied yes on some of it and then open space area on the rest There was a brief discussion on the opaque fencing Mr DeLaine asked the applicant if they agreed with the conditions Mr Numziato replied yes Staff Recommendation Approval Upon a motion by Mr Moore to approve Rezoning Case 21 - 06 , seconded by Mr Hudson , Rezoning Case 21 - 06 was approved by a unanimous vote of 7 - 0 at the August 17th , 2021 Planning Board Meeting Propo sed 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 This is a self - storage facility , which will comply to all conditional zoning 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 pro pose , as the applicant , below Applicant This self - storage facility will meet all requirements that are proposed We will not impact the surrounding communities or the environment in a harmful or non - compliant way We feel our self - storage facility wi ll enhance the environment and the surrounding communities by offering this service The facility will provide a service to homeowners and businesses that will store and or parking of vehicles that cannot be parked in their driveways or streets ; also , ho meowners and businesses often need storage to store things that they cannot store outside of homes and or businesses Conditions PagePage pageNumber71 Land use restricted to mini - storage and outdoor storage Proposed by applicant 2 The development shall conform to all requir ements of the Johnston County Land Development Code 3 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 4 Hours of operation shall be seven days a week from 6am - 10pm 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 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 7 All signage shall comply with the Johnston County sign code 8 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 9 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 10 If one acre or more is planned to be disturbed , an erosion control permit will be required 11 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 12 An 8 foot opaque fence will be installed around storage area Rezoning Case 21 - 09 Rezoning Petition Agricultural Residential AR to General Business - Conditional Di strict GB - CD Tax ID 13E04036K & 13E04036L Owner N Morris Rowland Applicant Adams & Hodge Engineering , PC Location 500 Block of Church Rd in Pleasant Grove Township Conditional District Request Outdoor Storage for boats , RV’s , travel trailers and trailers Mr Marr introduced the case and referenced the information listed above Mr Tim Shipman , had concerns with the rezoning due to traffic on the road , proper drainage and lighting He was also concerned about the hours of operation Mr Donnie Adams , Surveyor Engineer , stated that this site was in a high growth area and is less than a mile from McGee’s Crossroads and in a great location He stated there are two parcels and they both have been approved in the past for outdoor storage The land hasPagePage pageNumber8been passed to the previous owner’s son and he would like to continue where they left off , he stated He added they have met all the conditions Mr Letchworth asked if they were proposing an opaque fence Mr Adams stated that it was a re quest from the client to have evergreens as a buffer Ms Hackler asked about the Knocks Box and what it was Mr Newton explained that it is a master key for the fire marshall There was a brief discussion on fencing Mr Chris Rowland , Owner , woul d like to request other types of fencing Mr Newton explained the possible opaque fence options Mr Caldwell asked what would prevent trailers and other activities on site Mr Rowland stated that he would screen customers and have strong lease doc umentation Staff Recommendation Approval Upon a motion by Mr Letchworth to approve Rezoning Case 21 - 09 , seconded by Mr Hudson , Rezoning Case 21 - 09 was approved by a unanimous vote of 7 - 0 at the August 17th , 2021 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 Purpose The purpose of the conditional district is to allow for an outdoor storage facility Part of the area 182 ac that is requested to be rezoned to GB - CD is presently zoned GB - SUD which allows for outdoor storage as a permitted use The other part of the 172 ac property which is vacant is zoned AR district It is requested to rezone both properties to GB - CD to allow for the construction of an outdoor storage facility Narrative Please refer to the Site Plan - Crown Storage prepared by A & H Engineering , PC dated 7 22 2021 No water or sewer utilities are planned because there is no building s proposed that would require water and sewer services Storm water management facilities are proposed since the development of the property to an outdoor storage w ould involve more than 17,000 sf of impervious surface area The storm water management facility will be designed so as to regulate the quantity and quality of storm water discharge from the property ThePagePage pageNumber9entire outdoor storage area will be enclosed with screen fabric mounted on an 8 ft chain link fence The storage area will be accessed through a code gate located off Church Rd The gate will be setback from the edge of the pavement on Church Rd to allow for adequate stacking distance The actual sur face of the storage area will be compacted gravel No pavement is proposed except at the entrance off Church Rd In addition to the screened fence there will be 20 ft landscape buffers on NC 50 and Church Rd The adjacent residential properties to the n orth and south of the tract will be screened with a 10 ft landscape buffer All landscaping will be in accordance with the Johnston County buffer requirements Access to the property will be a very low volume and will be primarily during working hours Area lighting will be kept to a minimum and will not exceed 05 foot candles at the property line Proposed Uses 24 hour accessible outdoor storage and outdoor storage covered on three 3 sides Storage of RV’s , travel trailers , utility trailers non - enclosed and enclosed and boats 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant Standard pr escribed uses , setbacks , buffers , landscaping and other site development standards that would normally apply to the development parcels Conditions 1 Land use restricted to outdoor storage of boats , RV’s , travel trailers and trailers Proposed by applica nt 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 4 24 - hour accessibility 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 Site may include a future covered 3 sided outdoor storage area 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 Johnston County sign code 9 All buildings and or structures must comply with rules enforced by Federal , State andPage0Local agencies 10 If 17,000 SF of imperviou s area is planned or 1 acre will be disturbed , a stormwater permit will be required 11 If one acre or more is planned to be disturbed , an erosion control permit will be required 12 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles Rezoning Case 21 - 15 Rezoning Petition Agricultural Residential AR to General Business - Conditional District GB - CD Tax ID 05G04010X Owner Steve & Haley Lenderman Applicant Steve & Haley Lenderman Location 2239 Barber Mill Rd in Clayton Township Mr Marr introduced the case and referenced the information listed above Mr Steve Lenderman , Owner Applicant , stated that the house was built in 1910 and it is a cool house T hey believe it would make a great venue The property is six acres and they would like to rezone half for events He added there is a 100 + year old Magnolia tree on site They intend to be respectful of the area and the neighbors Mr Moore asked what ev ents they would have Mr Lenderman responded small business conferences , possibly weddings They are intending 50 - 60 people per event that could sit inside and the outside would be used mostly for weddings They should have parking area for 100 + guests for weddings Mr Letchworth stated that they are next to subdivisions Mr Lenderman responded they are at least 200 feet from the nearest neighbor They would like to have multiple weddings in one day if possible so the hours would be from 8am - 1am There was brief discussion on the noise ordinance Mr Lenderman stated that there are natural buffers and scenery by trees all the way around the property Ms Davis asked about accessibility Mr Lenderman stated it would be handicap accessible Page1Ms Carrie Webster , 648 Slate Top Rd , stated that she is against the venue due to concerns with music and traffic Mr Earman Adams , 84 Slate Top Rd , asked if there would be a driveway off of Slate Top Rd Mr Lenderman replied yes , and the driveway will have a sign and only be open during business hours There was no further discussion Staff Recommendation Approval Upon a motion by Mr Hudson to approve Rezoning Case 21 - 15 , seconded by Ms Hackler , R ezoning Case 21 - 15 was approved by a unanimous vote of 7 - 0 at the August 17th , 2021 Planning Board Meeting Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The venue most commonly known as the Bryan - Wilkins House is planned for smaller events such as intimate weddings , community events for example farmer market , blood drive and small busin ess gatherings , etc and conference center The new venue aims to take advantage of the homes unique architecture ; a combination of Queen Ann and Colonial Revival styles and turn it into something vibrant and that the existing neighbors and county will be proud of There are no plans for a commercial kitchen , all food for functions will be catered to the property Alcohol is planned to be served as part of the venue amenities Events are planned to be held indoor and on the very large and open porch and in the substantial lawn area to the south of the house , to take advantage of where the enormous 100 + year old Magnolia Tree thrives 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional condition s 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 Conditions Page21 Land use restricted to event venue Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 5 Hours of operation M - Th from 9am - 10pm , Fri - Sat from 8am - 1am , and Sundays from 8am - 11pm 6 All parking off - street 7 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 8 Installation of at least a Class B buffer along all rezoning boundaries lines 2 larg e trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing vegetation may be used 9 All signage must comply with the Johnston County sign ordinance 10 Environmental Health regulations must be adhered to for any food preparation or sal es 11 Strict compliance with the Johnston County Noise Ordinance There were no discussion items The meeting ended at 7 45 pm Respectfully submitted by _______________________________________ Stephanie Richter , Secretary for the BoardPage