December 21, 2021 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , December 21 , 2021 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , December 21 , 2021 at 6 00 pm at the Johnston County Agricultural Center , 2736 NC Hwy 210 , Smithfield , with the following members Present Denise Byrd , Adam Caldwell , Michelle Davis , Allan DeLaine , Nicole Hackler , Will Letchworth , Richard Braswell BOCC Representative Absent Brooke Holmes , Freddie Hudson , Matthew Moore , 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 Approval of the Minutes Upon a motion by Ms Byrd to approve the November 16th Planning Board Minutes , seconded by Ms Davis and carried by a unanimous vote of 5 - 0 , the November 16 , 2021 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Crantock Rd Tract 2021 Owner Sanders Greystone , LLC , Sanders Crantock , LLC Developer Jones Creek , LLC Surveyor Freedom Firm PC Acreage Lots 60436 acres , 259 lots Tax ID # 15H07011 Address 2618 Crantock Rd Mr Marr introduced the subdivision and referenced the above information Mr Letchworth asked if NCDOT had the opportunity to review the TIA and if they had any additional comments Mr Marr confirmed that NCDOT had reviewed the TIA and did not have any additional comments 1PageMr Hewitt , representing the Developer , was present to answer any questions the Board may have Mr Hewitt shared that the preliminary plat was delivered to the Planning Department Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , was present to answer any questions the Board may have Mr Bagley stated the particulars of the development Mr Bagley shared that there were four points of entry access for this tract and two subdivisions to the east of this tract with approximately 100 lots Mr Bagley explained that the two left parcels were removed from the original preliminary site plan leaving 453 acres and estimating 259 lots Mr Bagely discussed that the subdivision could be developed in phases Mr Bagley discussed an existing buffer , lot sizes , and stormwater management Ms Hackler asked about an existing pond and its location in relation to the lots of the subdivision Mr Bagley stated that the existing pond is located on the back end of lot 6 and will not be included in the subdivision Mr Bagley also stated that the existing pond could be located in open space designated for the subdivision Mr Caldwell asked for clarification about the existing pond and if it will be included in the subdivision Mr Bradley Stancil , 1415 Jackson - King Rd , Willow Spring , NC , stated that they would meet the Board’s preference concerning the existing pond Mr Caldwell asked for more information concerning the lagoon on the tract Mr Stancil stated that the lagoon was out of service currently and the intent is to go through the permit process to remove the abandoned lagoon Ms Hackler asked about the process for removal of the lagoon in respect to the start of work Mr Stancil stated that the removal process did not have to be completed prior to the start of work and the site would not need to be remediated to the best of his knowledge Mrs Byrd asked about the intent of the ponds that are south of Crantock Rd that are noted to be retained by owner Mr Stancil confirmed Ms Hacker discussed discrepancies between application information and preliminary plat information Ms Hackler stated the application is for 259 lots and the preliminary plat is showing 266 lots Ms Hackler asked if the change in acreage size would affect the maximum allowable density 2PageMr Marr stated that the maximum allowable density would now be 656 Ms Hackler asked if she had a wrong map Mr Marr shared that the first application was received with 300 + lots Mr Marr was then contacted approximately 10 days prior to the Planning Board meeting with a change in lots decreasing the total to 259 lots Mr Marr was not notified of the decrease in total acreage Ms Hackler stated the site plan information on the preliminary site plan states 259 lots ; however , the numbering of the lots goes up to 266 Mr Bagley confirmed that 266 is the correct number of lots Ms Byrd asked about the Voluntary Agricultural District to the north of this tract Ms Hackler explained that a note should be included on the preliminary site plan referencing the adjacent Voluntary Agricultural District Mr Newton confirmed Further discussion determined that the Voluntary Agricultural District was added after the submission of the subdivision application Mr Letchworth stated that the TIA showed a different site plan than what was included on the preliminary site plan Mr Letchworth expressed concern about Section B , the intent to fill in the existing pond , and the intent to reserve for future development or be retained by owner Ms Hackler asked about the difference in plans and possible future development of Section B Mr Bagley stated that Section B contains the lagoon previously discussed and most of the section contains unsuitable soil Mr Newton shared that any future development would be considered a major subdivision and access would need to come from an internal or existing local street Internal access is preferred Mrs Byrd asked about the future of the Crantock House Mr Bagley stated the integrity would be maintained and would not be a part of the subdivision but deeded out The residents would be able to continue to live in the house for the duration of their life Mr Ray Workman , 268B Freedom Rd , Smithfield , NC , is an adjoining property owner Mr Workman shared concerns about lots 132 and 133 being located directly across the existing easement to his property 3PageMr Hewitt responded that the existing easement was a deeded easement on record and is outside the project Adjoining property owners would be able to continue to use the easement to access their properties Ms Hackler asked about the type of easement Mr Hewitt responded that the existing easement was a deeded easement and should be acknowledged in the future should an adjoining property owner want to sell their property Mr Clay Byrd , 1920 Crantock Rd , Smithfield , NC , asked about the start of the work on this subdivision Mr Hewitt responded that the project had just completed the feasibility stage and is in the governmental authority stage with an estimation of start in summer 2022 Mr Byrd asked where the subdivision would begin and inquired about open space Mr Stancil stated that the projection is 25 - 30 units annually with approximately four phases The open space shown on the preliminary site plan is projected to remain open space Sizeable wetland areas typically go into a conservation easement It is anticipated that the existing buffer would remain but not for certain There was no further discussion Chairman DeLaine asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions in the staff report Mr Letchworth noted there were several items that needed correcting on the preliminary site plan prior to approval Staff recommendation is for approval Upon a motion by Mr Letchworth to table the Crantock Rd Track 2021 , seconded by Ms Hackler , the Crantock Rd Track 2021 was tabled to the January 18 , 2022 Planning Board Meeting by a unanimous vote of 5 - 0 , at the December 21 , 2021 Planning Board Meeting Rezoning and Conditional Zoning Cases Rezoning Case 21 - 18 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 13D04056 Owner CL Byrd 4PagePage pageNumber5Applicant CL Byrd Location 11098 NC Hwy 50 N in Pleasant Grove Township Mr Marr introduced the case and referenced the information listed above Mr Chip Hewitt , representing the Applicant , was present to answer any questions the Board may have Mr Hewitt described the surrounding zonings and land uses There was no further discussion Chairman DeLaine asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Ms Byrd to approve Rezoning Case 21 - 18 , seconded by Ms Hackler , Rezoning Case 21 - 18 was recommended for approval by a unanimous vote of 5 - 0 at the December 21 , 2021 Planning Board Meeting Rezoning Case 21 - 22 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 06E02055Q Owner Bobby & Peggy Creech Applicant Jana Brown Location 11138 Cleveland Rd in Cleveland Township Mr Marr introduced the case and referenced the information listed above Ms Jana Brown , 602 Balmoral St , Clayton , NC , Applicant , stated the purpose of the request and was present to answer any questions the Board may have There was no further discussion Chairman DeLaine asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Ms Byrd to approve Rezoning Case 21 - 22 , seconded by Mr Caldwell , Rezoning Case 21 - 22 was recommended for approval by a unanimous vote of 5 - 0 at the December 21 , 2021 Planning Board Meeting 5PagePage pageNumber6Rezoning Case 21 - 21 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13E04025B & 13E04025C Owner Consolidated of NC , LLC Applicant Consolidated of NC , LLC Location 698 Church Rd in Pleasant Grove Township Conditional Zoning Request Outdoor Public Storage , condition unconditioned storage buildings , commercial flex retail Mr Marr introduced the case and referenced the information listed above Mr David Manning , 108 A Professional Court , Garner , NC , Applicant Owner , shared that a site plan was provided and stated the particulars of the request Ms Hackler asked for a projected start date Mr Manning stated that phases 1 and 2 are complete ; phases 3 and 4 would be next Mr Andrew Stephenson , 11964 NC HWY 50 , Willow Spring , NC , representing Stephensons Bar - B - Q and Stephensons Nursery , adjoining properties , expressed concerns about buffers and water quality Mr Newton responded to the concerns about the buffer stating the difference between requirements for various zonings Mr Newton shared that the buffer had to be on the subject property and not the adjoining property Mr Newton shared the preliminary site plan would go through a technical site plan review with various county agencies if approved The preliminary site plan is subject to change as a result of the review Mr Stephenson expressed additional concerns about the lighting at the storage facility and asked about fencing around the storage facility Mr Newton responded that the preliminary site plan did include a fence around the storage facility and the buffer would exist outside of the fence per requirement There was no further discussion Chairman DeLaine asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Ms Hackler noted several of the proposed conditions addressed the concerns of Mr Stephenson Mr Manning stated that there were no issues with the proposed conditions 6PagePage pageNumber7Mr Stephenson asked about the request for commercial flex retail space Mr Letchworth encouraged Mr Stephenson to follow up with county staff regarding the lighting at the existing storage facility and the conditions required for that facility Mr Letchworth responded that the preliminary site plan showed a space for a small office for management of the storage facility Mr Manning responded that their purpose for the commercial flex retail space would be to serve storage customers with items related to the storage facility These items most likely would include boxes and tape Staff Recommendation Approval Upon a motion by Ms Hackler to approve Rezoning Case 21 - 21 , seconded by Mr Letchworth , with Ms Byrd in opposition of the approval , Rezoning Case 21 - 21 was recommended for approval by a vote of 4 - 1 at the December 21 , 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 This project will improve the area by removing the old non - conforming trailer park and all of its issues with a new use and greatly improved tax base The security and general appearance of the area will be greatly improved The proposed land used would include outdoor indoor public parking for boats , trailers and RV’s as well as additional general storage facilities Flex office and or retail facilities 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 Project to be built with improvement to the area and significant changes that will be very beneficial to the general area and existing property owners Conditions 1 Land use restricted to outdoor indoor storage of boats , RV’s , and trailers as well as additional general storage facilities Flex office and or retail facilities Proposed by applicant 7PagePage pageNumber82 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 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 - 23 Rezoning Petition Agricultural Residential AR to Industrial - 2 Conditional Zoning District I - 2 CZ Tax ID 06D01009 Owner Patricia Ann Johnson Maynard & Paulette Johnson Slayton Applicant Merritt Acquisitions , LLC - Nathan Robb Location 6100 NC Hwy 42 in Cleveland Township Conditional Zoning Request Limited Heavy Industrial Mr Marr introduced the case and referenced the information listed above Ms Hackler asked about the closest I - 2 to which Mr Marr replied by pointing out the closest I - 2 areas on the map Ms Brendie Vega , 137 S Wilmington St , Raleigh , NC , representing Withers Ravenel and the Applicant , was present to answer any questions the Board may have Ms Vega stated the particulars of the request and shared conditions offered by the Applicant Mr Marr provided the Board with a table of permitted uses and brought attention to the I - 2 column Ms Vega shared images of a local development near RTP recently completed by Merritt Properties Ms Vega also shared images of local developments in Knightdale and Wake Forest 8PagePage pageNumber9Mr Letchworth asked about the outcome of the TIA to which Ms Vega responded that Kimley - Horn was working on the TIA with NCDOT and anticipated its completion prior to the BOCC presentation Mr Letchworth asked about the possibility of a charter school and expressed concerns for traffic implications Ms Vega responded that there is not enough queuing space on the site for a school Mr Letchworth asked staff about the controls in place to determine the intensity level of a school that may want to be located in such a facility as proposed Mr Newton replied that the use of each space would have to be approved and a zoning permit would be needed for each tenant before the tenant can customize improve the space Mr Letchworth asked staff about NC HWY 42 and its expansion to four - lane Mr Newton responded the last date heard was 2029 but that may change There was no further discussion Chairman DeLaine asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Mr Letchworth to approve Rezoning Case 21 - 23 , seconded by Ms Byrd , Rezoning Case 21 - 23 was recommended for approval by a unanimous vote of 5 - 0 at the December 21 , 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 See Below 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 See Below 9Page0Conditions 1 The following uses shall not be permitted Airport , Asphalt Plant , Carnival Circus temporary , Coal Wood Fuel Yards , Pole Treating Plants , Concrete Plant - Manufacturing , Cotton Gin - Cotton Waste Processing , Extraction of Earth Products , Fertilizing Manufacturing , Junkyard or Salvage Yard , Landfills , Mining Quarry Operation Trucking Terminals - Transfer Companies , or Wholesale Gasoline Storage Facility Proposed by applicant 2 Primary functions and operation of uses within the site will be conducted indoors and will comply with local noise ordinances Proposed by applicant 3 All manufacturing uses shall take place within an enclosed building Proposed by applicant 4 No outdoor loudspeakers will be permitted to be installed on the exterior of any building Amplified sound will only be permitted on a temporary basis for singular events , no later than 11 00 pm , within the parameters of the County noise ordinance Proposed by applicant 5 Lights shall be downward facing Lights shall be equipped with fully shielded fixtures so that no light is emitting upwards Exceptions would include landscape and ornamental parking lot lighting Aerial lasers and searchlights shall be prohibited Building mounted lighting can be dimmed Proposed by applicant 6 When possible mechanical systems will be placed on the roof , and screened to eliminate site lines and reduce potential noise impacts When not possible , mechanical systems may be placed in the rear of the building , and screened accordingly Proposed by applicant 7 Applicant will endeavor with the adjacent property owners to have combined access to Hwy 42 at the NE corner of the site , ie Advanced Auto Otherwise , the applicant will be limited to one entrance , pending the outcome of the TIA , the access may only be Right in Right out Proposed by applicant 8 The development shall conform to all requirements of the Johnston County Land Development Code 9 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 10 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 11 All signage shall comply with the Johnston County sign code 12 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Rezoning Case 21 - 24 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 16J01009L Owner Bobby Taylor Applicant Stephen Allen 10Page1Location 16810 Buffalo Rd in Wilders Township Conditional Zoning Request Parking & Storage Facility Mr Marr introduced the case and referenced the information listed above Ms Hackler asked about the next closest GB to which Mr Marr referenced the map and stated everything in the area is AR Mr Stephen Allen , 6571 New Market Way , Raleigh , NC , Applicant , stated the purpose of the request , the particulars of the request , and was present to answer any questions the Board may have Ms Byrd asked specifics about the preliminary map to which Mr Allen responded which areas would be parking spaces , storage building , and gated entry access Ms Hackler asked about the next closest storage facility to which Mr Allen replied that he did not know the next closest location Mr Letchworth asked how the Applicant would make sure this type of facility would be compatible with the surrounding land uses Mr Allen responded that the facility would be visually appealing in the community Mr Herbert Case , 16750 Buffalo Rd , Wendell , NC , an adjoining property owner expressed concerns about the proposed facility being feet away from his daughter’s home and his own home Mr Case also expressed concern for lighting at night and increased traffic in the area Mr Case expressed his desire to keep the area agricultural residential Mr Leon Cobb , 16894 Buffalo Rd , Wendell , NC , an adjoining property owner expressed similar concerns as Mr Case Mr Cobb also expressed support for the owner , Mr Bobby Taylor There was no further discussion Chairman DeLaine asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to inconsistencies with the surrounding area Staff Recommendation Denial Upon a motion by Mr Caldwell to deny Rezoning Case 21 - 24 , seconded by Ms Hackler , Rezoning Case 21 - 24 was recommended for denial by a unanimous vote of 5 - 0 at the December 21 , 2021 Planning Board Meeting Discussion Items 11Page2Ms Slusser introduced Mr Richard Braswell as the newest member of the Johnston County Board of Commissioners Commissioner Braswell brought greetings from Commissioner Wood Commissioner Braswell shared a few remarks and wished all a Merry Christmas Chairman DeLaine wished the members of the Planning Board and the general public a Merry Christmas The meeting ended at 7 50 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 12Page