December 17, 2020 - Planning Board Full Packet

JJc,,,,~,fl - Cfi,,,,1 PLEDGE OF ALLEGIANCE2 APPROVAL OF THE MINUTESFrom the November 17, 2020 Planning Board Meeting600pm Subdivision Review3 SUBDIVISIONS Speakers to be Sworn In• Byrd town Road-Clifton Tract 19 06 acres, 15 lots 469 Byrdtown Rd off of NCHwy 50 N in Elevation Township600pm or after Public HearingsLREZONING AND SPECIAL USE CASESCASE 20-35Rezoning Petition Petition to rezone a 139 acre tract located at 87 IO NC Hwy 96 Southin Meadow Township from Agricultural Residential AR to General Business GBTax ID 09Hl4073JOwner Randy ParkerApplicant Wilbur Stuart AllenCASE 20-36Rezonint Petition Petition to rezone 593 acres located at 8098 Harper House Rd inMeadow Township from Agricultural Residential AR to Industrial 2-Special UseDistrict 12-SUDTax ID 09J 17036 09J 17035AOwner Carolyn Williams Joyce Burchette; ELA, LLCApplicant Williams Solar, LLCSpecial Use Reguest Solar facilityCASE 20-37Rezonin2 Petition Petition to rezone 4467 acres located at 425 Technology Dr inCleveland Township from Agricultural Residential AR with Interstate HighwayInterchange IHI overlay to Agricultural Residential-Special Use District AR-SUDwith Interstate Highway Interchange IHI overlayTax ID 06E02002Z, 06E02007 A, 06E02003Z, 06E02007DOwner Glenn MillerApplicant Hawthorne Residential Acquisition LLC-Edward HarringtonSpecial Use Request Multi-family residential up to 8 duac density5 DISCUSSION ITEMS6 INFORMATION ITEMSA Building Permit TrendsB SubdivisionFee in Lieu StatsC Zoning Case SummaryD Monthly Activity ReportE Johnston County School Data7 NEXT MEETING January 19, 2021-6pm8 ADJOURNMENTDRAFTMEETING OF THE JOHNSTON COUNTY PLANNING BOARDTuesday, November 17, 2020 600 pmThe Johnston County Planning Board met in regular session on Tuesday, November 17,2020 at 600 pm in the Johnston County Public Library, Smithfield, with the followingmembersPresent Allan DeLaine, Russell Creech, Will Letchworth, Denise Byrd, Nicole Hackler,Adam Caldwell, Michelle Pace DavisAbsent Brooke Holmes, Lany Massengill, BOCC RepresentativeAlso present Braston Newton, Director; Todd Marr, Planner; Cole Rainey, Pla1mer;Cameron Pittman, Planning Technician; Jennifer Slusser, County AttorneyChairman DeLaine opened the meeting at 600 pm with the Pledge of AllegianceMr Caldwell made a motion to approve the minutes from October 20, 2020, seconded byMs Davis and carried by a unanimous vote of 6-0; the October 20, 2020 minutes wereapproved as presentedSpeakers were sworn inSubdivisionsByrdtown Road - Clifton Tract Subdivision has been tabled until the DecembermeetingJones Tract 2020 has been withdrawn from tonights meetingCharlestowne Phase III SubdivisionOwner Teny Allen Parker Kathryn L ParkerDeveloper Four Cs of Johnston County, LLCSurveyor Enoch Engineers, PATax ID# 15Ml4035ALocational Data Brogden Rd SR 1007 at Pollard Rd in Smithfield TownshipSite Data 3803 acres, 47 lots1Mr Marr introduced the subdivision and referenced the information listed above Headded this subdivision was tabled from last months meeting 45 lots have been recordedin previous phasesMr DeLaine asked why it was tabled last monthMr Marr replied for more discussions on the entrance and concerns about the roadwaysnot being state maintainedMr Fleet Temple, 1403 NC Hwy 50 South, Benson, Enoch Engineers, stated that theyhad been in touch with DOT about tying into Brogden Rd He added that was not goingto happen due to the offset of the centerline with Pollard Rd The intersection would notline up and DOT would not approve that, he continued The concerns about the mailkiosk have been corrected as they have added a second kiosk on Baybeny to split thetraffic and have full circulation As far as DOT petitioning for streets, they havepetitioned for Bayberry Lane in Phase 1 The response from DOT was that it will belooked at within a week according to an email from yesterday, he stated Phase 2 hasnot been petitioned but there have been discussions with the developer on thatMr Creech asked why these phases havent been turned over to the State before nowMr Temple responded that you have to wait until 75 of the lots are sold before DOTwill consider taking it over After that, he continued, it is up to the Developer to fill outthe petition Most developers do this right at the 75 so they can be done withmaintenanceMr Creech asked how old Phase 1 is, when it was developedMr Temple stated he did not knowMr Creech continued that if the streets have not been petitioned in 14-15 years, whatmakes the homeowners out there know that it will be done at this point He added that ifsomething happened then who is responsible for maintenance of the road until that pointMr Temple explained the DOT petition process, as he is aware of itMr Letchworth explained stub out streets and what the ordinance states as far assubsequent phases He added that Clipper Lane cannot be extended until it is taken overor been petitioned to be taken overMr Temple stated they are fine with a statement on the plat referring to Clipper LaneMr Andrew Phillips, 109 Meadowbrook Court, Benson, stated that Teny Parker was theoriginal developer of Phase I and could not make it to the meeting The petition wascompleted for the DOT take over and they do have the punch list items to complete,which will not be an issue, he added Mr Worley, the developer of Phase II, also does nothave an issue with DOT taking over the streets2There was brief discussion by the Board on what happens if DOT does not take over theroadsMr Wiley Pope, Attorney for Developer, stated the punch lists will be addressed and thisdeveloper is willing to incur the expenses of that He advised the Board not to get caughtup in the streets based on what the UDO states They do not have to be accepted orapproved, just petitioned The developers stance is that the roads will be taken over bythe State and will be maintained appropriately He added that for all intensive purposesthe petition has been done He continued discussing Clipper Lane and Phase II and that astub out is for tie in purposes and residents out there should have been made aware Heconcluded that all phases were mapped out at one time even though different developersare developing different phasesMr Creech asked about a timelineMr Pope replied during the build out, Clipper Lane would get tied into Phase I will getinspected this week, according to an email they received from DOT He stated as soon asa punch list is given to them, they will be ready to address the issuesMr Phillips stated a few weeks he believes to get the punch list items complete and forthem to take it over, possibly 2-4 months but he added with Covid, things are takinglongerMr Robert Flynn, 188 Bayberry Lane, stated he has lived there since 2008 and he wasgiven a map stating that the street could be continued in the future at that time He statedthat Johnny Adams was their developer and he does not know Mr Parker He added thatMr Adams filed for bankruptcy after finishing his last house in that Phase and he walkedaway from it all The homeowners could not get their one-year repairs complete as waspromised He stated that only two homes have had second ownership and that there areelderly people in that neighborhood and children He has concerns about people walkingin streets with the large trucks and equipment passing through He has called DOT manytimes over the years about issues and were told they could do nothing because the roadshad not been taken over by the State He is asking for a control of traffic speed such asspeed bumpsThere was brief discussion between the Board and the County Attorney on the wording ofthe Ordinance as it relates to petitioning streetsMr Sam Lilly, 168 Bayberry Lane, stated that he has lived there since 2010 and the roadhas not been touched in l O years There are potholes he added The neighborhood wasquite small for a long time, he stated, but now there is more traffic and people do speedThe cheapest route is to extend the road that is already there and he understands thatHowever, he believes a new road could handle the traffic better than the existing one thathas been in place for so many yearsMs Sheila Whitley, 5500 Brogden Rd, Smithfield, Realtor, stated that she understandsthe homeowners concerns She expressed concerns about the developers dropping theball at times She went on to explain the 75 rule that used to be in place in the County3where builders could not get permits until the streets were taken over after that 75 wasbuilt out She has talked to other builders that say that has not been implemented so shebelieves this is an issue As a realtor, she believes this is a major issue with roads notbeing taken over by DOT She also stated that some lenders will not lend money on anunpaved streetMr Jimmy Whitley, 725 Pollard Rd, Smithfield, stated that his family owns the propertyto the west of this site and behind it to the south He added they own a sand mine in theback of this property and he is concerned about drainage easements running to hisproperty He wants to go on record stating that he has issues with the drainageMr DeLaine added that the stormwater department could assist him in his questionsMr Joseph Howell, 99 Yurman Lane, Smithfield, stated he has issues with the ditch andthe water runoff He does not believe it should be his responsibility to go somewhere elseto get the issues taken care ofMr Newton explained the process of when storm water gets involvedStaff recommendation was for preliminary approvalUpon a motion by Mr Letchworth to approve Charlestowne Phase III Subdivision,seconded by Ms Hackler, with Mr Creech in opposition, the Planning Board approvedCharlestowne Phase III Subdivision at the November 17, 2020 Planning Board Meetingby a vote of 5-1Conditions and Requirements[Planning]1 Complete flood plain information2 Metes bounds3 Certifications4 Entrance sign street signs5 Street name approval6 All lots shall access internal streets7 Cul-de-sac lots must have 40 road frontage8 Complete improvements or provide performance guarantee9 Provide final plat Street Disclosure Statement Certificate for streetmaintenance DM Sec 7, L item 810 Fee-in-lieu of open space shall be paid prior to recording11 Provide utility easements along all lot lines in accordance with LDC Sec14-75 d 312 Coordinate with the US Postal Service for the design of and utilization ofcluster box mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements4[Environmental Health]13 Approval of all lots for onsite sewage disposal or statement for eachunapproved lot[NCDOT]14 A driveway permit and subdivision design approval must be obtained prior toconstruction15 All design aspects of the plans shall comply with the current NCDOTStandard Specifications for Roads and Structures, NCDOT Subdivision RoadsMinimum Construction Standards, and Policy on Street and Driveway Accessto North Carolina Highways16 It will be determined at the time the driveway permit application is submittedif any road improvements will be required[Public Utilities]17 Stormwater Erosion Control Permits Required18 Stormwater Statement Required19 A reasonable impervious area limit should be used per lot This should allowfor homeowner additions as well20 Wetlands should be delineated and shown on the plan if any are present aswell as any jurisdictional features21 Property is limited to 15 impervious area without stormwater management[Emergency Services]22 Provide access road construction details and grade information23 Provide Fire Flow Report and Utility Plans Fire HydrantsArchers Park SubdivisionOwner P P Land DevelopmentDeveloper P P Land DevelopmentSurveyor True Line SurveyingTax ID# l 1N02037Locational Data NC Hwy 231 12 of a mile west of NC Hwy 222 West in ONealsTownshipSite Data 87195 acres, 99 lotsMr Marr introduced the subdivision and referenced the information listed aboveMs Slusser clarified the actions needed by the Board for this subdivision due to theinaction taken at last months meeting She explained the vote last month and how there5was no action taken, because it did not pass, does not mean it was approved either, shestatedMr Caldwell made a motion to hear additional public comments, seconded by MrCreech and carried by a unanimous vote of 6-0Mr B1yce Pike, stated that the surveyor was also present to answer any questions Arevised plat has been submitted as well, he addedMr Athan Parker, stated that Lot 5 was an amenity lot but that correction has been madeon the resubmittal They plan to follow all guidelines and rulesMr Tom Jones, stated that his lot is in Archers Crossing and backs up to Lot 91 and 99in the new subdivision He has concerns with standing water and water runoff He doesnot want his lot to be in worse shape because of this new subdivision He also hasconcerns with the pond in the area of Lot 5 He concluded by stating he is opposed to thissubdivisionMr Parker responded that the pond will be an amenity pond and will be drained Headded it is a farm pond and not a wetland He added that the storm water plan would beaddressed when it is time with the Utilities DepartmentThere was brief discussion on a flag lot and amenity lotStaff recommendation was for preliminary approvalUpon a motion by Ms Hackler to approve Archers Park Subdivision, seconded by MrCaldwell and carried by a unanimous vote of 6-0, the Planning Board approved ArchersPark Subdivision at the November 17, 2020 Planning Board MeetingConditions and Requirements[Planning]1 Complete flood plain information2 Metes boundsCertificationsEntrance sign street signsStreet name approval3456 All lots shall access internal streets If lot 98 and 99 do not, then theymust share a driveway7 Cul-de-sac lots must have 40 road frontage8 Complete improvements or provide performance guarantee9 Stubout Street extension signage in accordance with LDC Sec 14-226 g10 Provide final plat Stieet Disclosure Statement Certificate for streetmaintenance DM Sec 7, L item 811 Show shared driveway access easement and provide statement for sharedmaintenance on Final Plat612 Fee-in-lieu of open space shall be paid prior to recording13 Provide utility easements along all lot lines in accordance with LDC Sec14-75 d 314 Coordinate with the US Postal Service for the design of and utilization ofcluster box mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health]15 Approval of all lots for onsite sewage disposal or statement for eachunapproved lot[NCDOT]16171819A driveway permit and subdivision design approval must be obtained priorto constrnctionAll design aspects of the plans shall comply with the current NCDOTStandard Specifications for Roads and Structures, NCDOT SubdivisionRoads Minimum Construction Standards, and Policy on Street andDriveway Access to North Carolina HighwaysIt will be determined at the time the driveway permit application issubmitted if any road improvements will be requiredLeft turn lane will be required to include storage for driveway to lots 98and 99 if they are not internally served[Public Utilities]20 Stonnwater Erosion Control Permits Required21 Stormwater Statement Required22 A reasonable impervious area limit should be used per lot This shouldallow for homeowner additions as well23 Wetlands should be delineated and shown on the plan if any are present aswell as any jurisdictional features24 Potential Buffers located on property not shown on plan-Buffer call willneed to be completed if not done so already or the buffer will need to beshown on the plan Provide buffer call with plan submittal25 Property is limited to 15 impervious area without stormwatermanagement26 401404 Permits are required for any impacts[Emergency Services]27 Provide road construction details, grade information, and cul-de-sacdimensions28 Provide turnaround on Street F729 Provide Fire Flow Report and Utility Plans Fire HydrantsLily Farms SubdivisionOwner HWY 96, LLCDeveloper David De Young, RiverWildSurveyor Mike StokesTax ID# 11M06009ULocational Data NC Hvry 96 just south of Day Lily St in ONeals TownshipSite Data 11 77 acres, 3 lotsMr Marr introduced the subdivision and referenced the information listed aboveMr David De Young, 114 W Main St, Clayton, Developer, explained the lots and theaccess to Lot M3 Lot 27 will be combined with M3 He explained how a recombinationplat would be completed as wellMs Hackler which would have to be done firstMr De Young stated they would still have a shared driveway for Ml and M2 and then M3would be recombined He added that they accept all the conditions and requirementsStaff reconunendation was for denial, due to the direct driveway access onto NC Hwy 96With all the recent changes and additions, staff is willing to change recommendation toapprovalUpon a motion by Ms Hackler to approve Lily Farms Subdivision with the agreed uponprovisions, seconded by Mr Creech and carried by an unanimous vote of 6-0, thePlanning Board approved Lily Farms at the November 17, 2020 Planning Board MeetingConditions and Requirements[Planning]1 Complete flood plain information2 Metes bounds3 Certifications4 Entrance sign street signs5 Street name approval6 Complete improvements or provide performance guarantee7 Provide final plat Street Disclosure Statement Certificate for streetmaintenance DM Sec 7, L item 88 Show shared driveway access easement and provide statement for sharedmaintenance on Final Plat9 Driveways shall be separated 500 feet apart10 Fee-in-lieu of open space shall be paid prior to recording11 Provide utility easements along all lot lines in accordance with LDC Sec14-75 d 3812 Coordinate with the US Postal Service for the design of and utilization ofcluster box mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility se1vicesC13CBU shall meet ADA and Fire Code requirementsRecombine M3 with lot from Previous phase and lots Ml and M2must share driveway[Environmental Health]14 Approval of all lots for onsite sewage disposal or statement for eachunapproved lot[NCDOT]15 A driveway permit and subdivision design approval must be obtained priorto construction16 All design aspects of the plans shall comply with the current NCDOTStandard Specifications for Roads and Structures, NCDOT SubdivisionRoads Minimum Construction Standards, and Policy on Street andDriveway Access to North Carolina Highways17 It will be determined at the time the driveway permit application issubmitted if any road improvements will be required[Public Utilities]18 Stormwater Erosion Control Permits Required19 Stormwater Statement Required20 A reasonable impervious area limit should be used per lot This shouldallow for homeowner additions as well21 Wetlands should be delineated and shown on the plan if any are present aswell as any jurisdictional features22 Potential Buffers located on property not shown on plan-Buffer call willneed to be completed if not done so already or the buffer will need to beshown on the plan Provide buffer call with plan submittal23 Property is located within the ESA and limited to 12 impervious areawithout stonnwater management24 401404 Permits are required ifthere will be any impacts25 If Lot M2 is to be provided public water service, the 30 access easementshould be labeled as 30 Access and Utility Easement The waterservice to serve lot M2 must be installed at the NCDOT rw, and theproperty owner will be responsible for a water service line from the waterservice at the NCDOT rw to lot M2 The water service line will beprivate, should be installed in the proposed utility easement and must bemaintained by the property owner of lot M2Item i11 bold was added by Plm111i11g Board during meeting as condition of approval9Little Creek SubdivisionOwner Austin Jr Vicky StevensDeveloper Cloudbreak Investments, LLCSurveyor Adams Hodge Engineering PCTax ID # l 5l07011Locational Data Little Creek Church Rd SR 1563 southeast of C1ystal Creek Dr inSmithfield TownshipSite Data 1257 acres, 10 lotsMr Marr introduced the subdivision and referenced the above informationMr Letchworth asked about staffs denial with driveway onto Little Creek Church RdMr Marr explained the driveway to the west that is only 200 from enh·ance DOT hasconcerns with this as well, he addedMr Donnie Adams, SurveyorEngineer, stated the minimum lot size is 40,000 sq ft andthere will be two shared driveways on Little Creek Church Rd He added that he believesthis subdivision meets the code The existing driveway to the west that Mr Marrmentioned, he added that he was not aware that DOT had issues with thisMr Marr replied that Sam Lawhorn, District Engineer, sent an email stating that theywould begin enforcing all driveway submittals more heavily and this one did not meettheir requirementsMr Adams discussed that this was submitted after conversations with DOT and MrLawhorn He referenced the Design Manual recommendations and stated they have metthose requirements and have complied he referenced C in the driveway separationsection He added that the Planning Board could also issue a waiver for that portion Hebelieves this is a challenge due to the soils and that is their hardship He concluded byreferencing Jones Homestead from 2018, also on Little Creek Church Rd and how thatsubdivision was approved with shared driveways only 280 apartMs Hackler asked when the initial application was put inMr Adams replied at the end of SeptemberMs Hackler referenced the letter from DOT in late October and the timeliness makerestrict DOT from accepting thisMr Marr added that even if it is approved tonight that DOT may not approve thedriveway permitsMr Letchworth asked how many lots could be done if they did not have to share adrivewayMr Adams stated about 5-6 lots with a cul-de-sac, depending upon soils of course10Mr Nathan Evans, Developer, stated the land is under contract and he does not currentlyown it He described the larger home sites, which far exceeds the requirements Roadfront homes fits in with the character of surrounding homes more so than a cul-de-sacwould He has tried to make it as friendly to the neighbors as possible and put thesehomes as far away as possible and he is also willing to put a buffer inStaff recommendation was for denial, due to direct driveway access onto Little Creek ChurchRd The Planning Board may allow a waiver, he statedMr Letchworth stated that he believes staff needs to consider putting a limit on howmany homes could be accessed from a shared driveway He doesnt believe this was theintent of the OrdinanceUpon a motion by Ms Hackler to approve Little Creek Subdivision due to their hardship,seconded by Ms Byrd and carried by an unanimous vote of 6-0, the Planning Boardapproved Little Creek Subdivision at the November 17, 2020 Planning Board MeetingConditions and Requirements[Planning]1 Complete flood plain information2 Metes bounds3 Certifications4 Entrance sign street signs5 Street name approval6 Cul-de-sac lots must have 40 road frontage7 Complete improvements or provide performance guarantee8 Provide final plat Street Disclosure Statement Certificate for streetmaintenance DM Sec 7, L item 89 Show shared driveway access easement and provide statement for sharedmaintenance on Final Plat10 Driveways shall be separated 500 feet apart11 Fee-in-lieu of open space shall be paid prior to recording12 Provide utility easements along all lot lines in accordance with LDC Sec14-75 d 313 Coordinate with the US Postal Service for the design of and utilization ofcluster box mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health]14 Approval of all lots for onsite sewage disposal or statement for eachunapproved lot11[NCDOT]15 A driveway permit and subdivision design approval must be obtained priorto construction16 All design aspects of the plans shall comply with the current NCDOTStandard Specifications for Roads and Structures, NCDOT SubdivisionRoads Minimum Construction Standards, and Policy on Street andDriveway Access to North Carolina Highways17 It will be determined at the time the driveway permit application issubmitted if any road improvements will be required[Public Utilities]18 Stonnwater Erosion Control Permits Required19 Stormwater Statement Required20 A reasonable impervious area limit should be used per lot This shouldallow for homeowner additions as well21 Wetlands should be delineated and shown on the plan if any are present aswell as any jurisdictional features22 Potential Buffers located on property not shown on plan-Buffer call willneed to be completed if not done so already or the buffer will need to beshown on the plan Provide buffer call with plan submittal23 Property is located within the ESA and limited to 12 impervious areawithout stormwater management[Emergency Services]24 Provide fire access road construction details and fire flow test25 Not all parcels are within 500 radius Provide additional hydrantThere was a 10 minute breakRezoning and Special Use CasesRezoning Case 20-31Rezoning Petition Industrial 1 1-1 to Industrial 2 I-2Tax ID 07F08105BOwner WE BlackmonApplicant Timothy EldridgeLocation 3000 block of Federal Rd in Elevation TownshipMr Marr introduced the case and referenced the information listed above He added thatthe only difference in I-1 and I-2 is a more heavy intent, possibly doubled12Mr Timothy Eldridge, Applicant, 7892 Harper House Rd, stated that they wish to do aportable concrete plantThere was no discussionStaff recommendation is for approvalUpon a motion by Mr Creech to approve Rezoning Case 20-31, seconded by Ms Pace,Rezoning Case 20-31 was approved by a unanimous vote of 6-0 at the November 17,2020 Planning Board MeetingRezonin2 Case 20-32Rezonin2 Petition Agricultural Residential AR to General Business-Special UseDistrict GB-SUDTax ID 11O03062AOwner Glenys Yovany TeruelApplicant Glenys Yovany TeruelLocation 8035 NC HWY 222 in ONeals TownshipSpecial Use Request Auto Repair and Body ShopMr Marr introduced the case and referenced the information listed aboveMr Glenys Teruel, OwnerApplicant, translated by daughter, stated they wished to buildan auto repair shop and they would have approximately 10 cars There will be a newlyconstructed building due to some flooding issues in the past They will plant trees asbuffers, he addedThere was no further discussionStaff recommendation is for approvalUpon a motion by Mr Letchworth to approve Rezoning Case 20-32, seconded by MrCaldwell, and carried by a unanimous vote of 6-0, Rezoning Case 20-32 was approved atthe November 17, 2020 Planning Board MeetingMr Marr read the Special Use ConditionsMs Hackler asked about the maximum number of cars at any one timeMr Teruel replied no more than 15There was discussion on hours of operationMr Teruel is good with all the conditions13Upon a motion by Mr Letchworth to approve the Special Use Conditions for RezoningCase 20-32 with the addition to Condition #9 raising the number to 15, seconded by MrCaldwell, the Special Use Conditions for Rezoning Case 20-32 were approved by aunanimous vote of 6-0 at the November 17, 2020 Planning Board MeetingFindings of Facts and Special Use Conditionsl That the use or development is located, designed, and proposed to beoperated so as to maintain or promote the public health, safety, and generalwelfare;Applicant The development will meet all design standards and will bemaintained in a manner that promotes public health, and safety foremployees and the general safety and welfare of the community2 That the use of development appears to comply with all required use andintensity regulations of Articles II IV of the Johnston County LandDevelopment Code and the applicable specific standards in section 14-257and with all applicable regulations;Applicant The development will comply with all county, state, andfederal regulations3 That the use or development is located, designed, and proposed to be operatedso as to maintain or enhance the value of contiguous property, or that the useor development is a public necessity;Applicant The development will be constructed in a manner that isappealing to the community and enhances the current land use4 That the use or development conforms with general plans for the physicaldevelopment of the Countys Planning jurisdiction, the Design Manual, orother development policies as adopted by the Board of CommissionersApplicant The development will be constructed to meet all buildingcodes embodied in the county land development codeSpecific Land Uses APPLICANT Auto repair and Body shopSpecial Use Conditions1 Permitted Uses Auto Repair and Body Shop2 The Special Use Permit shall expire with the violation of any Special UseCondition3 Applicant shall submit a detailed site plan for review and approval by thePlanning and Zoning Department Staff4 Installation of a Class B landscape buffer along all rezoning lines 1 largetrees, 2 small trees, and 6 shrubs every one hundred 100 linear feetLandscaping shall be placed on the outside of any fences5 All buildings andor development must comply with rules enforced byFederal, State and Local agencies146 Hours of operation shall be Monday through Saturday, 600 am until 900 pm7 Signage must comply with the Countys sign code8 Lighting shall be dark sky and engineered so as not to shine onto adjacentproperties9 Outdoor storage of vehicles awaiting repair or to be picked up by owner islimited to 15Item in bold was added by tze Plam,ing Board d11ri11g tze PB meeti11g Rezoning Case 20-33Rezoning Petition Agricultural Residential AR to General Business-Special UseDistrict GB-SUDTax ID 13D05009COwner Linwood SandersApplicant Linwood SandersLocation 5644 Zacks Mill Rd in Pleasant Grove TownshipSpecial Use Request Commercial Vehicle ParkingMr Marr introduced the case and referenced the information listed above He added thisdid come in as a zoning violationMr Linwood Sanders, Owner Applicant, stated he had been in business 20 years and hisbusiness has grown He has rollbacks, tow trucks They transport cars for insurancecompanies and dealers He explained that the workers take the h11cks home with them attimes He owns 9 trucks total but normally there is no more than 5 on site at the timeMr Letchworth asked where the trucks were parkedMr Sanders stated in the front, between the house and the road He added there is apotato house just up the road and big trucks come and go there all the time There is alsoa landscape business close by that stores trucks on siteMs Byrd asked about traffic and backing the trucks inMr Sanders added that he pulls them in, they are not backed in and do not block trafficMr Creech asked how long he had been on siteMr Sanders stated 14 years at his residence there but been in business 20 years He hashad no complaints until this yearStaff recommendation is for denial due to inconsistency with the Land Use Plan Headded he could have one commercial vehicle as it is zoned currently with a 200 setback15Ms Hackler asked about the other businesses in the area and how close they areMr Marr stated those businesses are not rezoned, they may be parking illegally but staffhas had no complaints on any other sitesMs Pace asked if he had any new neighbors that could have complainedMr Sanders replied no, they have all lived there for yearsUpon a motion by Mr Letchworth to approve Rezoning Case 20-33, seconded by MsHackler, with Ms Byrd in opposition, Rezoning Case 20-33 was approved by a vote of5-1 at the November 17, 2020 Planning Board MeetingMr Marr read the Special Use ConditionsMr Sanders is fine with the conditions other than the amount of trucks he could have inthe yard He does not work on the weekends, he addedMs Slusser referenced the rezoning special use is for commercial vehicle parking onlyMs Byrd stated she was concerned about the loud trucks at 6am in the morning for theneighborsMr Sanders stated the trucks are not loud, no more than a diesel truckMr Letchworth and Ms Hackler stated they believe he is trying to do the right thing, hehas been in business for a long time and someone just happened to report himMs Byrd stated that Mr Sanders mentioned that his business has grownMr Creech added that there were 10 notifications sent out and no one showed up at themeeting in opposition That says a lot to himUpon a motion by Mr Letchworth to approve the Special Use Conditions for RezoningCase 20-33 with the addition to Condition #7 to 5, seconded by Ms Pace, with Ms Byrdin opposition, the Special Use Conditions for Rezoning Case 20-33 were approved by avote of 5-1 at the November 17, 2020 Planning Board MeetingFindin2s of Facts and Special Use Conditions1 That the use or developn1ent is located, designed, and proposed to be operatedso as to maintain or promote the public health, safety, and general welfare;Applicant It for parking my trucks which are commercial2 That the use of development appears to comply with all required use andintensity regulations of Articles II IV of the Johnston County Land16Development Code and the applicable specific standards in section 14-257and with all applicable regulations;Applicant Because there are no junk cars stored at my residence3 That the use or development is located, designed, and proposed to be operatedso as to maintain or enhance the value of contiguous property, or that the useor development is a public necessity;Applicant Im only using 50 ft of my gravel lot4 That the use or development conforms with general plans for the physicaldevelopment of the Countys Planning jurisdiction, the Design Manual, orother development policies as adopted by the Board of CommissionersApplicant Dont really understand what you are asldngSpecific Land Uses APPLICANT Commercial vehicle parkingSpecial Use Conditions1 Permitted Uses Parking for commercial vehicles2 The Special Use Permit shall expire with the violation of any Special UseCondition3 Applicant shall submit a detailed site plan for review and approval by thePlanning and Zoning Department Staff4 Installation of a Class B landscape buffer along all rezoning lines 1 largetrees, 2 small trees, and 6 shrubs every one hundred l 00 linear feetLandscaping shall be placed on the outside of any fences5 All buildings andor development must comply with rules enforced byFederal, State and Local agencies6 Hours of operation shall be Monday through Sunday, 24 hours7 No more than 3- 5 commercial vehicles parked on site8 No advertising signage allowed9 Lighting shall be dark sky and engineered so as not to shine onto adjacentpropertiesItem ill bold was clumgetl by the Pla1111i11g Board tluriug the PB meetiug RezoningSpecial Use Case 20-34Rezoning Agricultural Residential AR to Industrial 2-Special Use District I2-SUDTax ID 04Ml4046F, 04Pl3035, 04Pl3037, 04P13035AOwner D P Land LLCApplicant Mideast Materials LLCLocation At dead end ofBuckleberry Rd in Boon Hill TownshipSpecial Use Request Sand Pit17Mr Marr introduced the case and referenced the information listed aboveMr Andrew Phillips, Applicant with Mideast Materials, stated he would be happy toanswer any questions He added they have been in operation for over 20 yearsThere was no discussionStaff recommendation is for approvalUpon a motion by Mr Caldwell to approve Rezoning Case 20-34, seconded by MsByrd, Rezoning Case 20-34 was approved by a unanimous vote of 6-0 at the November17, 2020 Planning Board MeetingMr Marr read the Special Use ConditionsThe conditions are agreed upon by the ApplicantUpon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case20-34, seconded by Ms Pace, the Special Use Conditions for Rezoning Case 20-34 wereapproved by a unanimous vote of 6-0 at the November 17, 2020 Planning Board MeetingFindin2 of Facts for the Special Use Permit1 That the use or development is located, designed, and proposed to be operatedso as to maintain or promote the public health, safety, and general welfare;Applicant This is a typical sand mine that will be used as a Fann Pondupon completion It is located in a very remote area, near other similarsand mines2 That the use of the development appears to comply with all required use andintensity regulations of Articles II IV of the Johnston County LandDevelopment Code and the applicable specific standards in section 14-257and with all applicable regulations;Applicant This sand mine operation will obtain all required permitsfrom NCDEQ, and will be regulated accordingly3 That the use or development is located, designed, and proposed to be operatedso as to maintain or enhance the value of contiguous property, or that the useor development is a public necessity;Applicant This sand mine will be reclaimed as a farm pond uponcompletion of mining, thus preserving the Agricultural use of theproperty It will have no impact on any contiguous property4 That the use or development conforms with general plans for the physicaldevelopment of the Countys Planning jurisdiction, the Design Manual, orother development policies as adopted by the Board of CommissionersApplicant This is a simple and temporary sand mine It will be used as a18Fann pond upon completion, thus conforming with the current use of thepropertySpecific Land Uses APPLICANT To allow for sand mining operationSpecial Use Conditions1 Permitted Uses Sand Mine Operation2 The Special Use Permit shall expire with the violation of any Special UseCondition3 Submission of a detailed site plan for review and approval by Planning andZoning Department Staff4 Operation hours for excavation and transporting materials Monday - Saturdaydawn to dusk5 No signage6 Obtain all required State permits and adhere to all State regulations7 Existing vegetation shall remain within the buffer area8 Setbacks 50 from zoningproperty line as long as written consent is providedfrom the adjacent property owners If that consent cannot be agreed upon, then the250 buffer remains in effect reduction of condition #9 Item# 5 f and g9 The following shall apply Land Development Code Section 14-257 d1 A site plan, andor information prepared by a state registered land surveyor,engineer, architect or landscape architect, shall contain the followinga Extent of area to be excavated or mined;b Aerial photograph of site and all areas within 1,000 feet of the perimeter ofthe property;c Neighboring land use, road system, natural features and topographicalminimum ten-foot contour intervals details;d A site cross-section showing extent of overburden, extent of sand andgravel deposits, and water table;e Location of proposed handling and storage areas for overburden, byproductand excavated materials;f Location and results of groundwater boring showing depth to groundwater;g Any areas proposed for ponds or water collection and storage;h Wind pattern details and on-site windbreaks;1 Soil conditions, soil descriptions and statement addressing agriculturalproductivity and reclamation;J Traffic impact analysis addressing the capacity of the roads to serve thesite;le Access roads to the site, as well as on-site roads, with indication of surfacetreatment to limit dust; andl Required setback areas, including buildings, landscape screeningbufferingexisting andor proposed If plant materials are to be installed, the number,location, size and type of plants are to be identified2 An operations plan which shall includea The date proposed to commence operations and their expected durationb Proposed hours and days of operation19c Estimated type and volume of extractiond Description of method of operation, including the disposition of topsoil,overburden and byproductse Methods to control and respond to spillage of extracted materials,overburden or byproducts and vehicular mud on off-site roadsf Description of equipment to be used in the extraction processg Methods to prevent pollution of surface water and groundwaterh Operational test wells including schedule of results, analysis and responsei Compliance with provisions of the state mining programj Depth of extractive operationsk Any phasing of the operation and the relationship among the vanousphasesl Operating practices that will be followed to comply with the performancestandards applicable to such operation3 A rehabilitation plan which shall includea A statement of planned rehabilitation of the excavated land, includingdetailed methods of accomplishment and planned future use of therehabilitated land;b A plan of the site showing the final topography, after rehabilitation, to thesame scale as the site plan, depicting any water areas and methods ofpreventing stagnation and pollution thereof, landscaping and ground coverproposed;c Typical cross-sections showing planned rehabilitation;d A phasing and timing plan, related to the phasing and timing portion of theoperations plan, showing the progression of the rehabilitation and the datewhen it will be complete;e The method of disposing of all equipment, structures, dikes and spoil pilesassociated with the operations; andf A copy of the rehabilitationreclamation plan as required by the statemining act where applicable 4 Standards of evaluation The following standards shall be used in evaluatingan applicationa That the applicant demonstrates that the extractive use operation fulfillsprimarily a local need as opposed to a regional need in terms of supplyingsand andor gravel for building and construction purposesb That all operations associated with extraction shall conform to thefollowing performance standards1 Direct illumination resulting from the operation shall not fall upon anyland not covered by the application2 Equivalent sound levels at the boundaries of the extraction site shall notexceed the following standardsi Between 700 am and 700 pm, 68dBAii Between 700 pm and 700 am, 58dBAc That vibration levels at the boundaries of the extraction site shall notexceed a maximum peak particle velocity - steady state 10 inchessecond;and impact of 20 inchessecond Note The maximum particle velocityshall be the product of two times the frequency in cycles per second timesthe sum of three mutually perpendicular displacement components20recorded simultaneously For purposes of this article, steady state vibrationsare vibrations which are continuous, or vibrations in discrete impulses morefrequent than 60 per minutes Discrete impulses which do not exceed 60per minute shall be considered impact vibrations Maximum air blastvibration, measured at the lot lines of the zoning lot containing theextractive use, shall be 125 decibels on the linear scale5 The following standards shall applya The permanent roads, defined as those to be used in excess of one yearwithin the excavation site, shall be surfaced with a dust free material suchas soil cement, bituminous concrete or Portland cement concrete from thenearest public road to the yard area Also, all permanent roads locatedwithin 300 feet of residentially zoned land shall be treated the sameb Roads other than permanent roads shall be treated with dust inhibitors, tobe specified in the operations plan, which will reduce to a minimum thegeneration of dust from the road surfaces as a result of wind or vehicularaction Properly operated water wagons shall be an acceptable method ofdust inhibitionc Where the proposed extraction shall take place within 300 feet of adwelling, school, church, hospital, commercial or industrial building,public building, or public land, a security fence at least six feet in heightshall be installedd Spoil piles and other accumulations of byproducts shall not be created to aheight more than 40 feet above the original contour and shall be so gradedthat the vertical slope shall not exceed the materials natural angle ofresponsee The operations plan and the rehabilitation plan shall be coordinated so thatthe amount of disturbed land is kept to the absolute minimum consonantwith good practices and so that rehabilitation proceeds in concert withfillingf No land disturbance shall take place within 250 feet of the zoning lot lineor the property line where the zoning line and the property line are one andthe sameg Within the 250-foot setback area, existing vegetation shall be retained forthe purpose of providing a visual screen and noise buffer No disturbance orremoval of vegetation shall be permitted except for access roads leadingfrom the excavation area to public roads Where vegetation within the250-foot setback does not exist, the applicant shall be required to provide adense, evergreen buffer consistent with the purpose cited above The buffershall be in place prior to the initiation of any excavation activitiesh The applicant shall submit operational reports, prepared on an annual basis,detailing the amounts of materials extracted, extent of extractive area,depth of extractive area, and results of groundwater test boring1 Annual inspections of the operation shall be conducted by the zoningofficer following submittal of the annual operations reports to determinecompliance with the provisions of the special use permitJ In cases of abandonment or termination of operations for a period of 12consecutive months, application for a new special use permit is required21k For all extractive uses, a performance guarantee shall be submitted to thecounty in order to ensure that the provisions of the rehabilitation plan aremet Such performance guarantee shall be in a form approved by the countyattorney The amount of such guarantee shall cover the cost ofrehabilitation on a per acre basis, if the cost does not exceed the amountposted with the state If the rehabilitation cost exceeds the amount requiredby the state, then the difference shall be made up in a bond to the countyThere were no discussion itemsThe meeting ended at 9 l O pmRespectfully submitted byStephanie Richter, Secretary for the Board22Byrdtown Road-Clifton n·actOwner Andy Kimberly JohnsonDeveloper Steel Bridge Crossing, LLCSurveyor Red Line Engineering, PCTax ID # 07E07067Address 469 Byrdtown RdLatitudeLongitude 3543375, -7854039LQcational Data 469 Byrdtown Rd off of NC Hwy 50 N in Elevation Township The proposedsubdivision is served by the Elevation Fire District and the Benson Rescue SquadSite Data 1906 acres, 15 lots, maximum allowable density 28, water service shall be provided byJohnston County public water and lots will be served by individual septic tanks, open space providedfee-in-lieu, open space required 12,000, traffic count not available, property owners notified 10Additional Informationo Sczoo District The Student Generation Ratio SGR is 045 Therefore, ByrdtownRd-Clifton Tract Subdivision will generate approximately 7 K-12 students splitamongst the three schools belowo The following is based on the Out-of-Capacity Table provided by OREDDistrict Capacity E11rolmentBenson ES 586 663Benson MS 625 535South Johnston HS 1275 1324• CTP This portion of Byrdtown Rd does not appear on the Comprehensive Transportation Planas needing improvement• NCDOT lzas co11cems witlz siglzt distances from entrances Siglzt distance will be verified oncedriveway permit is receivedStaff Recommendation Prelimina,y approval subject to the following conditions and requirementsConditions and RequirementsfPlanning]1 Complete flood plain information2 Metes bounds3 Certifications4 Entrance sign street signs5 Street name approval6 All lots shall access internal streets7 Cul-de-sac lots must have 40 road frontage8 Complete improvements or provide performance guarantee9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec7, L item 810 Fee-in-lieu of open space shall be paid prior to recording11 Provide utility easements along all lot lines in accordance with LDC Sec 14-75 d 312 Coordinate with the US Postal Service for the design of and utilization of cluster boxmail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health13 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 toconstruction15 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways16 It will be determined at the time the driveway permit application is submitted if any roadimprovements will be required[Public Utilities]17 Stonnwater Erosion Control Permits Required18 Stormwater Statement Required19 A reasonable impervious area limit should be used per lot This should allow forhomeowner additions as well20 Wetlands should be delineated and shown on the plan if any are present as well as anyjurisdictional features21 Potential Buffers located on property not shown on plan-Buffer call will need to becompleted if not done so already or the buffer will need to be shown on the plan Providebuffer call with plan submittal22 Property is limited to 15 impervious area without stormwater management[Emergency Services]23 Provide Fire Flow Report Utility Plans Fire Hydrantsr --- ~--?~ DISCLAIMER Johnston County assumes no legal responsibility for the information represented hereScale 1 6534 1 in 54451 feetThe scale is only accurate when printed landscape on a 8 1 2 x 11 size sheet with no page scalingJohnston County GISOctober 13, 2020~Jtr ,_,, °ION P INVNtUltCOCTI~~ TOTAINIJMOCIIOHOT7 CUAHCHTOt;tNOlltUUINC,~e DDaTY~ ~~~~r10~;110AMA~~°PC11~0111 lCC fl000~80UN0A,MY1 WATClUll1CO OlAINAOCAACAO,JnON • llfRDTOWN IIOiO TIVCT•DfllOTCMNIIOIIOOCNoN ~4CAIWllN,l,7,o,flltOHf ,FT~·r1 ~UNl1llAQIIC• 1l0tACIIIC•alHTlWXt1~UNT1ltll-clICCjwOn-IIT£ 1-0IIC~,tW•l ~rc;~,~~~~~OHCY,ORKC ~ TOI~,cit WNV1°1MOfUV ;[N~V UlAW PIOJC IIIIGi-rTO#WAVrD I I 11 ,y ,a,,70 ;n[TMIANOCC ,-BYRDTOhoN ROADCONNECTION OET AIL,o~ ~T~M•°-~,_cl,,r-_,,--,ijDRIVEWAY TURNOUT GRADESTYPICAL DETAIL,,,;~ ~q~· 1~--~-ff,f tit-# I °I ,,_, ~·~~l 1rSl~A lUPOIPAVC~TMIXr -c°COMPACTCOCltAOCI ;,, _,·~DPROPOSEDROAD SECTION DETAILTYPICAL DETAIL~ iltOD_NC,V, ,A,J,lt~J C ltlCA DYii i - -;CAI£; 1•100100 0 100 5-- 1,CAl[ 0, Ml,1,AJ,,V V,_VOUCTOJ,lTMOOlO,~OIJCTION-----~~---- - --~ I - _ _,__I -- --_ I - --~--- -- ~ _-,_ in•~~~ , 1 - - ,,,,I@ I - - I ~ I i ® ~ 0 i~I- ,,,;_, ,° --- , _, ~------ ··-______~ ____ _,,f ;,--, -~ ~~ 0 I K II , , I 0 -- , e -- -- I 11-- • l -~~ --- __ ,,,,,;, fl II ,-,_--,;_,,, , -I •~•II ® _-, I S , ~ ~ ,;,,,;- fi I A ~ I ~ __- __,- , ,~~I I ~-;;;----f --JS ,,, ?- - 1 -,_ 9 I , -- ,------- x ·J ; I -_ I TOlfO,~-OM tINTERIOR INTERSECTION DETAILI • ·-- I G ; © , - I I I G _ l -----~ -1~ ,---1r ~~t ~ -- lJ r, ~,Sov;-~i;;• -; - -~ 0 ,- 0 ;,;,,,,-~_-, ,rY w--- • o 1PA¥1J~ 0UJ 1 _ __ 1Q_ ~~,i0,° I iMAY1tAlt~ • ~ 71l~;fCTION A,ASYMMETRICAL CUL-DE-SACTYPICAL DETAIL® Know wt1ar below,Call tifor you dig~I g 2~,} o ~a ~~UJ i EC -~ ~ ~ trl Ct;;ti cfz0t;uC;;lz ~ c£____ __ , __i----- ,_ _ _, , ___ ,_ ,~- - ?-- -• ,,_--- ·-li j l EDOMFIRH,PC~nkM,,-C1etL011A~rvtllsMiONNOkfflCAICOCINA •--~~-~_ , •~~,~~~pF ,• io~,FINAL DRAWINGFOR REVIEW ONLYlttOICCTfiO~n 11ooonv111AJro,CN1ClSTAFF REPORTREZONING CASE 20-35Rezoning Petition Petition to rezone a 139 acre tract located at 8710 NC Hwy 96 South in Meadow Townshipfrom Agricultural Residential AR to General Business GBTax ID 09H 140731Owner Randy ParkerApplicant Wilbur Stuart AllenUtilities Services• Meadow Fire District and Benson Rescue SquadExisting and Surrounding Land UsesZoning• Existing Land Use Zoned AR and is an empty lot• Surrounding Land Uses Zoned AR and used for residential and agricultural purposes, elementaryschool, and athletic fields Zoned GB and used for service station and other businessesTraffic Concerns• Traffic count for this portion of NC 96 Hwy is 1,800 vpd 2019• NC Hwy 96 appears on the CTP as an existing major thoroughfare with adequate design capacityLand Use Plan• This area is located within a designated Secondary Growth Area on the Countys Comprehensive Land UsePlan This denotes an area in which low to moderate levels of growth pressures are anticipated over the next20 years This is also in a Commercial Activity Node-Neighborhood Center on the plan·················································································································································································Staff Comments and Recommendation• Number of notices sent 6STAFF RECOMMENDATION APPROVAL based on the following consistency statement StatementThis request is consistent with the Comprehensive Land Use Plan in that it aligns with Goal I Grow in afiscally efficient, compact manner found in the Comprehensive Land Use Plan This is because the site islocated within a commercial activity node-neighborhood center The request is reasonable in that a GeneralBusiness is compatible with surrounding land uses and zoning, which include several businesses DISCLAIMER Johnston County assumes no legal responsibility for the information represented here,, • Scale 1 13068 1 in 108901 feetThe scale is only accurate when printed landscape on a 8 12 x 11 size sheet with no page scaling~IARJohnston County GISNovember 19, 20200c~0an~I0N20-35REZONING PETITION SPECIAL USE APPLICATIONName of ApplicantPetitionerMailing Address of Applicant I S NLJohnston County Pltnning Zoning309 E Jvfarket Street, Smithfield, NC 27577Phone 919 989-5150 Fax 919 989-5426www·ohnstonnccom lanningTelephone 0 q - LQLo9 -7110 ______ __ Fax _____ ________ _10¾¥UIMWM6rfOwners Names AJl~vj ·fO-Y~{r MailingAdlressofOwner _Jlil Ne ,ivJ-J z;o Sak0lb ~l°SQn IJL 2 l5ol • ITelephone q i · SJ· l{3} ·1 _____ ___ Email _ __________ __ _SiteAddress ii] lo Ne H½--- 9lo SoA,th n~of, NL-- ,2-7SDYTax ID Number CT~ -- D ] , SUJJMITli l, lhQllllHM HNl;1, Completed Application6-_Zoning Fee__Less then 3 Aercs;_j,37500}301 -600 Acres 62500}601+ Acres 125000 + 1875 AcreL Special Use Permit Fee 100 only paid if requesting a Special Use DistrictM_,_For Special Use District 2 - FOLDED 18x24 1Q - FOLDED 11 - 17 corics of thc__,iirclim ·niiry pla§,___Certified TIA required for developments with 100 peak hom trips or 1000 or more daily ttips Applicants TIAmust either be performed by the County consultant, or reviewed by the Countys consultant TIA fees andorreview fees must be paid by the applicant Developments requiring a TIA cannot be placed on an agenda until a TIAis conductedreviewed by the consultantCHlTIFU,, 1 TION OF 1I PPUD IN TAND Oll PROPE llT OIFNER •I certify on this date 0 -I If- Jcrc, that all the information presented in this petition application is accurate to tJ1ebest of my knowledge, information and belief Further, I understand that should this petitionapplication be approved bythe Johnston County Board of Commissioners, no site activity can take place until a site plan andor any other landdevelopment permits are issued Additionally, I allow county staff access to the petition property while conducting reviewof this petitionDATElo - f,f-10 JoA£fLlQ_ANTS S~NATI_;E ; ~--~;;;;;;;;--------- DATE _ o --1 I{ ~ l o JrStltff Use Only, FEESUBMITTAL DATE,-· f-4~¥J2~~~RECEIVED BY ,Please coar for your records 2020STAFF REPORTREZONING AND SPECIAL USE CASE 20-36Rezoning Petition Petition to rezone 593 acres located at 8098 Harper House Rd in Meadow Townshipfrom Agricultural Residential AR to Industrial 2-Special Use District 12-SUDTax ID 09Jl 7036 09J 17035AOwne1· Carolyn Williams Joyce Burchette; ELA, LLCApplicant Williams Solar, LLCSpecial Use Request Solar facilityUtilities Services• Newton Grove Fire District and Benson Rescue SquadExisting and Surrounding Land UsesZoning• Existing Land Use Zoned AR and used for agricultural purposes• Surrounding Land Uses Zoned AR and used for agricultural and residential purposes Zoned GB-SUDand used for Contractors office, storage, and equipment repairTraffic Concerns• Traffic count for this p01tion of Harper House Rd is 550 vpd 2019• Harper House Rd appears on the CTP as a minor thoroughfare with adequate design capacity·········································································································································································Land Use Plan• This area is located within a designated AgriculturalRural Conservations Area on theCountys Comprehensive Land Use Plan This denotes areas in which low levels of growthpressures are anticipated over the next 20 years These areas should be considered for Ruralconservation and Agricultural preservation programs Additional Information• Staff has no concern with neighboring impact in that the site will not generate traffic, noise, smell, runoff,or emissions, except possibly during construction One of the few impacts may be aesthetic• This site shall be operated in accordance to the Special Use Conditions• Number of notices sent 12STAFF RECOMMENDATION APPROVAL based on the following consistency statement, findingsof facts, and special use conditions·················································································································································································Consistency StatementThis request is consistent with the Comprehensive Land Use Plan in that Objective 2C promotes the reductionof incompatible uses through the use of vegetative screening which is required for this request and there arelimited impacts of the solar farm with regards to traffic, noise, smell, runoff, or emissions The request isreasonable and in the public interest in that the conditions, including evergreen buffering and heightrestrictions, will ensure that the request is compatible with the surrounding area and will not negatively impactthe publicFinding of Facts for the Special Use Permit1 That the use or development is located, designed, and proposed to be operated so as to mainta in or promotethe public health, safety, and general welfare;Applicant See attached Statement of Justification for responses to this section2 That the use of the development appears to comply with all required use and intensity regulations ofArticles II IV of the Johnston County Land Development Code and the applicable specific standardsin section 14-257 and with all applicable regulations;Applicant See attached Statement of Justification fol lesponses to this section3 That the use or development is located, designed, and proposed to be operated so as to maintain or enhancethe value of contiguous prope1ty, or that the use or development is a public necessity;Applicant See attached Statement of Justification fol lesponses to this section4 That the use or development conforms with general plans for the physical development of the CountysPlanning jmisdiction, the Design Manual, or other development policies as adopted by the Board ofCommissionersApplicant See attached Statement of Justification fol lesponses to this sectionSpecific Land Uses APPLICANT Solar as a Utility FacilitySpecial Use ConditionsI Permitted Uses To allow for a solar utility facility2 The Special Use Permit shall expire with the violation of any Special Use Condition3 Applicant shall submit a detailed site plan for review and approval by the Planning and ZoningDepartment Staff4 All buildings andor structures must comply with rules enforced by Federal, State and Localagencies5 Site will be developed in accordance with Land Development Code Section 14-1236 Hours of operation to be 24 hours a day, seven days per week for any repairs that may be neededConstruction hours shall be daylight hours only7 All signage must comply with the sign code; one ground sign no more than 36 sf and 6 tall8 Site shall be enclosed by a six foot fence topped with barbwire9 Site will be enclosed by a landscape buffer consisting of ten large evergreen trees and tenevergreen shrubs every I 00 linear feet Existing vegetation may be used if equal or more intense• Evergreen trees shall be at least four feet high at planting Adjacent to all residentialdwellings, trees shall be planted at a minimum of six feet tall at grade or a minimum offour feet tall on top of a minimum two foot tall berm• Additional landscaping may be required depending on the intensity of adjacentresidential usesI 0 Site will be decommissioned within 180 days of a determination by the Zoning Administrator thatthe facility is no longer being operated, maintained, or used in an operable state of repair DISCLAIMER Johnston County assumes no legal responsibility for the information represented here ~0t1r··-~ ~ I n ~ ~ 141 ;7 Htb ~ ~ • Scale 1 26136 1 in 217803 feetThe scale is only accurate when printed landscape on a 8 12 x 11 size sheet with no page scalingSampsonJohnston County GISNovember 20, 20200 ct00~I0N-t0NCC--t M0I -t0N-~ N020-36DocuSlgn Envelope ID 70DE7E62-BE3C--489F-132D6-C04E9A4B4Ci8REZONING PETITION SPECIAL USE APPLICATIONJohnston Count· Plnnning Zoning~09 E ~luket Street, Smithfield, NC 27f77Phone 919 989-5150 Fnx 919 9119-5426wwwohnslonnccom ,lnnnin Name of ApplicnntPetitioner _W_illla_m_s_S_o_lar,_L_l _C _______________________ _Mailing Address of Applicmt 1447 S Tryon Street, Suite 201, Charlotte, NC 28203Telephone 704 493-2256 _________ Fax _n__a ____ _________Email development@greengoenergycom~ PROPWllY INFORMA 10N Owners Names Parcel A Carolyn Willalsm Joyce Burchelle; Parcel B ELA, LLC under contractMailing Address of Owner Parcel A 0105 Harper Houso Rd, Nowton Grovo, NC; Porcol ll 7902 Harper Houso Rd, Newlon Govo, NCTelephone Parcel A 919 796-3308 Parcel B 019 669-0624 Email Parcel A rotiml21iY@aolcoo, I Pnrtcl U tim@cdrkl{ocooc,otocomSite Address 8098 Harper House Road, Newlon Grove, NCfox JD Number Parcel A 158500-88-8363, Parcel B 158500-88-4300Stnte Road # 1008 --- ----- -----------------------------Township _M_eadow ___ _ _________ Deed Book 02476, 05101 Page 0105, 0095L -t ZONING INFORMA1ION · Current Zoning Districts _A_R _______ Requested Zoning District lndustrlal-2 with SUPAcres Being Rezoned 593 Total Acres in Parcel Parcel A 2933 acres; Parcel B 2996 acres SJBCIAL USE INFOHMATION [If requesting II Special Use District plcnsc fill ~111 this s1iction and Pngc 2 - - ~ - - rliList Reciuestcd Uses Solar as a Utility Facilityr ~SUBMITAL REQUlllEMBNlS · -I, Completed Applilationi _zoning 1£e _Less then 3 Acres~ 37500301 -600 Acres 62500601+ Acres 125000 + 1875 Acrel,_ Special Use Permit Fee 100 only paid if re1uesting a Special Use District11,_For Special Use District i JlOWED ~ HI FOLDED 11 I , o ,i,·~• o f rht· ,1 ,·li111 i 11a 1~ la l2,_ Certified TIA required for developments with 100 peak hour trips or 1000 or more daily trips Applicants TIAmust citJ1cr be performed hy the County consultant, or reviewed by the Countys consultnnt TIA fees and orreview fees must be paid by the applicant Developments requiring a TIA cannot he placed on nn 11gencla until a TIAis conclucteclrcviewcd by the consultantI ecru f } on tI u·s I Ia te _ov_em_ Je_r __ t rnt a 11 t I1 e ·11 1 fio nnauo n prcsentecI II I t Ius peu uo n npp1 t· cntto n ts accumte to tI 1 ebest of my knowledge, information nncl belief Further, I understand that should this petitionapplication he approved bythe Johnston Count• Board of Commissioners, no site activity can take place until a site plan andor any other landdevelopment permits nrc issued Additionally, I allow county staff 11cccss to the pelition propcny while conducting reviewof this petitionStnD Use 011yDATEOctober 29, 2020October 30, 2020DATENovember 1, 2020FEE ____ ___________ _SUllMlTIJL DATE ---------RECnIVEDBYDocuSign Envelope ID 70DE7E62-BE3C-489F-B2D6-C01E9MB4C50REZONING PETITION SPECIAL USE APPLICATIONJ