January 18, 2023 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Wednesday , January 18 , 2023 6 00 pm The Johnston County Planning Board met in regular session on Wednesday , January 18 , 2023 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Denise Byrd , Michelle Davis , Nicole Hackler , Brooke Holmes , Debbie Howard , Will Letchworth , Timothy Little , Matthew Moore Absent Freddie Hudson , BOE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney ; April Stephens , BOCC Representative Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led by Ms Byrd All speakers were sworn in Approval of the Minutes Upon a motion by Mr Moore to approve the December 20th Planning Board Minutes , seconded by Ms Holmes , and carried by a unanimous vote of 7 - 0 , the December 20 , 2022 Planning Board Minutes were approved as presented Subdivisions Fish Hawk Ranch Phase 3 Owner Cheyenne Developers , LLC Developer Jimmy Johnson Surveyor Michael Stewart Acreage Lots 2334 acres , 9 lots Tax ID # 13A01037WC Address Old Stage Rd Pete Fish Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that most of the proposed subdivision is within Wake County Mr Michael Stewart , 319 Chapanoke Rd Suite 106 , Raleigh , NC , Stewart - Proctor Engineering and Surveying , stated the particulars of the subdivision and was present to answer any questions the Board may have Ms Hackler asked Mr Stewart if lots 81 - 89 were the portion to be considered by the Board to which Mr Stewart confirmed Chairman Letchworth asked Mr Stewart if the portion of the subdivision in Wake County had been approved by Wake County to which Mr Stewart confirmed 1PageMs Howard arrived at 6 05 pm There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Staff Recommendation Approval Upon a motion by Ms Holmes to approve Fish Hawk Ranch Phase 3 , seconded by Mr Moore , Fish Hawk Ranch Phase 3 was approved by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Show to whom open space is dedicated 12 Provide 20 ’ fee simple access to open space 13 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 14 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 15 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 16 A driveway permit and subdivision design approval must be obtained prior to construction 2Page17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 NCDOT access occurs in Wake County so driveway will be handled by Division 5 [ Public Utilities ] 19 Stormwater & Erosion Control Permits Required 20 Stormwater Statement Required 21 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 22 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 23 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 24 Provide “ No Parking ” signage along access road at fire hydrant locations 25 Provide topographic information 26 Provide a fire flow test 27 Provide fire hydrant distribution system information Herring Rd Tracts January 2023 Owner Rick Brady Developer Rick Brady Surveyor True Line Surveying Acreage Lots 15605 acres , 12 lots Tax ID # 04010013C & 04010012X Address 200 Block of Herring Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that this subdivision was denied at the October 2022 meeting and provided the previously denied preliminary plat for reference Mr Marr spoke about the direct driveway access on Herring Rd Mr Marr also shared information from the Johnston County Land Design Manual regarding developments creating 4 or more lots Mr Curk Lane , 205 West Main St , Clayton , NC , True Line Surveying , stated the particulars of the development and was present to answer any questions the Board may have Mr Lane discussed the redesign of the driveway connections Ms Hackler asked Mr Lane about the change in proposed driveways from four driveways to three driveways to which Mr Lane confirmed Ms Hackler asked Mr Lane to explain the hardship 3PageMr Lane responded that there is not enough depth to the land to generate a street with a cul - de - sac that meets NCDOT requirements and to have the number of lots needed for NCDOT to take over the street Ms Hackler asked about lot 4 , if the cemetery would remain as is or if something will be put on lot 4 Mr Lane stated that the cemetery would remain as is and that the lot would be dedicated to the family Mr Lane also stated that conversations are ongoing surrounding who will take over the cemetery and if a new entity would need to be formed There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to direct driveway access on to Herring Rd and lots not being internally served Mr Marr added that in the TRC notes , NCDOT stated that the proposed driveways were acceptable with regards to spacing Mr Little asked staff to clarify the reason for the recommendation of denial Mr Marr responded that the denial is due to not having a right - of - way that meets NCDOT standards , lots not being internally served , and not meeting Johnston County requirements of at least 500 feet between driveways Mr Little spoke about the challenge presented of what else could be done with regards to design to meet standards and requirements other than less lots Ms Davis expressed concern for lots 1 - 4 and 10 - 12 with regards to the shared driveways across from one another and the amount of possible traffic at the same time Chairman Letchworth stated even with fewer lots there would still be the same number of driveways Ms Hackler asked staff if they had a letter from NCDOT stating that the proposed plan was acceptable to which Mr Marr confirmed that he had the information in an email from NCDOT and Mr Marr read the email to staff Chairman Letchworth asked staff to propose some guidance for a maximum number of lots to be served by the shared driveway configuration Mr Marr stated that the request for guidance could be discussed and considered in future rewritings of the County Ordinance Ms Hackler commented on the revised design with one driveway removed , the letter from NCDOT stating the driveways as proposed are acceptable , and the demonstrated hardship Staff Recommendation Denial 4PagePage pageNumber5Upon a motion by Ms Hackler to approve Herring Rd Tracts January 2023 , seconded by Mr Little , Herring Rd Tracts January 2023 was approved by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Complete improvements or provide performance guarantee 6 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 7 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 8 Fee - in - lieu of open space shall be paid prior to recording 9 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 10 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 ] 11 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 12 A driveway permit and subdivision design approval must be obtained prior to construction 13 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 14 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 15 Shared driveways required [ Public Utilities ] 16 Stormwater & Erosion Control Permits Required 17 Stormwater Statement Required 5PagePage pageNumber618 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer should be shown on the feature crossing the NW corner of the property or a buffer call should be requested if it is believed the feature should not be subject to the buffer rules 19 Property is limited to 15 impervious area without stormwater management 20 The developer will be required to install proposed water services at the NCDOT r w and a new fire hydrant s on the Countys existing water main This work must be completed by a licensed utility contractor , and plans must be approved by Public Utilities for the proposed installations [ Emergency Services ] 21 Add hydrant at shared driveway between lots 2 3 and 7 8 Neuse Ridge Owner Andrew James Stevens Developer Clay Pigeon LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 1804 acres , 25 lots Tax ID # 17K06023N Address 300 Block of Cascade Knoll Dr Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that the parcel is within a Municipal Transition District Mr Marr stated that this parcel was previously in a Voluntary Agricultural District but has been removed Mr Donnie Adams , 314 E Main St , Clayton , NC , Adams & Hodge Engineering , PC , stated the particulars of the development and was present to answer any questions the Board may have Mr Adams stated that the proposed subdivision would tie into the streets of an existing subdivision Mr Adams stated that there is an active and existing County gravity sewer line that runs through the subject property , as well as a public utility easement Mr Adams stated that they have communicated with Johnston County Public Utilities and received confirmation that there is adequate capacity to serve the proposed density Mr Adams stated that the project is designed to meet UDO standards Mr Adams also stated that the CBU is located at the back of lot 7 in the cul - de - sac Ms Hackler asked about the planned wastewater improvements Mr Adams stated that he did not have information from Johnston County Public Utilities about what the planned improvements are nor a timeframe , only that he received confirmation that there was adequate wastewater capacity to serve the proposed subdivision Chairman Letchworth asked for confirmation that an approval of the proposed subdivision by the Planning Board is not an approval for sewer capacity to which Mr Adams confirmed 6PagePage pageNumber7Mr Stephen Mozingo , 600 Creekside Dr , Clayton , NC , representing Ms Alice Summerlin , an adjacent property owner , expressed concerns about the creek as it related to flooding and safety Ms Davis asked about the location of the creek Mr Mozingo responded that it was always his understanding that the creek was the property line between the subject property and Ms Summerlin’s property , but that the property line may be within the riparian buffer with the creek being on the subject property Mr Mozingo also stated that there is a drain that runs under Vinson Rd that drains into the creek Ms Chandra Farmer , Johnston County Public Utilities Director , discussed planned wastewater improvements with an anticipated completion date of late 2023 for phase 1 Ms Howard asked if the earliest availability would be late 2023 Ms Farmer explained that there is some existing capacity available now , so today Public Utilities could permit some capacity and that it is first - come , first - serve There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to concerns of overall sewer treatment discharge capacity currently existing Chairman Letchworth asked Mr Adams about lots for the proposed subdivision not being located in a FEMA flood zone Mr Adams stated note 18 on the preliminary plat is incorrect ; however , the preliminary plat does clearly show the 100 year floodplain Mr Adams stated that the lots are outside of the FEMA floodplain Ms Howard asked about the possibility of approving the subdivision and then no sewer capacity existing when the permitting process begins Mr Marr responded that at least one lot must be recorded within three years of approval Ms Davis spoke about lots 4 , 5 , and 6 Staff Recommendation Denial Upon a motion by Ms Holmes to approve Neuse Ridge , seconded by Ms Howard , Neuse Ridge was approved by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Conditions and Requirements 7PagePage pageNumber8[ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Provide reverse frontage lot buffer along Vinson Rd 11 Show to whom open space is dedicated 12 Provide 20 ’ fee simple access to open space 13 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 14 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 15 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 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 22 Property is limited to 15 impervious area without stormwater management 8PagePage pageNumber923 There is currently adequate downstream wastewater capacity to serve the facility However , wastewater capacity is not allocated committed until water sewer construction plans and permits are approved by Public Utilities [ Emergency Services ] 24 Provide “ No Parking ” signage along access road at fire hydrant locations 25 Provide flow test Langdon Pond Owner Gail C Massengill & Robert J Cooke Developer Shelby Lusk - Gray Wolf Homes , LLC Surveyor Matt Lowder , PE - Bowman North Carolina Ltd Acreage Lots 3157 acres , 25 lots Tax ID # 07G07037A Address 2400 Block of Lassiter Rd Mr Marr introduced the subdivision and referenced the above information Mr Brent Burdum , 4006 Barrett Dr , Raleigh , NC , Bowman North Carolina Ltd , stated the particulars of the development and was present to answer any questions the Board may have Mr Burdum stated that due to wetlands , the amount of lots was reduced from 25 lots to 23 lots Mr Burdum stated that they were providing open space and stated that there is an old farm pond on the subject property Mr Marr stated that they had responded to some TRC comments and provided an updated preliminary plat Ms Holmes asked if the existing pond was solely on the subject property to which Mr Burdum confirmed Ms Davis asked who would be responsible for maintaining the pond to which Mr Burdum stated he thought it would be the HOA’s responsibility but would need to confirm with the developer Ms Holmes asked about a fence post and if there would be some kind of containment Mr Burdum stated that they had not proposed any containment Ms Hackler asked about the location of the mailbox kiosk to which Mr Burdum responded that it was located near the open space There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Staff Recommendation Approval 9Page0Upon a motion by Ms Byrd to approve Langdon Pond , seconded by Ms Hackler , Langdon Pond was approved by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Show to whom open space is dedicated 12 Provide 20 ’ fee simple access to open space 13 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 14 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 15 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 10Page119 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 should be shown on the pond and feature western side of the property or a buffer call should be requested if it is believed the feature should not be subject to the buffer rules 22 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide cul - de - sac detail 24 Provide “ No Parking ” signage along access road at fire hydrant locations 25 Provide topographic information 26 Provide a fire flow test 27 Provide fire hydrant distribution system information No public water - Fire Flow report needed Rezoning and Conditional Zoning Cases Rezoning Case 23 - 01 Rezoning Petition Agricultural Residential AR to Industrial 1 I - 1 Tax ID 05I05024 , 05I05024A , 05I05026A , 05I05026E , 05I05026D , 05I05026B , 05I05026C , 05I05026F , 05I06030 , & 05I06030D Owner Stephens Enterprises , MAL Properties , Stephens Center , Central Carolina Realty , & Stephens Trust Applicant Stephens Enterprises LLC , MAL Properties , Stephens Center , etc Location 36887 acres located at 6154 and 6170 US Hwy 70 and 928 , 1500 , & 1650 Gordon Rd in the Clayton Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr Marr also stated that several emails were received today from community members and copies were provided to the Board Mr Matt Stephens , Stephens Enterprises , stated the particulars of the request and was present to answer any questions the Board may have Mr Garrett Geist , 35 Ellas Ln , Clayton , NC , a nearby property owner , asked the Board to consider the two nearby communities and stated the rezoning would impact those communities Mr Geist also expressed concern for the request not being a conditional zoning request Mr Ray Turner , 23 Brandywood Dr , Clayton , NC , a nearby property owner , expressed concerns for the impact the proposed rezoning would have on the nearby residential communities Mr Turner also expressed concern regarding the future usage of the subject property as it pertains to roads and safety 11Page2Ms Cathy Purvis , 146 Ellas Ln , Clayton , NC , a nearby property owner , shared in the concerns of those previously stated and also asked about the preference for industrial usage rather than residential Mr Marvin Dodd , 891 Gordon Rd , Clayton , NC , an adjacent property owner , expressed concerns for traffic and safety Mr Marr stated that if approved a commercial site plan is required Mr Marr also stated that studies would be done to include input from NCDOT Ms Davis asked if the site plan would come back before the Board to which Mr Marr responded no Mr Marr stated that site plans go to everyone involved in TRC , Public Utilities , Emergency Services , Building Inspections , and Environmental Health Ms Hackler asked staff to show on the map where Nova Nordisk is located There was discussion among the Board concerning nearby zonings Staff stated that the areas in dark blue are zonings in the Town of Wilson’s Mills Chairman Letchworth stated that any site plan approved will have fairly extensive staff review and review by other agencies Chairman Letchworth asked if there is any public notification of what is being proposed to which Mr Marr responded no Ms Howard asked for clarification that there is no public notification because there is already a list of approved uses with the I - 1 zoning Ms Howard stated that anything proposed that falls into the list of approved uses is already allowed by the approved zoning Mr Marr and Mr Newton confirmed Ms Hackler asked staff for some examples permitted in an I - 1 zoning Staff displayed the table of permitted uses Ms Howard asked about the table of permitted uses and if a campground or travel trailer park would be permitted with the proposed I - 1 zoning to which staff responded no Ms Hackler asked if Novo Nordisk and Talecris are I - 1 or if they are I - 2 Mr Newton responded that they are I - 1 , but that they are in the Town of Clayton’s jurisdiction and their I - 1 permitted uses may be different Ms Hackler stated that it looked like I - 1 permitted uses were upholstery shops , vending companies , and some warehouses Ms Hackler stated that it was not quite as intense as what is seen in other industrial areas There was a question about I - 1 permitting pharmaceutical manufacturing 12Page3The Board responded that I - 1 does allow for pharmaceutical manufacturing , dairy processing , bottling plants , and manufacturing distribution Ms Hackler stated that there are already I - 1 zonings in the immediate vicinity of the subject property Mr Moore stated that he was concerned about the large scale of the rezoning request and the amount of acreage Ms Davis stated concerns for the amount of acreage , it not all being on US HWY 70 but partially on smaller country roads , and between residential neighborhoods Ms Davis expressed concern for public safety due to the location near a volunteer fire department district in Wilson’s Mills Chairman Letchworth stated that rezonings assist with attracting economic development and trusts the staff of other agencies to have the codes and ordinances in place to protect surrounding neighbors Chairman Letchworth expressed concern for the lack of public notification requirement and that a project of this magnitude that could be accommodated by this site will have significant impacts to neighbors and traffic without public input There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Mr Moore to deny Rezoning Case 23 - 01 due to preserving rural integrity and due to the scale of the application , seconded by Ms Davis , Rezoning Case 23 - 01 was recommended for denial by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Rezoning Case 23 - 02 Rezoning Petition Office & Institutional OI to General Business GB Tax ID 06E02054K Owner Stephen Kornegay Applicant Waymon Tucker Location 061 acres located at 236 Danceart Dr in the Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr John Adcock , Adcock Law Firm representing the Applicant , stated the particulars of the request and was present to answer any questions the Board may have Mr Adcock stated that the subject property has a little bit of a buffer from a 180 ’ Duke Energy transmission line between the subject property and the residential properties to the west 13Page4Mr Adcock also stated that the subject property is surrounded by common area as designated when the plats were recorded Chairman Letchworth asked about the access to the subject property Mr Adcock responded that the access would be determined during the site plan process Mr Adcock stated that the property was platted many years ago and that the property boundary was extended through a recombination survey dated November 16 , 2020 Mr Linwood Jones , a registered land surveyor and adjacent property owner , spoke in favor of the requested rezoning There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Mr Moore to approve Rezoning Case 23 - 02 , seconded by Ms Byrd , Rezoning Case 23 - 02 was recommended for approval by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Rezoning Case 23 - 03 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01019B Owner Jose Ascencio Applicant Jose Ascencio & Noel Laureno Location 503 acres located at 15110 NC 39 Hwy in the O’Neals Township Conditional Zoning Request Commercial & Residential Landscape Supply Sales Mr Marr introduced the case and referenced the information listed above Mr Marr shared for reference that the subject property is near a conditional rezoning request heard at last month’s Planning Board meeting Ms Julie Spriggs , land planner with CAA Engineers , stated the particulars of the request and was present to answer any questions the Board may have Ms Spriggs stated that they are agreeable to all of the proposed conditions Ms Spriggs stated that there is a 50 ’ easement on the southside of the property that will remain Mr Rudolph Williamson , 15040 NC HWY 39 , Zebulon , NC , an adjacent property owner , expressed concerns for traffic and public safety and requested the subject property remain residential 14Page5Ms Tonya Williamson , 15040 NC HWY 39 , Zebulon , NC , an adjacent resident , stated that there is growth in the area and expressed concerns for increased traffic and public safety Ms Williamson stated that the area is mostly an older population and expressed concerns for pesticides and chemicals There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency and conditions for consideration Ms Holmes asked about the location of the previously approved rezoning to which staff pointed out the parcel on GIS Mr Marr stated that the Applicant would need to obtain a NCDOT driveway permit and a left turn lane may be required as determined by NCDOT Chairman Letchworth expressed concerns for trucks turning into the site Ms Byrd stated that the previously approved rezoning across the road was a lot of remote purchasing and not a lot of traffic to which Mr Marr confirmed Mr Marr also stated that a public safety concern with the previous rezoning property was that buildings were in NCDOT right - of - way Chairman Letchworth stated that it looked like six or seven parking spaces on the preliminary site plan Ms Davis stated that the subject property was narrow There was discussion among the Board concerning previous conditional rezoning requests for similar uses Ms Davis asked about the hours of operation to which Mr Marr responded that those were proposed by the Applicant Ms Davis expressed concern for trucks being able to safely turn in and out of the subject property Ms Holmes stated that there will be conditions from NCDOT Ms Hackler expressed concerns for the location but stated that minimum requirements have been met for County Ordinance and NCDOT will have input on driveways and traffic safety Staff Recommendation Approval 15Page6Upon a motion by Ms Hackler to approve Rezoning Case 23 - 03 , seconded by Mr Little , Rezoning Case 23 - 03 was recommended for approval by a vote of 7 - 1 at the January 18 , 2023 Planning Board Meeting , with Mr Moore dissenting Conditions 1 Proposed uses Landscape supply , commercial and retail public Proposed by applicant 2 An eight - foot opaque fence will be installed around any outdoor storage areas adjacent to residential uses Proposed by applicant 3 Only ground or monument signs will be installed as approved by the planning department No pole signs will be installed Proposed by applicant 4 No site lighting will be installed except for security lighting on the building to ensure the security of property and the safety of persons entering or exiting the facility Proposed by applicant 5 Normal Business hours 8am - 5pm Monday - Saturday , and closed Sundays Proposed by applicant 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all property lines existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure an NCDOT driveway permit 12 Left turn lane may be required as determined by NCDOT 13 Any gates will need to be equipped with Knox access for Fire Department 14 Any lighting will be dark sky or down lighting so as not to shine onto adjacent properties Rezoning Case 23 - 04 Rezoning Petition Agricultural Residential AR to Industrial 1 - Conditional Zoning I - 1 - CZ Tax ID 11N05036C Owner Kevin Creech Applicant Kevin Creech Location 5885 acres located at 11000 block of Old Beulah Rd in the O’Neals Township Conditional Zoning Request Light general manufacturing for local medical industry Mr Marr introduced the case and referenced the information listed above 16Page7Ms Howard asked about county water and sewer at the subject property to which Mr Marr responded that it would be septic Ms Hackler asked if there were any other I - 1 zonings in the area Mr Marr responded that there was Community Business , General Business , and I - 2 , but only Agricultural Residential in the immediate area of the subject property Ms Davis stated that the application stated a planned employee head count of three to five people a day Ms Holmes stated that the application stated the purpose is manufacturing for a local medical industry Mr Steve Oliverio , 1906 Nash Street , Wilson , NC , Bartlett Engineering & Surveying , stated the particulars of the request and was present to answer any questions the Board may have Mr Oliverio stated that the Applicant was good with all of the proposed conditions Mr Oliverio stated that Mr Creech provides machine work repair for the medical industry and Mr Creech resides across the road from the subject property Mr Kevin Creech , 11111 Old Beulah Rd , Kenly , NC , Owner Applicant , stated that there is proposed improvement to an existing farm road for a paved driveway apron as required by NCDOT Mr Creech stated any manufacturing noise would be contained inside the building Ms Hackler asked if the existing barns would remain to which Mr Creech confirmed Chairman Letchworth asked Mr Creech if this is machines coming into his shop needing repair or some work and the work will be completed on site and then someone comes back to pick up the machine Mr Creech responded that was correct and that they are a central location to all of their surrounding medical customers Chairman Letchworth asked what type of vehicles would the machines come in on Mr Creech responded that they would come in on 18 - wheelers , box trucks , and other trucks of the sort Chairman Letchworth asked about the volume of traffic of the heavy equipment Mr Creech responded that it is once a month , twice a month Mr Creech stated that they would have standard UPS deliveries on almost a daily basis , but the bigger stuff would be few and far between Mr William Creech , 11365 Old Beulah Rd , Kenly , NC , an adjacent property owner , stated that he had no reservations with the proposed rezoning 17Page8There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency and conditions for consideration Mr Marr stated that he worked with Mr Creech to find an appropriate category for this rezoning request Chairman Letchworth asked Mr Creech if he had reviewed and understood the proposed conditions and if he agreed to the proposed conditions Mr Creech confirmed and agreed to the proposed conditions Chairman Letchworth asked Mr Creech about the proposed hours of operation Mr Creech confirmed that the proposed hours of operation are sufficient and confirmed that all other proposed conditions are acceptable Staff Recommendation Approval Upon a motion by Mr Little to approve Rezoning Case 23 - 04 , seconded by Mr Moore , Rezoning Case 23 - 04 was recommended for approval by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Conditions 1 Proposed uses Light general manufacturing for local medical industry Proposed by applicant 2 Building height not to exceed 24 ’ Proposed by applicant 3 County Water & Septic Proposed by applicant 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Lighting shall be engineered so as to not shine onto adjacent properties Proposed by applicant 6 Hours of operation M - F 8am - 5pm Proposed by applicant 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 Noise control All manufacturing confined indoors Proposed by applicant 9 Landscape Buffer Yard “ C ” required where adjacent to AR zoned parcels Existing vegetation can be utilized towards satisfying the buffer requirement Proposed by applicant 10 All signage shall comply with the Johnston County sign code limited to one 60 sf ground or monument sign only 11 All structures must comply with all rules enforced by Federal , State , and Local agencies 18Page912 Secure an NCDOT driveway permit Proposed by applicant 13 Knox Box or Knox e - switch to be located on site for Emergency personnel access Proposed by applicant 14 Paved driveway apron required by NCDOT 15 Any proposed gate will need to be equipped with Knox access for Fire Department Rezoning Case 23 - 05 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 06E02031 , 06E03010A , & 06E02059M Owner Glen Ford Sr Living Trust Applicant RHF Holdings , LLC Location 52 acres located at 2959 & 2925 Cornwallis Rd in the Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Gene Singleton , 325 Bradley Dr , Wilmington , NC , Applicant , stated the particulars of the request and was present to answer any questions the Board may have Mr Singleton stated that it was their intention to develop a business park and felt that it was a good fit with the location Mr Samuel Harris , 10556 Cleveland Rd , Garner , NC , an adjacent property owner , spoke in favor of the proposed rezoning and discussed surrounding land uses Mr Harris expressed concerns for traffic and public safety Ms Brenda Bellerose , 422 Pennyroyal Ln , Garner , NC , an adjacent property owner , expressed concern for the neighboring residential area and property values Ms Bellerose also expressed concerns for noise and crime There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Chairman Letchworth asked staff about the buffers associated with a General Business zoning Mr Newton responded that it is Class B Mr Marr responded that Class B landscape is two large trees , 3 small trees , and nine shrubs every 100 linear feet Ms Holmes asked staff about Class C Mr Marr responded that Class C landscape is three large trees , four small trees , and 12 shrubs every 100 linear feet Mr Marr also stated that existing vegetation may be used if it satisfies the intent Mr Singleton stated that during their initial investigation they had a protection stream analysis done Mr Singleton stated that there is a stream on the eastern boundary that 19Page0would require a 50 ’ setback and on part of the northern boundary Mr Singleton stated that the intent is to leave a good amount of the existing trees in place Ms Jacqueline Lippard , representing the Owners , stated that Mr Singleton spoke with three property owners on Pennyroyal Lane and Indigo Place when they first arrived at tonight’s meeting Mr Singleton explained to them the intentions for the subject property and none of those property owners stayed for the meeting Mr Harris spoke about the growth in the area and noise Staff Recommendation Approval Upon a motion by Ms Byrd to approve Rezoning Case 23 - 05 , seconded by Ms Holmes , Rezoning Case 23 - 05 was recommended for approval by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Rezoning Case 23 - 06 Rezoning Petition Map Amendment petition to add multiple parcels to the Water Supply Watershed Overlay Tax ID Multiple Owner N A Applicant Johnston County Location 155 acres of Critical area and 7500 acres of Protected area Mr Marr introduced the case and referenced the information listed above Mr Marr also stated that he provided information from the Land Development Code , Sec 14 - 105 - Water supply watershed protection district WSW Ms Chandra Farmer , Johnston County Public Utilities Director , stated the particulars of the request and was present to answer any questions the Board may have Ms Farmer stated that in 2011 2012 , Johnston County had been planning for a future water supply intake and went through the process with the state of reclassification for a future intake off of Richardson Bridge Rd Ms Farmer stated that a copy of the full proceedings from the state from where they adopted this reclassification area was included in the information provided to the Board Ms Farmer stated that the request is to add the area to the County’s Water Supply Watershed Map and it is already part of the state’s Ms Farmer stated the reclassification is required by the state and these parcels would go into the County’s Overlay District There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval based on information provided by Johnston County Public Utilities Staff Recommendation Approval 20Page1Upon a motion by Mr Moore to approve Rezoning Case 23 - 06 , seconded by Ms Holmes , Rezoning Case 23 - 06 was recommended for approval by a unanimous vote of 8 - 0 at the January 18 , 2023 Planning Board Meeting Discussion Items Mr Newton stated that there were two written decisions for the Board’s review and there would need to be a motion for each one Mamie Rd Tract Owner Samuel & Laurie Wilkins Developer Sam Wilkins Surveyor Lee R Hines Jr , PE Acreage Lots 2215 acres , 14 lots Tax ID # 09G14041K , 09G14041L , 09G14041P , 09G14041Q , 09G14041R , 09G14041S , & 09G14041U Address 200 Block Mamie Rd The Board reviewed the written decision and discussed Upon a motion by Ms Hackler to approve the written decision for Mamie Rd Tract , seconded by Ms Holmes , and carried by a unanimous vote of 8 - 0 , the written decision for Mamie Rd Tract was approved as presented at the January 18 , 2023 Planning Board Meeting Moore Meadows Owner Golden Leaf , LLC Developer Golden Leaf , LLC Surveyor On the Level Land Surveying Acreage Lots 257 acres , 3 lots Tax ID # 08I13032L Address 1039 Thompson Rd The Board reviewed the written decision and discussed Ms Holmes asked about a shared driveway Mr Newton stated that the preliminary plat did not show shared driveways and there was not adequate distance in accordance with County Ordinance between driveways Ms Holmes asked about a proposed subdivision heard at tonight’s meeting and shared driveways Ms Howard and Chairman Letchworth stated that Moore Meadows did not demonstrate a hardship and that the previously heard subdivision could not be designed with an internal street system 21Page2Upon a motion by Ms Hackler to approve the written decision for Moore Meadows , seconded by Mr Moore , and carried by a unanimous vote of 8 - 0 , the written decision for Moore Meadows was approved as presented at the January 18 , 2023 Planning Board Meeting The meeting ended at 7 43 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 22Page