July 2023 Planning Board Minutes

10 MEETING OF THEJOHNSTONCOUNTYPLANNING BOARD Tuesday , July 18 , 2023 6 00 pm The Johnston County Planning Board met in regular session onTuesday , July 18 , 2023 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Michelle Davis , Jared Crenshaw , Brooke Holmes , Debbie Howard , Freddie Hudson , Will Letchworth , Gary Lovering , Jay Sasser Absent Timothy Little , BOCC Representative , BOE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led byMs Holmes Approval of the Minutes Upon a motion by Mr Hudson to approve the June 20th Planning Board Minutes , seconded by Mr Sasser , and carried by a unanimous vote of 8 - 0 , the June 20 , 2023 Planning Board Minutes were approved as presented All speakers were sworn in Chairman Letchworth stated that Graham Pond Rd Tract would not be heard at tonight’s meeting The Applicant requested that it be tabled until the August 15 , 2023 Planning Board Meeting Upon a motion by Ms Holmes to table GrahamPond Rd Tract until the August 15 , 2023 Planning Board Meeting , seconded by Ms Howard , Graham Pond Rd Tract was tabled by a unanimous vote of 8 - 0 at the July 18 , 2023 Planning Board Meeting Subdivisions Barefoot Tract Owner Scott Barefoot Developer Scott Barefoot Surveyor James Peacock Acreage Lots 367 acres , 1 lot Tax ID # 08I14034D Address 700 Block of Hayes Rd Mr Marr introduced the subdivision and referenced the above information Mr Scott Barefoot , 149 Simmons Rd , Clinton , NC , Owner , stated the particulars of the subdivision and was present to answer any questions from the Board 1PageThere wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to direct driveway access onto Hayes Rd and less than 500 ’ of driveway separation Staff Recommendation Denial Upon a motion by Ms Davis to approve Barefoot Tract , seconded by Mr Hudson , Barefoot Tract was approved by a unanimous vote of 8 - 0 at the July 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 Fee - in - lieu of open space shall be paid prior to recording 6 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 7 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 ] 8 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 9 A driveway permit and subdivision design approval must be obtained prior to construction 10 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 11 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 2Page12 Stormwater Permit Required if 17,000 sf or more of impervious area will be added 13 Erosion Control Permit Required if an acre or more will be disturbed 14 Wetlands should be delineated and shownon the plan if any are present as well as any jurisdictional features and buffers 15 Property is limited to 15 impervious area without stormwater management Beulah Heights Owner Neil Jarman Developer Neil Jarman Surveyor True Line Surveying Acreage Lots 5448 acres , 3 lots Tax ID # 11N05036B Address 11200 Block of Old Beulah Rd Mr Marr introduced the subdivision and referenced the above information Mr Curk Lane , 205 West Main St , Clayton , NC , True Line Surveying , stated the particulars of the subdivision and was present to answer any questions from the Board Mr Lane stated that there is a proposed single shared driveway easement with preliminary approval received from NCDOT Chairman Letchworth asked about the distance from the proposed driveway to the existing driveways to the north and south of the subject property Mr Lane responded with an estimate of 225 feet Mr Lovering stated probably 200 feet Ms Angela Lee and Mr Vincent Pavone , 11250 Old Beulah Rd , Kenly , NC , adjacent property owners , expressed concerns about the number of proposed lots and asked about an easement between their property and the subject property Chairman Letchworth stated that he did not see a proposed easement on the preliminary plat Mr Newton explained the location of the proposed single shared driveway easement on the subject property Ms Lee asked if there would be an easement along her property and proposed lot 1 of the subject property to which Mr Newton responded no Ms Lee asked if that was the standard to which Chairman Letchworth responded yes Mr Pavone spoke about the distance between the edge of their driveway and the property line Ms Lee asked for information on the types of houses to be constructed 3PageChairman Letchworth stated that information was not part of the Board’s decision making process , but they could ask the Applicant at a later time Ms Lee asked if a fence requirement was possible Chairman Letchworth responded that there are no County Ordinance requirements for fences or buffering between like uses Chairman Letchworth stated that the subject property is for residential use Ms Lee asked about the purpose of their notification Chairman Letchworth stated that the Board reviews the proposed subdivision to see if it meets the codes and ordinances of the County’s Land Development Manual Chairman Letchworth stated that the Applicant is requesting a waiver relative to driveway location Mr Pavone asked about the waiver for the driveway to which Chairman Letchworth responded that the County requires 500 feet of driveway separation between new subdivisions and existing driveways to limit access points on roads with heavy traffic There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to direct driveway access onto Old Beulah Rd and less than 500 ’ of driveway separation with lot to the north Chairman Letchworth asked Mr Lane to further explain the hardship relative to developing a subdivision with an internal street network on the subject property Mr Lane responded that they were not able to provide an internal street network that would meet the length and number of houses required byNCDOT to take it over later as a public right - of - way Staff Recommendation Denial Upon a motion by Mr Sasser to approve Beulah Heights , seconded by Mr Lovering , Beulah Heights was approved by a vote of 7 - 1 at the July 18 , 2023 Planning Board Meeting , with Mr Hudson dissenting 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 Street name approval 4PagePage pageNumber56 Complete improvements or provide performance guarantee 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 [ Public Utilities ] 15 Stormwater Permit required if 17,000 sf or more of impervious area will be added 16 Erosion Control Permit Required if an acre or more will disturbed cumulatively 17 Wetlands should be delineated and shownon the plan if any are present as well as any jurisdictional features and buffers 18 Property is limited to 15 impervious area without stormwater management Graham PondRd Tract Owner Steel Bridge Crossing , LLC Developer Graham Pond - Lan Development , LLC Surveyor Dalton Engineering & Associates , PA Acreage Lots 2542 acres , 17 lots Tax ID # 13D04074 & 13D04074B Address 600GrahamPond Rd At the request of the Applicant , Graham Pond Rd Tract was tabled until the August 15 , 2023 Planning Board Meeting 5PagePage pageNumber6Rezoningand Conditional Zoning Cases RezoningCase 23 - 17 Rezoning Petition Agricultural Residential - Conditional Zoning AR - CZ to Agricultural Residential AR Tax ID 13B02039 Owner Lil Black Creek FarmLLC Applicant Pulte HomeCompany , LLC Location 156 acres of a 14495 acre tract located at 3444 Plain View Church Rd in the Pleasant Grove Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr Jeremy Keeny , 530 Hinton Pond Road , Suite 104 , Knightdale , NC , Morris & Ritchie Associates , stated the particulars of the request and was present to answer any questions from the Board There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of preliminary approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Mr Hudson to approve Rezoning Case 23 - 17 , seconded by Mr Crenshaw , Rezoning Case 23 - 17 was recommended for approval by a unanimous vote of 8 - 0 at the July 18 , 2023 Planning Board Meeting Rezoning Case 23 - 17 will be heard by the Board of County Commissioners at their September 5 , 2023 meeting RezoningCase 585MOD 3 Rezoning Petition Modify the approved Community Business Special Use District CB - SUD Tax ID 07E07018D Owner ERB Properties Applicant Jessica Johnson Location 5874NC Hwy50 N in the Elevation Township Modification request To change existing SUP to allow for a salon Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr Marr stated this was a modification request to a previous special use first approved in 2002 for a florist and plant sales , then approved in 2007 to allow for a bait and tackle shop , and then approved in 2009 for sporting goods 6PagePage pageNumber7sales Mr Marr stated the current request is to allow for a salon and all previously approved uses would be removed Ms Jessica Johnson , 270 Grace Rd , Benson , NC , Applicant , stated the particulars of the request and was present to answer any questions from the Board There wasno further discussion Chairman Letchworth closed the public hearing for Rezoning Case 585MOD 3 Rezoning Case 585 MOD3 will be heard by the Board of County Commissioners at their September 5 , 2023 meeting Special Use Conditions 1 Permitted Uses Salon … all previous approved uses will no longer be allowed 2 Site Plan must meet Johnston County Development Ordinance 3 Operating hours 9am - 9pm Monday - Saturday and 1 00 - 6 00pm onSunday 4 Must maintain class B landscape buffer 5 Applicant must ensure all buildings used for the proposed business meet commercial building code 6 Proper signage advertising solely for salon shop will be allowed per our Sign Ordinance 7 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , and NC Department of Transportation 8 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties RezoningCase 23 - 16 Rezoning Petition Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 13C02043 Owner ND Sauls Jr Applicant Cellco Partnership d b a Verizon Wireless Location 454 acres located at 600 Block of Two Claude Rd in the Pleasant Grove Township Special Use Request Cellular tower with related equipment Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr Marr also stated that the County’s technical consultant had reviewed the request Mr Marr provided Chairman Letchworth with the updated balloon test information 7PagePage pageNumber8Mr Tom Johnson , Williams Mullen Law Firm , 301 Fayetteville St , Suite 1700 , Raleigh , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Johnson stated that it is a 195 - foot single monopole tower with a 4 - foot lightning rod Mr Johnson stated that Mr Scott Smith and Mr Sauls , the property owner , were also present to answer any questions Mr William Blair , 670 Two Claude Rd , Willow Spring , NC nearby property owner , stated that he lives across the road from the subject property and asked about visibility of the tower from his property Ms Teresa Wolfe , 400 Two Claude Rd , Willow Spring , NC nearby property owner , asked if it would be a big business with a lot of vehicles and also asked about the access location MsHolmes responded that it appeared to be a single monopole tower Mr Newton pointed out the proposed access location onGIS MapClick Ms Wolfe expressed a concern for increased traffic and asked if any office buildings would be added to the subject property in the future Chairman Letchworth stated that the current rezoning application is only for the cell tower and its related equipment Chairman Letchworth stated that the rezoning request would not allow for a business Chairman Letchworth addressed Mr Blair’s question regarding visibility of the proposed tower from Mr Blair’s property Mr Newton displayed the balloon test photos There wasno further discussion Chairman Letchworth closed the public hearing for Rezoning Case 23 - 16 Rezoning Case 23 - 16 will be heard by the Board of County Commissioners at their September 5 , 2023 meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed facility is located to address an area needing service improvement and thereby promote public health , safety , and general welfare The site is located on a large agricultural parcel and is tucked into an existing tree mass to assist with screening of the facility from adjacent parcels The access drive will be constructed in an open , disturbed field area to minimize tree clearing 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 8PagePage pageNumber9Applicant The site is a passive unstaffed low impact use which does not create any significant noise , odor , glare , traffic , or other burden on county services or adjacent properties The site will comply with the use specific standards in Section 14 - 257 o as well as the general requirements of the Land Development Code and will also comply with all applicable local , state , and federal requirements including FAAand FCC regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This project is a public necessity NC General Statutes Section 160D - 930 a which states the goal “ to ensure the ready availability of reliable wireless service to the public , government agencies , and first responders with the intention of furthering the public safety and general welfare ” The improved public safety and data and communications service supporting personal , business , remote learning and other activities in the vicinity will directly benefit contiguous properties and consequently maintain enhance property value 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This area has a Future Land Usemap Designation of “ PrimaryGrowth Area ” Comprehensive Plan Goal 1 , Action 1 encourages adequate infrastructure to support development in the Primary Growth Area The site will provide a revenue stream while allowing the remainder of the land to remain preserved as agricultural open space and timberland consistent with Goal 6 Goal 15 emphasizes public safety services which this site will support Site location and design are consistent with the requirements of the Land Development Code for wireless facilities Specific Land Uses APPLICANT Cell Tower and fenced compound Special Use Conditions 1 Permitted Uses Cell Tower and fenced compound 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 7 The proposed structure shall not be lighted unless FAA requires 9Page08 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 9 The facility shall be constructed so that access is only attainable by qualified personnel Discussion Items Mr Newton stated that there were four written decisions for the Board’s review CooperBranch Owner Sylvia Dianne Lancaster Developer Bradley Built Inc Surveyor Timmons Group - Beth Blackmon Acreage Lots 403 acres , 26 lots Tax ID # 05E99011G Address 1300 Block of Cooper Branch Rd The Board reviewed the written decision Upon a motion by Ms Holmes to approve the written decision for Cooper Branch , seconded by Ms Davis , and carried by a unanimous vote of 8 - 0 , the written decision for Cooper Branch was approved as presented at the July 18 , 2023 Planning Board Meeting Pendergrass Owner J & N Developers , LLC Developer J & N Developers , LLC Surveyor True Line Surveying , AMP’D Engineering Acreage Lots 18646 acres , 16 lots Tax ID # 04012007 Address 675 Quarterhorse Rd The Board reviewed the written decision Upon a motion by Mr Hudson to approve the written decision for Pendergrass , seconded by Ms Holmes , and carried by a unanimous vote of 8 - 0 , the written decision for Pendergrass was approved as presented at the July 18 , 2023 Planning Board Meeting Hillard Ln Subdivision Owner Tupelo HoneyLand Development , LLC Developer Tupelo Honey Land Development , LLC Surveyor Timmons Group - Beth Blackmon Acreage Lots 227 acres , 14 lots Tax ID # 16L02061 Address 300 Block of Hillard Ln The Board reviewed the written decision 10Page1Upon a motion by Ms Holmes to approve the written decision for Hillard Ln Subdivision , seconded by Mr Hudson , and carried by a unanimous vote of 8 - 0 , the written decision for Hillard Ln Subdivision was approved as presented at the July 18 , 2023 Planning Board Meeting Oakmont Owner Debra Stokley & Teresa Richardson Developer Oakmont Investors , LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 193 acres , 20 lots Tax ID # 11L06017P Address 800 Block of Thanksgiving Fire Rd The Board reviewed the written decision Upon a motion byMsHolmes to approve the written decision for Oakmont , seconded by Mr Hudson , and carried by a unanimous vote of 8 - 0 , the written decision for Oakmont was approved as presented at the July 18 , 2023 Planning Board Meeting The meeting ended at 6 39 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 11Page