May 16, 2023 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , May 16 , 2023 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , May 16 , 2023 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Jared Crenshaw , Michelle Davis , Brooke Holmes , Freddie Hudson , Will Letchworth , Jay Sasser , Tony Braswell BOCC Representative Absent Debbie Howard , Timothy Little , Gary Lovering , 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 by Ms Davis Approval of the Minutes Upon a motion by Ms Holmes to approve the April 18th Planning Board Minutes , seconded by Mr Hudson , and carried by a unanimous vote of 6 - 0 , the April 18 , 2023 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Cooper Branch 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 Mr Marr introduced the subdivision and referenced the above information Mr Keith Roberts , 202 Bonica Creek Dr , Garner , NC , Engineer , stated the particulars of the subdivision and was present to answer any questions from the Board Mr Roberts stated that he had the opportunity to speak with several of the adjacent property owners in the hallway prior to the meeting Mr Roberts spoke about the Batchelor property located at the back of the subject property and how it is a landlocked property accessed by a farm path through the subject property Mr Roberts stated that they are willing to work with the farmer and landowner so both do not lose access to the Batchelor property Mr Roberts also spoke about a concern shared by an adjacent property owner about flags and that they would check into the locations of the flags to make sure they are on the subject property 1PageChairman Letchworth asked Mr Roberts how they would provide access to the Batchelor property Mr Roberts responded that there is already a farm path along the wood line with an existing creek crossing Mr Roberts stated that they would try to align property lines or easements to maintain the current crossing Chairman Letchworth asked if it would be an easement somewhere along lots 15 , 16 , and 17 Mr Roberts responded yes , in the cul - de - sac somewhere along lots 15 and 16 Mr Elsworth Lee , 1683 Cooper Branch Rd , Clayton , NC , an adjacent property owner , stated that he had spoken with representatives of Timmons Group while they were out on the subject property Mr Lee stated that it was his understanding that Timmons Group was doing a topography of the subject property Mr Lee asked if the preliminary site plan could change once the topography was complete Chairman Letchworth responded that the County Ordinance does allow for some changes to the overall site plan and that the Board only reviews the preliminary site plan for approval Chairman Letchworth stated that some lot line shifting may occur , but large changes to the subdivision or major changes to the street network or an increase in lots would have to come back before the Board Mr Lee asked if there would be a retention pond Chairman Letchworth stated that he did not see a retention pond on the preliminary site plan , but the question could be asked to the Applicant Mr Lee asked if there would be any berms Mr Lee stated that he did not see any on the preliminary site plan and that they would be a welcomed addition to the subject property Mr Lee also asked about the temporary turnaround easement , the hammerhead design and how it appears open to the adjacent property Chairman Letchworth responded that the road as currently designed is a stub out to Mr Lee’s property , so the road would end at the property line Chairman Letchworth stated that a turnaround is required Mr Lee asked about the specifics of the turnaround and if there was enough room for a fire truck Mr Marr responded that it had been reviewed by the fire department and had been approved Chairman Letchworth stated that the County Ordinance does not require berms or landscape buffers between like uses , so residential beside residential , but the question could be asked to the Applicant 2PageMr Lee stated the preliminary site plan could change slightly , but would come back to the Board for major changes Chairman Letchworth confirmed Ms Laura Lee , 1607 Cooper Branch Rd , Clayton , NC , an adjacent property owner , stated that some of the lots are in a watershed area and are prone to retain water Ms Lee asked about plans to ensure that no water is diverted to adjacent properties Ms Lee also expressed concern for school capacity for Polenta Elementary School Chairman Letchworth responded that he was not aware of an answer as it relates to Polenta Elementary School and any improvements Chairman Letchworth stated that there was not a School Board representative present Chairman Letchworth stated that the Board has the capacity and enrollment numbers of each school for every subdivision proposal and routinely notes that they are over - enrolled and it is a general concern of the Board , but not one that can be considered specifically with regards to the approval of a subdivision Ms Lee stated that Polenta Elementary School is currently the highest capacity elementary school in Johnston County Chairman Letchworth responded that the packet data shows Polenta Elementary School with a capacity of 906 and enrollment of 1017 Ms Loretta Drolet , 1493 Cooper Branch Rd , Clayton , NC , an adjacent property owner , stated that they are directly impacted by the intersection of the proposed subdivision across Cooper Branch Road and Benny Road Ms Drolet stated that when she exits her driveway , she is directly across from Benny Road Ms Drolet expressed concerns for traffic impact Chairman Letchworth responded that the proposed subdivision would also have to be approved by NCDOT , including the driveway permit process Chairman Letchworth stated that NCDOT would review any traffic impact concerns and whether or not a turn lane would be needed Ms Drolet stated that there were some white flags on her property placed without their permission , so they were removed Mr Marr stated that during TRC , NCDOT noted that an updated traffic count would be needed and road improvements will likely be needed Ms Drolet asked if privacy fencing would be installed Chairman Letchworth stated that the question would be asked to the Applicant 3PageMs Sylvia Lancaster , 165 Mahogany Run , Raleigh , NC , subject property owner , wanted to offer clarification concerning the easement to the Batchelor property Ms Lancaster stated that there is a recorded easement Chairman Letchworth restated that there is a recorded easement through the subject property to the Batchelor property Ms Lancaster confirmed Chairman Letchworth reviewed questions from the audience with the Applicant Chairman Letchworth asked about stormwater runoff , retention pond , berms , privacy fencing , landscape buffers to adjacent properties , and the easement Mr Roberts stated that he was not aware of the recorded easement , but that they could add one as mentioned earlier Mr Roberts stated that the Developer would make the decision on berms and that typically berms are installed on the road frontage for landscaping purposes Mr Roberts stated that most of the stormwater runoff flows down towards the creek and the topo takes most of it in that direction Mr Roberts stated that the soils in those areas have been evaluated by a licensed soil scientist and wetlands expert to make sure the soils are suitable for building Mr Roberts stated that the subject property is within the watershed and is the reason for 40,000 square foot lots Mr Roberts stated that they have had some conversations with NCDOT about studies to see if any road improvements would be needed Mr Roberts stated that he does not think any road improvements will be needed Mr Roberts stated that they did some of their own testing for 48 hours and found the traffic count to be 500 trips per day within the 48 hours Chairman Letchworth stated that Mr Roberts covered everything Chairman Letchworth stated that he lumped together the questions about berms , privacy fencing , and landscape buffers Mr Roberts responded that he felt that a berm would be likely on the road frontage , but he was uncertain about privacy fencing Mr Roberts stated that no construction drawings had been done , so a detailed design had not been done yet Chairman Letchworth asked staff about the discussed recorded easement on the subject property and to what degree would it affect the design of the proposed subdivision Mr Newton responded that the easement could have some potentially significant impact Ms Holmes asked if the Board could table due to the potential impact of the easement Mr Newton responded that the Board did have the option to table Chairman Letchworth stated that the Board had heard that there could possibly be a recorded easement and that they need to know for sure and how that might affect the proposed subdivision Mr Sasser stated that the easement could potentially split a lot in half 4PagePage pageNumber5Chairman Letchworth stated that it would be good to note how the access will be provided to the farm , adjacent property There was no further discussion Staff Recommendation Approval Upon a motion by Ms Holmes to table Cooper Branch until the June 20 , 2023 Planning Board Meeting , seconded by Ms Davis , Cooper Branch was tabled by a unanimous vote of 6 - 0 at the May 16 , 2023 Planning Board Meeting Rezoning and Conditional Zoning Cases Rezoning Case 23 - 11 Rezoning Petition Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J06001A & 05I05006A Owner Novo Nordisk Pharmaceutical Industries , LP & Eric and Amanda Gordon Applicant Novo Nordisk Pharmaceutical Industries , LP Location 11703 acres located at 2909 & 2825 Powhatan Rd in the Clayton Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Ms Shaylah Nunn Jones , Principal , Government & Public Affairs for Novo Nordisk , stated the particulars of the request and was present to answer any questions from the Board Ms Jones stated that Novo Nordisk now owns the Gordon property and that it was purchased after the submission of the rezoning application Ms Jones stated that they would like for all properties owned by Novo Nordisk to be under the same zoning regulation for industrial use 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 Hudson to approve Rezoning Case 23 - 11 , seconded by Ms Holmes , Rezoning Case 23 - 11 was recommended for approval by a unanimous vote of 6 - 0 at the May 16 , 2023 Planning Board Meeting Rezoning Case 23 - 12 Rezoning Petition General Business GB to Industrial - 2 - Conditional Zoning I2 - CZ Tax ID 09H14065P Owner Bull & Oak Properties , LLC Applicant Richards Property Group , LLC 5PagePage pageNumber6Location 26 acres located at 8957 NC Hwy 96 South in the Meadow Township Conditional Zoning Request Metal Fabrication Mr Marr introduced the case and referenced the information listed above Chairman Letchworth asked what year the picture was taken in the packet There was some discussion and laughter among the Board and staff about the cars in the picture Mr Terry Richards , Richards Property Group , stated the particulars of the request and was present to answer any questions from the Board Mr Richards stated that their intention is to keep the existing buildings and have had a structural engineer look at them Mr Richards stated that they have an existing shop in Wendell , NC Chairman Letchworth asked about the types of traffic that’s going to be coming and going from the subject property and if there would be any onsite customers Mr Richards stated that there would be no onsite customers Mr Richards stated they serve as general contractors in the multifamily industry , so there would be trucks coming in and out of the subject property Chairman Letchworth asked about the number of employees Mr Richards responded that they have probably 20 employees at the facility Mr Richards stated that they have a sister company , Richards Steel Erectors , and there are probably another 20 employees there Chairman Letchworth asked about their typical hours of operation Mr Richards responded that their hours are 6 30 am to 5 30 pm , Monday - Thursday and that they do work Fridays for potential overtime if it is needed Chairman Letchworth pointed out one of the proposed conditions stated 7 am to 7 pm Mr Richards stated that they do not run a second shift Ms Holmes stated that they need to make sure the 7 am in the proposed conditions covers their 6 30 am Mr Richards responded okay Mr Hudson suggested 6 am to 7 am Mr Richards stated that they would want earlier , 6 am to 7 am 6PagePage pageNumber7Chairman Letchworth asked Mr Richards if he had reviewed the conditions that are in the packet Mr Richards responded possibly Mr Marr provided a copy of the proposed conditions to Mr Richards and Chairman Letchworth suggested that Mr Richards review the conditions and that they would be discussed before a recommendation was made Mr Greg Lee , 7482 NC HWY 50 S , Benson , NC , an adjacent property owner , expressed concerns for noise Mr Lee stated that he has been involved in the metal fabrication business for the last 13 ½ years and that some operations can be very noisy and some operations sometimes leave doors open if there is no air conditioning Mr Lee talked about various types of equipment Mr Lee expressed a concern for the proposed business being a deterrent for future development Mr Lee also expressed a concern of future businesses on the subject property and the level of noise if it is rezoned Chairman Letchworth asked about the location of Mr Lee’s property Mr Lee pointed out his property and family’s property on GIS MapClick Chairman Letchworth asked Mr Richards to address the presented concerns for noise Mr Richards stated that they would not cause any more noise than a general business under its current zoning Mr Richards stated that it won’t be quiet , but he doesn’t think the noise would travel to Mr Lee’s property Mr Richards spoke about their noise level at their current location in Wendell Chairman Letchworth spoke about the proposed conditions noting the requested change in hours in operation Chairman Letchworth asked Mr Richards if he had reviewed and understood the proposed conditions and if he agreed to the proposed conditions Mr Richards agreed to the proposed conditions 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 Mr Marr pointed out condition # 3 stating that all business activities and equipment will be confined to inside building areas to avoid disturbing surrounding businesses and community Mr Hudson stated that he thought they would have to unload the trucks outside and take the stuff inside and that would be it There was some discussion among the Board 7PagePage pageNumber8Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 23 - 12 with the requested change in hours of operation , seconded by Mr Hudson , Rezoning Case 23 - 12 was recommended for approval by a unanimous vote of 6 - 0 at the May 16 , 2023 Planning Board Meeting Conditions 1 The following uses shall be permitted Metal Fabrication Proposed by applicant 2 Hours of operation shall be 6 am until 7 pm Monday - Saturday 3 All business activities and equipment will be confined to inside building areas to avoid disturbing surrounding businesses and community 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 Updated NCDOT driveway permit must be obtained 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 if there are any changes or additions to the property 8 A Class C 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines bordering AR district Existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Rezoning Case 23 - 13 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E03002D & 06E03003J Owner Brian Gower - Profile Construction , Inc Applicant Profile Construction , Inc Location 311 acres located at 479B Cornwallis Rd in the Cleveland Township Conditional Zoning Request All allowable uses in GB with the exception of vehicular sales , boat sales , Campground RV Park , Kennel , Hospital , Open Storage , Pawn Shop , and Adult business Mr Marr introduced the case and referenced the information listed above Mr Crenshaw asked if there were any concerns for a potential I - 40 interchange at this location Mr Marr responded that the location would be limited to improvements 8PagePage pageNumber9Mr Hudson asked about the location and a landscape business Mr Marr responded that the location was near Old Drugstore Road Mr Marr stated that currently there was an abandoned house right on the roadway Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Bagley stated that the intention is to lease out buildings to HVAC , electrical , and plumbing contractors Mr Bagley stated that there is an access easement at the rear of the subject property Mr Bagley stated that they plan to move the easement , but to provide a new easement and not take away any access from the resident in the back Mr Bagley stated that NCDOT has already acquired more right - of - way from the subject property than what is shown on the map Mr Hudson asked if the only way to the Richardson property was through the subject property Mr Bagely responded yes Chairman Letchworth asked about the provided map , at the end of the parking lot there would be a proposed new gravel drive through the back that would turn east and tie into the existing gravel drive Mr Bagley responded that the provided map was a preliminary for two buildings , the upper lot would be septic so the plan is to provide a gravel drive to that resident Chairman Letchworth asked if it would tie into the existing easement on the very northern part of the subject property Mr Bagley confirmed Ms Holmes asked if the homeowner would have to drive through two parking lots to get home Chairman Letchworth asked Mr Bagley if there were any issues with the proposed conditions by staff including hours of operation Mr Bagley responded that there were no issues There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial based on a draft consistency statement and ingress egress concerns Mr Marr gave examples of various uses permitted with the requested zoning 9Page0Chairman Letchworth asked the Applicant if there were any further uses he would like to limit given the concerns presented by Staff Mr Brian Gower , 33 Palestone Dr , Garner , NC , Applicant , stated that he is a general contractor and there is a need for subcontractors in the area Mr Gower stated that he didn’t want to limit the uses because he didn’t want to be stuck with buildings that he could not use Chairman Letchworth stated that it sounds like there were some uses on the permitted list that the Applicant could probably mark off the list that would not limit the Applicant Mr Gower responded that one of his reasons for the rezoning request was that the subject property is narrow , backs up to I - 40 , and is not suitable for building houses Staff Recommendation Denial Upon a motion by Ms Holmes to deny Rezoning Case 23 - 13 due to the limited access for the adjacent property owner , seconded by Mr Crenshaw , Rezoning Case 23 - 13 was recommended for denial by a vote of 5 - 1 at the May 16 , 2023 Planning Board Meeting , with Chairman Letchworth dissenting Discussion Items Mr Newton stated that there were two written decisions for the Board’s review Dunn Tract Owner Lolita Dunn Developer Steel Bridge Crossing , LLC Surveyor Dalton Engineering & Associates , PA Acreage Lots 276 acres , 17 lots Tax ID # 01G11057 Address 1400 Block of Allen’s Crossroads Rd The Board reviewed the written decision Upon a motion by Ms Holmes to approve the written decision for Dunn Tract , seconded by Mr Sasser , and carried by a unanimous vote of 6 - 0 , the written decision for Dunn Tract was approved as presented at the May 16 , 2023 Planning Board Meeting Waverly Pond Owner MHB Development , LLC Developer MHB Development , LLC Surveyor Bass , Nixon and Kennedy , Inc Acreage Lots 1212 acres , 4 lots Tax ID # 16K03009Q Address 61 Waverly Pond Ln The Board reviewed the written decision 10Page1Upon a motion by Ms Holmes to approve the written decision for Waverly Pond , seconded by Ms Davis , and carried by a unanimous vote of 6 - 0 , the written decision for Waverly Pond was approved as presented at the May 16 , 2023 Planning Board Meeting The meeting ended at 6 52 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 11Page