November 21, 2023 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THEJOHNSTONCOUNTYPLANNING BOARD Tuesday , November 21 , 2023 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , November 21 , 2023 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Jared Crenshaw , Debbie Howard , Freddie Hudson , Will Letchworth , Timothy Little , Gary Lovering , Jay Sasser Absent Michelle Davis , Brooke Holmes , Todd Marr Senior Planner , BOCC Representative , BOE Representative Also present Braston Newton , Director ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led byMr Crenshaw Approval of the Minutes Upon a motion by Mr Hudson to approve the October 17th Planning Board Minutes , seconded by Mr Little , and carried by a unanimous vote of 7 - 0 , the October 17 , 2023 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Portofino Phase13 Owner Portofino Subdivision Homeowners Association Inc Developer Ali 2Farms Inc Surveyor Alsey J Gilbert , PLS Acreage Lots 579 acres , 2 lots Tax ID # 16K06001 Address 29 Allesandra Dr Mr Newton introduced the subdivision and referenced the above information Mr Alsey Gilbert , 442 - 1 2 E Main St , Clayton , NC , Surveyor , stated the particulars of the subdivision and was present to answer any questions from the Board Mr Gilbert stated the original intended use for the subject property was soccer fields but the cost was prohibitive Mr Gilbert stated there was ample open space in the Portofino Subdivision to cover the required amount Mr Gilbert distributed copies of a letter from the Homeowners Association as well as a copy of a previous plat Mr Gilbert stated the proposed subdivision was cutting two lots out of previously designated open space There wasno further discussion 1PageChairman Letchworth asked for the staff recommendation Mr Newton stated the staff recommended approval with the stated conditions and requirements in the staff report Chairman Letchworth asked staff about the handling of open space and fee - in - lieu Mr Newton responded that staff would verify that the open space provided is adequate for the whole development Staff Recommendation Approval Upon a motion by Mr Sasser to approve Portofino Phase 13 , seconded by Mr Hudson , Portofino Phase 13 was approved by a unanimous vote of 7 - 0 at the November 21 , 2023 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 40,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 All lots shall access internal streets 6 Cul - de - sac lots must have 40 ’ road frontage 7 Complete improvements or provide performance guarantee 8 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 9 Fee - in - lieu of open space shall be paid prior to recording 10 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 11 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 ] 12 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 13 A driveway permit and subdivision design approval must be obtained prior to construction 14 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads 2PageMinimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 15 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 16 Stormwater & Erosion Control Permits Required 17 Stormwater Statement Required 18 Wetlands should be delineated and shownon the plan if any are present as well as any jurisdictional features and buffers 19 Property is limited to 15 impervious area without stormwater management Urbina Tract Owner Andres Urbina Developer Andres Urbina Surveyor True Line Surveying Acreage Lots 716 acres , 3 lots Tax ID # 03P05048B Address 344Moore Rd Mr Newton introduced the subdivision and referenced the above information Mr Newton shared information regarding direct driveway access onMoore Rd Mr Curk Lane , 205 W 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 the subject property was platted within the last five years making it a major with only three lots There is an existing driveway that will serve as the access easement for all three lots Mr Lane stated that there is not enough soils on the rear of the property to build a street to NCDOT standards or have it taken over byNCDOT because of the number of lots Chairman Letchworth asked if the previous tract was essentially the whole square with the “ L ” being cut out to which Mr Lane confirmed Chairman Letchworth asked if there was anything on the center piece of land now to which Mr Lane responded no There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Newton stated the staff recommended denial due to not having a dedicated right - of - way meeting County standards and also having less than 500 feet of driveway separation onMoore Rd Chairman Letchworth asked about the acreage of the total before the subject property was pulled out Mr Newton referred to GIS MapClick and stated a total of about 20 acres 3PageChairman Letchworth spoke about self - created hardships Mr Sasser asked if the easement was a dirt road and would it remain a dirt road Chairman Letchworth asked Mr Lane if the access easement was proposed to be dirt Mr Lane responded that the existing driveway and path that is there now is dirt and the intention would be to gravel it Mr Sasser asked about access for emergency vehicles Mr Lane responded that it would be an all - weather , all - season road Mr Lane stated that they are not asking for a new driveway on the road frontage , it is an existing driveway used to access the property Staff Recommendation Denial Upon a motion by Mr Hudson to deny Urbina Tract based on the Johnston County Land Design Manual regarding developments creating 4 or more lots , seconded byMr Sasser , Urbina Tract was denied by a vote of 6 - 1 at the November 21 , 2023 Planning Board Meeting , with Mr Little dissenting Massengill Pond Owner John Wayne Stephenson Life Estate & Ann J Stephenson Developer Bradley Built Inc Surveyor Timmons Group - Beth Blackmon Acreage Lots 7018 acres , 27 lots Tax ID # 13C04019N & 13C04019B Address 700 Block of Massengill Pond Rd Mr Newton introduced the subdivision and referenced the above information Mr Newton stated that a floodplain appears on a portion of one parcel Mr Lovering asked Mr Newton about the designated open space for the proposed subdivision and if they could come back in the future and request the subdivision be enlarged to build on the designated open space tract Mr Newton responded that it must be designated open space and required to be documented on the plat Mr Newton stated that if they wanted to further subdivide later it would have to come back before the Planning Board Mr Lovering stated that it could be subdivided and built on later Mr Newton responded that there would be potential but that future property owners would have to approve it Mr Lovering stated that the open space fee in lieu would then be paid 4PagePage pageNumber5Mr Newton confirmed stating it would be at the rate at that time Mr Keith Roberts , 202 Bonica Creek Dr , Garner , NC , Site Engineer , stated the particulars of the subdivision and was present to answer any questions from the Board Mr James Stephenson , 620 Massengill Pond Rd , Angier , NC , adjacent property owner , had questions concerning stormwater Mr Roberts stated the subject property sits on a ridge based on the topographic and does drain slightly to the south and the north Mr Roberts stated eventually the majority heads to the back of the property where the floodplain is Mr Roberts stated that when the streets and ditches are put in everything will be directed to the back of the subdivision so they are not impacting neighbors Mr Roberts stated that the goal would be to not add any stormwater on any neighbor Mr Roberts stated the site has a fifteen percent impervious limit and as long as they stayed below the fifteen percent no stormwater controls would be required Chairman Letchworth asked Mr Roberts to discuss the rate of runoff for subdivisions versus farmland or other land types Mr Roberts stated that typically farmland has a higher runoff than subdivisions Mr Roberts stated that they look at curve numbers and how farmland is done with rows Mr Roberts stated that it can typically be proven that when you do a subdivision you reduce runoff There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Newton stated the staff recommended approval with the stated conditions and requirements in the staff report Staff Recommendation Approval Upon a motion by Mr Lovering to approve Massengill Pond , seconded by Mr Little , Massengill Pond was approved by a unanimous vote of 7 - 0 at the November 21 , 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 5PagePage pageNumber68 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 19 Require encroachment permit for water line connection [ Public Utilities ] 20 Stormwater & Erosion Control Permits Required 21 Stormwater Statement Required 22 Wetlands should be delineated and shownon 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 24 Construction plans must be approved by Public Utilities for waterline installation [ Emergency Services ] 25 Provide a fire flow test Black Creek Farms Owner Lil Black Creek FarmLLC Developer Pulte Home Company , LLC 6PagePage pageNumber7Surveyor Jeremy Keeny , PE , PLS Acreage Lots 15077 acres , 96 lots Tax ID # 13B02039 & 13B02026C Address 3444 Plainview Church Rd Mr Newton introduced the subdivision and referenced the above information Mr Newton stated that a floodplain appears on a small portion of the parcel Ms Ashley Honeycutt Terrazas , 301 Fayetteville St , Suite 1400 , Raleigh , NC , Land Use Attorney with Parker Poe , stated the particulars of the subdivision and was present to answer any questions from the Board Mr Jeremy Keeny , 530 Hinton Pond Rd , Suite 104 , Knightdale , NC , Morris & Ritchie Associates of NC , PC , stated that the intent was to have a larger lot subdivision that was under density and under the fifteen percent impervious for stormwater Chairman Letchworth stated that they are not providing any open space and from an average lot size about one and a half acres per lot Mr Keeny confirmed Chairman Letchworth stated the maximum allowable density would be 218 and the proposal was for 96 lots Mr Keeny confirmed Mr Hudson asked if there would be one or multiple mail kiosks Mr Keeny responded that there would be one mail kiosk at the entrance Mr Keeny stated the mail kiosk was not currently shown on the preliminary site plan but would be added Chairman Letchworth asked if there were any anticipated roadway improvements along Plainview Church Rd Mr Keeny responded not at this time Chairman Letchworth asked if they had had those discussions with NCDOT Mr Keeny responded no and that they had not submitted for driveway permits at this time There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Newton stated the staff recommended approval with the stated conditions and requirements in the staff report Staff Recommendation Approval 7PagePage pageNumber8Upon a motion by Mr Hudson to approve Black Creek Farms , seconded by Mr Crenshaw , Black Creek Farms was approved by a unanimous vote of 7 - 0 at the November 21 , 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 Fee - in - lieu of open space shall be paid prior to recording 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 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 ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 16 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 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 8PagePage pageNumber919 Stormwater Statement Required 20 Wetlands should be delineated and shownon the plan if any are present as well as any jurisdictional features and buffers 21 401 404 Buffer approval permit required for road crossing 22 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide fire access road detail 24 Provide “ No Parking ” signage along access road at fire hydrant locations 25 Provide turn around 26 Provide a fire flow test 27 Provide fire hydrant distribution system information 28 Provide topographic information Rezoningand Conditional Zoning Cases RezoningCase 23 - 22 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13C03047J & 13C03047I Owner DKY Properties , LLC Applicant George Barnes - Glandon Forest Equity Location 213 acres located at 100 & 104 Skyline Dr in the Pleasant Grove Township Conditional Zoning Request Commercial Retail Dollar General Store Mr Newton introduced the case and referenced the information listed above Mr Newton reviewed the traffic count for this portion of NC HWY 210 as of 2021 and stated that it was an existing boulevard needing improvement Mr Newton reviewed two of the proposed conditions , one being the applicant would submit a detailed site plan for review and approval and two the applicant must comply with any required traffic improvements Mr Chris Cox , 104TwinOaks Place , Goldsboro , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Cox stated that they build Dollar Generals all over eastern North Carolina and this proposed store would be a new prototype store Mr Cox stated that they felt this was a good location to help the community Mr Cox also stated that their Engineer was also in attendance and available to answer any questions Chairman Letchworth asked if they had reviewed the conditions included at the end of the staff report and if they agreed with those conditions Mr Cox stated they agreed to the conditions Chairman Letchworth asked if they had had any discussions with NCDOT about any potential roadway improvements 9Page0Mr Cox responded that they know there will need to be roadway improvements but they do not have a driveway permit yet Chairman Letchworth asked if they had any anticipation on what those might be Mr Cox responded no Mr Hudson asked about it being a new prototype store and what was different about it from other stores Mr Cox responded that it is a bigger store carrying different kinds of merchandise Mr Cox stated it would have a grocery area with fruits and vegetables that some of the older Dollar General stores do not have Chairman Letchworth asked about the design features of the site that would make it compatible with the surrounding land use Mr Cox deferred to the Engineer for response Mr Zach Gardner , Gardner Engineering , Asheboro , NC , stated that the majority of the surrounding land uses were residential and a bit of a drive from larger retail centers Mr Gardner stated that it would give the residents in the community a quick commute to get everyday essential items Mr Gardner stated that they were going to incorporate standard general business district landscape buffers into the project in order to provide a visual screening on all sides of the property MsHoward asked if there would only be one entrance off White Memorial Church Rd Mr Gardner responded yes Mr Anthony McGill , 16300 NC HWY 210 , Angier , NC , adjacent property owner , distributed to the Board pictures of the topography of the area and a list of signatures from local residents Mr McGill stated that they encourage development but feel this type of development in a residential area is in the wrong location Mr McGill spoke of having school age children and concern for the proposed development that would be only thirty feet from his residence Mr McGill expressed concerns with parking lot noise pollution , as well as odors coming from the trash dump Mr McGill expressed concerns for safety , welfare , and quality of life Mr McGill expressed concerns for traffic and spoke of speed and previous accidents in the area Mr McGill expressed concern for getting out of his driveway Mr McGill stated that they were in a low density residential area Mr McGill also read from the Johnston County Land Development Code regarding general business zoning Mr McGill stated that the list of signatures showed the proposed rezoning was a conflict of interest Mr McGill also referenced the Johnston County Comprehensive LandUse Plan regarding existing neighbors Ms Howard asked Mr McGill about a submitted photo of a Dollar General at 9817NC HWY 210 and its distance from the subject property 10Page1Mr McGill responded that there is a Dollar General four miles away from the proposed site location and a super center about twelve miles away Mr McGill stated that they do not want commercial moving into the residential area Ms Coral Enriquez , 144 W Thicket Dr , Angier , NC , resident in a nearby subdivision , expressed concern for a possible increase in crime and referenced a study from DeKalb County , Georgia Ms Enriquez stated that there are three other dollar stores within a five mile radius of the subject property and that there are eleven other dollar stores within a ten mile radius of the subject property Ms Enriquez stated that there are six grocery stores within a five mile radius of the subject property Ms Enriquez stated that she is a commercial real estate investment analyst and that research shows that small box discount retailers decrease the property value of the surrounding neighborhoods Ms Enriquez spoke in opposition of the proposed rezoning Ms Howard asked if she should recuse herself There was discussion between Ms Howard and Ms Slusser Upon a motion by Mr Little to recuse Ms Howard from Rezoning Case 23 - 22 , seconded by Mr Hudson , Ms Howard was recused from Rezoning Case 23 - 22 by a unanimous vote of 7 - 0 Ms Enriquez stated that Glandon Forest Equity was also involved with the Dollar General at 9817NCHWY 210 Mr Jason Wilson , 44 Tucker Farm Circle , Angier , NC , a resident in a nearby subdivision also represented two additional family members , and expressed opposition to the proposed rezoning based on previous testimony Mr Wilson referenced a study by Clemson University regarding the impact on residential property values Mr Wilson spoke about the number of Dollar Generals near the subject property Mr Wilson also referenced a case in Salisbury , NC in 2022 where permitting for a Dollar General was denied based on accident traffics Mr Wilson then spoke of an accident in January 2023 near the subject property Mr Wilson expressed concern for safety and traffic Ms Beth Chisenhall , 475 Cabin Grove Ct , Angier , NC , resident in a nearby subdivision , described the community with mature homes and a mature neighborhood Ms Chisenhall provided a list to the Board of every Dollar General within an eleven mile radius of Raeford Rd and NC HWY 210 and noted that there are other dollar stores within the same radius Ms Chisenhall spoke about other commercial stores in the area and did not see a need for the proposed Dollar General Ms Chisenhall expressed concern for it interrupting the natural surroundings in the area , as well as expressed concern for the impact on home values , possible crime , and lack of infrastructure Ms Chisenhall expressed concern for possible involvement by real estate professionals and developers on the Board of County Commissioners Mr Don Dupree , 146 White Memorial Church Rd , Angier , NC , an adjacent property owner , expressed concern for the site distance at White Memorial Church Rd and NC HWY 210 and shared that his father lost his life at that intersection in 2003 Mr Dupree asked about the one driveway on the proposed site plan 11Page2Chairman Letchworth gave Mr Dupree a copy of the proposed site plan and stated that there was one driveway proposed Mr Dupree stated that there is still a problem at the location with site distance and speed of traffic Mr Dupree stated that tractor trailers now use the road more Mr Dupree spoke in opposition of the proposed rezoning Mr Dupree spoke about Skyline Dr that goes behind the subject property and is currently used to access the subject property Mr Dupree requested that anything that goes on the subject property use the existing access rather than creating another driveway because the distance between NC HWY 210 and Skyline Dr is a short distance Mr Dupree spoke about the traffic build uponNC HWY 210when buses are stopped at Skyline Dr Ms Merari Vega , 40 Terrace Ridge Dr , Angier , NC , resident in a nearby subdivision , spoke in opposition of the proposed rezoning and did not feel that it would improve the community Ms Vega expressed concern for increased traffic and noise , as well as the proposed hours of operation Mr Matthew Cary , 88 Old Cabin Ct , Angier , NC , resident in a nearby subdivision , stated that he moved into his home to get away from Holly Springs , Fuquay , and Apex Mr Cary stated he was employed at a nearby Dollar General and spoke about the amount of theft occurrences in one year Mr Cary expressed concern for the possible impact on the neighborhood and community , as well as the potential for possible crime Mr Cary expressed concern for the amount of Dollar Generals in the area Mr Dupree stated that around 2004 NCDOT lowered the grade on NC HWY 210 at the intersection at the subject property and the current owner refused to give NCDOT a temporary construction easement in order to lower the grade sufficient to eliminate the sight distance Chairman Letchworth asked Mr Cox about compatibility with existing and surrounding land uses and specific measures relative to increasing compatibility with the surrounding land uses Mr Cox stated that it appeared the community was not in favor of the proposed project Mr Cox asked if the opposition was because it was disclosed as a Dollar General or if the opposition was for the commercial property rezoning Mr Cox stated that they had done everything they could for it to fit into the community Chairman Letchworth asked if Mr Cox had reviewed the conditions included at the end of the staff report and if he agreed with those conditions Mr Cox confirmed agreement to the conditions There wasno further discussion 12Page3Chairman Letchworth asked for the staff recommendation Mr Newton provided a staff recommendation of approval based on the need for the requested use and conditions proposed and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Mr Little to deny Rezoning Case 23 - 22 based on the proposed rezoning not being compatible with the surrounding area and based on the concern for traffic safety , seconded by Mr Hudson , Rezoning Case 23 - 22 was recommended for denial by a unanimous vote of 6 - 0 at the November 21 , 2023 Planning Board Meeting Rezoning Case 23 - 22 will be heard by the Board of County Commissioners at their January 2024 meeting Conditions 1 Permitted Uses Dollar General Retail Store 2 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 3 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 4 Must comply with all traffic improvements as required byNCDOT 5 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 6 Installation of a Class B Buffer along zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 7 Hours of Operation Monday through Sunday , 7 00am to 11 00pm 8 Signage must comply with sign code Sec 14 - 509 9 A comprehensive site plan shall be submitted for review and approval in accordance with Johnston County Land Development Code , Article V There wasa brief five minute break RezoningCase 23 - 23 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06G06016I Owner Michael & Bethany Chapin Applicant Blake Gotliffe Location 40 acres located at 1921 Polenta Rd in the Cleveland Township Conditional Zoning Request Wedding and Events venue Mr Newton introduced the case and referenced the information listed above Mr Newton stated surrounding land uses and zonings 13Page4Mr Alsey Gilbert , 442 - 1 2 E Main St , Clayton , NC , Surveyor , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Gilbert stated that the applicant , Blake Gotliffe , is the owner of Under the Oak in Smithfield and the primary reason for the rezoning request was for catering with the possibility of occasional weddings and events Mr Gilbert stated that the proposed parking lot off of Polenta Rd would have to be moved due to septic and would most likely come off of Indian Camp Rd Mr Gilbert stated that the septic was for about 180 people , but the applicant intended to limit events to about 75 - 80 people Mr Lovering asked about the possible location of the new driveway Mr Gilbert responded that the new driveway would be sitting about where it was at now because the southern portion of the outdoor venue area was where parking wouldnow be and the repair area was where the proposed septic wason the preliminary site plan Chairman Letchworth stated that regardless there would not be a driveway off of Polenta Rd Mr Gilbert confirmed other than the existing one that would remain , the circular driveway in front of the house Mr Gilbert also stated that there was an existing driveway on Indian Camp Rd Chairman Letchworth stated that everything would flow in and out of the existing driveway on Indian Camp Rd Mr Gilbert confirmed Chairman Letchworth asked if they had reviewed the conditions included at the end of the staff report and if they agreed with those conditions Mr Gilbert confirmed agreement to the conditions Mr Blake Gotliffe , 1126 Ridge Dr , Clayton , NC , Applicant , was present to answer any questions from the Board Chairman Letchworth asked if Mr Gotliffe had reviewed the conditions included at the end of the staff report and if he agreed with those conditions Mr Gotliffe confirmed agreement to the conditions Mr Terry Click , 1977 Polenta Rd , Clayton , NC , adjacent property owner , expressed concerns for noise , property values , and runoff due to his shallow well about 60 feet from the property line Mr Click spoke about working outside during the evenings and weekends Chairman Letchworth stated that there would be a Class B buffer along the property line to include two large trees , three small trees , and nine shrubs every one hundred linear feet Chairman Letchworth stated that Mr Gilbert did speak about the parking lot being 14Page5moved to the east side so there would not be parking along Mr Click’s property line Chairman Letchworth reviewed conditions relevant to the noise concern , including proposed conditions concerning hours of operation and strict compliance with the Johnston County Noise Ordinance Mr Click stated that he was concerned about having a shallow well near the subject property Mr Little asked about unimproved parking and if the parking area would be paved Mr Gilbert responded that the main thing would be catering and catering events and the parking area would not be paved Mr Gilbert stated that it would be grass parking like a church Mr Little stated that he was trying to address Mr Click’s concerns Mr Click stated that the property slopes away from the subject property towards his property so when there are large runoffs it runs across his property Mr Gilbert responded that there shouldn’t be anything more than what is there now Mr Gilbert stated that it was not everyday , it is the occasional wedding and catering event Mr Gilbert stated that they are not increasing the impervious area Mr Teddy Johnson , 1997 Indian Camp Rd , Clayton , NC , a nearby property owner , stated the previous owner of the subject property had given him an electrical easement and he wanted to make sure that was not impacted Mr Gilbert stated the easement would remain with no changes Mr Johnson pointed out the location of the easement Ms Phyllis Johnson , 1995 Indian Camp Rd , Clayton , NC , adjacent property owner , expressed concerns for the close proximity of her home to the revised proposed parking area and wanted to know more about the plans for the venue Ms Johnson spoke about traffic and events at the school across Polenta Rd Chairman Letchworth stated there would be a vegetated buffer along the adjoining property line to Ms Johnson’s property to include two large trees , three small trees , and nine shrubs every one hundred linear feet Ms Johnson expressed concern for the traffic in the area Mr Gotliffe stated appreciation for the expressed concerns Mr Gotliffe stated that weddings would be on Friday , Saturday , Sunday evenings after school gets out Mr Gotliffe stated that they would look to not schedule Friday night weddings during football season Mr Gotliffe stated that he did not think traffic would be an issue during operation hours on weekends 15Page6Chairman Letchworth stated that there appeared to be quite a bit of distance between the parking lot and the southern property line with a dimension of about 130 feet Mr Gotliffe pointed out the proposed parking lot and septic areas on the preliminary site plan Mr Lovering asked Mr Gotliffe if he lived on the subject property Mr Gotliffe responded no and that they were under contract to purchase the property Mr Lovering asked if it was a historical home in Johnston County Mr Gotliffe stated that the home had never been registered Mr Hudson asked about it being the third oldest in the county Mr Gotliffe responded that was his understanding and they plan to keep the home Ms Johnson spoke about their fence line and adjoining property line ontwo sides of the subject property Ms Johnson asked about the buffer Chairman Letchworth responded yes , a buffer would be on both sides of the subject property adjoining Ms Johnson’s property There wasno further discussion Mr Newton requested since there were modifications to the preliminary site plan that a revised site plan be provided and give opportunity for review Chairman Letchworth asked if Mr Newton was requesting the Board to table this Rezoning Case Mr Newton stated that would be the preference if the applicant was agreeable but that it was up to the purview of the Board Mr Gotliffe spoke from the audience Mr Newton stated that the conditional zoning if approved was contingent on the site plan so it was site plan specific Mr Newton stated that he was not sure if there were enough details about the relocation of the parking , the septic , and the repair area to make an informed decision Mr Little asked if what had been said would change Mr Newton’s decision Mr Newton responded that the preference was to see the revised preliminary site plan to see the parking area even with unimproved parking to see how that would look and approach into the parking area and impact on oncoming traffic along Polenta Rd or potentially Indian Camp Rd 16Page7Mr Gotliffe spoke from the audience Mr Sasser asked Mr Gotliffe for his closing date Mr Gotliffe spoke from the audience Chairman Letchworth asked if it would be acceptable for the applicant to submit a new site plan before it goes to the Board of County Commissioners Mr Newton stated that would be acceptable but the Planning Board may be basing their action on something that may be quite different than what they currently understand Chairman Letchworth asked for the staff recommendation Mr Newton provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Mr Little to approve Rezoning Case 23 - 23 with the condition that a revised site plan be submitted prior to review by the Board of County Commissioners and that the revised site plan be consistent with the presentation and testimony received at the November 21 , 2023 Planning Board Meeting , seconded by Mr Hudson , Rezoning Case 23 - 23 was recommended for approval by a unanimous vote of 7 - 0 at the November 21 , 2023 Planning Board Meeting Rezoning Case 23 - 23 will be heard by the Board of County Commissioners at their January 2024 meeting Conditions 1 Land use restricted to wedding and events venue Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Lighting shall be engineered dark sky down - lighting so as not to shine onto adjacent properties 5 Hours of operation Monday - Sunday12pm - 11pm proposed by applicant 6 All parking off - street Proposed by applicant 7 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 8 Installation of at least a Class B buffer along all rezoning boundaries lines 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing vegetation may be used 9 All signage must comply with the Johnston County sign ordinance 10 Environmental Health regulations must be adhered to for any food preparation or sales 17Page811 Strict compliance with the Johnston County Noise Ordinance 12 Avoid impervious surfaces greater than 17,000 sf Proposed by applicant 13 New septic plan application Proposed by applicant 14 NCDOT driveway permit required RezoningCase 23 - 24 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 excluding those on the conditions section Mr Newton introduced the case and referenced the information listed above Mr Newton stated surrounding land uses and zonings Mr Newton stated that NCDOTwould require road improvements depending on the proposed use and traffic generated Mr Newton stated that this request was before the Board previously but had been withdrawn 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 the previous request included two buildings , the current request shows one 12,000 square foot building with covered storage Mr Bagley stated that lot three to the north would be the proposed septic area Mr Bagley stated they were pushing the driveway as far as they could to the west away from the I - 40 bridge and would work to get a driveway permit if approved Mr Bagley stated that there was an existing access easement to the rear of the subject property for access to lot two that winds through the subject property Mr Bagley stated they had an affidavit from the property owner of lot two stating support of the project Mr Bagley stated that they would continue to provide access to lot two from the subject property via the new entrance on the left side of the building on the west side of the subject property Mr Hudson asked if that was what was depicted on the left side of the proposed site plan Mr Bagley confirmed Chairman Letchworth asked Mr Bagley if the grayed out area on the proposed site plan was the current path easement to the rear and the proposed easement shown was a new roadway that went north and then circled back to the easement Mr Bagley confirmed Chairman Letchworth asked what was between the roadway and the building Mr Bagley responded pavement and that they were anticipating garage doors on the left side of the building but did not have a floor plan yet 18Page9There was discussion between Chairman Letchworth and Mr Bagley while looking at a drawing of the proposed site plan Chairman Letchworth asked about the limits of one of the paved areas Mr Bagley responded that they were proposing gravel storage in the back and stormwater would be dictated by the numbers when going through the design process Chairman Letchworth asked if there was a fence at the back or just the back edge of the gravel Mr Bagley responded that they planned to fence in the gravel storage area Chairman Letchworth asked about the area to the rear of the gravel between the roadway and the edge of the right - of - way and if it would be grass Mr Bagley responded that was the proposed septic area and untouched Mr Lovering asked about the number of homes or other businesses behind the subject property Mr Bagley responded that it was their understanding that only lot two used the access easement but there were adjacent parcels continuing to the north that are accessed from the north side Chairman Letchworth stated the proposal was for General Business - Conditional Zoning and asked Mr Bagley what uses were requested Mr Bagley responded building materials , business - office , business - wholesale , contractors office with storage yard , government use facility , HVAC shop , machine shop , plumbing and heating Mr Bagley stated that they do not have a lease on the building yet but are hoping for some type of general contractor , electrical contractor , plumbing , HVAC Mr Bagley stated it would be a place where they could park vehicles and have storage and service the community with normal working hours Ms Howard stated that Donna Richardson had the current easement and asked if they would be giving her a recorded easement to go down the side and asked if there was a house back there Mr Newton stated that there was a house currently on the neighboring property Ms Howard asked if that was the one that used the driveway that comes through the subject property Mr Newton confirmed and pointed out the subject property and adjacent lot 2 on MapClick GIS 19Page0Ms Howard asked if Ms Richardson would be given an easement along the left side of the property to get to her house Mr Brian Gower , 33 Pale Stone Dr , Garner , NC , Owner and Applicant , stated that they were not removing the access easement but only rerouting it Mr Sasser asked about the existing driveway and access easement Mr Gower pointed out the existing and proposed locations of the access easement on a drawing of the proposed site plan MsHoward asked if it would be a deeded easement Mr Gower confirmed Mr Gower stated that they took the existing parameters of 20 feet wide and wouldmake it better Chairman Letchworth asked if it was paved all the way back or if the piece on the back was gravel Mr Gower responded that it was gravel now and mainly dirt Mr Gower said the plans were to pave it all the way up to the back edge of the building and then gravel the rest of the way Mr Gower stated that he did have a track record for improving properties MsHoward asked if Ms Richardson wasgood with the proposal Mr Gower responded yes Mr Hudson asked if they were hoping to attract one of the twelve business types that they had highlighted Mr Gower confirmed and stated that he was a general contractor himself and their trades needed places to work Chairman Letchworth asked if they had reviewed the conditions included at the end of the staff report and if they agreed with those conditions Mr Gower confirmed agreement to the conditions There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Newton provided a staff recommendation of denial based on the inconsistency with the Comprehensive LandUse Plan and wide range of uses that this request could entail Staff Recommendation Denial Upon a motion by Mr Sasser to approve Rezoning Case 23 - 24 , seconded by Mr Little , Rezoning Case 23 - 24 was recommended for approval by a vote of 6 - 1 at the November 21 , 2023 Planning Board Meeting , with Mr Crenshaw dissenting 20Page1Rezoning Case 23 - 24 will be heard by the Board of County Commissioners at their January 2024 meeting Conditions 1 The following uses shall be permitted Building material supplies - retail sales , Business - office , Business - wholesale , Contractors office with storage yard , Government use facility , HVAC shop , Plumbing - Heating supply offices storage area Proposed by applicant 2 Hours of operation shall be 7am until 7pm Monday - Saturday 3 Building footprints shownon the site plan are subject to change with the changes being limited to nomore than 20 reduction in gross building area and nomore than 10 increase in building area Proposed by applicant 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 NCDOT driveway permit must be obtained along with any roadway improvements 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 landscape buffer shall be installed along all rezoning lines 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 Discussion Items Chairman Letchworth stated that there were two written decisions for the Board’s review Graham PondRd Tract Owner Steel Bridge Crossing , LLC Developer Steel Bridge Crossing , LLC Surveyor Dalton Engineering & Associates , PA Acreage Lots 213 acres , 17 lots Tax ID # 13D04074 & 13D04074B Address 600GrahamPond Rd The Board reviewed the written decision Upon a motion by Ms Howard to approve the written decision for Graham Pond Rd Tract , seconded by Mr Hudson , and carried by a unanimous vote of 7 - 0 , the written decision for Graham Pond Rd Tract was approved as presented at the November 21 , 2023 Planning Board Meeting ROBMIR Inc Subdivision Owner ROBMIR , Inc 21Page2Developer ROBMIR , Inc Surveyor Alsey J Gilbert , PLS Acreage Lots 424 acres , 4 lots Tax ID # 04D99011C Address 77Old Daughtry Rd The Board reviewed the written decision Upon a motion by Mr Lovering to approve the written decision for ROBMIR Inc Subdivision , seconded by Mr Little , and carried by a unanimous vote of 7 - 0 , the written decision for ROBMIR Inc Subdivision was approved as presented at the November 21 , 2023 Planning Board Meeting Mr Newton spoke concerning the December 2023 Planning Board Meeting scheduled for December 19 , 2023 and took a poll of Board member attendance There was discussion among the Board with consensus that the meeting would be held as scheduled on December 19 , 2023 Chairman Letchworth asked about the January Planning Board Meeting and the possibility of a date change Mr Newton stated that an alternate date and potential change in location for the January Planning Board Meeting would depend on the Board of County Commissioners 2024 Meeting Calendar The Board extended Happy Thanksgiving greetings The meeting ended at 7 54 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 22Page