February 16, 2021 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY P LANNING BOARD Tuesday , February 16 , 2021 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , February 16 , 2021 at 6 00 pm in the Johnston County Public Library , Smithfield , with the following members Present Will Letchworth , Adam Caldwell , Denise B yrd , Brooke Holmes , M ichelle Pace Davis , Matthew Moore - new member , Larry Wood BOCC Representative Absent Allan DeLaine , Nicole Hackler , R ussell Creech , B OE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planning Technician ; Jennifer Slusser , County A ttorney Vice Chairman Letchworth welcomed the new Planning Board member , Matthew Moore Vice Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led by Ms Byrd Approval of the Minutes Upon a motion by Ms Byrd to approve the January 19th Planning Board Minutes , seconded by Ms Holmes and carried by a unanimous vote of 6 - 0 , the January 19th , 2021 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Whitley Farms Subdivision Owner TLE Homes , LLC Developer TLE Homes , LLC Surveyor Bennett Surveying Acreage Lots 5643 acres 5 lots Tax ID 16K03015I Location 100 block of Old Whitley Rd , Mr Marr introduced the case and referenced the a bove information 1PageMr Tommy Edwards , from TLE Homes in Raleigh , Owner Developer , stated that the road is approximately 4 10ths of a mile and there are only 4 homes on the road Most of the people are related to one another except for one family He continued there are no plans to extend the road or any additional traffic planned in the future He explained that they would like to have one driveway for each residence so it would be more becoming to the neighborhood He would also like to do a mailbox at each house instead of a kiosk Mr Newton interjected that the Post Office dictates the kiosk approval There w as a question if the cemetery w as maintained Mr Edwards stated yes , it would be maintained with a 20 ’ easement and would be protected with some trees they will plant There w as no further discussion Staff recommendation is for denial due to driveway access onto Old Whitley Rd He added that NCDOT did state they would allow individual driveways as long as there was 100 ’ of space between them due to the d eadend road Upon a motion by Mr Caldwell to approve Whitley Farms Subdivision , seconded by Ms Byrd and carried by a unanimous vote of 5 - 0 , Whitley Farms Subdivision was approved at the February 16 , 2021 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Complete improvements o r provide performance guarantee 6 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 7 Show shared driveway access e asement and provide statement f or s hared maintenance on Final Plat 8 Driveways shall be separated 500 feet apart 9 Fee - in - lieu of open space shall be paid prior t o recording 10 Provide utility easements a long all lot lines in accordance with LDC Sec 14 - 75 d 3 11 Coordinate with the US Postal Service for the design of and u tilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements 2Page[ Environmental Health ] 12 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 13 A driveway permit and subdivision design approval must b e o btained prior t o construction 14 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet 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 16 100 ’ of spacing between d riveways or s hared d riveways will be required [ Public Utilities ] 17 Stormwater & Erosion Control Permits R equired 18 Stormwater Statement Required 19 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 20 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features 21 Potential Buffers located o n property not s hown on plan - Buffer call will n eed to be completed if not done so already or the buffer will need to be shown on the plan Provide buffer c all with plan submittal 22 Property is limited to 15 impervious area without stormwater management 23 The existing water main a long Old Whitley Rd is a 4 ’ water m ain Therefore , no fire protection is currently provided a nd w ould n ot be required under t he water and sewer policies However , a 6 ” water main extension a nd f ire hydrant installation may be required by the F ire M arshal [ Emergency Services ] 24 Need fire flow report a nd c onstruction plans for f acilities 25 Closest Hydrant is approximately 1135 ’ to lot 5 3PageParrish Hills Subdivision Owner Ginger Sue Parrish and Joy Parrish J ohnson Developer Parrish Hills Surveyor Freedom Firm PC Acreage Lots 6889 acres 10 lots Tax ID 13C03053X Location 17137 NC Hwy 210 Mr Marr introduced the case and referenced the above information He added that Lot 11 must be arranged to where no future home can b e b uilt Mr Carlos Bagley , representing the Applicant , stated they are planning to record 10 lots and the swamp area is unusable Soils have been delineated , he added Ms Kathryn Cotten , 1791 NC Hwy 210 , asked about protection of Minnie Cotton’s property if there is a turn lane or widening allowed Mr Letchworth replied that according to DOT , if they record more than 10 lots then they will have to put in a turn lane Since they are only proposing to record 10 lots , there will not be a need for a turning lane or widening , he concluded Mr Bagley stated they would not put in a t urn l ane unless r equired b y DOT There w as no further discussion Staff recommendation is for preliminary approval Upon a motion by Ms Holmes to approve Parrish Hills Subdivision , seconded by Mr Caldwell and carried by a unanimous vote of 5 - 0 , Parrish Hills Subdivision was approved at the February 16 , 2021 Planning Board Meeting Conditions and Requirements [ 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 f rontage 8 Complete improvements o r provide performance guarantee 9 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 10 Fee - in - lieu of open space shall b e paid p rior to r ecording 4PagePage pageNumber511 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 12 Coordinate with the US Postal Service for the d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 13 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must b e o btained prior t o construction 15 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet and Driveway Access to North Carolina Highways 16 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 17 NCDOT states that if there are m ore than 10 l ots , a l eft turn l ane w ill b e required Lot 11 must be recorded i n a way no future home m ay be b uilt [ Public Utilities ] 18 Stormwater & Erosion Control Permits R equired 19 Stormwater Statement Required 20 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 21 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features 22 Potential Buffers located o n property not s hown on plan - Buffer call will n eed to be completed if not done so already or the buffer will need to be shown on the plan Provide buffer c all with plan submittal 23 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 24 Need fire flow report a nd c onstruction plans for u tilities 5PagePage pageNumber6Steven’s Chapel Rd Subdivision Owner RRT Development , LLC Developer RRT Development , LLC Surveyor Stocks Engineering Acreage Lots 6399 acres 35 lots Tax ID 04N12018A Location 1800 Block of Steven’s Chapel Rd Mr Marr introduced the subdivision a nd referenced the i nformation listed a bove Mr Kevin Varnell , Surveyor , 801 E Washington St , Nashville , NC stated the soils have been evaluated thus the reason for the large acreage on some lots and smaller acreage on others Mr Meryl Hall , 1899 Steven’s Chapel Rd , stated his lot backs up to where some of the new lots will be and he has lived on this property for 32 years He added his neighbors have lived there for 34 or more years He asked if the developer would be willing to put a berm across the back of the four existing lots for screening He is also concerned with what type of homes will be there There is concern with traffic and the need for a turn lane as well A follow up concern is with standing water in the field Mr Marr stated that DOT did not mention a turn lane as of right now Mr Thomas Geoff , 1935 Steven’s Chapel Rd , stated they wish to be good neighbors but he has concerns with standing water and drainage He is concerned with grading with the subdivision and the drainage getting worse He would also like to see a berm placed He concluded by stating a lot of the traffic a re gravel d ump trucks and i t i s dangerous Mr Varnell added that the location of the driveway has been discussed with DOT He stated they will follow the County Stormwater Plan He concluded they would like to reserve the berm at this time but will look at it as an option There w as no further discussion Staff recommendation is for preliminary approval Ms Byrd made a motion to approve but failed for no s econd Mr Letchworth stated there should be an updated t ravel c ount more recent t han 2 014 Mr Varnell stated that DOT has initially looked at this and put a stake in the field where the entrance will be located and they did not recommend a turn l ane 6PagePage pageNumber7Upon a motion by Ms Holmes to table Steven’s Chapel Rd Subdivision for 30 days so there could be more discussions with DOT on the entrance and or need for a turn lane , seconded by Ms Davis and carried by a unanimous vote of 5 - 0 , Steven’s Chapel Rd Subdivision was tabled for 30 days a t t he February 16 , 2 021 Planning Board Meeting Jones Tract 2021 Subdivision Owner Carolina Packers , Inc Developer Steel Bridge Crossings , L LC Surveyor Dalton Engineering and Associates Acreage Lots 15522 acres 92 lots Tax ID 06H06003B , 06H06009A , 0 6H06009B Location 5000 Block of Cleveland R d Mr Marr introduced the subdivision and referenced the information listed above He added that DOT is requesting a turn lane Mr Jerry Dalton , Engineer Surveyor , stated this was submitted before but was pulled The new layout is 92 lots and most lots are almost an acre He added that soils have been approved and there was a TIA submitted He continued there will be curb and gutter and will be consistent with other subdivisions homes in the a rea There w as a question about the VAD l isted nearby Mr Dalton replied that it is Lanny Thomas ’ nursery Ms Holmes wanted to recognize the school overcrowding in that area Staff recommendation is for preliminary approval Upon a motion by Ms Holmes to approve Jones Tract 2021 Subdivision , seconded by Ms Davis and carried by a unanimous vote of 5 - 0 , Jones Tract 2021 Subdivision was approved at the February 16 , 2021 Planning Board Meeting Conditions and Requirements [ 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 f rontage 8 Complete improvements o r provide performance guarantee 7PagePage pageNumber89 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 10 Provide reverse frontage lot buffer along Cleveland Rd 11 Fee - in - lieu of open space shall be paid prior t o recording 12 Provide utility easements a long all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Coordinate with the US Postal Service for the d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 14 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must b e o btained prior t o construction 16 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet 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 R equired 19 Stormwater Statement Required 20 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 21 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features 22 Potential Buffers located o n property not s hown on plan - Buffer call will n eed to be completed if not done so already or the buffer will need to be shown on the plan Provide buffer c all with plan submittal 23 Property is located within t he ESA and limited to 12 i mpervious area without stormwater management 24 401 404 Permits are required for a ny i mpacts [ Emergency Services ] 25 Provide fire access construction details a nd g rade information 26 Provide cul - de - sac dimensions , fire flow r eports , and utility p lans 8PagePage pageNumber9Rezoning and Special Use Case Rezoning Case 21 - 02 Rezoning Petition Agricultural Residential AR to Community Business CB Tax ID 06F04019F Owner Anita & Jose Felix Perez Applicant Gene Lee L & G Farms Location 9 638 Cleveland Rd in Cleveland Township Mr Marr introduced the case and referenced the i nformation listed above Mr Gene Lee , Applicant , stated he would like to move from his current location and continue to sell produce , Christmas trees , pumpkins , etc Mr Marr stated they had received numerous positive comments on rezoning this parcel for this purpose There w as no discussion Staff recommendation is for approval Upon a motion by Mr Caldwell to approve Rezoning Case 21 - 02 , seconded by Ms Holmes , Rezoning Case 21 - 02 was approved by a unanimous vote of 5 - 0 at the February 16 , 2021 Planning Board Meeting Rezoning Case 21 - 03 Rezoning Petition General Business Special Use District GB - SUD to Industrial 2 - Special Use District I2 - SUD Tax ID 07E07199K Owner JKM Realty , LLC Applicant Hunt & Company , Inc , d b a C hemStation , c o Chad W Essick , E sq Location 6 275 NC Hwy 50 in Elevation Township Special Use M anufacturing , including t he b lending of w ater b ased cleaning solutions for containerless delivery to c ustomers Mr Marr introduced the case and referenced the information listed above He added that portions of this property were zoned I - 1 back in the 1999 , 2002 and 2004 Development did not begin until 2005 and uses included contractor’s work site , mini storage , equipment storage , wholesale car and equipment sales lot and a place of worship In 2014 the property was rezoned to GB , he concluded 9Page0Mr Letchworth asked what is in the building now Mr Marr stated it was vacant currently Mr Chad Essick , Pointer Spruill , representing the Applicant , explained the site and the current business The current location is in Smithfield and they wish to move since they have outgrown their current space He recognized others who are present to answer questions He added this use doesn’t really fall into any zoning district in the current ordinance but most of the uses will fall under I - 1 which is less intense than what they originally asked for He concluded that everything is done inside the building and there is nothing being released , there is no waste with everything being used Customers do not come to the site and there are minimal employees Mr Carter Hunt , Applicant , stated they are a third generation family owned business He explained the history of the business and the business work ethic They now have 4 locations currently Their hours are 8 - 5 Monday through Friday He added there is no noise outside the building and very little inside There is one delivery truck that is stored onsite but it leaves to make deliveries all day and returns late afternoon , he continued There is zero waste He stated that the corporate office is based out of Iowa and they come down once a year and make sure everything is done correctly They have never had any neighbor complaints in all their years in business He added that want to stay in Johnston County as they have been since 2007 , they just need to expand from the location where they are now in Smithfield The b oard asked what the chances of a spill are Mr Hunt replied there has never been a spill at any facility they have The fire department has never had to be called and there have never been any issues with any neighbors They are environmentally friendly and have had no hazmat issues Mr Essick reiterated that they would like to request I - 1 vs what application shows of I - 2 and would like to amend the request Mr Kevin Kranz , 246 Kristy Brian Lane , stated that he lives near the site on the same road and he has concerns with the safety and also home values He asked about future owners of that site Mr Letchworth explained what they would be allowed to do on the site and that any future owners would be limited to the same exact use unless they come back before this Board and request something different Mr Hunt stated he understands the concerns Ms Hailey Medlin , 289 Kristy Brian Lane , owns property that backs up to this site She added they have livestock on the property and is concerned about Black Creek as well as safety for kids and animals There w as no further discussion 10Page1Staff recommendation is for denial , due to inconsistency with the Comprehensive plan However , under the new request for I - 1 , staff would r ecommend approval Upon a motion by Mr Caldwell to approve Rezoning Case 21 - 03 to Industrial I , seconded by Ms Davis , Rezoning Case 21 - 03 was approved for Industrial I by a unanimous vote of 5 - 0 at the February 16 , 2021 Planning Board Meeting Mr Marr read the Special Use Conditions Mr Hunt stated that all his comments from the rezoning portion were true and accurate and stand for the special use portion as well Mr Thomas Goodwin , 3447 Redbud Lane , Raleigh , Real Estate Broker , assisted in helping find the location for the facility He spoke about property values and how it will not affect home values He explained the history of the site and businesses that have been located there previously Mr Hunt reiterated that they are very interested in making sure the neighbors are happy and blending in the best way possible w ith the neighborhood Upon a motion by Ms Holmes to approve the Special Use Conditions for Rezoning Case 21 - 03 with the change to # 1 for I - 1 , seconded by Ms Davis , the Special Use Conditions for Rezoning Case 21 - 03 were approved by a unanimous vote of 5 - 0 at the February 16 , 2021 Planning Board Meeting Finding of Facts for the Special U se 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 , a nd general welfare ; Applicant The proposed use will not substantially alter the footprint of the existing development on the site , making use of the existing structures with only minor alterations Additionally , the proposed use will reduce vehicle traffic to the site from its current permitted use and negligible noise All chemicals used in connection with the proposed use are water - based and non - toxic , and because no material is disposed of on - site in connection with the use , the use will not present any environmental concerns or r isks 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 a ll applicable regulations ; Applicant The proposed no waste manufacturing use will comply with all required use and intensity regulations of the Land Development Code , other ordinances and resolutions , and all applicable state a nd f ederal 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 ; 11Page2Applicant The proposed use will be located in substantially the same portions of the property with substantially the same footprint as the existing use , and will , therefore , have no greater impact on the value of contiguous property than the existing use Additionally , the applicant currently operates a total of four facilities with the same proposed use , including one location elsewhere in the County’s zoning jurisdiction Each site , including the existing Johnston County site , has successfully been operated so as to maintain enhance the value of contiguous property for thirteen years 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 B oard o f Commissioners Applicant The proposed use will directly contribute to the expansion of existing businesses located within the county by allowing applicant to expand from its current location , while remaining within the county’s tax base See Comp Plan Obj 3A Indirectly , by increasing applicant’s capacity to produce and make available environmentally friendly products and services to other businesses within the county , the proposed use assists in responsible development county wide The site is provided water service through the Town of Benson , and will remain on septic , so no additional sewer capacity is required for this proposed use Finally , the site is within the secondary growth area on the County’s future land use map , and allowing this proposed use will balance the County’s interests in encouraging economic development and reserving more dense , urban type development , for these areas See Comp Plan p 2 9 Special Use C onditions 1 Permitted Uses To allow for manufacturing , Industrial supplies equipment , sales service including the blending of water based cleaning solutions for containerless delivery to customers 2 The Special Use Permit shall expire 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 Install Class C landscaping buffer Existing natural vegetation may be used if equal or more intense 6 Hours of operation will be M onday t hrough Saturday f rom 7 a m until 9 p m Items in bold were modified by the Planning B oard during their meeting 12Page3Rezoning Case 21 - 04 Rezoning Petition Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 03Q04002C Owner Duke Energy Progress , LLC Applicant Duke Energy Progress , LLC Micah R etzlaff Location 285 Cummins Dr in Beulah T ownship Special Use Public Utility Substation Mr Marr introduced the case and referenced the information listed above He mentioned on the other side of the road from this site i s the T own of Kenly’s jurisdiction Mr Toby Coleman , Representative for Progress Energy , has a full team to answer any questions There w as no discussion Staff recommendation is for approval Upon a motion by Mr Caldwell to approve Rezoning Case 21 - 04 , seconded by Ms Holmes , Rezoning Case 21 - 04 was approved by a unanimous vote of 5 - 0 at the February 16 , 2021 Planning Board Meeting Mr Marr read the Special Use Conditions Mr Coleman explained the area and the existing cell phone tower next to it He referenced Condition # 5 , there is currently no buffering , it is an agricultural field He would like a modification if possible to that particular side , north east side There is an existing vegetative buffer on the other sides , he mentioned Upon a motion by Ms Holmes to approve the Special Use Conditions for Rezoning Case 21 - 04 with the amendment to # 5 to state the south and west sides only , seconded by Mr Caldwell , the Special Use Conditions for Rezoning Case 21 - 04 was approved by a unanimous vote of 5 - 0 at the February 16 , 2021 Planning Board Meeting Finding of Facts for the Special U se 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 , a nd general welfare ; Applicant Duke Energy Progress is sensitive to the placement of substations close to other uses and selected this site in an effort to minimize impacts Area properties are used for commercial businesses and farming operations with no known residences nearby Properties to the west and south will be separated and buffered by an existing wooded area on the subject tract limiting views of the station The nearest area of residential development is more than 1000 ’ to the 13Page4east There are two commercial facilities to the north of the proposed substation , including an automobile service garage and truck stop Immediately east of the subject property is a telecommunication tower site This station will facilitate the availability of reliable electric service that enhances public health and safety In times of disaster , loss of utility service can be restored quickly with modern facilities such as the one proposed Each substation is designed to standards set by IEEE and ANSI Duke’s development of substations with overlapping distribution responsibilities creates redundancy in the system further preserving the safety of the general public The planned utility substation is a public necessity providing commercial service to its customers The substation is not considered a public space and will be designed to promote the health , s afety a nd welfare of t he g eneral public 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 a ll applicable regulations ; Applicant The parcel resides in an Agricultural Residential district The public utility facility use is allowed with a Special Use permit in any zoning district The proposed substation use will not create traffic , noise , odors , or any other detrimental effects that will interfere with allowable , existing and future uses The site will comply with all regulations pertaining to this use 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 The reliability of electrical distribution system in the surrounding area will be improved with the development of the proposed substation Current customers are at the ends of primary distribution lines , but with the new facility , the distance of these primary feeders will be greatly reduced Bringing these stations closer to the customer provides less opportunities for disruptions during natural storm events and the ability to recover quickly should a disruption occur The substation will support the electrical demand of existing customers , but also encourages and supports future growth of the area with excess capacity designed into the station The original selection of this parcel was deliberately chosen as it would maximize distance to off - site uses , both residential and non - residential During the years since acquisition of the property , the general character of the surrounding area has changed little The primary uses are still generally agricultural and commercial In fact , the nearest residential uses are located more than ½ mile east and southeast of the facility location Substations such as the one proposed are designed with public health and safety in mind A gravel driveway will be installed to provide access to the substation facility After initial construction of the station is complete , there will be no full time personnel onsite and it is estimated that the site will only be visited twice per month for maintenance of installed equipment The facility will be secured with an 8 ’ tall fence topped with an anti - climbing device Further , the control building is remotely monitored 24 hours a day , 7 days a week with any unauthorized access 14Page5triggering an automatic notification to local law enforcement As proposed , the substation will not materially endanger the public health or safety of the community 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 B oard o f Commissioners Applicant The location of the proposed substation is in a rural area separated from residential uses The nearest building is a service garage north of the subject parcel In addition to nearby commercial uses , the property immediately to the east is used for a wireless telecommunication tower Encouraging and allowing these compatible , non - residential uses to be developed in this geographic area meets the intent of the Johnston County Land Development Code , including those provisions in Article IV , Special Uses Proposed substation plans will abide by Johnston County’s codes and regulations The remote , unobtrusive location of the site , and the quiet character of the substation’s use , will be in conformity with the Town’s Land Use Plan and other comprehensive planning elements published by the Town While not a requirement of any county ordinance or development policy , Duke Energy’s proposed facility may also have the effect of fostering economic development in the County The same features of the substation that make it a necessity for the current customers , such as modern electrical facilities and proximity to the station site , are also attractive to industrial and commercial enterprises As the Town of Kenly and Johnston County economic development offices seek to entice companies to locate their facilities here , this substation can and should be marketed as a benefit to those looking for nearby reliable and safe power When coupled with the County’s central location in the state and with direct access to the interstate highway system , this facility can be a key part of a strategic and comprehensive plan to encourage growth in the area Specific Land Uses APPLICANT P ublic Utility Substation Special Use C onditions 1 Permitted Uses To allow for a Public Utility substation 2 The Special Use Permit shall expire 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 Install Class B landscaping buffer excluding north and east boundaries Existing natural vegetation may be used if equal o r more i ntense 6 The area housing all the equipment shall be enclosed within an 8 ’ screen fence topped with barbwire 15Page6 Items in bold were changed b y t he Planning Board during their meeting The m eeting ended at 7 55 pm Respectfully submitted by _______________________________________ Stephanie Richter , Secretary for the Board 16Page