September 17, 2024 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THEJOHNSTONCOUNTYPLANNING BOARD Tuesday , September 17 , 2024 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , September 17 , 2024 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Michelle Davis , Brooke Holmes , Debbie Howard , Freddie Hudson , Will Letchworth , Timothy Little , Gary Lovering , Jay Sasser Absent Jared Crenshaw , BOCC Representative , BOE Representative Also present Braston Newton , Director ; Todd Marr , Senior Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led byMr Hudson Approval of the Minutes Upon a motion by Ms Holmes to approve the August 20 , 2024 Planning Board Minutes , seconded by Mr Sasser , and carried by a unanimous vote of 8 - 0 , the August 20 , 2024 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Raynor Sands Phase2 Owner Anastasia Perez Martinez Developer None Listed Surveyor Engineer Jimmy Barbour Surveying , PA Acreage Lots 2674 acres , 1 lots Tax ID # 09I17020S Address 115 Raynor Sands Dr Chairman Letchworth stated that the Applicant for Raynor Sands Phase 2 requested that it be tabled until the October 2024 Planning Board Meeting Upon a motion by Ms Holmes to table Raynor Sands Phase 2 until the October 2024 Planning Board Meeting , seconded by Mr Hudson , Raynor Sands Phase 2 was tabled until the October 2024 Planning Board meeting by a unanimous vote of 8 - 0 at the September 17 , 2024 Planning Board Meeting EvansRd Tract Owner Bennett Cherrie Farm Place , LLC Developer Bennett Cherrie Farm Place , LLC Surveyor Engineer Hall Land Surveying , Inc 1PageAcreage Lots 4513 acres , 27 lots Tax ID # 12O09038 & 12O09038W Address 1488 Evans Rd Mr Hudson recused himself from voting on this subdivision Upon a motion byMsHolmes to recuse Mr Hudson , seconded byMs Howard , the recusal of Mr Hudsonwas approved by a unanimous vote of 7 - 0 at the September 17 , 2024 Planning Board Meeting Mr Marr introduced the subdivision and referenced the above information Mr Merle Hall , 1899 Stevens Chapel Rd , Smithfield , NC , Surveyor , stated the particulars of the subdivision and was present to answer any questions from the Board Mr Hall stated that the back of the subject property was wetlands and the plan was to leave it in a natural state and only develop the front of the subject property There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Ms Davis asked about the mail kiosk MsHolmes responded that the mail kiosk was shownon Street B Chairman Letchworth responded that the mail kiosk wasshown near lot 14 Staff Recommendation Approval Upon a motion by Ms Holmes to approve Evans Rd Tract , seconded by Mr Little , Evans Rd Tract was approved by a unanimous vote of 7 - 0 at the September 17 , 2024 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 2Page10 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 19 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 Property is limited to 15 impervious area without stormwater management 22 Construction plans will have to be submitted and approved for waterline construction [ Emergency Services ] 23 Provide topographic information 24 Provide road and cul - de - sac details 25 Provide a fire flow test 26 Provide fire hydrant distribution plan layout River Wynd Owner Johnny P Weaver Jr & Tamar Weaver Developer Kirby Marshburn Building Corp Surveyor Engineer Sanderson Engineering Inc 3PageAcreage Lots 7725 acres , 60 lots Tax ID # 11N05057B Address 1418 Bluegrass Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that this parcel is not within the ESA , however a floodplain appears on a portion of the parcel Mr Marr also stated that a reverse frontage buffer is required for lots backing up to Bluegrass Rd Mr Steven Sanderson , 105 Lake Dr , Wendell , NC , Sanderson Engineering Inc , stated the particulars of the subdivision and was present to answer any questions from the Board Mr Sanderson stated that they have delineated the wetlands on the site and no wetland permits will be needed since they are avoiding contact with the wetlands Mr Sanderson stated that the County had been on - site to check for riparian buffers and there is one on the property that runs across the northeast corner of the subject property , as well as a riparian buffer for the Little River that runs along the back of the subject property Mr Lovering asked about the existing access to the cemetery Mr Sanderson responded that there is an existing path that will be maintained or modified to keep access to the cemetery MsHolmes asked about the infant headstone Mr Sanderson responded that the infant headstone was found by their surveyor Mr Sanderson stated that the plan was to leave it with no intention of moving it Mr Sanderson stated that he placed a property line on it so that it would not be ownedby any one future homeowner Mr Sanderson stated that the intention was for the infant headstone to remain forever Ms Connie Hallman , 1540 Bluegrass Rd , Selma , NC , nearby property owner , asked about the 1159 acres of open space required Chairman Letchworth stated that there is a requirement for open space or a fee - in - lieu can be paid in lieu of providing that open space Chairman Letchworth stated that the Applicant has proposed to pay the fee - in - lieu rather than provide the open space Ms Hallman asked if there would be any buffer , berm , or fencing along lots 54 , 55 , and 56 which abuts her family’s cemetery Chairman Letchworth stated that they would ask the Applicant and that buffers are not required in the County Ordinance between like uses Chairman Letchworth stated that since both properties are agricultural residential zonings , there is not a requirement for a buffer but that sometimes they are voluntarily provided Ms Hallman stated that both ends of Bluegrass Rd are “ T ” intersections and asked if a turn lane or any road reconfiguration would be required for the proposed subdivision and expressed concerns for traffic 4PagePage pageNumber5Chairman Letchworth stated that the Applicant would have to apply for a NCDOT driveway permit to allow for the roadway to be put in Chairman Letchworth stated that NCDOT at that time would make any requirements for turn lanes and things of that nature Ms Hallman stated that there is a culvert in front of lot 58 and that it does flood on occasion when there is a lot of rain and asked if that would be addressed Ms Hallman also asked about an HOA Mr Cliff Holloman , 1300 Bluegrass Rd , Selma , NC , adjacent property owner , expressed concern for going from zero neighbors to twenty neighbors along the one adjoining property line Mr Holloman asked if the Developer would consider a landscape buffer down the back property line for lots 3 through 22 MsHoward asked for clarification about the location of Mr Holloman’s property Chairman Letchworth asked about the VAD located further south of the subject property and Mr Holloman’s property MsHolme’s asked if Mr Holloman’s property was in the VAD Mr Holloman responded no and pointed out the location of his property Ms Deanna Grice , 2350 Old Beulah Rd , Selma , NC , adjacent property owner , expressed concern for the wetlands and about the proposed lots within the floodplain Chairman Letchworth stated that it did not appear that the development plan included any impacts to the wetland from the infrastructure and roadway or any crossings of the wetlands Chairman Letchworth stated that the wetlands would be included on various lots Ms Grice asked if future homeowners would be told about the requirements concerning the wetlands There was a response from the audience Ms Howard stated that when selling a lot , it has to be disclosed when there are wetlands on the lot but the future buyer does not have to be informed on what they can and cannot do on the property Ms Howard stated that it is up to the buyer to find out what they can and cannot do Ms Howard asked about wetlands on the subject property and stated that the 100 year floodplain is shownon the preliminary plat There was a response from the audience about wetlands on the subject property Ms Grice expressed concern for the preservation of the land 5PagePage pageNumber6Ms Davis asked about a shown path on the preliminary plat Ms Grice stated that the existing path that is on both her property and the subject property will still need to be accessed Ms Davis stated that it looked like the path crossed lots 55 and 56 and wanted to know if the path would be changed Ms Grice stated that she uses the path to access her land Mr Sasser asked if she could drive on the path Ms Grice responded yes and it goes all the way to the river Ms Grice stated that she and her sister , as well as the farmer that tends the land , uses the path to access the land Ms Howard spoke about the location of the path being primarily on Ms Grice’s land with a small portion being on the subject property There was discussion among the Board Chairman Letchworth asked if the path was in a recorded easement Ms Grice stated that the path was in a recorded easement and had been there long before she was born Ms Howard stated that the preliminary plat showed it as a path and not a recorded easement Ms Davis asked to see the path on MapClick GIS Chairman Letchworth asked Mr Sanderson about any planned buffers and any expected improvements required byNCDOT Mr Sanderson stated that there will be a buffer along the road because of the requirement and that he would talk to the Developer about something for the cemetery Mr Sanderson stated that he had a conversation with NCDOT and that there would be no turn lane required and no road improvements required Chairman Letchworth asked about the culvert under Bluegrass Rd Mr Sanderson responded that it is 36ft of an 18 - inch culvert and that it would be checked as all pipes are checked that are adjacent to or a part of the network in a subdivision Mr Sanderson stated that if any improvements would be required that they would be addressed Mr Sanderson stated that the ditch that runs to the culvert is a riparian buffered stream and it is going to flood at least once every two years Mr Sanderson stated that it is supposed to and that was the reason for the buffer because of the size of the drainage area and the amount of water and groundwater that flows through it Mr 6PagePage pageNumber7Sanderson stated that he has performed a cursory look at it and will do a detailed study of the floodplain Mr Sanderson stated that he spoke with Ms Hallman about what happens during a big rain and that the road does not get over topped which leads Mr Sanderson to believe the pipe is properly sized Chairman Letchworth asked if there would be an HOA for the proposed subdivision Mr Sanderson responded no Chairman Letchworth asked if the path was a recorded easement Mr Sanderson responded no , not in the courthouse Mr Sanderson stated that it is called an easement by prescription or a cart path and he does not know if the requirement is for 7ft or 8ft but it is a small width Mr Sanderson stated that he would speak with Ms Grice should the proposed subdivision be approved Mr Sanderson stated that he would discuss with her about moving the path onto her property or putting an easement around the existing path Mr Sanderson stated that it would be small and be an easement by prescription MsHoward asked if it would just be at the back of the two lots Mr Sanderson responded yes Mr Sanderson stated that they have no intention of cutting them off and that they can make improvements to the path to keep it all on Ms Grice’s property so they don’t have to deal with any future neighbors Mr Holloman asked about the size of homes in the proposed subdivision and recommended an HOA Mr Sanderson stated that what was in the stormwater statement was that the houses may be up to 3,000 square feet and that the price of these lots and the final product will be in the 400,000 to 500,000 range There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Staff Recommendation Approval Upon a motion by Mr Little to approve River Wynd , seconded by Ms Howard , River Wynd was approved by a unanimous vote of 8 - 0 at the September 17 , 2024 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 7PagePage pageNumber82 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 Provide reverse frontage lot buffer along Bluegrass Road 12 Fee - in - lieu of open space shall be paid prior to recording 13 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 14 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 15 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 19 Stormwater & Erosion Control Permits Required 20 Stormwater Statement Required 21 Wetlands should be delineated and shownon the plan if any are present as well as any jurisdictional features and buffers A buffer call will be required 22 Property is limited to 15 impervious area without stormwater management 23 Construction plans will have to be submitted and approved for waterline construction [ Emergency Services ] 8PagePage pageNumber924 Provide road and cul - de - sac details 25 Provide topographic information 26 Provide a fire flow test 27 Provide fire hydrant distribution plan layout Special Uses Public Forum Only - NoVote RezoningCase 24 - 21 Special Use Request Petition to request a Special Use Permit Tax ID 03O05018B Owner Margie W Creech Applicant Network Towers II , LLC Location 3000 Block of Shoeheel Rd SR 2127 in the Beulah Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated the existing land use and surrounding land uses Mr Marr stated that the area is located within a designated “ Agricultural Area Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan Mr Marr stated that the County’s technical consultant has reviewed the request Mr Thomas Johnson , Attorney representing Network Towers II , LLC , stated the particulars of the request and was present to answer any questions from the Board Mr Johnson stated that the request is for a 280ft with 4ft lightning rods self - supporting tower Mr Johnson stated that the plan was to put in a grove of trees on the site to hide the tower as much as possible Mr Johnson stated that Verizon would be the anchor tenant MsHolmes asked about the required lighting for the tower Mr Johnson responded that it would be midpoint lighting and top of tower lighting , dual mode meaning strobes in the daytime and red at night Mr Johnson stated that he didn’t think the midpoint light had to flash Mr Johnson stated the top will be a beacon and it will all be specific according to FAA requirements There wasno further discussion Staff Recommendation Denial , due to the waiver requests not meeting the standards set forth in Section 14 - 257 O 14 of the Johnston County Land Development Code dealing with setbacks for wireless communication towers Rezoning Case 24 - 21 will be heard by the Board of County Commissioners at their November 4 , 2024 meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed wireless telecommunication facility has been sited and designed to maintain promote the public health , safety , and general welfare by 9Page0improving voice and data usage in the surrounding area According to 911 gov over 81 of 911 calls are madeby wireless devices Cellular usage is the primary form of communication for most people today 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant The proposed wireless telecommunication facility will comply with all regulations and standards generally applicable with the zoning district AR - Agricultural Residential Additionally , the proposed use will meet the requirements and design standards governing wireless telecommunication facilities found in Section 14 - 257 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 proposed wireless telecommunication facility is a use that is a public necessity as cellular use is the primary form of communication for most people today The proposed use will allow students to have access to the latest educational opportunities , allow employees the opportunity to work from home , allow local business and emergency workers to communicate effectively 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The proposed wireless communication facility is a use that will be consistent with Johnston County general plans for development of the county In today’s society , reliable wireless service is a necessity for residents , students , business and emergency personnel The use will provide Verizon with the needed infrastructure to expand their wireless service footprint within the county Specific Land Uses APPLICANT Proposed installation of a 284 ’ telecommunications self - support lattice tower inside a 75 ’ x75 ’ fenced in compound The wireless telecommunications facility will be located within a 100 ’ x100 ’ lease area Special Use Conditions 1 Permitted Uses Proposed installation of a 284 ’ telecommunications self - support lattice tower inside a 75 ’ x75 ’ fenced in compound The wireless telecommunications facility will be located within a 100 ’ x100 ’ lease area 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 10Page15 Installation of a Class B landscape buffer along the outer perimeter of the chain - link security fence surrounding the base of the tower 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if more intense than the buffer requirement 6 All feed lines shall be installed within the support structure and antenna ports shall be sealed in a manner to prevent access by birds and any other wildlife 7 The proposed structure shall not be lighted unless FAA requires 8 At the time of permitting , the Applicant shall provide a structural analysis signed by a North Carolina Professional Engineer to comply with ANSI EIA TIA - 222 - G as amended for Johnston County for the approved number of antenna arrays 9 The facility shall be constructed so that access is only attainable by qualified personnel Rezoningand Conditional Zoning Cases RezoningCase 24 - 22 Rezoning Petition Agricultural Residential AR to Industrial - 1 I - 1 Tax ID 05J05012R Owner Novo Nordisk Pharmaceutical Industries , LP Applicant Novo Nordisk Pharmaceutical Industries , LP Location 188 acre tract located at 2735 Powhatan Rd in the Clayton Township Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned AR and used for agricultural and residential purposes Mr Marr spoke about the surrounding land uses Mr Marr stated that the area is located within a designated “ Employment Center ” Future Land Use Placetype on the County’s Envision Johnston 2040 Comprehensive LandUse Plan Ms Li - Ling Wilford , Attorney for Novo Nordisk , stated the particulars of the request and was present to answer any questions from the Board There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency Staff Recommendation Approval Upon a motion by Mr Little to approve Rezoning Case 24 - 22 , seconded byMr Hudson , Rezoning Case 24 - 22 was recommended for approval by a unanimous vote of 8 - 0 at the September 17 , 2024 Planning Board Meeting Rezoning Case 24 - 22 will be heard by the Board of County Commissioners at their November 4 , 2024 meeting Consistency Statement 11Page2This request is consistent with the Comprehensive Land Use Plan in that it is located within a designated “ Employment Center ” Future LandUse Placetype It also aligns with Goal ED - 1 which is “ Expand job opportunities in the county ” Discussion Items There were two written decisions for the Board’s review Parrish Memorial Rd Tract Owner Linda V Lassiter Family Estate Trust Developer RRT Development , LLC Surveyor Stocks Engineering , PA Acreage Lots 3894 acres , 35 lots Tax ID # 10O08016 Address 600 Block of Parrish Memorial Rd The Board reviewed the written decision Upon a motion by Mr Sasser to approve the written decision for Parrish Memorial Rd Tract , seconded by Ms Holmes , and carried by a unanimous vote of 8 - 0 , the written decision for Parrish Memorial Rd Tract was approved as presented at the September 17 , 2024 Planning Board Meeting Selma Residential Owner Jeanne & Scott Penny Developer Brad Gordon Surveyor Austin Jackson , Kimley - Horn Acreage Lots 2499 acres , 22 lots Tax ID # 11M08025,11M08025D , & 11M08026B Address 752OldMoore Rd The Board reviewed the written decision Upon a motion by Ms Holmes to approve the written decision for Selma Residential , seconded by Ms Howard , and carried by a unanimous vote of 8 - 0 , the written decision for Selma Residential was approved as presented at the September 17 , 2024 Planning Board Meeting The meeting ended at 6 30 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 12Page