November 19, 2024 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , November 19 , 2024 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , November 19 , 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 , Timothy Little , Gary Lovering , Jay Sasser Absent Jared Crenshaw , Debbie Howard , Freddie Hudson , Will Letchworth , BOCC Representative Also present Braston Newton , Director ; Todd Marr , Senior Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney ; Kevin Donovan , BOE Representative Vice - Chair Davis opened the meeting at 6 00 pm with the Pledge of Allegiance led by Mr Little Approval of the Minutes Upon a motion by Ms Holmes to approve the October 15 , 2024 Planning Board Minutes , seconded by Mr Little , and carried by a unanimous vote of 5 - 0 , the October 15 , 2024 Planning Board Minutes were approved as presented Discussion of January 2025 Planning Board Meeting Date Vice - Chair Davis stated that the January 2025 Planning Board Meeting needed to be moved due to a conflict with the Johnston County Board of Commissioners Meeting scheduled on January 21 , 2025 There was discussion among the Board concerning possible dates Upon a motion by Ms Holmes to move the January 2025 Planning Board Meeting to Tuesday , January 28 , 2025 , seconded by Mr Sasser , the change in date of the January 2025 Planning Board Meeting was approved by a unanimous vote of 5 - 0 at the November 19 , 2024 Planning Board Meeting Vice - Chair Davis announced that the Wheeler Tract Preliminary Subdivision had been withdrawn by the Applicant Vice - Chair Davis stated that Case TXT 24 - 02 and Case 24 - 28 requested to be tabled until the December 17 , 2024 Planning Board Meeting Upon a motion by Mr Little to table Case TXT 24 - 02 until the December 17 , 2024 Planning Board Meeting , seconded by Mr Sasser , Case TXT 24 - 02 was tabled by a unanimous vote of 5 - 0 at the November 19 , 2024 Planning Board Meeting 1PageUpon a motion by Ms Holmes to table Case 24 - 28 until the December 17 , 2024 Planning Board Meeting , seconded by Mr Little , Case 24 - 28 was tabled by a unanimous vote of 5 - 0 at the November 19 , 2024 Planning Board Meeting All speakers were sworn in Subdivisions Hammer Tract Owner Two Forty - Two - Lan , LLC Developer Two Forty - Two , LLC Surveyor Engineer Dalton Engineering & Associates , PA Acreage Lots 2234 acres , 20 lots Tax ID # 01F11064H Address 1600 Block of NC HWY 242 S Mr Marr introduced the subdivision and referenced the above information Mr Marr stated the subdivision was tabled at the October 2024 Planning Board Meeting Mr Jonathan Barnes , 446 E Main St , Clayton , NC , Dalton Engineering and Associates , stated the particulars of the subdivision and was present to answer any questions from the Board Mr Barnes stated that the proposed street is to be designed up to NCDOT standards and a mail kiosk will be located within the proposed subdivision Mr Barnes presented a revised preliminary plat depicting the surveyor’s location of the pond and clarified that the pond is located entirely on the adjacent property Mr Barnes stated that there is a 50 ft riparian buffer around the perimeter of the pond and that the buffer does extend onto the back of some of the proposed lots Ms Holmes asked if a buffer was planned between the proposed lots and the pond Mr Little stated that there could be challenges placing something within the riparian buffer Mr Barnes responded that the area currently appears to be maintained by mowing or partially farmed Mr Barnes stated that the portion that is currently being farmed would probably be converted into grass for the proposed lots ’ backyards and maintained by the future homeowners Mr Lovering asked if the pond’s owner had been contacted and if discussions had been had about the pond’s owners ability to maintain the pond along the back side of the property line Mr Lovering asked if the pond’s owner would have access to the backside of the proposed lots for maintenance of the pond Mr Barnes responded that the pond’s owner had not been contacted and that the pond’s owner would be able to still maintain everything on his property Mr Lovering asked about the survey line coming up to the edge of the water 2PageMr Barnes responded that the property line does get close behind proposed lot 19 Mr Barnes stated that the surveyor was calling out that the pond and water is entirely on the adjacent property Mr Little discussed established property lines versus proposed lot lines Mr Sasser asked about the future homeowner’s responsibility to maintain their property up until the water’s edge Mr Lovering asked about the future homeowner thinking they have access to the pond if they are responsible for maintaining up to the pond Ms Holmes expressed concern with four proposed lots bordering the pond Mr Barnes responded that no future homeowner in the proposed subdivision would have legal access to the pond unless they were to get permission from the adjacent landowner Mr Barnes stated that there is no proposed access to the pond Ms Shannon Austin , 54 Austin Ln , Newton Grove , NC , adjacent property owner , spoke in favor of the proposed subdivision and expressed concerns for liability concerning the pond on their property Ms Austin stated that they want to make sure they can maintain the pond Mr Lovering asked Ms Austin if they maintain the side of the pond where the subdivision is proposed Ms Austin confirmed and stated that they are aware that they’ve maintained an area that is not their property but that they’ve always just maintained the pond up to the field Ms Austin asked about liability for the pond and expressed concern Ms Davis recommended that the pond owner post no trespassing signs There was no further discussion Vice - Chair Davis 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 Hammer Tract , seconded by Mr Lovering , Hammer Tract was approved by a unanimous vote of 5 - 0 at the November 18 , 2024 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 3Page2 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 19 Stormwater Statement Required 20 Wetlands should be delineated and shown on 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 a fire flow test 4PagePage pageNumber524 Provide fire hydrant distribution plan layout Wheeler Tract Owner David R Wheeler Developer Steel Bridge Crossing , LLC Surveyor Engineer Dalton Engineering & Associates , PA Acreage Lots 4321 acres , 28 lots Tax ID # 07E06037 Address 252 Langdon Rd Wheeler Tract Preliminary Subdivision was withdrawn by the Applicant LOLAS Subdivision Owner LOLAS , LLC Developer Mattamy Homes Surveyor Engineer Jon Eakins McKim & Creed Acreage Lots 6766 acres , 48 lots Tax ID # 05H05030 & 05H05030C Address 3307 Little Creek Church Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that this parcel is within the ESA , however no floodplain appears on the parcel Mr Jon Eakins , 4300 Edward Mills Rd , Raleigh , NC , McKim & Creed , stated the particulars of the subdivision and was present to answer any questions from the Board Mr Eakins stated that there would be no curb and gutter in the road design , there would be public water , and there would be individual septic on each lot Mr Eakins spoke about the 70 ft setback on Little Creek Church Rd Vice - Chair Davis asked about a notation for the Voluntary Agricultural District on the preliminary plat Vice - Chair Davis asked about the open space Mr Eakins responded that the stream buffer would remain undisturbed along the western property boundary and is not counted as part of the open space Mr Eakins stated that the open space was along the buffer and along the eastern property boundary along the road Mr JW Langham , 73 Raven Hill Ct , Clayton , NC , adjacent property owner , asked about the septic systems for the proposed subdivision and if they would have proper repair areas Vice - Chair Davis responded that it would be part of the County’s approval process Mr Langham expressed concerns with existing septic issues at neighboring properties Mr Langham expressed concern for a rotting tree on the subject property 5PagePage pageNumber6Mr Andrew Wagner , 111 Jessica Dr , Clayton , NC , adjacent property owner in Logan’s Run Subdivision , asked about buffers and drainage and expressed concerns for existing drainage problems Mr Rick Shanks , 3323 Little Creek Church Rd , Clayton , NC , adjacent property owner , expressed concern for increased traffic since 2018 and expressed concern for water drainage Mr Shanks expressed a desire to preserve rural areas Mr Shanks requested a buffer and asked about a berm and fence along the roadway Mr Shanks requested one entrance instead of two entrances off of Little Creek Church Rd Ms Michelle Love , 74 Trellis Cr , Clayton , NC , adjacent property owner in Trent Woods , asked about the impact of the proposed subdivision on her property Ms Love expressed concerns for the construction and increased traffic and spoke in opposition of the proposed subdivision Mr Tom Eure , 812 Creekside Dr , Clayton , NC , adjacent property owner , asked about the maintenance of the stormwater management pond shown on the preliminary plat Mr Shanks asked about a buffer , berm , and fence along the property line between his house and the proposed subdivision Vice - Chair Davis asked Mr Eakins about the two entrances for the proposed subdivision and asked about a buffer along Little Creek Church Rd Mr Eakins responded that there is a setback along Little Creek Church Rd and there are no plans for a fence or landscaping at this time Vice - Chair Davis spoke about the County not requiring a buffer between like uses and asked Mr Eakins if there was a proposed buffer or fence along the back property lines Mr Eakins responded that there were no plans at this time and that it would be up to the developer Vice - Chair Davis asked about a HOA Mr Eakins confirmed that there would be a HOA for the proposed subdivision and that the HOA would be responsible for maintaining the stormwater management pond Vice - Chair Davis asked about the maintenance of the open space Mr Eakins responded that the HOA would maintain the open space Vice - Chair Davis asked about the tree on the edge of the subject property Mr Eakins responded that the developer may be able to do something about the tree Mr Sasser and Vice - Chair Davis asked about the drainage concerns 6PagePage pageNumber7Mr Eakins responded that they would study that at the time of construction drawings and have not gotten to that level of detail Mr Little asked about the maintenance of the tree lines on the north and south Mr Eakins responded that there are some trees in the center and west portion of the site and two - thirds to half of those trees would remain Mr Little spoke about a berm not being required between two like properties Vice - Chair Davis stated that a note needed to be added to the plat for the nearby Voluntary Agricultural District and also spoke about the mail kiosk shown on the preliminary plat Mr Eakins stated that there was one mail kiosk currently proposed and that the developer may choose to add another Mr Sasser asked about lot size Mr Eakins confirmed that the proposed subdivision is meeting the 40,000 sq ft lot size minimum as required in the ESA There was no further discussion Vice - Chair Davis asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Vice - Chair Davis noted the enrollment and capacity numbers for the school district as shown in the staff report Staff Recommendation Approval Upon a motion by Mr Sasser to approve LOLAS Subdivision , seconded by Mr Little , LOLAS Subdivision was approved by a unanimous vote of 5 - 0 at the November 18 , 2024 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 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 7PagePage pageNumber89 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 [ Public Utilities ] 19 Stormwater & Erosion Control Permits Required 20 Stormwater Statement Required 21 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 22 Property is located within the ESA and limited to 12 impervious area without stormwater management 23 Construction plans will have to be submitted and approved for waterline construction [ Emergency Services ] 24 Provide details on grade and access road surface meeting 75,000 lb weight requirement 25 Provide cul - de - sac details 26 Provide a fire flow test 27 Provide fire hydrant distribution plan layout 8PagePage pageNumber9Special Uses Public Forum Only - No Vote Rezoning Case 16 - 04 MOD aka 24 - 29 Special Use Request Petition to modify an existing SUP that is zoned Agricultural Residential - Special Use District AR - SUD Tax ID 12O09049F Owner Carolina Power and Light Applicant Tower Engineering Professionals Duke Energy Location 4407 Bizzell Grove Church Rd in the Boon Hill Township Special Use Request To add communications tower as an allowed use to the existing SUP Mr Marr introduced the case and referenced the information listed above Mr Marr stated that it was a request for a modification to an existing electrical substation that was approved in 2016 Mr Marr stated the existing land use and surrounding land uses Mr Marr stated that the county’s technical consultant had reviewed the request Mr Marr stated that the area is located within a designated “ Rural Living Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan Ms Amy Crout , 150 Fayetteville St , Raleigh , NC , Attorney with Smith Anderson representing Duke Energy , stated the particulars of the request and was present to answer any questions from the Board Ms Crout stated that Aaron Cook from Duke Energy was also present Ms Crout stated that all of the original special use conditions will remain in place Ms Crout stated that the request is for a cambium pole that is a 120 ft tower with a wireless device on top that will be used solely for Duke’s internal purposes Ms Crout stated that there will be no collocations on the tower Ms Crout stated that the tower securely transfers data from one substation to another Ms Crout stated that the substation site is usually visited once a month for routine maintenance and that would not change with the installation of the pole Ms Crout stated that the pole would be located within the existing substation fencing Ms Crout provided a presentation to the Board There was no further discussion Staff Recommendation Approval Rezoning Case 16 - 04 MOD aka 24 - 29 will be heard by the Board of County Commissioners at their January 2025 meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that the tower height is allowed in this land use area The request is reasonable and in the public interest in that , the use can be limited in scope using special conditions and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public 9Page0Finding 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 request is part of Duke Energy’s important electric reliability enhancement project that includes installation of the proposed wireless communication tower within its existing electrical substation on the property This network and infrastructure upgrade is located , designed , and proposed to be operated so as to promote the public health safety , and general welfare The proposed tower is an important part of Duke’s day - to - day operations and is required to support Duke’s SmartGrid , the new generation of energy grid supported by digital technology This upgrade will provide additional security for Duke assets , as the tower will securely transmit data to and from substations and support the smart technology improvements made to increase reliability and quality of service to customers This project will enhance Duke’s ability to supply power efficiently and safely throughout the region and improve outage recovery times during storms with new smart technology , as the tower will enable the use of Duke’s Land Mobile Radio system - a tool that Duke’s first responders use to help make repairs to its critical infrastructure when restoring service to customers To accomplish these goals , the tower must be tall enough to communicate in a direct line of site to other existing Duke tower structures that connect across the state To securely collect data and control Duke equipment , Duke does not co - locate it’s equipment on non - Duke communications towers and , except in rare circumstances , Duke does not allow co - location on Duke communication towers Overall , the proposed tower helps support a smarter grid and will not materially endanger the public health or safety , as it provides an essential communication function following major storms , offering a reliable platform to communicate important messages and information during the power restoration process This request supports Duke’s commitment to providing customers with safe , reliable , affordable , and increasingly clean energy in Johnston County and throughout Duke’s service area 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 tower will be used to aid in the function of the existing electrical substation on the property , and Duke views tower as an accessory use to its existing substation As the pole will be using an unlicensed microwave band , it is exempt from FCC regulations Duke shall maintain the proposed tower in a safe manner , and in compliance with all conditions of the special use permit , without exception , unless specifically granted relief by the board in writing , as well as all applicable and permissible local codes , ordinances , and regulations , including any and all applicable County , State , and Federal laws , rules , and regulations Additionally , the construction of the wireless telecommunications facilities is legally 10Page1permissible , including , but not limited to the fact that Duke is authorized to do business in the state 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 tower will be located within Duke’s substation and the monopole design was chosen as the least intrusive and most aesthetic option The tower will not be painted and will constructed of galvanized steel which conforms aesthetically with the other equipment and distribution towers in the substation Additional component , material and substantial evidence will be presented at the quasi - judicial hearing that the proposed tower is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property As outlined in response # 1 , this project is important to ensure its systems operate efficiently to meet customer needs and is a public necessity 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 tower development conforms with general plans for the physical development of the County’s planning jurisdiction , as it will be installed within Duke’s existing chain - linked fenced substation and is designed to conform aesthetically with the other equipment within the substation All forms of land use residential , commercial , civic , recreational , industrial , etc rely on electrical power and a stable power grid to support their daily needs The proposed tower helps ensure reliable energy and will enhance public safety , economic development , and quality of life As such , the development of the proposed tower is in direct alignment with the overarching goals of the Johnston County Comprehensive Land Use Plan , and specifically supports the goals ensuring that “ utility service provision is cost - effective and equitable ” and “ improve [ ing ] emergency response and increase [ ing ] resiliency ” Specific Land Uses APPLICANT Public Utility existing electrical substation0 & Communication pole Special Use Conditions 1 Permitted Uses Add communications tower as an allowed use to the existing SUP 2 All other conditions of the existing SUP will remain the same Rezoning and Conditional Zoning Cases Rezoning Case 24 - 27 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E02076 , 06E02015A , 06G05014 , & 06E02015 11Page2Owner Dorothy Hall , Joan & Glenwood Parrish & James Hall Applicant Patrick Riley Location 4328 acre tract located in the 11700 Block of Cleveland Rd in the Cleveland Township Conditional Zoning Request Commercial Flex space Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned Agricultural Residential AR and used for those purposes Mr Marr spoke about the surrounding land uses Mr Marr stated that the area is located within a designated “ Regional Mixed Use ” Future Land Use Placetype in the Envision Johnston 2040 County Comprehensive Land Use Plan These centers are intended to be centers of activity that include a mix of retail , restaurants , service , civic and institutional uses Residential units may be at the periphery of development but are not the primary use Mr Marr stated that a Traffic Impact Analysis was completed and the recommendations are shown as item # 9 in the conditions Mr Lovering asked about a schedule for NCDOT project 6208 Mr Little responded that it was included in the TIA and coordinated with the developer and that the TIA includes the school Mr Little stated that 6208 leaves that area and ties back into NC 42 Mr Lovering asked about Marvin Farm Rd Mr Little responded that it was access to an existing property Mr Little stated that there is another NCDOT project for the widening of Cleveland Rd to Barber Mill Rd Mr Patrick Riley , 49 River Ridge Way , Willow Spring , NC , stated the particulars of the request and was present to answer any questions from the Board Mr Riley stated that they were in the process of purchasing the subject property from the current owners with the intent for future commercial use Mr Riley spoke about a Progress Energy easement through the site Mr Riley stated that the conditions requested are out of respect for the nearby elementary school Mr Riley stated that two engineers were also present Ms Jenny Brown , 109 Canyon Rd , Clayton , NC , adjacent property owner , expressed concerns for an access easement for their farmland Ms Brown stated that current access is through a cart path Ms Brown also expressed concern for possible impact on property value , usability , and future operations Ms Brown requested that the rezoning be reconsidered or at minimum that a legally enforceable easement be made a condition of any approval Ms Holmes asked about the location of the current access Ms Brown responded that the access was in front of Ebenezer Church Ms Brown stated that it was a cart path and they maintain it Vice - Chair Davis asked about current access to the Brown property 12Page3Ms Brown confirmed that they currently use the cart path for access Ms Brown stated that it used to be all family owned and an agreement between two families Mr Riley stated that there is a stub - out off of Clinton Dr and a public right - of - way to the Brown property Ms Brown stated that there was no access off of Clinton Dr Mr Riley stated that he is not opposed to an access because there is a church back there and he would need to look at where the stakes were placed to see whose property the path is on Mr Riley stated that he thought the path was on two properties Mr Riley stated that it did appear that there was at least one other access point that could be used for future development connecting to a residential neighborhood There was discussion among the Board about the stubout Mr Little asked about the width of the path Ms Brown responded that it was a cart path and only a single lane Mr Lovering asked Ms Brown if she had any surveys of her property that showed access points onto the property Ms Brown responded no and that it was an agreement between family members that had been passed down Vice - Chair Davis asked Ms Brown if they were able to get a driveway permit Ms Brown responded no and that it was already there when they got it Mr Lovering asked if the same family owned the adjacent farm Ms Brown responded yes Ms Holmes asked Ms Slusser if the Board could approve something that would landlock a parcel Ms Slusser responded that it is a private property issue between private property owners with regards to easements by prescription , cart paths Ms Slusser stated that it is typically taken care of through legal proceedings when parties cannot agree Ms Brown stated that some of their land had caught on fire and a fire truck came down the cart path Mr Riley stated that they are not presenting a final site plan at this time of the rezoning request and that Ms Brown’s property is being used for a boat and trailer storage business 13Page4Mr Little expressed concerns for access to the property , especially for emergency situations , and encouraged the two properties to work on an easement agreement Mr Lovering spoke about the easement access not affecting the rezoning request Mr Little spoke about the easement access needing to be addressed at some point Mr Sasser spoke about it being a part of the site plan process Mr Riley spoke about their conceptual plan showing a roadway that goes all the way to the back corner and stated that they had included a future access There was no further discussion Vice - Chair Davis 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 - 27 , seconded by Ms Holmes , Rezoning Case 24 - 27 was recommended for approval by a unanimous vote of 5 - 0 at the November 19 , 2024 Planning Board Meeting Rezoning Case 24 - 27 will be heard by the Board of County Commissioners at their January 2025 meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that it is located within a designated “ Regional Mixed Use ” Future Land Use Placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan These centers are intended to be centers of activity that include a mix of retail , restaurants , service , civic and institutional uses Residential units may be at the periphery of development but are not the primary use Conditional Zoning Applicant Questions 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 site will be served by county water and sewer services An expansion of the area sewer service will be extended to site following county specifications and approvals The site is located at an existing signalized intersection that will provide safe and efficient egress to Cleveland Rd The intersection is less than 1,000 feet from the new I - 40 & Cleveland Rd interchange scheduled to open in 2024 The new interstate interchange will allow regional users access to the site without over burdening community roadways Any new public interior streets will be constructed to meet NCDOT requirements and coordinate 14Page5with the STIP U - 6208 future connector 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 General Business - CZD classification will allow the site to host a mix of retail , office , light industrial and service businesses The requested conditional zoning balances a mix of land - use and density suited for an interstate interchange while still prohibiting uses that would be inappropriate or incompatible for the nearby elementary school 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 site will act as a transitional area between the interstate and the neighborhoods along Cleveland Rd Minimal single - family residential exists directly adjacent to the property A 5 + acres easement containing high - tension electricals dissects the site The type of easement is better suited to be integrated within commercial uses 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 Comprehensive Land Use Plan designates a Future Land Use of “ Regional Mixed - Use Center ” for each parcel These designated areas are intended to be a mix of retail , restaurant , service , office , civic , and institutional uses Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant The purpose of the district is to provide locations for a variety of locally owned and or operated businesses in Johnston County The district will complement the areas residential growth by providing sources of employment along with providing products and services not previously convenient to the area Proposed uses are those allowed under General Business with the conditions listed on Exhibit A 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , andBoard of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below 15Page6Applicant 1 Development of this property shall be in substantial conformance with the accompanying Exhibit B - Concept Subdivision Plan Locations shown for committed elements including lot lines , lot sizes , and proposed uses are conceptual in nature and provide for illustration and context only Final locations of buildings , lot lines , lot sizes , stormwater devices , utilities , NCDOT STIP Road Project Alignment , and use types shall be determined at subsequential stages of approval 2 All uses allowed in the General Business District on the Johnston County Table of Uses chart will be allowed with the exception of the following , which will be prohibited 12 Bar Club , 94 Pawn Shop , 115 Sexually - Oriented Adult Business Conditions 1 Development of this property shall be in substantial conformance with the accompanying Exhibit B - Concept Subdivision Plan Locations shown for committed elements including lot lines , lot sizes , and proposed uses are conceptual in nature and provide for illustration and context only Final locations of buildings , lot lines , lot sizes , stormwater devices , utilities , NCDOT STIP Road Project Alignment , and use types shall be determined at subsequential stages of approval Proposed by Applicant 2 All uses allowed in the General Business District on the Johnston County Table of Uses chart will be allowed with the exception of the following , which will be prohibited 12 Bar Club , 94 Pawn Shop , 115 Sexually - Oriented Adult Business Proposed by Applicant 3 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines All buffers must be placed outside of any fencing existing vegetation may be used 4 The development shall conform to all requirements of the Johnston County Land Development Code 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 All signage shall comply with the Johnston County sign code 7 All structures must comply with all rules enforced by Federal , State , and Local agencies 8 Secure an NCDOT driveway permit 9 TIA requirements & recommendations INTERSECTIONS SITE ACCESSES AND ASSOCIATED IMPROVEMENTS Cleveland Road at West View Elementary School Driveway Marvin Farm Road Future Cleveland Connector – Phase 1 • Future Cleveland Connector ? WB Cleveland Connector – 300 ’ Left - Turn Lane , one shared Thru Right Lane , and one Right - Turn Lane 16Page7• West View Elementary School Driveway ? EB School Driveway – Restripe to provide 175 ’ Thru Right - Turn Lane and Left Turn Lane ? With school driveway modifications being proposed , MSTA has been consulted on this change and additional comments may follow • Cleveland Road ? NB Cleveland Road - 150 ’ Right - Turn Lane with appropriate deceleration and taper length • Modify the existing traffic signal to accommodate the additional laneage Cleveland Connector and Site Drive 1 Marvin Farm Road – Phase 1 • Site Drive 1 Marvin Farm Road ? Construct SB approach realigned Marvin Farm Road with Right - in Right - out only access with one ingress and one egress lane ? 100 ’ Internal Protected Stem • Cleveland Connector ? Construct additional WB Thru - Lane from Site Drive 2 thru Site Drive 1 ? WB Cleveland Connector - 75 ’ Right - Turn Lane with appropriate deceleration and taper length Cleveland Connector and Site Drive 2 – Phase 1 • Site Drive 2 ? Two - lane cross - section ; one ingress , one egress ? Egress Left Thru Right - Turn Lane ? 100 ’ Internal Protected Stem • Cleveland Connector ? EB Cleveland Connector – 75 ’ U - turn Left - Turn Lane with appropriate deceleration and taper length ? EB Cleveland Connector – 175 ’ Right - Turn Lane with appropriate deceleration and taper length ? WB Cleveland Connector – 150 ’ Left - Turn Lane with appropriate deceleration and taper length Cleveland Connector and Site Drive 3 & Site Drive 4 – Phase 2 • Construct single - lane roundabout with three legs connecting Site Drive 3 & Site Drive 4 • 100 ’ Internal Protected Stem Please note parcels with frontage along Cleveland Road must be accessed internally It appears storage lengths along Cleveland Connector are ok for now to accommodate the future TIP Project U - 6216 , and the TIA provided Additional development may require additional improvements in the future 17Page8Rezoning Case 24 - 31 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 06E02008A Owner Danny & Jeanne Lee Applicant Danny & Jeanne Lee Location 515 acre tract located at 2893 Cornwallis Rd in the Cleveland Township Conditional Zoning Request Insurance office Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned Agricultural Residential AR and is a vacant residence Mr Marr spoke about the surrounding land uses Mr Marr stated that the area is located within a designated “ Medium Density Residential ” Future Land Use Placetype near a Neighborhood center placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan This denotes an area in which residents have options for living close to jobs , shopping , and services Mr Danny Lee , 2893 Cornwallis Rd , Garner , NC , Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Lee stated that he purchased the subject property with the intent of turning it into an office and that there would be minimal traffic Mr Lee stated that he has been working to improve the subject property There was no further discussion Vice - Chair Davis 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 Ms Holmes to approve Rezoning Case 24 - 31 , seconded by Mr Little , Rezoning Case 24 - 31 was recommended for approval by a unanimous vote of 5 - 0 at the November 19 , 2024 Planning Board Meeting Rezoning Case 24 - 31 will be heard by the Board of County Commissioners at their January 2025 meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that it is located within a designated “ Medium Density Residential ” Future Land Use Placetype on the Envision Johnston 2040 County Comprehensive Land Use Plan This denotes an area in which residents have options for living close to jobs , shopping , and services The request is reasonable in that the proposed zoning is compatible with surrounding land uses and zoning districts 18Page9Conditional Zoning Applicant Questions 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 use is an office for Danny Lee Insurance The proposed location is near a mostly commercial intersection of Cornwallis Rd and Cleveland School Rd The location is being restored to help the curb appeal of the site The hours of operation will be M - F 9 - 5 , therefore , not creating traffic issues Not going to be any issues about traffic 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 By improving the appearance of the location and beautifying the location will only make the community look better 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 office hours will be from 9 - 5 Monday - Friday Having a local insurance office to acquire and maintain needed insurance for different situations 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 only changes to the proposed site is the parking which will be minimal Proposed Conditional Zoning District Information 1 Please Provide the purpose of the district , a project narrative , and a list of proposed land uses to be allowed within the conditional zoning district Applicant To make the community more attractive to consumers To provide a safe and desirable business office to conduct the business of insurance 2 Conditions to apply to the conditional zoning district Within a Conditional Zoning District , additional conditions and requirements may be added which may assist in mitigating the impacts the development may have on the surrounding community and the environment Staff , the Planning Board , andBoard of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant 19Page01 Implement parking area 2 Handicap ramp to enter facility if needed 3 Landscaping to improve appearance Conditions 1 Permitted uses Insurance office Proposed by Applicant 2 Implement parking area Proposed by Applicant 3 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all conditional zoning lines on the North , East , and West and a class A buffer must be placed on the south which is adjacent to another GB district All buffers must be placed outside of any fencing existing vegetation may be used Proposed by Applicant 4 Hours of operation 9am - 5pm Monday - Friday Proposed by Applicant 5 The development shall conform to all requirements of the Johnston County Land Development Code 6 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 7 All signage shall comply with the Johnston County sign code 8 All structures must comply with all rules enforced by Federal , State , and Local agencies 9 Secure an NCDOT driveway permit 10 Driveway apron must be paved through NCDOT right - of - way Proposed by NCDOT Case TXT 24 - 02 Text Amendment Request Sect 14 - 89 Amend table to allow Multi - Family uses in the GB district not greater than 15 units per acre AND allow Townhome uses in the GB district not greater than 6 units per acre , such uses being allowed only as a Conditional Zoning CZ District and when consistent with the County’s adopted Land Use Plan and or considered appropriate by the County Commissioners Case TXT 24 - 02 was tabled until the December 17 , 2024 Planning Board Meeting Rezoning Case 24 - 28 Rezoning Petition General Business GB to General Business - Conditional Zoning GB - CZ Tax ID 06D01026R , 06D01026C Owner Catfish Real Estate , LLC Applicant Catfish Real Estate , LLC Location 19 acres of a 308 acre tract located in the 16000 Block of NC HWY 50 in the Cleveland Township Conditional Zoning Request Multi - Family Apartments Case 24 - 28 was tabled until the December 17 , 2024 Planning Board Meeting 20Page1Discussion Items There were three written decisions for the Board’s review Raynor Sands Phase 2 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 The Board reviewed the written decision Upon a motion by Ms Holmes to approve the written decision for Raynor Sands Phase 2 , seconded by Mr Little , and carried by a unanimous vote of 5 - 0 , the written decision for Raynor Sands Phase 2 was approved as presented at the November 19 , 2024 Planning Board Meeting Earp West Owner David F Earp Developer Cloudbreak Investments , LLC Surveyor Engineer Adams & Hodge Engineering , PC Acreage Lots 3051 acres , 22 lots Tax ID # 16L05040C Address 600 Block of Lynch Rd The Board reviewed the written decision Upon a motion by Ms Holmes to approve the written decision for Earp West , seconded by Mr Lovering , and carried by a unanimous vote of 5 - 0 , the written decision for Earp West was approved as presented at the November 19 , 2024 Planning Board Meeting Margot Manor Owner Neta Grady Developer Triangle Land Partners , LLC Surveyor Engineer 4D Site Solutions , Inc Acreage Lots 12582 acres , 108 lots Tax ID # 07D07027 Address 3500 Block of Benson Hardee Rd The Board reviewed the written decision Upon a motion by Ms Holmes to approve the written decision for Margot Manor , seconded by Mr Sasser , and carried by a unanimous vote of 5 - 0 , the written decision for Margot Manor was approved as presented at the November 19 , 2024 Planning Board Meeting 21Page2Mr Newton wished the Planning Board a Happy Thanksgiving from the staff and thanked Vice - Chair Davis for her years of service on the Planning Board Vice - Chair Davis will be sworn in as a County Commissioner at the December 2024 Board of County Commissioners ’ Meeting The meeting ended at 7 18 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 22Page