January 28, 2025 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , January 28 , 2025 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , January 28 , 2025 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Jared Crenshaw , Brooke Holmes , Freddie Hudson , Will Letchworth , Timothy Little , Gary Lovering , Jay Sasser Absent Debbie Howard , Jennifer Slusser County Attorney , BOE Representative , BOCC Representative Also present Braston Newton , Director ; Todd Marr , Senior Planner ; Cameron Pittman , Planner Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led by Mr Sasser Approval of the Minutes Upon a motion by Mr Hudson to approve the December 17 , 2024 Planning Board Minutes , seconded by Ms Holmes , and carried by a unanimous vote of 7 - 0 , the December 17 , 2024 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Chairman Letchworth stated that the Wade Lassiter Tract requested to be tabled until the February 18 , 2025 Planning Board Meeting Upon a motion by Ms Holmes to table the Wade Lassiter Tract until the February 18 , 2025 Planning Board Meeting , seconded by Mr Little , the Wade Lassiter Tract was tabled by a unanimous vote of 7 - 0 at the January 28 , 2025 Planning Board Meeting Bailey’s Pond Owner OG3 , LLC Developer OG3 , LLC Surveyor Engineer Becker Morgan Group , Inc Acreage Lots 309 acres , 17 lots Tax ID # 11N06022C Address 1400 Block of Branch Chapel Church 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 small portion of the parcel 1PageMs Emily Beddingfield , 334 E Main St , Clayton , NC , Lipscomb Development , stated the particulars of the subdivision and was present to answer any questions from the Board Ms Beddingfield stated the proposed location of the CBU mailbox Ms Beddingfield also stated that there are flood plains and streams on the subject property and that they would not be impacted by the development Ms June Brinson , 700 Branch Chapel Church Rd , Selma , NC , a nearby property owner , asked about the preliminary plat and lot 15 Ms Holmes responded that lot 15 was shown as a 956 acre lot that runs down the property line Ms Brinson asked about the size of the lot Chairman Letchworth responded that the Board would ask the Applicant Ms Brinson spoke in opposition of the proposed subdivision stating that she wanted to see it stay the same Ms Brinson stated that Branch Chapel Church Rd was a two mile road with highways on either end Ms Brinson expressed concern for traffic and land overcrowding Ms Brinson also expressed concern for the possible impact on area schools , water , and sewer Chairman Letchworth asked Ms Beddingfield to address the question concerning lot 15 Ms Beddingfield responded that the whole area in the back of the subject property being proposed as undeveloped is due to topography and environmental features , as well as suitable septic soil Ms Beddingfield stated that they can only build where there is enough soil to facilitate the septic tanks and septic systems for each home Ms Beddingfield stated that there are not enough suitable soils to facilitate additional lots There was a comment from the audience Chairman Letchworth stated that any request for future subdivision of lots within the proposed major subdivision would come back before the Planning Board There was no 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 Bailey’s Pond , seconded by Ms Holmes , Bailey’s Pond was approved by a unanimous vote of 7 - 0 at the January 28 , 2025 Planning Board Meeting 2PageConditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Fee - in - lieu of open space shall be paid prior to recording 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 16 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 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 A buffer call will be necessary 21 Property is limited to 15 impervious area without stormwater management 3Page22 Construction plans will have to be submitted and approved for waterline construction [ Emergency Services ] 23 Provide detailed water mains and pipe sizes 24 All water mains and hydrants must be installed and operational prior to combustible materials arriving on construction site 25 Provide a fire flow test Wade Lassiter Tract Owner Wade Lassiter Developer Crantock Land , LLC Surveyor Engineer Freedom Firm , PC Acreage Lots 3790 acres , 38 lots Tax ID # 15I09024 Address 5100 Block of Black Creek Rd The Wade Lassiter Tract was tabled until the February 18 , 2025 Planning Board Meeting Rezoning and Conditional Zoning Cases Rezoning Case 24 - 30 Rezoning Petition Agricultural Residential AR to Industrial 2 - Conditional Zoning I2 - CZ Tax ID 15L12015J , 15L12015D , & 15L12015A Owner Stevens Sausage Road 3411 , LLC Applicant Stevens Sausage Road 3411 , LLC Location 259 acres located at 3411 , 3445 , & 3305 Stevens Sausage Rd in the Smithfield Township Conditional Zoning Request Meat - Packing and other related Industrial uses 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 legal non - conforming use Mr Marr stated that the surrounding land uses were zoned Agricultural Residential AR and agricultural purposes Mr Marr stated that the area is located within a designated “ Agricultural Area Placetype ” on the County’s 2040 Comprehensive Land Use Plan Mr Sloan Stevens , 1206 Chestnut Dr , Smithfield , NC , Stevens Sausage Company , stated the particulars of the request and was present to answer any questions from the Board Mr Stevens gave a brief history of the company Mr Stevens stated the request was to bring the subject properties into conformity should they want to make any future additions Chairman Letchworth asked Mr Stevens if he had read and agreed to the conditions in the staff report 4PagePage pageNumber5Mr Stevens agreed There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency Staff Recommendation Approval , based on the fact that it has been a legal , non - conforming use for decades without any complaints or violations They are trying to bring the property into compliance with the LDC , while also possibly expanding in the future Upon a motion by Ms Holmes to approve Rezoning Case 24 - 30 , seconded by Mr Crenshaw , Rezoning Case 24 - 30 was recommended for approval by a unanimous vote of 7 - 0 at the January 28 , 2025 Planning Board Meeting Rezoning Case 24 - 30 will be heard by the Board of County Commissioners at their March 3 , 2025 meeting Consistency Statement This request is consistent with the Comprehensive Land Use Plan in that it aligns with ED - 1 “ Expand job opportunities in the County ” The property has also been a legal non - conforming use for decades without any complaints to the Planning department 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 is somewhat unique in that an existing meat - packing business has been operating on the site for years prior to current zoning regulations , and is therefore considered a grandfathered business operation , although being located in the non - conforming AR zoning district Additionally , the business is an established operation to the local community providing employment and food products to the surrounding community It is inevitable that future expansion will be necessary for the business to grow Although there is no current or specific plan for expansion , this request is a proactive step to reconcile the zoning with the existing use AND to create a site - specific conceptual framework for future expansion and conditions on the site Regarding public health , safety and welfare and any future site expansion … It is hereby made a condition of this request that any future , specific site expansion plans not only shall be in accordance with this zoning request , but that detailed construction drawings shall also be submitted to the County for approval and confirmation that such future plans comply with all required standards In other words , any specific future development plan will be required to meet all applicable standards , regulations & codes which are in place to help ensure that NO detrimental impacts or dangers are incurred Concerns related to visual 5PagePage pageNumber6impacts , environment , stormwater , traffic , etc are either addressed directly on the attached Preliminary Site Plan , or shall be addressed with future submittal of construction drawings , all prior to any construction taking place some of the concerns are also addressed below All applicable regulations shall be met or exceeded by the proposed development Furthermore , because this is a Conditional Zoning request , any specific concerns by the municipality may also be addressed through this conditional zoning process 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 current meat - packing operation is the current and primary use for this zoning request However , in order for the current business to protect its future assets , several other uses are also requested herein The applicant has only requested these uses as possible , although not probable , future uses on the site which provides some safeguard for future business value and business viability continuity on the site Also as described below such uses were selected in order to be compatible with providing either goods , services or employment to the surrounding community It should be stated that the existing meat - packing business is only allowed as a use in the I - 2 zoning district thus the request for I - 2 CZD zoning , and the I - 2 general zoning is typically dedicated to more intense industry uses , such as meat - packing The other uses as requested herein are allowed in the less intense I - 1 zoning district or other commercial districts ; meaning these additional uses would typically be considered less intrusive to the surrounding area Regarding the surrounding neighborhood , it is comprised mostly of rural single - family residential and farmland The existing meat - packing business use has operated in this area for years and is a fixture within the neighborhood , and even provided employment and food products to the surrounding community See next section for how the existing and future expansions are being planned for the surrounding area 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 As described above , the existing use is “ already ” a working component and fixture within the surrounding neighborhood Part of the reason for this request is to “ plan ” for future expansion of the existing business so that it does not disrupt the character of the neighborhood as the business grows The attached preliminary plan shows a concept for a possible major facility expansion closer to the existing facility An important aspect of this site plan is to make note of the larger area surrounding the future expansion One of the primary intentions of the attached Preliminary Plan is to dedicate a surrounding landscape buffer as indicated that creates an intense screening between the surrounding uses Said buffer shall at least be equal to the County’s standard Class ‘ C ’ landscape buffer as required ; however , in addition the applicant has volunteered that an additional 25 of the required plantings be used in order to further intensify the screening see additional conditions section below as well as the Preliminary Plan 6PagePage pageNumber74 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 As stated , this site is somewhat unique in that it hosts an existing and established business operation that is already fixed within a surrounding , mostly - residential area While this site is not identified on the County’s Comprehensive Plan for future growth activity , there certainly are new residential communities springing up in the greater surrounding area This is yet another reason for this proactive zoning request Growth is inevitable for BOTH the business and surrounding area Just because there isn’t any “ noted ” future growth identified in the area on the Land Use Plan , certainly does not mean the County cannot “ plan ” for smart growth in this community which just happens to accommodate an existing business that has been integral to the surrounding community This zoning request allows a tool to do just that 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 this Conditional Zoning request is primarily to reconcile a current non - conforming zoning district with an existing industrial use for a meat - packing operation Additionally , it also provides a conceptual plan framework for the business to expand in the future while maintaining compatibility with the surrounding neighborhood This request also protects the business ’ future value and continuity by allowing for “ potential ” future uses that are typically considered “ less intense ” than the existing meat - packing operation while also maintaining compatibility with the surrounding neighborhood , providing either employment , products or services to the community Such additional uses as taken from the County’s Table of Uses include Bakery Manufacturing , Bakery Retail , Boat Sales Repair , Bottling Plant , Building Materials Supplies Wholesale & Retail , Business Office , Cabinet Woodworking , Contractor’s Yard , Dairy Products , Electrical Electronic Manufacturing , Farm Machinery Assembly , Feed Seed Sales , Furniture Manufacturing , Government Use , HVAC shop , Ice Plant Storage & Freezer Lockers , Landscaping Nursery , Machine Shop , Manufacturing Uses , Mini - Storage , Open Storage , Pharmaceutical Manufacturing Distribution , Plumbing Supply Storage , Restaurant as an Accessory Use , Sign Shop , Warehouse , Welding Shop 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 , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below 7PagePage pageNumber8Applicant i An intense landscape screen with shall be provided or maintained around the perimeter of any future facilities associated with this site “ Existing ” woods and mature trees will be retained and utilized to the maximum extent practical for this buffer , where such trees currently exist along the perimeter of the site Any new screening shall be equal to the County’s current standard Class ‘ C ’ buffer PLUS an additional 25 of plantings in addition to the required Class ‘ C ’ plantings as indicated on the attached Preliminary Site Plan ii The attached Preliminary Plan indicates the best concept of preliminary layout for future expansions at this time , as well as other potential future details However , any future plans involving a specific expansion , or phases of expansions , related to buildings or structures or infrastructure shall be required to submit detailed and site - specific Construction Drawings which shall be approved by Johnston County staff and any other relevant agencies demonstrating compliance with all applicable local , state and federal regulations This includes but is not limited to County stormwater requirements , traffic studies when warranted , emergency services requirements , water sewer requirements , NCDOT requirements , NCDEQ erosion control requirements , etc iii For any future uses as itemized above that particularly involves manufacturing of any kind , such future uses shall be restricted as follows a Manufacturing operations shall be limited to indoor production b Any product or material storage occurring outdoors near exterior or adjacent property shall be screened in addition to the exterior landscape buffer c Any operations that might be considered an excessive nuisance such noise or odor shall adhere strictly to County Ordinance and Policy regarding such operations , including the dampening of such effects when required Conditions 1 The following uses shall be permitted Current use of Meat - packing facility and also possibly the following future uses Bakery Manufacturing , Bakery Retail , Boat Sales Repair , Bottling Plant , Building Materials Supplies Wholesale & Retail , Business Office , Cabinet Woodworking , Contractor’s Yard , Dairy Products , Electrical Electronic Manufacturing , Farm Machinery Assembly , Feed Seed Sales , Furniture Manufacturing , Government Use , HVAC shop , Ice Plant Storage & Freezer Lockers , Landscaping Nursery , Machine Shop , Manufacturing Uses , Mini - Storage , Open Storage , Pharmaceutical Manufacturing Distribution , Plumbing Supply Storage , Restaurant as an Accessory Use , Sign Shop , Warehouse , Welding Shop Proposed by applicant 2 An intense landscape screen with shall be provided or maintained around the perimeter of any future facilities associated with this site “ Existing ” woods 8PagePage pageNumber9and mature trees will be retained and utilized to the maximum extent practical for this buffer , where such trees currently exist along the perimeter of the site Any new screening shall be equal to the County’s current standard Class ‘ C ’ buffer PLUS an additional 25 of plantings in addition to the required Class ‘ C ’ plantings as indicated on the attached Preliminary Site Plan Proposed by Applicant 3 For any future uses as itemized above that particularly involves manufacturing of any kind , such future uses shall be restricted as follows a Manufacturing operations shall be limited to indoor production b Any product or material storage occurring outdoors near exterior or adjacent property shall be screened in addition to the exterior landscape buffer c Any operations that might be considered an excessive nuisance such noise or odor shall adhere strictly to County Ordinance and Policy regarding such operations , including the dampening of such effects when required Proposed by applicant 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 Updated NCDOT driveway permit must be obtained for any future driveways 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff if there are any changes or additions to the property 8 All signage shall comply with the Johnston County sign code 9 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Rezoning Case 25 - 01 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01023Z Owner Raymond Mitchell Applicant Raymond Mitchell Location 85 acres located in the 14900 Block of NC Highway 39 in the O’Neals Township Conditional Zoning Request Business office and Barber Beauty salon Mr Marr introduced the case and referenced the information listed above Mr Marr stated that this case came before the Planning Board last year and was given a recommendation for approval , but the Applicant withdrew prior to going before the Board of County Commissioners due to the Applicant wanting to subdivide the subject property and make a smaller lot Mr Marr stated that the area is located within a “ Rural Living ” future land use Placetype on the County’s Envision Johnston Comprehensive Land Use Plan Mr Marr also stated that if approved , only one driveway will be permitted per NCDOT due to driveway spacing 9Page0Mr Little stated that NCDOT would look at it as one entrance and one exit and as shown on the preliminary plan would be acceptable Chairman Letchworth asked if the conditions presented were the same as the previous approved conditions Mr Marr responded yes , the conditions were the exact same and that the hours of operation condition had changed during the previous meeting and the changed hours were incorporated into the current presented conditions Ms Vanessa Barnes , 14979 NC HWY 39 , Zebulon , NC , stated the particulars of the request and was present to answer any questions from the Board Mr Raymond Mitchell was also present to answer any questions Ms Barnes stated that the only difference was the smaller lot and division from the residential portion of the subject property Chairman Letchworth asked Ms Barnes and Mr Mitchell if they agreed to the conditions in the staff report Ms Barnes and Mr Mitchell agreed There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency Staff Recommendation Approval , based on the very low level of activity this will create and the several conditional zonings that were approved in the immediate area This is also very close to the Wake County line and several businesses in their county Upon a motion by Ms Holmes to approve Rezoning Case 25 - 01 , seconded by Mr Lovering , Rezoning Case 25 - 01 was recommended for approval by a unanimous vote of 7 - 0 at the January 28 , 2025 Planning Board Meeting Rezoning Case 25 - 01 will be heard by the Board of County Commissioners at their March 3 , 2025 meeting Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan section LU - 2 It states that in select locations , consider allowing compact communities as an option based on a request from applicants Commercial development in unincorporated areas , may consist of retail , restaurants , services , and office uses that serve the population of the immediate area Also , in the Vision area of the plan , it states that rural businesses and home based businesses may be a part of the mix of uses in an agricultural area Conditional Zoning Applicant Questions 10Page11 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 business structure that is proposed is a concrete building which is neatly landscaped and organized to complement the families residential structure to which it is adjacent It will be operated on a daily basis for business with a daytime schedule and limited traffic to continue to protect the general welfare of all 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 Given the location of the property in a rural area , local citizens as well as new community members in developing neighborhoods along the highway in growth areas will have access to office space needed services in the local area 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 family has occupied this area and land for several generations and plan to continue to cultivate the farm land in the adjacent areas as well as provide access to needed services in the local community which would contribute to economic development 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 With the recently adopted Envision Johnston , the county’s comprehensive land use plan , will serve as the backdrop for the development As long term residents of the area , we seek to preserve the farm land adjacent to the property while providing opportunity for economic growth and development for a local entrepreneur 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 Within the conditional zoning district , an office and building space will be established that will serve as an office space for a local entrepreneur who needs a convenient space to operate a business or a local barber beauty salon The family has long inhabited this area and will maintain a neat landscape which will complement the existing and adjacent areas The business will be operated during normal business hours 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 11Page2Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant The conditions proposed as outlined in this application and on the accompanying site plan outlines a structure which will be used for local business operation The business will observe normal business hours Our family has owned the property and adjacent land for generations and want to continue to preserve and cultivate the land attached to the property while providing a business structure for a local entrepreneur to operate according to established guidelines no loitering , excessive noise , etc The business structure will allow for individual economic development without impacting the residential area The building is equipped with necessary exits and equipment needed for safety to include a fire extinguisher and smoke detectors There is clear and open access to one highway and ample parking for the said use of the property We wish to use the building as an office space or as a barber beauty salon Conditions 1 The following uses shall be permitted Business office or Barber beauty salon Proposed by applicant 2 Hours of operation shall be 7 am until 8 pm Monday - Saturday 3 Limited to 5 business employees using building at any given time 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 NCDOT driveway permit must be obtained along with any roadway improvements 6 One driveway must be eliminated according to NCDOT due to not meeting minimum spacing requirements 7 Driveway access must meet Fire Department standards 8 The development shall conform to all requirements of the Johnston County Land Development Code 9 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 10 A Class B landscape buffer shall be installed along all rezoning lines Existing vegetation may be used 11 All signage shall comply with the Johnston County sign code 12 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Discussion Items Mr Newton shared information concerning the first of several UDO Stakeholder Meetings to be held on Thursday , January 30 , 2025 from 3 00 PM to 5 00 PM at the Public Library of Johnston County and Smithfield 12Page3The meeting ended at 6 20 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 13Page