March 15, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , March 15 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , March 15 , 2022 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Denise Byrd , Adam Caldwell , Michelle Davis , Nicole Hackler , Brooke Holmes , Debbie Howard , Freddie Hudson , Will Letchworth , Matthew Moore Absent Braston Newton Director , BOCC Representative , BOE Representative Also present Todd Marr , Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney ; Brooks Moore , Johnston County Public Schools Representative Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led by Mr Caldwell Approval of the Minutes Upon a motion by Mr Moore to approve the February 15th Planning Board Minutes , seconded by Ms Holmes and carried by a unanimous vote of 7 - 0 , the February 15 , 2022 Planning Board Minutes were approved as presented Ms Davis arrived at 6 03pm All speakers were sworn in Subdivisions Langdon Ridge Phase III Owner Laura Dupree Honeycutt Developer Bradley Built , Inc Surveyor Freedom Firm , PC Acreage Lots 1544 acres , 18 lots Tax ID # 13C04049E Address 2800 Block of County Line Rd Mr Marr introduced the subdivision and referenced the above information Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , was present to answer any questions the Board may have Mr Bagley stated the particulars of the development Ms Hackler asked if the adjacent VAD was labeled on the preliminary plan Mr Bagley confirmed There was no further discussion 1PageChairman 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 is for approval Upon a motion by Mr Caldwell to approve Langdon Ridge Phase III , seconded by Ms Byrd , Langdon Ridge Phase III was approved by a unanimous vote of 8 - 0 at the March 15 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Provide reverse frontage lot buffer along County Line Road 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 2Page17 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 [ Emergency Services ] 22 Provide “ No Parking ” signs on same side of street as fire hydrants 23 Need fire hydrant distribution information Helen Stephenson Tract Owner Helen Stephenson c o Danny Stephenson Developer Jones Creek , LLC Surveyor Freedom Firm , PC Acreage Lots 5850 acres , 30 lots Tax ID # 13D05028 Address 4125 Zack’s Mill Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr provided a revised application from the applicant reflecting a change in ownership The revised application shows the new property owners as Jones Creek , LLC Mr Marr also shared information from a conversation between Mr Newton and NC DEQ concerning a complaint received about a former hog farm on the property Mr Caldwell asked staff about an application deadline Mr Marr shared there was a deadline , but minor changes after submittal have been allowed in the past Mr Chip Hewitt , 101 Blackstone Ln , Selma , NC , Attorney representing the Applicant , was present to answer any questions the Board may have Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , was present to answer any questions the Board may have Mr Bagley stated the particulars of the development Mr Hewitt addressed the former hog farm on the property , specifically a former hog house Mr Bagley confirmed that the area would not be included in the proposed subdivision Ms Hackler asked about the pond on the subject property and if it was entirely located on lot 5 3PageMr Bagley confirmed that the pond is located entirely on lot 5 and that the responsibility and maintenance of the pond would be the responsibility of the owner of lot 5 Ms Hackler asked about the location of the unpermitted hog houses in relation to the proposed subdivision and to be shown their location on the preliminary plat Mr Bagley confirmed that the hog houses were located within the boundary of the subject project but southwest of the proposed subdivision Mr Hudson asked if there would be any conditions for the owner of lot 5 with concerns to buffers and barriers Mr Bagley stated that the responsibility and liability of the pond would be on the owner of lot 5 Mr Hewitt addressed the former hog farm and that it was unpermitted and unregulated Ms Stephanie Norris , 102 South Third St , Smithfield , NC , Attorney representing Pleasant Grove Holdings , LLC , an adjacent property owner , objected to the consideration of the proposed subdivision on the grounds that the initial application was improper and to the submittal of a revised application Ms Norris spoke of the tabling of the subdivision at the February 2022 Planning Board Meeting Ms Norris requested that the initial application be denied and that the revised application be tabled until the May 2022 Planning Board Meeting On behalf of the Applicant , Mr Hewitt responded to the concerns presented by Ms Norris requesting that the Planning Board continue with the consideration of the proposed subdivision Ms Hackler asked Ms Slusser if procedure was followed and if this was an acceptable application Ms Slusser stated that the ultimate determination belongs to the Planning Board and further shared information from the County Ordinance Section 14 - 173 Mr Marr shared that the revised application for change in ownership did not affect the notices sent out to adjacent property owners The same twelve adjacent property owners were notified in both February 2022 and March 2022 Chairman Letchworth asked staff to confirm that there was no material change to the preliminary plat submitted with the revised application found during staff review Mr Marr confirmed that there was no material change and that the only change was the change of ownership of the subject property Ms Holmes expressed concern that the initial application was not valid stating that numerous signatures were missing from owners 4PagePage pageNumber5Mr Marr stated that the initial application was acceptable and that the final plat would require the signatures of all owners Ms Slusser added that the County does not do full title work at the time of application Mr Caldwell asked if the initial application went through the TRC process Ms Slusser stated that the revised application did not undergo a separate TRC process to which Mr Marr confirmed Mr Caldwell asked for staff to explain the makeup of the TRC Mr Marr stated that it consists of Johnston County Public Schools , Johnston County Public Utilities , Johnston County Environmental Health , Johnston County Emergency Services , and NCDOT Ms Slusser restated the objection presented by Ms Norris to the Planning Board with Ms Norris asking the consideration of the proposed subdivision be tabled to the May 2022 Planning Board Meeting Ms Andrea Bonvecchio , 127 West Hargett St , Suite 600 , Raleigh , NC , Attorney representing Mr Don Byrd with Pleasant Grove Holdings , LLC , an adjacent property owner Ms Bonvecchio shared environmental concerns with the subject property , specifically concerning an abandoned hog waste lagoon Ms Bonvecchio provided additional materials for the Planning Board’s review Ms Howard asked about the last known date of hogs present on the subject property Ms Bonvecchio responded per conversation with the NC Division of Water Resources that the lagoon pond was in existence over 30 years ago and they do not rule out the possibility of sludge or waste to be in the lagoon Chairman Letchworth asked about the rules and regulations for the decommissioning of an abandoned hog waste lagoon Ms Bonvecchio discussed the necessary steps needed to close a hog waste lagoon and referenced additional information from the Natural Resources Conservation Service NRCS practice standards Chairman Letchworth asked about current actions being taken now that the NC Division of Water Resources was aware of the lagoon Ms Bonvecchio was not aware of current actions being taken by the NC Division of Water Resources Ms Davis asked about the responsibility of the unpermitted hog waste lagoon , specifically if the responsibility lies with the original owner or current owner Ms Bonvecchio shared that these rules were strict liability unless a contract clause states otherwise and the current owner would have the obligation to clean this 5PagePage pageNumber6Ms Norris revisited her previous comments concerning the initial application and its validity Mr Hewitt responded to the concerns brought forth by the representatives of adjacent landowners stating that the revised application was valid for consideration and referenced NC DEQ’s knowledge of the former hog waste lagoon on the subject property Ms Holmes asked Mr Bagley about the absence of the hog waste lagoon on the preliminary plat Mr Bagley responded that there may or may not be a hog waste lagoon on the subject property and that they would obtain all required permits for development and follow all required rules and regulations Chairman Letchworth asked Mr Bagley about drainage patterns in the subdivision Mr Bagley responded that the water would flow south to the pond in one location and then there is a low area between lots 10 and 11 Mr Bagley stated the bottom portion of the subject property is wetlands Mr Hewitt introduced Mr Lanny Clifton , 2701 Polenta Rd , Clayton , NC Mr Clifton presented two pictures of the pond taken last week Mr Moore asked for clarification that the pictures shown were not the pond located on lot 5 in the preliminary plat Mr Clifton confirmed that it was not the pond located on lot 5 , but was the area in question as the hog waste lagoon Ms Byrd recused herself from voting on this subdivision 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 is for approval Mr Caldwell asked Ms Slusser to recap the legal issues with this proposed subdivision Ms Slusser discussed County Ordinance Section 14 - 173 and the responsibilities of the Planning Board given the two items in question the validity of the initial application and the submittal date of the amended application Mr Holmes asked Ms Slusser about opposition from ownership presented as a result of the initial application Ms Slusser confirmed that she had received communication from Ms Norris that all of the property owners had not signed the initial application and that there was objection to the application moving forward In response , Ms Slusser contacted the Planning 6PagePage pageNumber7Department The Planning Department then contacted the Applicant who then requested the hearing of the initial application be tabled until the March Planning Board Meeting Mr Marr added that this information came to the attention of the Planning Department on the day of the February Planning Board Meeting and the rationale to determine if the initial application was valid is that an owner with an authority signed the initial application Ms Slusser clarified that the objection received came from a landowner near the parcel Mr Hewitt asked staff about application practices Mr Marr confirmed that it is customary for the Planning Department to accept applications from an attorney , surveyor , or agent where there may be multiple owners Mr Marr further confirmed that the application does not require the signature of all owners Mr Hudson made a motion to approve the Helen Stephenson Tract The motion failed for lack of a second Upon a motion by Ms Hackler to table the Helen Stephenson Tract until the April 19 , 2022 Planning Board Meeting , seconded by Ms Howard , the motion failed with a vote of 2 - 5 with Mr Moore , Ms Holmes , Mr Caldwell , Ms Davis , and Mr Hudson in dissent Upon a motion by Ms Holmes to deny the Helen Stephenson Tract , seconded by Ms Davis , the Helen Stephenson Tract was denied by a vote of 6 - 1 with Ms Howard in dissent at the March 15 , 2022 Planning Board Meeting Johnson Tract - Black Creek Rd Owner James Johnson Developer Steel Bridge Crossing , LLC Surveyor Freedom Firm , PC Acreage Lots 3321 acres , 32 lots Tax ID # 15I09027A Address 5300 Block of Black Creek Rd Mr Marr introduced the subdivision and referenced the above information Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , was present to answer any questions the Board may have Mr Bagley stated the particulars of the development Ms Hackler asked about lots 1 - 13 and their location in relation to the riparian buffer Mr Bagley responded that lots 1 - 13 construction would be in front of the riparian buffer and there was enough room to do so There was no further discussion 7PagePage pageNumber8Chairman 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 is for approval Upon a motion by Ms Hackler to approve Johnson Tract - Black Creek Rd , seconded by Mr Moore , Johnson Tract - Black Creek Rd was approved by a unanimous vote of 8 - 0 at the March 15 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Fee - in - lieu of open space shall be paid prior to recording 11 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 12 Coordinate with the US Postal Service for the 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 ] 13 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must be obtained prior to construction 15 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 16 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 8PagePage pageNumber9[ Public Utilities ] 17 Stormwater & Erosion Control Permits Required 18 Stormwater Statement Required 19 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 20 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 21 Provide “ No Parking ” signs on same side of street as hydrants 22 Need fire hydrant distribution information There was a short 5 minute break Grabtown Rd Subdivision Owner Daniel & Paula Kornegay Developer RRT Development , LLC Surveyor Stocks Engineering Acreage Lots 7907 acres , 79 lots Tax ID # 04M15006A , 04N14030F , & 04M15006C Address 400 Block of Grabtown Rd Mr Marr introduced the subdivision and referenced the above information Mr Ethan Averette , 801 E Washington St , Nashville , NC , representing the Surveyor and Developer , stated the particulars of the development and was present to answer any questions the Board may have Ms Davis asked about the ownership of the pond located between street C and street A Mr Averette responded that the plan was for the ownership and shared maintenance of the pond to be the responsibility of the individual lot owners for the lots that had a portion of the pond Mr Caldwell asked about the cemetery and its maintenance to which Mr Averette replied that it was a family owned cemetery Ms Hackler asked about the access easement Mr Averette responded that the access easement was pre - existing and the plan was to change the cemetery access from the new right - of - way before the final plat Ms Davis asked for clarification about the new access for the cemetery 9Page0Mr Averette confirmed that the preference is for access to the cemetery to come from street D , but would require agreement from the family Ms Davis asked if the cemetery access would be on lot 36 to which Mr Averette stated that the access would be separate from the lot The cemetery would be located in the front of lot 36 Ms Hackler asked about the need for three entrances Mr Averette explained that the preliminary plan shows three separate tracks The top track is separated from the other two tracks by the Whitley property The bottom two tracks are separated by wetlands and buffer impacts Ms Hackler asked about the separation distances between street A , access to the Whitley property , street D , and street E Mr Averette responded approximately 150 ’ between street A and the Whitley property , 250 ’ between the Whitley property and street D , and 618 ’ between street D and street E Ms Davis asked if a turn lane would be needed on Grabtown Rd due to three separate entrances Mr Averette responded that NCDOT had not communicated the requirement of a turn lane Mr Melvin Oliver , Jr , is an adjacent property owner who shared concerns regarding the impact on schools and traffic , as well as concerns for future access to his property from Grabtown Rd Ms Jan Whitley , is an adjacent property owner of 460 Grabtown Rd , Smithfield , NC Ms Whitley asked questions about the owners of the subject property Ms Whitley shared concerns regarding the access easement to the cemetery , the lot sizes , traffic impact , and impact on schools Ms Whitley also distributed information to the Board regarding the surrounding area Ms Jena Andrews , 1128 Grabtown Rd , Smithfield , NC , is a nearby property owner who asked about the owners of the subject property and shared similar concerns as previous speakers Ms Andrews shared concerns regarding the impact on schools and the local volunteer fire department , as well as noise and privacy issues generated by the proposed subdivision Mr Jimmy Casey , 774 Hill Rd , Smithfield , NC , is an adjacent property owner to the south of the subject property Mr Casey expressed a hardship due to the proposed subdivision and the need to install fencing along his property line adjacent to the proposed subdivision Ms Barbara Huffman , 876 Grabtown Rd , Smithfield , NC , is an adjacent property owner to the south of the subject property Ms Huffman expressed a concern for the 10Page1wildlife that will be displaced by the proposed development Ms Huffman also expressed a concern for the lack of notice and no opportunity to purchase some of the subject property , as well as similar concerns as previous speakers Ms Huffman also asked if any studies had been conducted concerning the impact on the wildlife and the impact on the creek at the south of the subject property Mr Jeff Huffman , 876 Grabtown Rd , Smithfield , NC , is an adjacent property owner to the south of the subject property Mr Huffman further addressed the concern of drainage with the water running south into the Neuse River and across the back of his property Chairman Letchworth asked Mr Averette if the preliminary plat was based on a soil scientist Mr Averette confirmed that soils on the property were evaluated by Dan Bliley , a soil scientist , and further pointed out the areas labeled on the preliminary plat with unsuitable soils Chairman Letchworth asked about county water to which Mr Averette confirmed Chairman Letchworth asked if the southern border was shown as a blue line Mr Averette stated that it was not shown that way on the preliminary plat , but will delineate all streams and wetlands and provide buffers through the stormwater permitting process Chairman Letchworth asked if there were any landscape buffers to which Mr Averette responded that there were none proposed at this time Chairman Letchworth asked if there would be an HOA to which Mr Averette affirmed Mr Caldwell asked if there had been any discussion about a buffer around the Whitley property Mr Averette stated that there had not been any discussions , but the developer would be willing to have those discussions Mr Averette also shared that the owners had changed and RRT Development , LLC closed on the property on February 14 , 2022 which was after the initial application submission The NCDOT site distance requirement may be of concern for southern driveway and a site investigation by NCDOT will take place The cemetery is owned by the Johnson family , so the developer will contact the current owner concerning cemetery access and would be willing to have a conversation with the Whitleys concerning the removal of the existing 20 ’ access easement Ms Whitley shared that no living descendants maintain the cemetery and that she does so There was no further discussion 11Page2Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Mr Marr also stated that staff was not aware of a change in ownership until tonight’s meeting and an updated application has not been submitted Ms Slusser addressed the change in ownership providing clarification and discussed County Ordinance Section 14 - 173 Mr Caldwell referenced the Land Development Design Manual and asked about a development making an existing land owner essentially a flag lot Ms Slusser discussed County Ordinance Section 14 - 225 and Section 14 - 224 Ms Davis asked about access to Mr Oliver’s property Ms Holmes followed up with access concerns for the multiple landlocked parcels behind the subject property Mr Bryan Daughtry , 325 Grabtown Rd , Smithfield , NC , is a nearby property owner with a landlocked parcel behind the subject property Mr Daughtry shared that the Whitleys have permitted access for them to access their property Ms Whitley shared that they have allowed friends to use their driveway to access their landlocked properties and that the Whitleys maintain the driveway that is used as a path to the other properties Ms Davis asked about the width of the path and would it accommodate farm equipment Mr and Ms Whitley shared that larger farm equipment does not fit solely on the path and does need to use part of the subject property to access the landlocked properties Chairman Letchworth asked about any requirements for a subdivision to allow access to landlocked parcels Ms Slusser stated that there was not a specific design standard Mr Marr added that a condition could be added for the development to include a stubout street with adequate turn around space for emergency vehicles instead of a cul - de - sac Ms Hackler asked staff about entrances and minimum distances between entrances Mr Marr responded that entrances are limited to 500 ’ separations per the Land Development Design Manual and NCDOT’s requirement is 100 ’ separation Ms Howard asked about the possibility of asking the developer to add an easement along the top of the middle parcel for the landlocked property owners Mr Marr responded that it was a possibility and spoke about promoting interconnectivity between subdivisions 12Page3Mr Caldwell expressed concern about the size of lots for the proposed subdivision and spoke of the 2009 Land Use Plan and the land use plan for this area is rural conservation Ms Byrd expressed access concerns Mr Moore asked Mr Daughtry about the current call volume for Brogden Fire Department Mr Daughtry estimated 200 - 300 calls per year Mr Moore continued by expressing concern for public safety when adding growth in a community with a volunteer fire department and no rescue Mr Moore then asked for clarification from Chairman Letchworth about the guidelines for the Planning Board to use when making their decisions Chairman Letchworth responded that the Planning Board is to follow both Chapter 14 of the County Code of Ordinances and the Land Development Design Manual Ms Slusser affirmed and also referenced County Ordinance Section 14 - 226 as it discussed access and circulation Mr Caldwell stated that the applicant must show hardship when creating a flag lot and shared a concern for the creation of a flag lot out of an existing property Ms Holmes expressed access concerns Ms Hackler expressed concerns for access , circulation , and entrance separations Staff recommendation is for approval Upon a motion by Ms Hackler to deny Grabtown Rd Subdivision , seconded by Mr Caldwell , Grabtown Rd Subdivision was denied by a unanimous vote of 8 - 0 at the March 15 , 2022 Planning Board Meeting There was a short 5 minute break Crantock Rd Tract 2022 Owner Sanders Greystone , LLC , Sanders Crantock , LLC Developer Jones Creek , LLC Surveyor Freedom Firm PC Acreage Lots 35834 acres , 269 lots Tax ID # 15H07011 Address 2618 Crantock Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr distributed copies of a recorded exempt plat showing that lots 1 - 9 included in the previous submittal have been removed and are not being proposed with this subdivision submittal Lots 1 - 9 were all 10 + acres and exempt from subdivision standards 13Page4Chairman Letchworth stated that the owners recorded lots 1 - 9 in an exempt subdivision and those lots have been removed from the subdivision proposal to which Mr Marr affirmed Mr Chip Hewitt , 101 Blackstone Ln , Selma , NC , Attorney representing the Applicant , discussed the exempt lots that are not a part of the proposed subdivision and was present to answer any questions the Board may have Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , was present to answer any questions the Board may have Mr Bagley stated the particulars of the development including access and circulation Mr Bagley shared that the ponds on the south side were placed in open space and the pond near the western edge was designated as retained by owner and removed from the proposed development Mr Bagley also discussed the Crantock House and its designation as retained by owner Mr Hudson asked for clarification of the location of the retained by owner property north of the pond to which Mr Bagley responded Mr Caldwell asked for clarification regarding the number of lots south of Crantock Road and the number of mail kiosks Mr Bagley responded that the intention is to include a large mail kiosk area in the designated amenity area The mail kiosk as shown on the preliminary plat is on a parcel that would allow for parking Ms Holmes asked about two of the cemeteries given their own designated lots to which Mr Bagley affirmed and stated that the cemeteries would have open access Ms Hackler left the meeting Mr Bagley addressed drainage issues and stated that they would work to mitigate any issues through the stormwater plan Mr Hudson asked about interconnectivity between the exempt lots north of Crantock Rd Mr Bagley responded that there were no plans for interconnectivity between the exempt lots Mr Caldwell asked about the anticipated build out date to which Mr Bagley deferred to Mr Bradley Stancil Ms Holmes asked about the distance between the two entrances on the southern portion between lot 1 and lot 138 Mr Bagley responded that the distance is over 500 ’ between the two entrances Mr Bagley also referenced the recorded exempt plat stating that a 16 ’ access easement in the northwest corner was included on the plat 14Page5Ms Davis asked if the adjacent VAD was labeled on the preliminary plan Mr Bagley responded that it was not but it would be labeled on the final plat Mr Bradley Stancil , 1415 Jackson - King Rd , Willow Spring , NC , stated that it would be approximately a five year plan with three different phases Ms Miranda Oliver , 1193 Dickinson Rd , Smithfield , NC , an adjacent property owner had questions about the TIA findings and shared concerns for the impact on traffic Ms Oliver also expressed concerns for stormwater and drainage management problems Ms Oliver also shared concerns about the impact on schools with capped schools in the area , as well as the impact on emergency services Chairman Letchworth shared the TIA findings and that the developer used the county’s consultant for the traffic study Chairman Letchworth also shared information about the projected impact on local schools with current enrollments Ms Davis shared that the proposed subdivision would be served by the Wilson Mills Fire Department and Rescue Squad Ms Oliver asked additional questions concerning the projected impact on schools and how those projections are calculated Chairman Letchworth responded and shared that the Student Generation Ratio was 063 for this proposed subdivision Mr Brooks Moore , Johnston County Public Schools , shared information regarding growth needs including proposals for new schools and expansions to existing schools Mr William Dias , 948 Dickinson Rd , Smithfield , NC , is an adjacent property owner who shared concerns for the impact on traffic , law enforcement , fire departments , and schools Mr Landon Langston , 1133 Dickinson Rd , Smithfield , NC , is a neighboring property owner and member of the local fire department Mr Langston shared concerns for the fire department and emergency needs Mr Langston also shared concerns for flooding in the area and access concerns when needing to assist residents Mr Danny Langston , 843 Dickinson Rd , Smithfield , NC , is a neighboring property owner Mr Langston expressed concerns about having outgrown the current county infrastructure , as well as the impact on public schools 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 15Page6Ms Davis expressed gratitude for Mr Moore’s attendance and remarks about public school needs Several other Board members followed with similar expressions of gratitude Mr Moore expressed concern for the strain placed on public safety volunteers as a result of development Staff recommendation is for approval Upon a motion by Mr Moore to approve Crantock Rd Tract 2022 , seconded by Ms Byrd , Crantock Rd Tract 2022 was approved by a unanimous vote of 7 - 0 at the March 15 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Provide reverse frontage lot buffer along Crantock Rd , Freedom Rd , and Dickinson Rd 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 TIA Recommendations To be completed by developer Crantock Road and Freedom Rd Site Access A ? Construct the northbound approach with one 1 ingress lane and one 1 egress lane ? Provide stop - control for the northbound approach Cleveland Road and Crantock Rd ? Provide an exclusive northbound left - turn lane with a minimum of 100 feet of storage and appropriate deceleration and taper length Crantock Road and Site Access B Site Access C ? Construct the northbound and southbound approaches with one 1 ingress lane and one 1 egress lane ? Provide stop - control for the northbound and southbound approaches 14 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units 16Page7a 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 A buffer call will be required if one has not been done already 22 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide “ No Parking Fire Lane ” signs on the same side of the road as fire hydrants 24 Provide Flow Test 25 Provide hydrant distribution layout Rezoning and Conditional Zoning Cases Rezoning Case 22 - 06 Rezoning Petition Agricultural Residential AR to Community Business CB Tax ID 13D04005F Owner Adolpho Lemus Aguilera Applicant Adolpho Aguilera Location 14900 block of NC Hwy 210 in the Pleasant Grove Township 17Page8Mr Marr introduced the case and referenced the information listed above Mr Adolpho Aguilera , 3032 Old Fairground Rd , Angier , NC , Applicant Owner , stated the particulars of the request 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 for consideration Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 22 - 06 , seconded by Mr Moore , Rezoning Case 22 - 06 was recommended for approval by a unanimous vote of 7 - 0 at the March 15 , 2022 Planning Board Meeting Rezoning Case 22 - 09 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M02008E & 11M02007A Owner Renee P Baker Applicant Renee & Greg Baker Location 1900 Earpsboro Rd in O’Neals Township Conditional Zoning Request Indoor & Outdoor storage for residential Mr Marr introduced the case and referenced the information listed above Mr John Oglesby , 535 Barrette Lane , Wendell , NC , CSD Engineering , representing the Applicant Owner , stated the particulars of the request Chairman Letchworth asked about the intentions for rezoning all of the acreage Mr Oglesby stated the immediate plans were to do a recombination using some from both parcels into an approximate 12 acre parcel to be used for this request Mr Oglesby clarified that this request is for rezoning of both existing parcels in their entirety with no plans for the larger tract at this time Ms Davis asked about conditions regarding access Mr Oglesby stated that the site would be available to emergency services as necessary and that times for customers has not been determined Mr Hudson and Ms Holmes discussed access times and recommended consideration by the applicant 18Page9Ms Laverne Brown , 1812 Earpsboro Rd , Zebulon , NC , an adjacent property owner , expressed concerns about noise and traffic generated from the proposed development , as well as landscaping and fencing Ms Brown also shared concerns regarding lighting and impact on surrounding property values Chairman Letchworth shared information about the condition requirements for a Class B landscape buffer and 8 foot opaque fence Mr David Cox , 166 Soaring Eagle Trl , Zebulon , NC , an adjacent property owner , expressed concerns for the impact on surrounding property values , drainage , wildlife , and carbon footprint Mr Oglesby stated that they are proposing one access off of Earpsboro Rd and that the proposal is for indoor storage facilities with outdoor storage facilities to accommodate boats and RVs Mr Oglesby also discussed lighting and landscaping with native options Mr Oglesby stated that the preference would be to provide a berm and chain fence where needed Ms Davis asked about a number of storage lots Mr Oglesby stated that this was a preliminary plan with no predetermined number of lots After tonight’s discussion , Mr Oglesby acknowledged areas that could be adjusted to meet the shared concerns Chairman Letchworth asked if the conditions provided by both the applicant and staff had been read and if they agree to all to which Mr Oglesby confirmed There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to inconsistency with the comprehensive plan Staff Recommendation Denial Upon a motion by Mr Hudson to approve Rezoning Case 22 - 09 , seconded by Ms Davis , Rezoning Case 22 - 09 was recommended for approval by a unanimous vote of 7 - 0 at the March 15 , 2022 Planning Board Meeting 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 will be to allow amenities for the residential areas in the surrounding areas The primary use will be for indoor and outdoor storage for the local residents Other uses may include retail for selling antiques ice cream or soda shop with rural character There will be no strip malls and commercial 19Page0development will be limited due to lack of sanitary sewer The business will be ran by the owner land who is native to the area 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 Applicant ? Access to storage lot will be from new street ; not existing road ? Screening of storage lot will be done with native landscaping ? Site plan shows wide street yards and buffers ? Storage lot shall consist of crushed stone base with washed stone surface to mitigate dust ? Lighting shall be done as to not “ pollute ” the surrounding area ; keeping lights shining on to lot , not perimeter ? Indoor outdoor storage , antique shop and ice cream and soda shop are only uses Conditions 1 Proposed uses Indoor Outdoor Storage , antique shop , Ice cream soda shop Proposed by applicant 2 Screening of storage lot will be done with native landscaping Proposed by applicant 3 Wide street yards and buffers Proposed by applicant 4 Storage lot shall consist of crushed stone base with washed stone surface to mitigate dust Proposed by applicant 5 Lighting shall be done as to not pollute the surrounding area ; keeping lights shining on to lot , not perimeter Proposed by applicant 6 24 Hour accessibility 7 The development shall conform to all requirements of the Johnston County Land Development Code 8 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 9 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines 10 All signage shall comply with the Johnston County sign code 11 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 12 If one acre or more is planned to be disturbed , an erosion control permit will be required 13 The site is in the ESA and limited to 12 impervious area without stormwater management 20Page114 The maximum impervious area for the site is 80 with participation in the land dedication program and 50 limit without participation in the land dedication program 15 The maximum nitrogen export for commercial sites in the ESA is 8 lbs ac yr that can be brought down to 36 lbs ac yr Anything over this threshold must be treated by stormwater devices on site 16 Wetlands should be delineated and shown on plan if any are present as well as all jurisdictional features and buffers A buffer call will be necessary for the pond on the property to determine if it is buffered if one has not been done already 17 Provide fire hydrant distribution information and “ No Parking ” signs on same side of street as hydrants 18 An 8 foot opaque fence will be installed around storage area 19 NCDOT driveway permit required 20 All gates must be equipped with Knox access for Fire Department Rezoning Case 22 - 10 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13C05004A Owner Steve & Kerry Finch Applicant Steve & Kerry Finch Location 25 acres of a 1332 acre tract located at 2006 County Line Rd in Pleasant Grove Township Conditional Zoning Request Parking & Maintenance of Business Vehicles Mr Marr introduced the case and referenced the information listed above Mr Marr also shared that the proposed site was submitted as a potential zoning violation in January 2022 Mr Steve Finch and Ms Kerry Finch , 2600 County Line Rd , Angier , NC , Applicants Owners , stated the particulars of the request Mr Finch asked about condition # 6 and provided information about existing fencing and landscaping Chairman Letchworth asked about the current use of the property and the intended use of the property Mr Finch responded that he runs a grading business with his son and uses one tractor trailer and one dump truck Mr Marr shared information from the Land Development Design Manual concerning allowable modifications to conditions concerning fencing and landscaping The Board recommended the Applicant Owner review the conditions for any possible revisions There was discussion concerning conditions # 4 , # 6 , # 8 , # 9 , # 11 , # 12 , and # 14 21Page2There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to inconsistency with the comprehensive plan and history of violation Staff Recommendation Denial Upon a motion by Ms Holmes to approve Rezoning Case 22 - 10 , seconded by Mr Hudson , Rezoning Case 22 - 10 was recommended for approval by a unanimous vote of 7 - 0 at the March 15 , 2022 Planning Board Meeting 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 proposed land use will support the parking and maintenance and repairs of business property on the premises 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 Applicant ? Changes to outdoor lighting will not be made without approval ? Natural preservation shall be maintained thru natural property buffers and landscaping to preserve residential appeal ? Signage of business advertising will be limited to entrance area only ; Signage dimensions are 24 inches x 36 inches ? Business operations will be conducted between the hours 7am - 7pm , Monday - Saturday , with no business conducted on Sunday Conditions 1 Permitted Uses Parking and maintenance of business vehicles Proposed by Applicant 2 No changes to outdoor lighting without approval Proposed by Applicant 3 24 ” x 36 ” business signage at entrance only Proposed by Applicant 4 Business hours 7am - 7pm 6 am - Midnight Monday through Saturday Sunday Proposed by Applicant 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 22Page36 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences Existing vegetation may be used 7 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 8 No more than 8 15 commercial vehicles , to include trailers parked on site 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 All outdoor storage shall be enclosed in an 8 ’ opaque fence or sufficient vegetative screening 11 NCDOT driveway permit required as well as the paving of the driveway apron through the ROW , at minimum 12 200 ’ of spacing required on all driveways from inside edge to inside edge 13 Any new structures will require a fire hydrant to be installed 14 Knox box must be on gates for Fire Department access 15 If 17,000 SF of impervious area is proposed to be added , a stormwater permit will be required 16 If an acre or more of disturbance is proposed , an erosion control permit will be required 17 Wetlands should be delineated and shown on plan if any are present as well as all jurisdictional features and buffers 18 Landscape Buffer on eastern property line may be placed on interior of existing fence Items in bold were changed by the Planning Board during the meeting Discussion Items The Board welcomed Ms Howard to the Planning Board The meeting ended at 11 02 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 23Page