May 17, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , May 17 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , May 17 , 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 , Richard Braswell BOCC Representative Absent BOE Representative Also present Braston Newton Director ; Todd Marr , Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance Approval of the Minutes Upon a motion by Mr Hudson to approve the April 19th Planning Board Minutes , seconded by Ms Byrd and carried by a unanimous vote of 7 - 0 , the April 19 , 2022 Planning Board Minutes were approved as presented All speakers were sworn in Chairman Letchworth stated that Farmstone Meadows Subdivision would not be heard at tonight’s meeting The Applicant requested that it be tabled until the June 21 , 2022 Planning Board Meeting Upon a motion by Mr Caldwell to table Farmstone Meadows until the June 21 , 2022 Planning Board Meeting , seconded by Ms Davis , Farmstone Meadows was tabled by a unanimous vote of 7 - 0 at the May 17 , 2022 Planning Board Meeting Subdivisions Helen Stephenson Tract April 2022 Owner Jones Creek , LLC Developer Jones Creek , LLC Surveyor Freedom Firm , PC Acreage Lots 5850 acres , 32 lots Tax ID # 13D05028 Address 4125 Zack’s Mill Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr added that this subdivision had been tabled once and was then denied at the March 15 , 2022 Planning Board Meeting 1PageMr Chip Hewitt , 101 Blackstone Ln , Selma , NC , Attorney representing the Applicant , was present to answer any questions the Board may have Mr Hewitt revisited the two previous areas of concerns The first objection was due to the application and Mr Hewitt stated that has been resolved The second objection was due to the former hog lagoon on the property and Mr Hewitt stated that another expert was present and available to speak after Mr Bagley 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 asked Mr Bagley about the location of the farm pond Mr Bagley responded that the pond is located on lot 5 and encumbered by a 50 foot buffer Mr Bagley also confirmed that the pond would be sold with lot 5 Mr Hewitt stated that the 100 year floodplain was identified on the preliminary site plan and asked about development in that area Mr Bagley stated that there would be no development in the floodplain area Mr Hewitt asked about the nearest Voluntary Agricultural District Mr Bagley responded that the nearest Voluntary Agricultural District is within half a mile Mr Hewitt asked for confirmation that they would get roughly 32 lots out of the 58 acres Mr Bagley confirmed that they are proposing a density of 055 per acre Mr Curtis Barwick , 200 Westover Rd Clinton , NC , with Barwick Ag Services is a consultant with hog and poultry farmers on environmental concerns and compliance issues Mr Barwick stated that he can assist with the decommissioning of hog farms Mr Barwick was contacted by the current owner , Jones Creek , LLC , and reviewed a packet of information provided by Mr Bryan Brice Mr Barkwick confirmed the review of the packet and stated that it looks like the farm was abandoned somewhere between 1995 and 1997 Mr Barwick stated that the area in question is located in the 100 year floodplain and discussed the certification and permitting process Mr Barwick stated that he visited the subject property and measured the depth of the pond in question stating that it is technically a holding pond and not a lagoon due to its depth Mr Barwick shared his findings , including a 3 foot layer that was tested and that visually and by touch did not look like hog waste Mr Barwick has spoken with Johnston County Soil and Water Mr Barwick stated that any rain and flooding would have washed out any hog waste a long time ago that may have been in the holding pond Mr Barwick also spoke of wildlife present in the area and didn’t see any concerns with impact on the wildlife Mr Barwick also stated that he felt comfortable stating that the holding pond could probably be signed off as no longer being a waste receiving structure , unless further testing is required 2PageChairman Letchworth asked Mr Barwick to speak more about his statement about signing off that the holding pond is no longer a waste receiving structure Mr Barwick stated that he would speak more with Johnston County Soil and Water Conservation Mr Caldwell asked Mr Barwick if there was a way to determine 100 if there was no sludge Mr Barwick stated that he took samples and has not received the results He stated that he is looking for the nitrogen contained and nitrogen would be present anywhere there is decomposing organic material Mr Barwick also stated that he would expect no fecal coliform to be found in the compacted material in the holding pond and that an isotope study would be needed to determine if it was from hogs and not other animals if any were found Ms Hackler asked Mr Barwick about the decommissioning process for a hog waste farm Mr Barwick explained the decommissioning process Ms Hackler asked Mr Barwick about the samples he took from the holding pond Mr Barwick confirmed that he had taken samples and sent them off He stated that the tests are testing for nitrogen and nutrient content Ms Hackler asked Mr Barwick if there are acceptable levels for clean up Mr Barwick stated that you would have to look at the background material in the area and that he couldn’t provide a threshold amount Mr Barwick stated that the sample tests will report what is in the material at the time the samples were collected Mr Barwick also gave sample ranges of results for active lagoons and older abandoned lagoons Ms Hackler asked Mr Barwick if the sample test results came back with lower levels would those results be additional evidence to offer that there is no longer a hog waste problem on the subject property Mr Barwick stated that other conversations would need to be had to see if there is a better method for determining if it is hog waste Ms Samantha Krop , a Neuse Riverkeeper with Sound Rivers , is an advocate for the Neuse River Ms Krop shared her concerns for the impact on the Black Creek watershed She stated that her primary concern is the old hog waste lagoon located in the 100 year floodplain and adjacent to a blue line tributary Ms Krop spoke of an open investigation with NCDEQ and a previous notice of violation for flooding into the nearby stream for the old hog farm Ms Krop also shared concerns about stormwater runoff Ms Krop requested that the Board seek out answers from the NCDEQ investigation before approving the proposed subdivision , as well as closing the lagoon 3PageMs Holmes asked Ms Krop about when the violation was issued Ms Krop responded in February 1996 after a site visit in 1995 Ms Hackler asked Ms Krop about the ongoing NCDEQ investigation and if she knew the current status Ms Krop responded that she believes the investigation was started recently due to concerns from locals and that NCDEQ cannot share information about open investigations Ms Krop did speak with someone from NCDEQ and confirmed there was an open investigation Mr Hewitt asked Ms Krop about the relevance of the notice of violation Ms Krop responded that the notice of violation shows that the lagoon was overflowing at that time when there was less annual precipitation and less severe climate weather If it was overflowing into the surrounding swamp and Black Creek at that time , Ms Krop suggests we can surmise with more annual precipitation and more stormwater runoff from the impervious surfaces that there would be significantly more flooding Mr Hewitt asked Ms Krop who issued the violation and why hasn’t any action been taken since 1996 Ms Krop responded that NCDEQ issued the violation and they currently have an open investigation Mr Hewitt stated that the hog lagoon has been shut down since 1996 1997 Ms Krop stated that the hog lagoon has not been legally shut down and there is a detailed process Mr Hewitt asked Ms Krop if NCDEQ had contacted the property owner about the open investigation and asked how she knew it was open Ms Krop responded that the public cannot know the details of the investigation due to agricultural laws and that someone from NCDEQ stated there was an open investigation and they could not give her any information about it Mr Hewitt asked Ms Krop about her reference to the lagoon whereas Mr Barwick stated it was not a lagoon Ms Krop responded that they have documents from NCDEQ with the exact location of the waste lagoon She stated that although it may not be functioning as a waste lagoon now , it was once a waste lagoon Ms Krop also stated that without proper sampling and testing , that question cannot be answered and should be left up to NCDEQ Mr Hewitt asked Ms Krop if she had been to the subject property 4PagePage pageNumber5Ms Krop responded that she has been near the subject property but has not been on the subject property since it was private property Mr Bryan Brice , 127 West Hargett St , Suite 600 , Raleigh , NC , is an Environmental Law Attorney representing Mr Don Byrd with Pleasant Grove Holdings , LLC , an adjacent property owner Mr Brice shared environmental concerns with the subject property , specifically the existence of a hog lagoon that was in operation for over 20 years and with over 300 hogs when in operation and the amount of waste that went into the lagoon Mr Brice referenced Chapter 14 Article 3 of the Johnston County Land Development Code stating that it requires the Planning Board to ensure the health , safety , and welfare of the community and the surrounding environment Mr Brice provided additional materials for the Planning Board’s review that included information from NCDEQ and regulatory framework for how a hog lagoon is to be closed Mr Brice shared concerns of no new information since the last hearing of this subdivision proposal , the demolishing of barns on the subject property , and the filling in of wells on the subject property Mr Brice also shared concern for the hog lagoon not being shown on the preliminary site plan and stormwater runoff Mr Brice shared concern for an approval of the proposed subdivision before more information is received from the NCDEQ investigation Chairman Letchworth asked Mr Brice about the location of Mr Byrd’s property and how he would be impacted by the proposed subdivision Mr Don Byrd , 3541 Stephenson Rd , Angier , NC , is a nearby resident in a Voluntary Agricultural District Mr Byrd spoke of their bicentennial farm and efforts to maintain Black Creek Mr Byrd shared concerns for the impact on Black Creek with property both upstream and downstream Mr Geno Kennedy , with Agriment Services , Inc , has experience with closing hog operations Mr Kennedy advised that old hog farms that are not closed properly are a liability Mr Brice asked Mr Kennedy about the proper procedure Mr Kennedy responded that there will be qualities that show it is not an active operation and that proper testing of samples would provide more information He also stated that sludge can become similar to compacted soil on the bottom allowing for aquatic life on surface levels Chairman Letchworth asked Mr Kennedy if additional runoff could have the potential to break up the sludge Mr Kennedy responded that he thought a piece of equipment would be needed to break up the sludge and that the bottom of the lagoon is probably not flowing anywhere Ms Hackler asked about a hurricane’s ability to disturb the sludge 5PagePage pageNumber6Mr Kennedy responded that a hurricane might disturb the sludge depending on the wind force Mr Kennedy advised of closing proceedings for lagoon closure standards Mr Hewitt asked Mr Kennedy for clarification about the notice of violation Mr Kennedy responded that the owner did not need a written permit under a certain number of hogs Mr Hewitt asked Mr Kennedy for further clarification about a hog farm with less than 250 hogs and if a permit was needed Mr Kennedy responded that a permit may not be needed but that the facility still had to follow water quality requirements of the state Mr Kennedy explained various permits and requirements Mr Hewitt asked Mr Kennedy about the issue with the hog lagoon if there have been no hogs present since 1996 Mr Kennedy responded that hog waste is not like human waste and a lagoon lacks the capacity biologically to break down the waste Mr Hewitt asked Mr Kennedy about his experience with remediation of a hog operation that had not been in operation Mr Kennedy responded with his most recent experience in Craven County Mr Brice asked Mr Kennedy if there could be more potential runoff after development Mr Kennedy responded that he would leave that response to an engineer but it is likely that water will run towards the swamp in his opinion Mr Brice once again shared concern for an approval of the proposed subdivision Ms Holmes asked Mr Brice about multiple letters between the former owner and NCDEQ regarding the discrepancy between the number of hogs Mr Brice responded that those discrepancies were part of his concerns as well Ms Holmes asked Mr Brice about the current owner demolishing buildings and filling wells on the subject property without permits and if there were open violations with Johnston County Mr Brice responded that they did not have any documentation of open violations and they could not find any permits on record Ms Holmes asked Mr Brice about the types of permits required 6PagePage pageNumber7Mr Brice responded that he believes there are basic forms for filling in wells through environmental health and a certified person will take test samples for asbestos to determine if a permit is needed Chairman Letchworth asked Mr Brice if he knew of asbestos in the barns demolished or if speculation Mr Brice responded that he did not know but that someone is supposed to find out before demolishing Mr Hewitt stated that the applicant would consent to table the subdivision proposal if the Board feels the NCDEQ open investigation is an issue Mr Caldwell asked why the barns were demolished and wells filled in without permits Mr Hewitt stated that he was not aware of those being done Ms Holmes asked about the current owner’s knowledge Mr Hewitt stated that he did not know but he could ask to find out Chairman Letchworth asked Mr Bagley about the blue line stream’s location and the nature of the stream Mr Bagley responded that the blue line stream does have a defined stream bed and is fairly flat Mr Bagley responded that there will be some stormwater running into the stream and that they can divert some stormwater to the upper side where it naturally flows Mr Bagley stated that they are not proposing to direct any additional water to the former hog lagoon and have no plans to touch the former lagoon Chairman Letchworth asked Mr Bagley if calculations had been done to understand the possibility of the stream overflowing into the lagoon Mr Bagley responded no but that he could show calculations that farmland turned into a low density subdivision produces less runoff and that will be shown during the stormwater permit process Mr Hudson asked Mr Bagley about runoff diffusing naturally Mr Bagley responded that an open channel is usually put in between lots past the septic areas and then spreads out and lessens the velocity of the water Ms Davis asked Mr Bagley about the responsibility of the floodplain and safety of residents Mr Bagley responded that they could remove the 100 year floodplain and replace it with retained by developer , essentially remove it from the subdivision and it be owned by the developer 7PagePage pageNumber8There 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 Ms Davis asked staff about the County’s liability with a NCDEQ open investigation Ms Slusser explained that typically approvals require contingency that they meet all state , federal , and local regulations Ms Slusser stated that if the Board approved the proposed subdivision that they consider specific conditions related to issues Mr Caldwell asked what would happen if the proposed subdivision was approved and then found in violation Ms Slusser responded that this was the preliminary stage and it is unlikely that they would receive approval of a final plat if there were violations Chairman Letchworth asked for clarification Ms Slusser responded that she was speaking specifically with regards to Johnston County violations and that she would not recommend final approval with standing violations with the state either Mr Caldwell asked about the concern of no permits Mr Marr responded that staff can look into those concerns now that it has been brought to attention Ms Hackler asked about the possibility of re - applying by the applicant if the proposed subdivision was denied Mr Marr responded that the applicant can re - apply at any time Chairman Letchworth stated that the Board does have the ability to add conditions as they relate to any concerns Staff Recommendation Approval Upon a motion by Mr Caldwell to deny Helen Stephenson Tract April 2022 , seconded by Ms Holmes , Helen Stephenson Tract April 2022 was denied by a unanimous vote of 7 - 0 at the May 17 , 2022 Planning Board Meeting There was a short 10 minute break Grabtown Rd Subdivision April 2022 Owner RRT Development Developer RRT Development , LLC 8PagePage pageNumber9Surveyor Stocks Engineering Acreage Lots 7907 acres , 78 lots Tax ID # 04M15006A , 04N14030F , & 04M15006C Address 400 Block of Grabtown Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr added that this subdivision was tabled at the March 15 , 2022 Planning Board Meeting Mr Mike Stocks , 801 E Washington St , Nashville , NC , Stocks Engineering , stated the particulars of the development and was present to answer any questions the Board may have Mr Stocks addressed previous concerns Mr Stocks addressed the concerns of the cemetery located off of street D with direct access from street D in addition to the access easement from the flag lot behind it Mr Stocks also addressed the concerns of street A with the revision extending the road to the landlocked property on the end and did not oppose adding a hammerhead turnaround for emergency vehicles Mr Stocks advised of additional features to address previous concerns , including a 15 foot landscape buffer Mr Stocks reviewed the street design and the separation distance between streets A , D , and E Mr Stocks also presented a letter from the Brogden Fire Department stating that they do not take a position concerning the approval of this proposed development Mr Stocks also stated that they will adhere to all required standards Ms Whitney Hosey , 102 South Third St , Smithfield , NC , Attorney representing several members of the Brogden community that are in opposition to the proposed development Ms Hosey asked those in attendance in opposition to stand Ms Hosey stated the area is zoned agricultural residential and that there are roughly nine subdivisions within a 20 mile radius of the proposed development with some phases still under development Ms Hosey referenced Johnston County Land Development Code Section 14 - 75 , as well as spoke of the use of “ moderate growth ” in the Johnston County Land Development Code Ms Hosey shared concerns of congestion and overcrowding in the primarily rural area Ms Hosey shared additional concerns for schools , emergency services , infrastructure , farm access , and community policy Ms Hosey requested a formal easement access agreement between Mr Melvin Oliver and the Applicant and that the access is large enough for farm equipment Ms Hackler stated that the Applicant did not apply for the full amount of allowable lots and applied for 78 lots instead of the allowable 114 lots Chairman Letchworth stated that the student generation numbers are provided by the County’s School Consultant and not the Applicant Chairman Letchworth also spoke about and advised residents to participate in the Comprehensive Land Use Plan Mr Caldwell advised residents to attend Board of County Commissioners meetings Ms Holmes asked Ms Hosey about a clear definition of moderate growth Ms Hosey responded that the definition is left up to interpretation 9Page0Ms Samantha Krop , a Neuse Riverkeeper with Sound Rivers , is an advocate for the Neuse River Ms Krop conducted a site visit to adjacent properties and through the waterways and blue line streams surrounding the proposed development Ms Krop shared concerns that the hydrology and stream channels do not have the infrastructure in place to handle the additional runoff from the proposed development Ms Krop spoke about the two blue line streams on the subject property Ms Krop shared concerns for the impact on water quality and in - stream water quantity Ms Krop made a recommendation for open space instead of fee - in - lieu Ms Krop also shared concerns for the pond on the subject property stating that it is already showing signs of significant nutrient problems and recommended that there be some intentional remediation and green stormwater control methods Ms Krop also spoke of a pond on the southern portion of the proposed development that is not noted on the preliminary plat Ms Krop stated that the pond is already functioning as a stormwater system and should be buffered as a riparian area Ms Krop also shared that she was made aware of a number of blind ditches on the subject property and shared concerns for septic locations Mr Melvin Oliver , 6729 Brogden Rd , Smithfield , NC , is an adjacent property owner who shared concerns about control of the wild hog population and wildlife problems Mr Oliver also shared concerns about drug violations in the area Ms Jena Andrews , 1128 Grabtown Rd , Smithfield , NC , is a nearby property owner Ms Andrews provided clarification concerning the fire department conversation at the previous meeting and pointed out that the local fire department is all volunteer Ms Andrews also shared concerns regarding the impact on schools and the safety issues presented by mobile units at schools as result of increased population Mr Jeff Huffman , 876 Grabtown Rd , Smithfield , NC , is an adjacent property owner to the south of the subject property Mr Huffman also provided clarification concerning the fire department conversation at the previous meeting Ms Pamela Moser , 6773 Brogden Rd , Smithfield , NC , is a nearby property owner that shared concerns regarding the impact on schools and increased traffic Ms Davis asked Ms Hosey about the number of community members she is representing Ms Hosey responded that there were roughly 37 in attendance at the last community meeting and some were not able to attend the Board meeting Ms Hosey stated that her estimate is 40 + community members Mr Stocks stated that the Developer would be willing to increase the riparian buffer to 100 foot in the areas where possible Mr Stocks referenced Johnston County Land Development Code Section 14 - 390 and addressed stormwater management and runoff concerns Ms Byrd asked Mr Stocks about the width of the easement for the Herman Whitley property 10Page1There was discussion of the Whitley’s owning the path and it not being an easement Ms Hosey clarified the concern for Mr Melvin Olver and an easement to his three landlocked farm parcels behind the subject property The revised preliminary plat shows street A as an open - ended road that is a 60 foot right - of - way for the purpose of ingress and egress Ms Hosey proposed that the easement be formalized for farm access and agricultural purposes Chairman Letchworth clarified that street A is a public right - of - way Mr Stocks clarified the existing easement coming off of the Herman Whitley property to access the cemetery He also added that they were putting a right - of - way street D in front of the cemetery so it could be accessed without needing the easement Ms Jan Whitley , 6079 Brogden Rd , Smithfield , NC , property owner of 460 Grabtown Rd , Smithfield , NC , shared concerns for the proposed development and its adjacent location to their property , including traffic , noise , safety , and privacy Ms Whitley also shared concerns for the impact on schools Ms Whitley also distributed information to the Board regarding the surrounding area Mr Terry Whitley , 6082 Brogden Rd , Smithfield , NC , is a nearby property owner that asked for clarification about the farm access through the subdivision Mr Whitley shared concerns about the level of asphalt heat and the issues that large farm equipment may cause to the asphalt 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 Mr Stocks stated that the Developer would like to add a condition regarding an increase in the riparian buffer Ms Hackler stated that she understood the concerns shared Ms Hackler advised the density of the proposed development is less than what allowed and recognized changes the Developer made since the last hearing Ms Davis stated that the local fire department is an all volunteer organization and that Brogden is 1 of 8 fully volunteer fire departments in the county Ms Holmes acknowledged the amount of people present at the Board meeting from the community as well as the amount of community members represented by Ms Hosey Ms Davis shared concerns for the environmental impact on the Neuse River Mr Caldwell expressed thoughts surrounding development in various parts of the county Ms Davis spoke about the Comprehensive Land Use Plan 11Page2Staff Recommendation Approval Upon a motion by Ms Hackler to approve Grabtown Rd Subdivision April 2022 , seconded by Ms Howard , the motion failed with a vote of 3 - 4 with Mr Hudson , Ms Byrd , Ms Davis , and Ms Holmes in dissent Upon a motion by Ms Byrd to deny Grabtown Rd Subdivision April 2022 based on the Board’s concerns , seconded by Mr Hudson , Grabtown Rd Subdivision April 2022 was denied by a vote of 4 - 3 at the May 17 , 2022 Planning Board Meeting with Ms Hackler , Ms Howard , and Mr Caldwell in dissent There was a short 10 minute break Browning Mill Owner Randy Edwards Developer RBV 231 , LLC Surveyor WithersRavenel , Inc - Colleen Duryea Acreage Lots 10612 acres , 82 lots Tax ID # 16K01024J , 16K01025O , 16K01025P , 16K01025 & 16K01025Q Address 1600 Block of Stotts Mill Rd Mr Marr introduced the subdivision and referenced the above information Ms Hackler asked staff about the maximum allowable density Mr Newton explained the reason for not providing a maximum allowable density Mr Newton also clarified lot size standards Mr Brad Hart , 115 Mackenan Dr , Cary , NC , a Registered Professional Engineer with WithersRavenel , Inc , stated the particulars of the development and was present to answer any questions the Board may have Chairman Letchworth asked Mr Hart about the need for Wendell Rd access Mr Hart responded that it was elected during the design stage Chairman Letchworth asked Mr Hart if they would oppose closing the Wendell Rd access and creating a cul - de - sac due to the current NCDOT requirements for a turn lane on both Wendell Rd and Stotts Mill Rd Mr Hart responded that they would not oppose closing the Wendell Rd access and they would consult with NCDOT and possibly update the TIA study Ms Howard asked about lot 18 and the access to Stotts Mill Rd Mr Hart confirmed that lot 18 does have access to Stotts Mill Rd and explained that there are no plans for physical connection 12Page3Ms Davis asked Mr Hart if that portion would go with lot 18 to which Mr Hart confirmed Ms Davis asked Mr Hart about the location of the pond and maintenance of the pond Mr Hart responded that the pond is located in the open space and the pond would fall under the ownership and responsibility of the HOA 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 Ms Holmes to approve Browning Mill with the condition to remove Wendell Rd access , seconded by Mr Hudson , Browning Mill was approved by a unanimous vote of 7 - 0 at the May 17 , 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 Stotts Mill Rd and Wendell Rd 11 Show to whom open space is dedicated 12 Provide 20 ’ fee simple access to open space 13 TIA Recommendations To be completed by developer Stotts Mill Rd at Proposed Site Driveway # 1 ? Provide one ingress and one egress lane on both northbound and southbound legs of Proposed Site Driveway # 1 ? Provide 100 ’ of Internal Protected Stem IPS Wendell Rd at Proposed Site Driveway # 2 ? Provide one ingress and one egress lane on the eastbound leg of Proposed Site Driveway # 2 ? Provide 100 ’ of Internal Protected Stem IPS 13Page414 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 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 ] 16 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 17 A driveway permit and subdivision design approval must be obtained prior to construction 18 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 19 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 20 Northbound left turn lane on Wendell Rd and northbound left turn lane on Stotts Mill Rd [ Public Utilities ] 21 Stormwater & Erosion Control Permits Required 22 Stormwater Statement Required 23 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 24 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 25 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 26 Provide “ No Parking Fire Lane ” signs on same side of road as hydrants 27 Provide flow test 28 Provide hydrant distribution information Per plans , additional hydrants will be required and locations updated Browning Stables Owner Frances Henderson Developer RBV 231 , LLC Surveyor WithersRavenel , Inc - Colleen Duryea 14Page5Acreage Lots 11813 acres , 92 lots Tax ID # 16K01025F , 16K01025E , & 16K01025D Address 1600 Block of Stotts Mill Rd Mr Marr introduced the subdivision and referenced the above information Mr Brad Hart , 115 Mackenan Dr , Cary , NC , a Registered Professional Engineer with WithersRavenel , Inc , stated the particulars of the development and was present to answer any questions the Board may have Ms Hackler asked Mr Hart about the entrance location in relation to the previously heard subdivision proposal , Browning Mills Mr Hart confirmed the entrances for both Browning Mills and Browning Stables are directly across from one another Ms Davis asked Mr Hart about a separate parcel as seen on GIS in parcel 3 Mr Hart responded that it is a separate internal parcel that is landlocked and is under contract to be acquired and part of this project Mr Hudson asked Mr Hart if there was an old farm path between lots 12 and 13 Mr Hart responded that it was not an existing feature or farm road He stated that it was for planning purposes and possible future development Ms Davis expressed appreciation for the open space Chairman Letchworth expressed appreciation for the stub - outs Ms Kelly Allen , 1871 Stotts Mill Rd , Wendell , NC , is an adjacent property owner to the right of the subject property Ms Allen stated that Stotts Mill Rd is a connector road Ms Allen shared concerns for road maintenance and increased traffic Ms Allen also shared concerns for privacy and requested the Developer to add a buffer with trees Ms Allen stated they are beekeepers and the trees would also help with bee travel Ms Allen shared concerns about septic and their well water quality Chairman Letchworth shared information about the septic system requirements and that those would be addressed during the Environmental Health permitting process Ms Davis acknowledged that this subdivision proposal and the one previously are in the same school district Ms Davis also noted that the schools in this district are over capacity 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 15Page6Staff Recommendation Approval Upon a motion by Ms Byrd to approve Browning Stables , seconded by Mr Hudson , Browning Stables was approved by a unanimous vote of 7 - 0 at the May 17 , 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 Stotts Mill Rd and Wendell Rd 11 Show to whom open space is dedicated 12 Provide 20 ’ fee simple access to open space 13 TIA Recommendations To be completed by developer Stotts Mill Rd at Proposed Site Driveway # 1 ? Provide one ingress and one egress lane on both northbound and southbound legs of Proposed Site Driveway # 1 ? Provide 100 ’ of Internal Protected Stem IPS Wendell Rd at Proposed Site Driveway # 2 ? Provide one ingress and one egress lane on the eastbound leg of Proposed Site Driveway # 2 ? Provide 100 ’ of Internal Protected Stem IPS 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 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 ] 16 Approval of all lots for onsite sewage disposal or statement for each unapproved lot 16Page7[ NCDOT ] 17 A driveway permit and subdivision design approval must be obtained prior to construction 18 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 19 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 20 Stormwater & Erosion Control Permits Required 21 Stormwater Statement Required 22 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 23 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 24 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 25 Provide “ No Parking Fire Lane ” signs on same side of road as hydrants 26 Provide flow test 27 Provide hydrant at 32 33 Move hydrant to intersection on 48 , Provide hydrant at intersection across from 64 Move hydrant from 91 92 to 92 at intersection Provide hydrant at 38 39 Maintain 500 ’ within footprint 28 Provide turnarounds between 12 & 13 and 25 & 26 Rezoning and Conditional Zoning Cases Rezoning Case 22 - 15 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 05E01007D & 05E01008N Owner FL Cornwallis , LLC & Anthony F Thornton Applicant FL Cornwallis , LLC Kate Brown Location 4175 NC Hwy 42 and 4105 NC Hwy 42 in the Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Matt Lowder , 4006 Barrett Dr , Raleigh , NC , with Bowman Consulting , stated the particulars of the request Mr Lowder explained that these parcels are adjacent to the Ford Meadows development currently under construction and the intent is to rezone these properties so they will be compatible with the adjacent Ford Meadows Mr Lowder also 17Page8stated that the ultimate intent is to recombine the parcels with the other Ford Meadows tracts 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 Hackler to approve Rezoning Case 22 - 15 , seconded by Ms Byrd , Rezoning Case 22 - 15 was recommended for approval by a unanimous vote of 7 - 0 at the May 17 , 2022 Planning Board Meeting Rezoning Case 22 - 16 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M02008E , 11M02008C & 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 ; antique and ice cream retail Mr Marr introduced the case and referenced the information listed above Mr Marr added that this petition was heard by the Board on March 15 , 2022 and recommended for approval The Applicant withdrew before the case was heard by the Board of County Commissioners The new application includes an additional parcel Mr John Oglesby , 115 E Third St , Wendell , NC , CSD Engineering , representing the Applicant Owner , stated the particulars of the request and the reason for the previous withdrawal Mr Oglesby also explained changes in the latest preliminary site plan as a result of concerns shared at the March 15 , 2022 Board meeting Mr Oglesby also discussed stormwater management and plans for the back portion to be placed in a conservation easement Chairman Letchworth asked Mr Oglesby about the location of the antique and ice cream shop Mr Oglesby pointed out the location of the shop ; it would be located in front of the cemetery in the existing old house on the subject property 18Page9Ms Holmes acknowledged the response to community feedback and for submitting a new application with changes based on the received feedback 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 Ms Hackler to approve Rezoning Case 22 - 16 , seconded by Ms Holmes , Rezoning Case 22 - 16 was recommended for approval by a unanimous vote of 7 - 0 at the May 17 , 2022 Planning Board Meeting 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 14 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 19Page016 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 - 17 Rezoning Petition Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 06E03012A , 06E03011T , & 06E03009A Owner Phillip & Kathleen Wood Applicant Shenandoah Homes Location 1500 Block of Cornwallis Rd in the Cleveland Township Conditional Zoning Request Single family residential with sewer access Mr Marr introduced the case and referenced the information listed above Chairman Letchworth asked staff if there was a final TIA Mr Newton confirmed and advised that TIA requirements were met Mr Bob Spence , 212 S Second St , Smithfield , NC , Attorney with Spence & Spence representing the Applicant , stated the particulars of the request and provided an overview of the proposed development Chairman Letchworth asked Mr Spence about the location of road B Mr Andy Mills , 3724 National Dr , Suite 215 , Raleigh , NC , Engineer with Shenandoah Homes , addressed the TRC comments and distributed additional sets of plans for the Board’s review Mr Mills stated that all requirements would be met and that there will be curb and gutter for drainage system and runoff Ms Davis asked Mr Mills about the open space and walking trails to distinguish between them and neighboring properties Mr Mills explained that the walking trails will connect to an existing neighborhood and that there will be no impact on stormwater to the adjacent property Ms Holmes asked about the type of buffer on lots adjacent to the existing pond that is not on the subject property Mr Mills responded that they are providing a landscape buffer along the subject property lines 20Page1Mr Hudson asked Mr Mills for more information concerning their stormwater management Mr Mills discussed stormwater management practices including lot design and grading , curb and gutter on the streets , and a stormwater treatment pond Ms Davis asked Mr Mills about Phase 2 Mr Mills responded that both Phase 2 and Phase 3 are active construction Mr Jeremy Gallow , 114 Lisburn Ct , Garner , NC , is a nearby resident in the first phase of the subdivision Mr Gallow stated that he was not aware of a fourth phase at the time of his home purchase Mr Gallow shared concerns of shared amenities , lack of walking trails in the first phase , amended covenants , and builder practices Mr John Langdon , 618 Cornwallis Rd , Garner , NC , is an adjacent property owner to the west of the subject property Mr Langdon shared concerns about the increased traffic on Cornwallis Rd Mr Langdon also shared concerns about stormwater and runoff into the pond on his property Ms Hackler left the meeting Mr Brent Williford , 1507 Cornwallis Rd , Garner , NC , is an adjacent property owner directly across the road from the subject property Mr Williford shared concerns about the impact on traffic and existing visibility and navigation issues out of concern for safety Ms Tori Gallow , 114 Lisburn Ct , Garner , NC , is a nearby resident in the first phase of the subdivision Ms Gallow shared concerns about communication with the Developer and management of amenities , as well as the impact on traffic and existing visibility issues Mr Langdon further clarified traffic concerns after reviewing the revised preliminary site plan Mr Jeffrey Hauser , 54 Lisburn Ct , Garner , NC , is a nearby resident in the first phase of the subdivision Mr Hauser shared concerns about Developer practices and the absence of annual meetings since 2020 Mr Hauser also shared concerns about a lack of amenities , traffic concerns , and infrastructure Chairman Letchworth asked about amenities not being provided and stated that amenities are sometimes viewed as trade - offs for sewer Chairman Letchworth stated that the density the rezoning allows could be traded for higher quality amenities Chairman Letchworth asked for the method of communication to potential buyers about provided amenities 21Page2Mr Hauser shared that residents on Kinsale Ct paid a premium for those lots and now more development is occurring Mr Hauser also shared that the walking trails around the development and the sports fields in the open space were not provided Mr Hauser stated that as a potential buyer he was shown plans that included these amenities Ms Holmes asked Mr Hauser about the covenant concerning common space and amenities Mr Hauser stated that the covenant does not specifically list amenities Mr Gallow spoke about marketing material and stated as a new buyer he received a brochure that highlighted walking trails and pond Mr Gallow stated the developer amended the covenant when they changed the square footage requirement when they sold other phases to a new builder Chairman Letchworth advised that the Board is operating under a different set of zoning rules now and have some tools available that weren’t available in the past Mr Williford requested that the landscape be improved in the proposed development Ms Holmes asked staff about site plans for previously approved phases and if amenities were included Mr Newton explained that previous plans can be researched and provided at a later date Mr Spence stated that this was a zoning hearing Ms Slusser advised the Board of the standards to consider for a conditional zoning request Mr Mills showed pictures of the amenities Chairman Letchworth asked if the current amenities are consistent with the amenities shown to the Board Mr Spence stated that concerns can be addressed and put on the recorded plat Ms Howard asked about ensuring amenities appear on the final plat Mr Spence recommended requiring a recorded final plat Mr Newton advised that with conditional zoning any conditions that are negotiated must be agreed upon by the owner both verbally and in writing when the conditions are recorded Mr Mills stated that he could not address issues with the original Developer Mr Mills stated that what is on the site plan is what is supposed to be built Mr Mills addressed concerns , including amenities , traffic , and drainage 22Page3There 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 Ms Byrd asked staff about stormwater concerns and when it would be addressed Mr Newton stated that it would be a part of the stormwater permitting process through Johnston County Public Utilities Ms Davis asked about adding the condition that amenities are required in accordance with the updated preliminary site plan Ms Davis asked the Applicant if they were in agreement with the added condition to which the Applicant affirmed Staff Recommendation Approval Upon a motion by Ms Davis to approve Rezoning Case 22 - 17 with the conditions of the updated preliminary site plan dated May 17 , 2022 showing the entrance moved and provided amenities , seconded by Mr Hudson , Rezoning Case 22 - 17 was recommended for approval by a unanimous vote of 6 - 0 at the May 17 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Amenities and driveways are consistent with updated preliminary plat dated 5 - 17 - 2022 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 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 11 Maximum density of 15 units per acre 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 13 TIA RECOMMENDATIONS Recommended Improvements by Developer Cornwallis Rd ? Widen to a three - lane section 2 - lane w TWLTL between the proposed Site Access 1 and proposed Site Access 2 23Page4Cornwallis Road and S Shiloh Rd ? Stripe the proposed TWLTL to provide an exclusive eastbound Cornwallis Rd left - turn lane with a minimum of 50 feet of storage with appropriate taper length Cornwallis Road and Manassas Way Site Access 1 ? Construct the southbound approach Site Access 1 with one ingress lane and one egress lane ? Provide stop - control for the southbound approach Site Access 1 ? Provide for an exclusive eastbound Cornwallis Road left - turn lane with a minimum of 100 feet of storage with appropriate decel and taper ? Provide for an exclusive westbound Cornwallis Rd left - turn lane with a minimum of 50 feet of storage with appropriate decel and taper Cornwallis Road and Site Drive # 3 ? Construct the northbound approach Site Access 2 with one ingress lane and one egress lane ? Provide stop control for the northbound approach Site Access 2 ? Stripe the proposed TWLTL to provide an exclusive westbound Cornwallis Road left - turn lane with a minimum of 50 feet of storage with appropriate taper length NCDOT TIA Recommendations & Review The following comments are in addition to individual intersection improvements recommended by the TIA and are considered necessary for consistency with local District and Division policy If an intersection is not listed herein , then the Division concurs with the TIA recommendations SR 1525 and Proposed Site Access # 1 ? Cornwallis Road o EB Left - Turn Lane with 100 ’ of storage and appropriate taper o WB Left - Turn Lane with 100 ’ of storage and appropriate taper is required as part of the existing phase of the Annandale Development This will be required before any additional lots or phases are approved ? Proposed Site Access # 1 o Two - lane cross - section one ingress , one egress with full access o 100 ’ Internal Protected Stem SR 1525 and Proposed Site Access # 2 ? Cornwallis Road o WB Left - Turn Lane with 100 ’ of storage and appropriate taper 24Page5? Proposed Site Access # 2 o Site Drive may need to be relocated to accommodate storage lengths needed for back to back left turn lanes o Two - lane cross - section one ingress , one egress with full access o 100 ’ Internal Protected Stem SR 1525 and SR 1526 ? Cornwallis Road o EB Left - Turn Lane with 100 ’ of storage and appropriate taper Other Requirements ? All driveways for this site on NCDOT ROW must be spaced 600 ’ on secondary and 1000 ’ on primary routes This is measured along the ROW line between the tangent projection of the inside edges of adjacent driveways apart measuring the distance between the radiuses of both driveways ? Any additional improvements that are constructed by others and not shown on this TIA or review must be maintained , while constructing the improvements required by this letter ? If any left turn taper overlaps with any existing or proposed middle turn lane or taper , the entire section will need to be widened to three lanes 14 Provide reverse frontage lot along Cornwallis Rd 15 Fee - in - lieu of open space shall be paid prior to recording 16 Show to whom open space is dedicated 17 Provide 20 ’ fee simple access to open space 18 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 19 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 [ NCDOT ] 20 A driveway permit and subdivision design approval must be obtained prior to construction 21 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 [ Public Utilities ] 22 Stormwater & Erosion Control Permits Required 23 Stormwater Statement Required 24 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features 25Page625 Property is limited to 15 impervious area without stormwater management 26 Sewer service connection in accordance with Johnston County Residential Sewer Service Policy Condition number 2 was added by the Planning Board and accepted by the applicant during the PB Meeting Rezoning Case 22 - 18 Rezoning Petition Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 06F03013A , 06F03024X , & 06F03027P Owner Phillip & Kathleen Wood & Capital Properties of Raleigh Applicant Shenandoah Homes Location 1600 Block of Josephine Rd in the Cleveland Township Conditional Zoning Request Single family residential with sewer access Mr Marr introduced the case and referenced the information listed above Mr Bob Spence , 212 S Second St , Smithfield , NC , Attorney with Spence & Spence representing the Applicant , stated the particulars of the request and provided an overview of the proposed development Mr Andy Mills , 3724 National Dr , Suite 215 , Raleigh , NC , Engineer with Shenandoah Homes , addressed the TRC comments and distributed additional sets of plans for the Board’s review Mr Mills stated that they are reducing impervious below 12 and discussed the proposed plans for sewer access Mr Mills also spoke about already having conducted water system analysis and fire flow analysis Ms Howard asked Mr Mills about the change in lots and the loss of lot 9 Ms Austyn Beci , 3724 National Dr , Suite 215 , Raleigh , NC , with Shenandoah Homes confirmed that a lot was lost to allow for drainage Mr Richard Braswell advised that sewer capacity is not currently available and will not be expanded until 2024 Mr Marr stated that sewer capacity and anticipated project completion date are a part of the Johnston County Public Utilities conditions Mr Mills discussed the anticipated project timeline with regards to a current Johnston County Public Utilities project Mr Kristian Forslin , 57 Portsmouth Island Dr , Garner , NC , Island Creek Subdivision HOA President , spoke about the pump station and conversations with Johnston County Public Utilities Mr Forslin spoke in favor of abandoning the pump station and absolving 26Page7the HOA from ownership and liability Mr Forslin also shared concerns for increased traffic as a result of the proposed development , as well as vegetation buffers , Phase 6 stormwater drainage , and proposed amenities Chairman Letchworth asked Mr Forslin if he had seen the condition concerning abandoning the existing pump station Mr Forslin affirmed and wanted to speak in support of the condition Ms Davis asked about what happens to the existing pump station if it is abandoned Mr Forslin explained that the HOA owns the existing pump station and property He shared that there is a paved easement across the adjoining property There was discussion surrounding possibilities for the existing pump station Mr Mills added that they could work through possibilities with the HOA Chairman Letchworth stated that the condition could be strengthened with language stating the existing pump station be dismantled at no cost to the HOA Ms Sarah Graham , 39 Berwick Place , Clayton , NC , with Broadmoor Associates , shared concerns for property line designations where the proposed development adjoins property owned by Broadmoor Homeowners Association Inc Chairman Letchworth provided Ms Graham with copies of the preliminary site plan There was discussion about the adjoining properties 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 Davis to approve Rezoning Case 22 - 18 with the condition that amenities must be as shown on map updated on 5 - 17 - 2022 and condition # 21 be updated to include “ remove at no cost to Island Creek HOA , ” seconded by Ms Byrd , Rezoning Case 22 - 18 was recommended for approval by a unanimous vote of 6 - 0 at the May 17 , 2022 Planning Board Meeting The Applicant agreed to both conditions Conditions and Requirements [ Planning ] 27Page81 Complete flood plain information 2 Amenities must be as shown on map updated on 5 - 17 - 2022 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 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 11 Maximum Density of 15 units per acre 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 13 TIA RECOMMENDATIONS Improvements by NCDOT STIP W - 5704G STIP W - 5704G is expected to convert the intersection of Cornwallis Rd and North Shiloh Rd Josephine Rd to a single - lane roundabout Recommended Improvements by Developer Josephine Road and Site Drive 1 Site Drive 2 ? Construct the northbound approach and the southbound approach with one 1 ingress lane and one 1 egress lane ? Provide stop - control for the northbound and southbound approaches ? Provide an exclusive eastbound left - turn lane with a minimum of 50 feet of storage with appropriate deceleration and taper length ? Provide for an exclusive westbound left - turn lane with a minimum of 50 feet of storage with appropriate deceleration and taper length NCDOT TIA Comments ? Any roadway improvements and right - of - way dedication necessary to accommodate the road construction shall be the responsibility of the owner developers All required ROW shall be dedicated as public ROW in the final plat ? Lane closures for required improvement construction will only be permitted under restricted hours due to heavy traffic volume in the vicinity of the proposed development These restrictions will be determined during the driveway permitting application and approval ? These conditions are based on current traffic volumes and projected growth for the study area If the proposed build out year for this development , as stated in the TIA , varies more than one year an addendum or revised TIA may be required 14 Fee - in - lieu of open space shall be paid prior to recording 15 Show to whom open space is dedicated 16 Provide 20 ’ fee simple access to open space 28Page917 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 18 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 [ NCDOT ] 19 A driveway permit and subdivision design approval must be obtained prior to construction 20 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 [ Public Utilities ] 21 In order to be eligible for public sewer , the site must be designed so that no new wastewater pump station is required Any upsizing or improvements to the existing receiving Island Creek WWPS shall be the responsibility of the developer 22 The developer shall be responsible to abandon the existing private wastewater pump station in Island Creek Phase 6 Brunswick Island Court , and remove at no cost to Island Creek HOA , and gravity existing flow currently received into that station through the proposed Island Creek Reserve 23 Flow from this site is ultimately received at the Countys Landfill WWPS and Equalization Facility The facility is fully allocated with existing and permitted paper flow However , a project is under construction to allow for additional capacity at the site Project completion is anticipated by mid - 2024 24 If 17,000 SF of impervious area is proposed to be added , a stormwater permit will be required The site is located within the environmentally sensitive area and is limited to 12 impervious area without stormwater management With participation in the land dedication program , the maximum impervious area is 30