June 21, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , June 21 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , June 21 , 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 , Freddie Hudson , Will Letchworth , Richard Braswell BOCC Representative Absent Brooke Holmes , Debbie Howard , Matthew Moore , 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 May 17th Planning Board Minutes , seconded by Ms Hackler , and carried by a unanimous vote of 6 - 0 , the May 17 , 2022 Planning Board Minutes were approved as presented Consent Agenda Consider request to nullify approval of a previous major subdivision submittal at the request of the new property owner Upon a motion by Mr Caldwell to approve the consent agenda item , seconded by Mr Hudson , and carried by a unanimous vote of 6 - 0 , the consent agenda item was approved as presented All speakers were sworn in Subdivisions Green Tract Owner Cloudbreak Investments , LLC Developer Cloudbreak Investments , LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 1309 acres , 10 lots Tax ID # 05G04048Q Address 1900 Block of Barber Mill Rd Mr Marr introduced the subdivision and referenced the above information 1PageMr Donnie Adams , 314 E Main St , Clayton , NC , Surveyor Engineer with Adams & Hodge Engineering , PC , stated the particulars of the development and was present to answer any questions Chairman Letchworth asked Mr Adams if there was opposition to a berm Mr Adams responded that there was a concern that Duke Energy would not allow a berm Mr Adams stated that he believed there may be room for one Ms Davis asked Mr Adams who would be responsible for maintaining the open space Mr Adams explained that the responsibility for maintaining the open space would be on the HOA Mr Nathan Evans explained the reasoning behind the design and explained that it had to do with safety Mr Evans stated that a berm would be too much Chairman Letchworth stated that some level of landscaping would be beneficial Mr Evans stated that they would be willing to do some landscaping around the development Mr Evans shared concerns that a berm would have to be very large and that smaller plants would be better Mr Hudson asked about the distance of the houses from Barber Mill Rd and if they meet setback requirements 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 The Board had further questions about the suggested landscape buffer Mr Newton responded Mr Evans asked about low growth plants for landscaping Mr Newton responded Chairman Letchworth asked Mr Adams about the separation between right - of - ways Mr Adams responded that there is 30 feet between right - of - ways and approximately 60 feet between roads Ms Hackler stated that there may be too many unknowns for landscape requirements Mr Newton explained possible detriments of current designs without landscaping 2PageThere was discussion among the Board Mr Evans stated that they are willing to plant 25 trees Staff Recommendation Approval Upon a motion by Ms Hackler to approve Green Tract with the condition of installing 25 medium size trees between Barner Mill Rd and Subdivision street in front of lots 5 - 9 , seconded by Ms Byrd , Green Tract was approved by a unanimous vote of 6 - 0 at the June 21 , 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 Developer shall install 25 medium size trees between Barber Mill Rd and Subdivision street in front of lots 5 - 9 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 3PageMinimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 19 Stormwater Statement Required 20 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call will be required since a feature is present on the soil map and is not shown on the plan 21 Property is located within the ESA and limited to 12 impervious area without stormwater management [ Emergency Services ] 22 Provide “ No Parking ” signs on same side of street as fire hydrants 23 Provide fire flow test Item in bold was added by Planning Board as condition of approval during the Planning Board Meeting Weaver Tract Owner RRT Development Company , LLC Developer RRT Development Company , LLC Surveyor Stocks Engineering Acreage Lots 2859 acres , 18 lots Tax ID # 10O07071D Address 1500 Block of Lowell Mill Rd Mr Marr introduced the subdivision and referenced the above information 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 stated that no trees were proposed to be cleared before development Ms Davis asked about the current location of a fire hydrant and its relocation Mr Stocks responded 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 4PagePage pageNumber5Upon a motion by Mr Caldwell to approve Weaver Tract , seconded by Mr Hudson , Weaver Tract was approved by a unanimous vote of 6 - 0 at the June 21 , 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 [ Public Utilities ] 17 Stormwater & Erosion Control Permits Required 18 Stormwater Statement Required 5PagePage pageNumber619 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 to set the buffer start point 20 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 21 Provide “ No Parking ” signs on same side of the road as fire hydrants 22 Provide Fire Flow Test 23 Relocate fire hydrant in cul - de - sac to lots 12 13 US 701 Tract - Wilkins Owner Samuel & Laurie Wilkins Developer Samuel Wilkins Surveyor Lee R Hines , Jr , PE Acreage Lots 1828 acres , 19 lots Tax ID # 02J16035C Address 7500 Block of US Hwy 701 Mr Marr introduced the subdivision and referenced the above information Mr Richie Hines , 630 Aiken Pkwy , Fuquay - Varina , NC , Surveyor , stated the particulars of the development and was present to answer any questions the Board may have Ms Hackler asked Mr Hines about the location and ownership of the pond Mr Hines explained that ownership had not been determined and that the pond has not been surveyed Ms Hackler asked Mr Hines about the pond being shown on the preliminary plat as partially on two different lots Mr Hines responded that he was flexible with what the Board wants to see in regards to the pond Chairman Letchworth asked Mr Hines if the layout was based on a soil survey Mr Hines confirmed Ms Hackler asked Mr Hines about a mail kiosk Mr Hines stated that he was unsure Mr Samuel Wilkins , 901 Marler Rd , Benson , NC , Developer , explained that trees were planted to harvest and that the pond was believed to be dug at the same time Mr Wilkins stated that the pond could possibly be filled in There was no further discussion 6PagePage pageNumber7Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Ms Hackler asked Ms Slusser if anything from the adjacent property owner is needed with regards to the pond Ms Slusser responded Ms Hackler asked Ms Slusser if the issue was beyond the Board’s purview Ms Slusser further explained and stated that any significant changes must come back to the Board Mr Wilkins stated that he is willing to modify the pond Chairman Letchworth advised that the Subdivision would have to return to the Board with any pond modifications Staff Recommendation Approval Upon a motion by Ms Byrd to approve US 701 Tract - Wilkins , seconded by Mr Hudson , US 701 Tract - Wilkins was approved by a unanimous vote of 6 - 0 at the June 21 , 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 7PagePage pageNumber8[ 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 [ 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 A buffer call will be required to set the buffer start points and determine if the pond is buffered or not 20 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 21 Provide “ No Parking ” signs on same side of street as fire hydrants 22 Provide road construction and cul - de - sac details 23 Provide fire flow test 24 Provide fire hydrant distribution information Rock Pillar Rd Tract Owner Jose Navarro Developer 2665 LLC Soheil Al - Awar Surveyor Michael Stewart Acreage Lots 3430 acres , 22 lots Tax ID # 15J08021 Address 900 Block of Rock Pillar Rd Mr Marr introduced the subdivision and referenced the above information Mr Mike Stewart , 4716 Carolton Dr , Raleigh , NC , Surveyor , stated the particulars of the development and was present to answer any questions the Board may have Mr Stewart explained that lots 21 and 22 are close to the intersection and that is the reason for the proposed shared driveway Mr Stewart also added that the pond would be left in an easement and would be maintained by the HOA 8PagePage pageNumber9Chairman Letchworth stated that the preliminary plat shows the pond as being split Mr Stewart explained that the existing pond would be maintained by the HOA Chairman Letchworth asked about the distance between the proposed shared driveway and the existing home Mr Stewart responded that he was unsure Ms Davis expressed concern about the shared driveway and the curve Ms Hackler asked for demonstration of hardship Mr Stewart explained that they didn’t want a road to go through the Environmentally Sensitive Area and that topography played a part as well There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to direct driveway access on to Rock Pillar Rd Ms Hackler stated that she felt the Applicant had shown hardship and that NCDOT was okay with the shared driveway Staff Recommendation Denial Upon a motion by Ms Hackler to approve Rock Pillar Rd Tract , seconded by Ms Davis , Rock Pillar Rd Tract was approved by a unanimous vote of 6 - 0 at the June 21 , 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 if lots 21 & 22 are approved as is , they must share a driveway 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 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 11 Driveways shall be separated 500 feet apart 9Page012 Show to whom open space is dedicated 13 Provide 20 ’ fee simple access to open space 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 [ 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 Lots 21 & 22 must share a driveway if approved [ Public Utilities ] 21 Stormwater & Erosion Control Permits Required 22 Stormwater Statement Required 23 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features A buffer call will be required to set the buffer start point 24 Property is located within the ESA and limited to 12 impervious area without stormwater management [ Emergency Services ] 25 Provide “ No Parking ” signs on same side of street as fire hydrants 26 Provide additional area for mail kiosk parking 27 Provide fire flow test 28 Relocate cul - de - sac hydrant to lot 7 8 The Laurel Owner Powhatan Farm , LLC Developer DRSFA , LLC Surveyor Stocks Engineering , PA 10Page1Acreage Lots 5922 acres , 46 lots Tax ID # 05J05030G Address 2641 Powhatan Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr added that this subdivision was tabled at the April 19 , 2022 Planning Board meeting Ms Hackler asked if anything had changed Mr Marr responded that stub - outs were removed from the previous proposal 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 the property that encroached in the railroad right - of - way and explained that upon approval the lot will be removed from the easement Mr Stocks also addressed runoff and drainage , explaining that runoff should not be a problem Mr Stocks explained that runoff would not flood any backyards and the property is at a higher elevation Mr Stocks addressed concerns about artifacts and advised that it would be addressed during the Corps of Engineers permit process Ms Hackler asked if the portion of subject property in right - of - way would be removed if approved Mr Stocks advised that it would be removed from right - of - way upon final plat Mr Stocks also explained that the Voluntary Agricultural District is shown on the preliminary plat The Developer , Dan Ryan Builders , explained that they had met with nearby property owners to address concerns from the last meeting The Developer advised that berm possibilities will be addressed after septic layout is complete The Developer also advised that road stub - outs were removed and stated they are willing to post “ No Trespassing ” signs to protect the property Mr Greg Holloman , 2735 Powhatan Rd , Clayton , NC , is a nearby property owner Mr Holloman expressed concerns about runoff and believes answers have not been clear Mr Holloman also expressed concerns about the possibility of a fence or berm Mr Gary Ivey , 2371 Powhatan Rd , Clayton , NC , is a nearby property owner Mr Ivey expressed concerns about runoff and stated that Stocks Engineering had told him that his property was higher than the subject property but a county engineer had told him that his property was lower than the subject property Mr Ivey asked for someone to give him a guarantee that his property will not be flooded Chairman Letchworth advised that the County has regulations concerning stormwater Ms Betty Woodall , 484 Packing Plant Rd , Smithfield , NC , is an adjacent property owner Ms Woodall expressed concerns about runoff Ms Woodall explains that heavy 11Page2rains already flood the swamp Ms Woodall also expressed concerns about trespassing and requested a fence Mr Stocks explained where water would runoff based on a topographic map Mr Ivey asked the Developer if he was willing to put in writing that no negative effects would result from the proposed development Chairman Letchworth responded advising that a written statement is not required for approval Mr Stocks explained about drainage based on a topographic map and advised that County ordinance doesn’t allow for lower properties to be negatively affected 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 Ms Davis stated that there were no requirements for fencing or buffering along Voluntary Agricultural Districts Mr Caldwell asked what recourse would residents have if properties were negatively affected Ms Slusser stated that stormwater permits are enforced by the County Ms Slusser also advised that if the Developer followed all regulations , there would be nothing the County could do Staff Recommendation Approval Upon a motion by Ms Hackler to approve The Laurel , seconded by Mr Caldwell , The Laurel was approved by a vote of 5 - 1 at the June 21 , 2022 Planning Board Meeting with Mr Hudson in dissent 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 12Page39 Stubout must be 150 ’ or less or have permanent turn around for Emergency vehicles 10 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 11 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 12 Show to whom open space is dedicated 13 Provide 20 ’ fee simple access to open space 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 [ 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 Turn lanes required [ Public Utilities ] 21 Stormwater & Erosion Control Permits Required 22 Stormwater Statement Required 23 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 24 401 404 permits and buffer authorization will be required for the stream crossing 25 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 26 Provide “ No Parking ” signs on one side of the street 27 Provide fire flow report 28 Provide fire hydrant distribution information 13Page4There was a brief 10 minute break Farmstone Meadows Owner Joseph Marion Pleasant Jr & DR Blalock Developer ARS Development , LLC Surveyor Bass , Nixon and Kennedy Inc Acreage Lots 14759 acres , 98 lots Tax ID # 13B01025 & 13B01011 Address 500 Block of Dupree Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr added that this subdivision was tabled at the May 17 , 2022 Planning Board meeting Mr Marty Bizzell , Bass , Nixon , and Kennedy , Inc , stated the particulars of the development and was present to answer any questions the Board may have Mr Bizzell explained that the existing farm easement would not be on any proposed lots and would not be changed Ms Davis asked Mr Bizzell for clarification on the location of the existing farm easement Mr Bizzell clarified its location Ms Hackler asked Mr Bizzell about the mail kiosk location Mr Bizzell responded that there would be an amenity area with parking Ms Davis asked Mr Bizzell about the pond on the subject property Mr Bizzell explained that the pond would be maintained by the HOA Mr Brent Wood explained that concerns expressed by surrounding landowners had been addressed Ms Wanda Dupree , 519 Dupree Rd , Willow Spring , NC , an adjacent property owner , expressed concern about the easements for Dupree Farm and wanted clarification on whether or not the easement will be left open Ms Dupree also shared concerns about the pond on the subject property Mr Joe Reardon , 519 Dupree Rd , Willow Spring , NC , an adjacent property owner , expressed concern about runoff and wanted to be sure that a 50 ’ buffer would be in place by the creek Mr Wesley Reardon , 8307 Kennebec Rd , Willow Spring , NC , expressed concern about the pond on the subject property Mr Reardon stated that materials in the bottom of the pond need to be addressed Mr Reardon also expressed concern about the existing farm easement Mr Reardon also had questions about NCDOT Road Maintenance and surrounding property owners ’ signatures Mr Reardon expressed additional concerns 14Page5about a previous auto shop and pit on the subject property and had concerns about existing wells and how to decommission them Ms Jill Parker , 195 Barbour Farm Ln , Four Oaks , NC , explained family history Ms Parker also expressed concerns about the pond on the subject property , the existing farm easement on the subject property , and about possible trespassers Ms Parker also asked about liability issues for road damages from farm equipment Chairman Letchworth asked about the width of the existing farm easement Ms Parker responded that it was a 50 ’ easement Mr Wesley Reardon advised that there are no ditches adjacent to the easement Mr Caldwell asked if the existing easement was the only easement Mr Wesley Reardon confirmed Chairman Letchworth asked how often the easement is used for farm equipment Ms Parker responded everyday Mr Joe Reardon stated that he felt the farmers would be taking a risk and wanted clarification on who is liable for road damages from farm equipment Chairman Letchworth requested clarification concerning the easement Mr Bizzell explained that a crossing would need to be designed for the farm easement and road intersection Mr Bizzell also advised that NCDOT would take the road over Mr Caldwell asked if natural vegetation by the creek would remain Mr Bizzell explained that the creek meets requirements for buffers but not all of them do Chairman Letchworth asked if the plan included clearing the road and home sites Mr Bizzell explained that the plan was to clear and grade enough for road , homes , and driveways Chairman Letchworth asked how to ensure no parking on the farm easement Mr Bizzell explained that is why lots are outside of the farm easement and that signage would be used Chairman Letchworth asked about the possibility of fencing along the farm easement Mr Bizzell responded that fencing was possible 15Page6Chairman Letchworth asked if NCDOT had mentioned any issues Mr Marr responded no Mr Caldwell asked who would repair the road if damaged by farm equipment Mr Newton explained that a Road Maintenance Agreement would be in place Mr Wood explained that he is open to fencing and intended to comply with all easement regulations Ms Parker asked how would the Developer ensure that there would be no issues with trespassers and asked if the Developer would be willing to fence all property lines Chairman Letchworth advised that the County Ordinance does not address trespassers Ms Dupree expressed concerns about parking and people utilizing the pond since it is adjacent to the farm easement Mr Bizzell explained that the stormwater management plan is approved by the County Ms Davis asked if the farm is in the Voluntary Agriculture District Ms Dupree responded that it is not 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 Caldwell stated that he still has concerns about the farm easement Ms Slusser advised that standards in the County Ordinance state new streets and roads and their relationship between adjacent properties can be taken into account Chairman Letchworth expressed that requiring fencing as a condition of approval would be wise and asked Ms Slusser if the Board could impose a condition to have a crossing suitable for farm equipment Ms Slusser explained that conditions must be clear There was discussion among the Board Chairman Letchworth made statements regarding road and easement intersection and standards Chairman Letchworth advised that the easement and right - of - way be the same width Ms Davis asked if an agreement for the farm easement would need to be in place 16Page7Mr Newton advised that the farm easement is already established Ms Hackler expressed that they recognize the farm but there is still a right to develop Ms Hackler also recognized that the Developer had met requirements and advised that the stormwater process is in place Staff Recommendation Approval Upon a motion by Ms Hackler to approve Farmstone Meadows with the condition of fencing , no trespassing signs , and that signage would be subject to approval by NCDOT , seconded by Chairman Letchworth , the motion failed with a vote of 3 - 3 with Mr Hudson , Ms Byrd , and Mr Caldwell in dissent Ms Byrd expressed concerns of safety with the farm easement Mr Caldwell also expressed concern for safety Chairman Letchworth asked if the Developer could improve the private easement into an intersection with signage Mr Wood explained that they are fine with creating an intersection Chairman Letchworth explained the NCDOT standards for intersections Ms Davis expressed concerns that an intersection makes it seem like the farm easement is a road and believes it may cause trespassing issues There was discussion among the Board Ms Davis stated that a fence may help reduce trespassing Mr Wood stated that they could turn the easement into private property and then it would be the owner’s responsibility Chairman Letchworth asked Mr Wood for clarification Mr Wood responded that he is more than willing to offer this alternative and then the property owners can install fencing and post signs as they deem appropriate Upon a motion by Mr Caldwell to deny Farmstone Meadows , seconded by Mr Hudson , the motion failed with a vote of 3 - 3 with Chairman Letchworth , Ms Davis , and Ms Hackler in dissent Upon a motion by Ms Davis to table Farmstone Meadows until the July 19 , 2022 Planning Board Meeting , seconded by Mr Caldwell , Farmstone Meadows was tabled by a vote of 5 - 1 at the June 21 , 2022 Planning Board Meeting with Chairman Letchworth in dissent 17Page8There was a brief 10 minute break Rezoning and Conditional Zoning Cases Rezoning Case 22 - 20 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11N05004E Owner Bonnie & Ricky Godwin Applicant David Ricky Godwin , Jr , Trustee Location 34 acres of a 1 acre tract located at 6217 NC HWY 39 in O’Neals Township Conditional Zoning To allow for Car Dealership Mr Marr introduced the case and referenced the information listed above Mr Chip Hewitt , 101 Blackstone Ln , Selma , NC , Attorney representing the Applicant was present to answer any questions the Board may have Mr Hewitt explained that the Applicant is currently in ownership of a nonconforming use business and that the Applicant is not looking to expand Mr Hewitt stated the Applicant is asking for a car dealership to sell fleet vehicles through the internet and needs an office location Mr Hewitt expressed that the Applicant will follow all regulations and adhere to conditions and that the Applicant is attempting to bring the property in compliance Mr Hewitt stated that the Applicant will maintain easement Mr Hewitt also stated that the current business was in place before the County Ordinance Mr Hudson asked about the location of the cars Mr Ricky Godwin , Jr , 460 Batten Pond Rd , Selma , NC , Applicant , explained that vehicles will only be online and by appointment only Mr Godwin stated that he will use the existing concrete pad and the office will be located inside the existing building Mr Godwin advised that he would be the only salesman and everything needed was already there 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 area and the Comprehensive Plan Chairman Letchworth asked if the conditions had been reviewed Mr Hewitt and Mr Godwin confirmed Mr Hudson asked if the Applicant would be okay with the condition of a 4 vehicle limit 18Page9Mr Godwin affirmed that a 4 vehicle limit would be fine Staff Recommendation Denial Upon a motion by Mr Hudson to approve Rezoning Case 22 - 20 with the condition of a 4 vehicle limit and hours of operation from 8 00 AM to 6 00 PM Monday through Friday , seconded by Ms Davis , Rezoning Case 22 - 20 was recommended for approval by a unanimous vote of 6 - 0 at the June 21 , 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 for the district would be for a small car dealership The dealership would contain a maximum of 8 vehicles and be accessible to the general public There will be no construction needed for the creation of the dealership This business is intended to serve the needs of the immediate area and Johnston County As a small business , the dealership will fit into the surrounding area without creating any visual disturbance and it will contribute to the small town characteristics The number of cars parked will be a maximum of 8 , but most of the time there will be less than 8 cars on the lot 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 No response given Conditions 1 Permitted Uses Automotive sales 2 The Conditional Zoning shall expire with the violation of any Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along NC Hwy 39 5 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 19Page08 Hours of operation shall be 7 00 AM to 7 00 PM 8 00 AM to 6 00 PM , seven days a week Monday through Friday 9 Limited to the storage and display of 8 4 vehicles for sale Applicant 10 NCDOT driveway permit required NCDOT requirement 11 Only a single driveway shall remain NCDOT requirement Items stricken through and followed by Bold were altered and agreed upon by the applicant during the Planning Board Meeting Rezoning Case 22 - 21 Rezoning Petition Agricultural Residential AR to Agricultural Residential - Conditional Zoning AR - CZ Tax ID 07D06009J Owner Roy Lee & Brenda Matthews Applicant Christina Howard Location 2545 acres of a 3108 acre tract located at 7618 Elevation Rd in the Elevation Township Conditional Zoning Event Wedding Venue Mr Marr introduced the case and referenced the information listed above Chairman Letchworth asked Mr Marr for clarification concerning the previous zoning designation Ms Christina Howard , 112 Hunter View Ln , Coats , NC , Applicant , expressed that they wanted to open an event wedding venue Ms Howard also stated that she was told to replace the fire hydrants Ms Hackler asked if the venue was in use Ms Howard advised that she had wanted to do this last year Chairman Letchworth asked for the number of events held and number of complaints received Ms Howard responded that 27 events have been held and a few Sheriff calls Mr Caldwell asked if the calls were before 11pm Ms Howard responded that only two were after 11pm Ms Melinda Matthews , 7498 NC HWY 87 S , Fayetteville , NC , a nearby property owner , expressed concerns about noise Ms Matthews stated that she has several residences and she is receiving complaints from tenants Ms Matthews had questions about a noise ordinance 20Page1Chairman Letchworth responded Ms Matthews stated that she feels buffers are needed for noise Mr Jacob McLamb , 7717 Elevation Rd , Benson , NC , a nearby resident , stated that he has had issues with noise produced by the venue Mr McLamb stated that he has expressed concerns to the property owners and nothing changed There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to property being in violation of Special Use Ms Byrd stated that Elevation Rd is rural Staff Recommendation Denial Upon a motion by Ms Byrd to deny Rezoning Case 22 - 21 , seconded by Mr Caldwell , Rezoning Case 22 - 21 was recommended for denial by a unanimous vote of 6 - 0 at the June 21 , 2022 Planning Board Meeting Ms Davis asked if the Board could work with the Applicant Mr Caldwell stated that he would like to see a way to reduce noise Mr Hudson expressed concerns about noise Chairman Letchworth further explained noise ordinance Zoning Map and Text Amendments Consider Zoning Map and Text amendments as related to the Land Development Code , Article VIII ; Flood Damage Prevention Upon a motion by Ms Hackler to approve the Zoning Map and Text amendments , seconded by Mr Hudson , and carried by a unanimous vote of 6 - 0 , the Zoning Map and Text amendments was approved as presented Discussion Items 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 21Page2Ms Byrd recused herself from voting on the written decision for Helen Stephenson Tract April 2022 Upon a motion by Mr Caldwell to approve the written decision for Helen Stephenson Tract April 2022 , seconded by Mr Hudson , and carried by a unanimous vote of 5 - 0 , the written decision for Helen Stephenson Tract April 2022 was approved as presented Grabtown Rd Subdivision April 2022 Owner RRT Development Developer RRT Development , LLC Surveyor Stocks Engineering Acreage Lots 7907 acres , 78 lots Tax ID # 04M15006A , 04N14030F , & 04M15006C Address 400 Block of Grabtown Rd Upon a motion by Mr Hudson to approve the written decision for Grabtown Rd Subdivision April 2022 , seconded by Mr Caldwell , and carried by a vote of 5 - 1 , the written decision for Grabtown Rd Subdivision April 2022 was approved as presented with Ms Hackler in dissent The meeting ended at 10 15pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 22Page