August 23, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , August 23 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , August 23 , 2022 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Denise Byrd , Adam Caldwell , Michelle Davis , Nicole Hackler , Brooke Holmes , Debbie Howard , Freddie Hudson , Will Letchworth , Matthew Moore Absent BOCC Representative , 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 led by Ms Hackler Approval of the Minutes Upon a motion by Mr Moore to approve the July 19th Planning Board Minutes , seconded by Mr Hudson , and carried by a unanimous vote of 7 - 0 , the July 19 , 2022 Planning Board Minutes were approved as presented Mr Earl Johnson , Clayton , NC , Applicant , requested the withdrawal of the Helen Stephenson Tract July 2022 from the agenda Ms Brooke Holmes arrived at 6 03 pm All speakers were sworn in Subdivisions Farmstone Meadows Owner Joseph Marion Pleasant Jr Developer ARS Development , LLC Surveyor Bass , Nixon and Kennedy Inc Acreage Lots 9659 acres , 61 lots Tax ID # 13B01011 Address 500 Block of Dupree Rd Mr Marr introduced the subdivision and referenced the above information Chairman Letchworth asked staff for clarification that this was a completely new submittal and not a continuation of a previous submittal that was tabled Mr Marr confirmed that this was a new submittal 1PageMs Hackler asked staff for the number of permitted lots Mr Marr responded that 127 lots is the maximum allowable density Mr Lew Starling , 405 E Market St , Smithfield , NC , Attorney representing the Applicant , was present to answer any questions the Board may have Mr Marty Bizzell , Bass , Nixon , and Kennedy , Inc , 6310 Chapel Hill Rd , Raleigh , NC stated the particulars of the development and was present to answer any questions the Board may have Ms Wanda Reardon , 519 Dupree Rd , Willow Spring , NC , an adjacent property owner , expressed concern about the easements for Dupree Farm and the pond on the subject property Mr Adam Caldwell arrived at 6 09 pm Mr Todd Sutton , 10298 Old Beulah Rd , Kenly , NC , expressed concerns for the impact on schools Mr Caldwell commented on the impact of schools Ms Holmes also commented on school capacity Mr Sutton spoke about school capacity and the concern for use of mobile units Ms Jill Parker , 195 Barbour Farm Ln , Four Oaks , NC , expressed concerns for school capacity Ms Parker also expressed concerns about the pond , the existing farm easement , and about possible trespassers Ms Parker also shared concerns for road safety Ms Parker requested fencing around the pond and farm easement Ms Parker shared photos and documents with the Board Ms Howard asked Ms Parker for clarification about the farm easement Mr Caldwell asked Ms Parker for clarification about the farm easement in relation to the pond There was discussion among the Board about the farm easement in relation to the pond and access to the pond Mr Joe Reardon , 519 Dupree Rd , Willow Spring , NC , an adjacent property owner , expressed concern about future access to food Mr Reardon also shared concerns about possible disturbance to existing streams , vegetation , and trees Mr Starling discussed the easement agreement entered in 2003 stating that it was an ingress egress and utility easement 2PageMr Reardon spoke about the farm equipment that remains on the Dupree Farm and the possibility of an attractive nuisance Mr Reardon spoke of the liability on both the farmer and the property owner 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 expressed concerns over the absence of buffers around Voluntary Agriculture Districts Mr Caldwell asked about the current submittal and if it eliminated the need for farm equipment to go through the proposed subdivision Mr Bizzell confirmed and stated that the farm equipment should still use the farm easement without needing to use the internal streets of the proposed subdivision Chairman Letchworth asked staff about County ordinance and stub out requirements Staff confirmed that the proposed design meets County ordinance requirements Mr Brent Wood , ARS Development , LLC , addressed the easement and stated that the proposed development would not impede the easement Ms Davis asked about the responsibility and maintenance of the pond on the subject property Mr Wood stated that the HOA would be responsible for maintaining the pond on the subject property Ms Davis asked about the use of the easement by future property owners of lots bordering the easement Ms Slusser reviewed Division 5 Design of Subdivisions as detailed in the Land Development Code with regards to what factors can be considered by the Board There was discussion among the Board about the easement Mr Starling confirmed that the easement is a private easement and is not being deeded to future property owners of lots within the proposed development Mr Hudson asked if the Applicant would be willing to consider Mr Reardon’s request for buffers along a stream Chairman Letchworth responded that the County ordinance requires a 50 feet buffer along blue line streams 3PageMs Davis noted the decrease in the number of proposed lots Staff Recommendation Approval Upon a motion by Ms Hackler to approve Farmstone Meadows , seconded by Ms Howard , Farmstone Meadows was approved by a vote of 6 - 3 at the August 23 , 2022 Planning Board Meeting , with Mr Moore , Ms Davis , and Mr Caldwell dissenting 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 Show to whom open space is dedicated 11 Provide 20 ’ fee simple access to open space 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 14 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 15 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 16 A driveway permit and subdivision design approval must be obtained prior to construction 17 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 18 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 4PagePage pageNumber5[ Public Utilities ] 19 Stormwater & Erosion Control Permits Required 20 Stormwater Statement Required 21 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call will be required to set the buffer start points or determine if the soil features are subject if they are shown differently from the soil map 22 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide “ No Parking ” signs on one side of the road 24 Provide turnaround at stubout near lot 30 25 Provide fire flow report T & T Boys Owner T & T Boys Developer T & T Boys Surveyor True Line Surveying Acreage Lots 159 acres , 1 lot Tax ID # 13C03005T Address 1112 Landmark Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr also spoke about the distance between driveways and requirements from NCDOT Ms Hackler asked for clarification of the new lot to which Mr Marr responded that they are requesting to divide lot 3 into two lots shown as lots 3 and 4 on the preliminary Ms Hackler asked staff about the location of the existing driveway Mr Curk Lane , 205 West Main St , Clayton , NC , Surveyor , stated the particulars of the subdivision and was present to answer any questions the Board may have Mr Lane stated they were asking for a variance on the requirement for an internal street and for clarification on the mail kiosk requirement Ms Hackler asked about the distance between the new driveway and the existing driveway to which Mr Lane responded that the new driveway would be 127 feet from the existing shared driveway Chairman Letchworth asked about the purpose for the proposed subdivision Mr Lane responded the purpose was to build one more house while maximizing road frontage without leaving undeveloped tag land There was no further discussion 5PagePage pageNumber6Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to driveways being closer than 500 feet of separation Staff Recommendation Denial Upon a motion by Ms Holmes to approve T & T Boys with an update to Item 7 in the Conditions and Requirements to allow for other acceptable mail units if allowed by the US Postal Service , seconded by Ms Hackler , T & T Boys was approved by a unanimous vote of 9 - 0 at the August 23 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 5 Fee - in - lieu of open space shall be paid prior to recording 6 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 7 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units , or other acceptable mail units bold added by Planning Board 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 ] 8 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 9 A driveway permit and subdivision design approval must be obtained prior to construction 10 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 11 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 6PagePage pageNumber712 Stormwater Permits required if 17,000 sf of impervious area total will be added 13 If an acre or more of disturbance is planned , an erosion control permit will be required 14 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 15 If a permit is required , property is limited to 15 impervious area without stormwater management [ Emergency Services ] 16 Provide construction details for access road 17 Provide “ No Parking ” signage along access road 18 Provide turn - around details Applewhite Subdivision Owner MHB Development , LLC Developer MHB Development , LLC Surveyor Bass , Nixon , & Kennedy , Inc Acreage Lots 557 acres , 5 lots Tax ID # 16K03199A Address 6279 Applewhite Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr shared information from the Land Development Design Manual regarding easements in developments creating 4 or more lots Ms Hackler asked if there were any shared driveways shown on the preliminary plat Mr Newton responded showing the location of a proposed dedicated easement for the proposed subdivision with all lots being served by the proposed dedicated easement Chairman Letchworth spoke on the County’s requirement for a dedicated right - of - way for major subdivisions Mr Marty Bizzell , Bass , Nixon , and Kennedy , Inc , 6310 Chapel Hill Rd , Raleigh , NC stated the particulars of the development and was present to answer any questions the Board may have Mr Bizzell stated that the 30 feet easement on the preliminary plat is an existing easement shown on a plat in 2006 and again on a plat earlier this year The Applicant owns neighboring property and has improved the easement to private road standards The existing easement is currently serving properties and is in use Mr Bizzell stated that the intent is to use the easement for the proposed new lots and designed the subdivision around the easement Mr Bizzell also stated that they request a waiver to use the existing easement that is platted for access to the proposed development Ms Hackler asked about the requirement of 500 feet separation between driveways Mr Bizzell responded that they are considering it an existing easement in place 7PagePage pageNumber8Ms Davis asked about the pond on the subject property Mr Bizzell responded that the pond would be on the proposed lot 3 Mr Caldwell asked for clarification about the number of driveways on Applewhite Rd Mr Bizzell responded that the proposed five new lots would be served by the existing easement private road with no direct access onto Applewhite Rd Mr Bizzell also clarified that there were three total driveways on Applewhite Rd within 500 feet Chairman Letchworth asked for clarification that the private road is 18 feet wide on a 30 feet easement to which Mr Bizzell confirmed Mr Marr noted NCDOT requires a paved driveway for the easement and lot 7 be served off the easement Mr Newton added that the pavement requirement is for the apron Chairman Letchworth asked about the hardship for not being able to meet the required 50 feet right - of - way Mr Bizzell responded that the owner has taken action to improve the existing easement to proper road standards to serve the existing lot 1 Ms Hackler asked if any modifications were needed to the conditions and requirements Mr Bizzell stated they were in agreement with the conditions and requirements as stated in the staff report Ms Davis asked about the driveway for existing lot 2 Mr Caldwell asked about the feasibility of using the easement for existing lot 2 for the proposed new lots 3 and 4 There was discussion among the Board about the easement Mr Mike Morrison , MHB Development , LLC , 208 Forest Oaks Dr , Archer Lodge , NC , shared information about the existing easement and shared that the easement at the north of the property is not on the subject property , is a private drive , and is owned by adjacent landowners Mr Hudson asked if the existing easement goes all the way to the existing lot 1 to which Mr Morrison confirmed Mr Joe Allen , 6117 B Applewhite Rd , Wendell , NC , a nearby property owner , spoke about the private pond near the subject property and expressed concerns that the existing riparian buffer is maintained Chairman Letchworth asked Mr Allen about the existing riparian buffer around the pond 8PagePage pageNumber9Mr Allen stated that the existing riparian buffer around the pond was 60 feet Mr Morrison stated that the proposed 5 lots do not touch the pond that Mr Allen was referencing The existing lot 1 does touch a portion of the pond that Mr Allen was referencing The home on the proposed new lot 3 would be about 340 feet from the buffer around the pond Mr Morrison stated that they are very conscious of the pond and maintaining it Ms Davis asked if there would be a HOA Mr Morrison responded that there would not be a formal HOA , but there would be a road maintenance agreement and covenants that would be recorded Ms Davis asked about access to the pond from the proposed new lots Mr Morrison stated that they intentionally stopped the easement at the existing lot 1 and the proposed new lots do not have access or rights to the pond Ms Davis asked about the gravel drive to the north of the subject property Mr Morrison stated that the proposed new lots would not have access to the gravel drive or private drive to the north of the subject property Mr Morrison also stated that the pond on the proposed lot 3 would remain as is Mr Allen expressed concerns about runoff and impact on the pond Mr Newton shared information about North Carolina state requirements for riparian buffers There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to not having a dedicated ROW meeting county requirements and easement being within 500 feet of existing driveway Chairman Letchworth asked about the maximum lot allowance for a proposed minor subdivision to which Mr Marr stated that 3 lots per five years is the maximum allowance There was discussion among the Board and staff concerning minor subdivisions Chairman Letchworth expressed concern for setting a precedent for allowing a variance for a developer that improves an existing access easement and then proposing a major subdivision along the improved access easement Ms Holmes asked Ms Slusser about the staff recommendation of denial Ms Slusser responded that hardship is the standard and the determination is whether or not there is a hardship 9Page0Chairman Letchworth stated that the easement is not a right - of - way There was discussion among the Board Ms Davis asked about the possibility for future subdivisions of lots using the proposed new lot 3 as an example Mr Morrison stated that the declarations and covenants will include that the proposed new lots cannot be further subdivided in the future Staff Recommendation Denial Upon a motion by Ms Hackler to approve Applewhite Subdivision due to proven hardship , seconded by Ms Holmes , Applewhite Subdivision was approved by a vote of 8 - 1 at the August 23 , 2022 Planning Board Meeting , with Mr Caldwell dissenting 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 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 11 Fee - in - lieu of open space shall be paid prior to recording 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 10Page115 A driveway permit and subdivision design approval must be obtained prior to construction 16 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 18 Paved driveway requirement for easement Lot 7 shall be served off easement [ Public Utilities ] 19 Stormwater & Erosion Control Permits Required 20 Stormwater Statement Required 21 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 22 Property is located within the ESA and limited to 12 impervious area without stormwater management 23 Johnston County’s responsibility will end at the proposed gang meter assembly at the NCDOT ROW The access easement should also include a utility easement for the water service lines to be installed to each proposed lot [ Emergency Services ] 24 Provide construction details for access road 25 Provide “ No Parking ” signage along access road at fire hydrant locations 26 Provide turn around details 27 Provide a fire flow test 28 Provide fire hydrant distribution plan layout Neuse Ridge Owner Andrew James Stevens Developer Clay Pigeon LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 1804 acres , 25 lots Tax ID # 17K06023N Address 300 Block of Cascade Knoll Dr Mr Donnie Adams , 314 E Main St , Clayton , NC , Surveyor Engineer with Adams & Hodge Engineering , PC , requested that Neuse Ridge be tabled until the October 18 , 2022 Planning Board Meeting Upon a motion by Mr Caldwell to table Neuse Ridge until the October 18 , 2022 Planning Board Meeting , seconded by Ms Howard , Neuse Ridge was tabled by a unanimous vote of 9 - 0 at the August 23 , 2022 Planning Board Meeting 11Page2There was a brief 10 minute break Everette Landing Owner WVJ Ventures , LLC Van Jones Developer WVJ Ventures , LLC Van Jones Surveyor Merle Hall , Hall Land Surveying , Inc Acreage Lots 31 acres , 28 lots Tax ID # 12N09074 Address 1399 Campground Rd Mr Marr introduced the subdivision and referenced the above information Mr Merle Hall , Hall Land Surveying , Inc , 1899 Stevens Chapel Rd , Smithfield , NC stated the particulars of the development and was present to answer any questions the Board may have Mr Hall also discussed the two easements on the subject property Ms Hackler asked about the cell tower easement to which Mr Hall described a possible relocation of the easement Ms Hackler asked if a Voluntary Agricultural District note was required on the preliminary plat Mr Hall stated that the Voluntary Agricultural District note was added to a revised preliminary plat , as well as the addition of a mail kiosk 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 Hackler to approve Everette Landing , seconded by Ms Byrd , Everette Landing was approved by a unanimous vote of 9 - 0 at the August 23 , 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 12Page39 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Show to whom open space is dedicated 11 Provide 20 ’ fee simple access to open space 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 16 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 18 All lots shall be served internally [ Public Utilities ] 19 Stormwater & Erosion Control Permits Required 20 Stormwater Statement Required 21 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 22 Please provide approval from the gas company for the easement crossings impacts 23 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 24 Provide construction details for access road 25 Provide “ No Parking ” signs along access road at fire hydrants 26 Provide grade information 27 Provide turn - around details 28 Provide a fire flow test for proposed location 29 Provide fire hydrant distribution plan layout 13Page4Cuddington 2 Denning Tract Owner Wayne Cuddington , Tracy Denning Developer Steel Bridge Crossing LLC Surveyor Freedom Firm , PC Acreage Lots 7459 acres , 66 lots Tax ID # 07E07020Y , 07E07020Z , 07E07020X , 07E07020M , 07E07020Q , 07E07020W , 07E07020L , 07E07021D , & 07E07021E Address 4312 NC Hwy 50 Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that Cuddington 2 was approved in January 2022 with 25 lots This proposal includes those 25 lots plus an additional 41 lots for a total of 66 lots Mr Marr also stated that a revised preliminary site plan was received that shows the lot sizes in excess of 30,000 square feet Mr Carlos Bagley , Freedom Firm , PC , 63 Watkins Rd , Clayton , NC , stated the particulars of the development and was present to answer any questions the Board may have Mr Bagley distributed revised copies of the preliminary site plan to the Board Mr Bagley spoke about the NCDOT requirement for a left turn lane on NC HWY 50 and a 30 feet emergency access between lots 39 and 40 off Tarheel Rd Mr Caldwell asked about a turn lane requirement by NCDOT to which Mr Bagley spoke about the required left turn lane on NC HWY 50 Ms Hackler expressed concern for the impact on the school district with enrollment already exceeding school capacity Mr Kyle Honeycutt , 46 Denning Rd , Benson , NC , a neighboring land owner , expressed concern for the intersection and increased traffic Mr Honeycutt shared thoughts for a roundabout for the intersection and asked that the developer consider revising lots 35 and 36 to allow for shared burden should a future roundabout exist Mr Honeycutt spoke in favor of the emergency access 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 asked Ms Slusser about consideration of the intersection and public safety Ms Slusser reviewed Division 5 Design of Subdivisions as detailed in the Land Development Code and what can be considered by the Board , specifically Section 14 - 221 with regards to intent and Section 14 - 226 with regards to access and circulation Mr Moore spoke about the intersection with regards to the call volume received by the local Fire Department 14Page5Ms Davis asked about NCDOT’s approach to sharing burden among property owners when modifying intersections with roundabouts or all - way stops Ms Hackler shared that many factors are considered when modifying intersections , such as environmental and human factors Chairman Letchworth spoke about rural roundabouts and various access scenarios for the proposed subdivision Mr Hudson asked Mr Bagley about an HOA to which Mr Bagley confirmed that there would be a HOA Ms Davis asked about the emergency access and preventing the use of the emergency access by future property owners Mr Moore asked about entry for emergency vehicles using the emergency access to which Mr Newton described the use of a knox box for access There was discussion among the Board concerning the emergency access Staff Recommendation Approval Upon a motion by Mr Caldwell to deny Cuddington 2 Denning Tract due to safety concerns , seconded by Ms Byrd , Cuddington 2 Denning Tract was denied by a vote of 6 - 3 at the August 23 , 2022 Planning Board Meeting , with Mr Letchworth , Ms Hackler , and Ms Davis dissenting Aquilla Bluffs - August 2022 Owner Crossroads Development Corp , Judy Pollard , Gene Carroll Developer Steel Bridge Crossing , LLC Surveyor Freedom Firm PC Acreage Lots 9278 acres , 83 42 previously approved lots Tax ID # 07D06030J & 07D06030C Address 780 Aquilla Rd , Benson Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that Aquilla Bluffs was approved in January 2020 with 42 lots This proposal includes those 42 lots plus an additional 41 lots for a total of 83 lots Mr Marr also spoke about the lot sizes Mr Carlos Bagley , Freedom Firm , PC , 63 Watkins Rd , Clayton , NC , stated the particulars of the development and was present to answer any questions the Board may have Mr Bagley distributed revised copies of the preliminary site plan to the Board Chairman Letchworth asked about a required turn lane on Aquilla Rd to which Mr Bagley responded that they will know more when they apply for driveway permits 15Page6Mr Marr stated that NCDOT only stated that driveway permits were required during TRC review Ms Holmes asked if there was an existing home on lot 4 to which Mr Bagley stated that no home had been constructed Mr Bagley stated that lot 4 would likely go away and may become part of lots 3 and 5 Ms Davis asked about nearby Voluntary Agricultural Districts and if they needed to be noted on the preliminary site plan Mr Bagley responded yes and that a note was included on the preliminary site plan Ms Davis expressed concern for the impact on the school district with enrollment already exceeding school 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 Staff Recommendation Approval Upon a motion by Ms Hackler to approve Aquilla Bluffs - August 2022 , seconded by Ms Holmes , Aquilla Bluffs - August 2022 was approved by a unanimous vote of 9 - 0 at the August 23 , 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 Aquilla Rd 11 Fee - in - lieu of open space shall be paid prior to recording 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 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 16Page7c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 16 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 19 Stormwater Statement Required 20 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call will be required to set the start point if one has not been completed already 21 Property is limited to 15 impervious area without stormwater management 22 Fire flow to the subdivision may be marginal Engineer developer will be required to evaluate 8 ” water main into the subdivision if 6 ” does not provide adequate fire flow [ Emergency Services ] 23 Provide construction details for access road 24 Provide “ No Parking ” signage along access road at fire hydrant locations 25 Provide fire flow test 26 Provide fire hydrant distribution plan layout Graham’s Place Owner Miland , Inc Developer Miland , Inc Surveyor Sanderson Engineering , Inc Acreage Lots 10837 acres , 88 lots Tax ID # 04Q07018T Address 6400 Block of Princeton Kenly Rd Ms Howard recused herself from hearing and voting on Graham’s Place Mr Marr introduced the subdivision and referenced the above information 17Page8Mr Steven Sanderson , Sanderson Engineering , Inc , 2485 Wendell Blvd , Wendell , NC , stated the particulars of the development and was present to answer any questions the Board may have Ms Hackler spoke about the amount of wetlands on the subject property and asked about the space available for constructing homes Mr Sanderson responded that the wetlands and setbacks were considered and there is room for home construction on the lots that contain wetlands Ms Hackler asked about one mail kiosk for the proposed number of lots Mr Sanderson confirmed one mail kiosk and is willing to add other mail kiosks if needed Mr Sanderson also stated that there would be two parking spaces at the mail kiosk location Ms Holmes asked about the roads that stop on the preliminary site plan to which Mr Sanderson stated those roads would be stubbed Mr Sanderson shared that there are wetlands on the adjacent properties and the intention was to allow adjacent property owners access without having to cross the wetlands Ms Hackler expressed concern for the impact on the school district with enrollment already exceeding school capacity Mr Sanderson noted the reverse frontage buffer and the use of internal streets to access all proposed lots , as well as all proposed lots meeting the 40,000 square feet requirement 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 Graham’s Place , seconded by Mr Moore , Graham’s Place was approved by a unanimous vote of 8 - 0 at the August 23 , 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 18Page96 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Stubout Street extension signage in accordance with LDC Sec 14 - 226 g 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Fee - in - lieu of open space shall be paid prior to recording 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 16 All design aspects of the plans shall comply with the current NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and Policy on Street and Driveway Access to North Carolina Highways 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 19 Stormwater Statement Required 20 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call will be required to set the start point if one has not been completed already 21 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 22 Provide construction details for access road 23 Provide “ No Parking ” signs along access road at fire hydrant locations 24 Provide grade information 25 Provide turn - around details at each stub out street 26 Provide fire flow test 27 Provide fire hydrant distribution plan layout 19Page0Rezoning and Conditional Zoning Cases Rezoning Case 22 - 22 Rezoning Petition General Business – Special Use District GB - SUD to General Business GB Tax ID 06E02028C Owner Krishna SAI , LLC Applicant Krishna SAI , LLC Location 512 acre tract located at 10842 Cleveland Road in Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Marr noted this site was granted a 24 month zoning extension in 2020 ; it was originally rezoned to GB - SUD in 2012 and subsequently extended every 2 years until present Mr Raghu Katuru , 113 Townsend Dr , Clayton , NC , Applicant , stated the particulars of the request and confirmed the request to rezoning to General Business when asked by Chairman Letchworth Mr Newton discussed Chapter 160D of the North Carolina General Statutes concerning rezoning options There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 22 - 22 , seconded by Mr Moore , Rezoning Case 22 - 22 was recommended for approval by a unanimous vote of 9 - 0 at the August 23 , 2022 Planning Board Meeting Rezoning Case 22 - 23 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 16K02028 Owner Ricky L Wood & Teresa J Wood Applicant Adams & Hodge Engineering , PC Location 5 acres of a 4574 acre tract located at Lake Wendell Rd and Salem Church Rd in the Wilders Township Conditional Zoning Request Outdoor Storage Mr Marr introduced the case and referenced the information listed above 20Page1Ms Hackler spoke about the surrounding land uses and various zonings and lack of consistency Ms Holmes agreed with Ms Hackler’s comments Mr Newton discussed the surrounding land uses and various zonings Mr Donnie Adams , 314 E Main St , Clayton , NC , Surveyor Engineer with Adams & Hodge Engineering , PC , stated the particulars of the request and was present to answer any questions the Board may have Chairman Letchworth asked about the location of the portion of the parcel being requested for rezoning to which Mr Adams responded by pointing out the area on GIS MapClick Mr Hudson asked about the hours of operation to which staff responded it was stated in condition item 4 Mr Adams discussed reasons for the proposed hours of operation Chairman Letchworth asked about the preliminary site plan to which Mr Adams clarified that this request is for all outdoor storage with no proposed structures Mr Adams also stated that one of the proposed conditions included a future covered 3 - sided outdoor storage area Mr Tony Parker , 237 South Main St , Four Oaks , NC , Pastor of Salem Baptist Church , expressed concerns for noise during church services and asked about fencing around the outdoor storage facility , specifically the church side of the facility Mr Adams responded that it would not take up the entirety of the portion of the parcel neighboring the church and provided an approximate distance from the church to the proposed facility 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 Chairman Letchworth asked Mr Adams about the proposed conditions to which Mr Adams agreed to the proposed conditions Chairman Letchworth spoke about the increase in storage facility requests in rural areas There was discussion among the Board There was a question from the audience about rezoning for this type of land use request to which Chairman Letchworth responded Staff Recommendation Denial 21Page2Upon a motion by Mr Moore to approve Rezoning Case 22 - 23 , seconded by Ms Davis , Rezoning Case 22 - 23 was recommended for approval by a unanimous vote of 9 - 0 at the August 23 , 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 Purpose The purpose of the conditional zoning district is to allow for an outdoor storage facility All of the 500 ac property which is vacant is zoned AR district It is requested to rezone the property to GB - CD to allow for the construction of an outdoor storage facility Narrative Please refer to the Site Plan - Johnson Wood Storage prepared by A & H engineering , PC dated X XX XXXX No water and sewer utilities are planned because there is no building s proposed that would require water and sewer services Storm water management facilities are proposed since the development of the property to an outdoor storage would involve more than 17,000 sf of impervious surface area The storm water management facility will be designed so as to regulate the quantity and quality of storm water discharge from the property An 8 foot opaque fence or a 4 foot berm with an adequate planting of evergreen material , at staff’s discretion , to satisfy the intent of the opaque fencing requirement , will be installed around storage area The storage area will be accessed through a code gate located off Salem Church Rd The gate will be setback from the edge of the pavement on Salem Church Rd to allow for adequate stacking distance The actual surface of the storage area will be compacted gravel No pavement is proposed except at the entrance off Salem Church Rd In addition to the fence there will be 20 ft landscape buffers on Lake Wendell Rd and Salem Church Rd The adjacent residential properties to the west and south of the tract will be screened with a 10 ft landscape buffer All landscaping will be in accordance with the Johnston County buffer requirements Access to the property will be very low volume and will primarily be during working hours Area lighting will be engineered dark sky down lighting so as to not shine onto adjacent properties Proposed Uses 24 hour accessible outdoor storage Storage of RV’s , travel trailers , utility trailers non - enclosed and enclosed , boats , and 10 - wheeled box trucks 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 22Page3Board , and Board of Commissioners may propose additional conditions during the review process Please list any conditions that you propose , as the applicant , below Applicant Standard prescribed uses , setbacks , buffers , landscaping and other site development standards that would normally apply to the development parcels Conditions 1 Proposed uses Land use restricted to outdoor storage of boats , RV’s , travel trailers , trailers , and 10 - wheeled box trucks Proposed by applicant 2 The development shall conform to all requirements of the Johnston County Land Development Code Proposed by applicant 3 Lighting shall be engineered dark sky down - lighting so as to not shine onto adjacent properties Proposed by applicant 4 24 - hour accessibility Proposed by applicant 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff Proposed by applicant 6 Site may include a future covered 3 - sided outdoor storage area Proposed by applicant 7 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 8 All signage shall comply with the Johnston County sign code Proposed by applicant 9 If 17,000 SF of impervious area is planned or 1 acre will be disturbed , a stormwater permit will be required 10 If one acre or more is planned to be disturbed , an erosion control permit will be required 11 Emergency vehicles must be granted gate access and gate must be located far enough off of roadway to accommodate emergency vehicles 12 Fire hydrant needed at entrance on the same side of the road 13 An 8 foot opaque fence or a 4 foot berm with an adequate planting of evergreen material , at staff’s discretion , to satisfy the intent of the opaque fence requirement , will be installed around storage area 14 NCDOT driveway permit required 15 Gate shall be at least 100 ’ from right of way if trailer storage is proposed and be permitted by the Johnston County Building Inspections and the Fire Marshal Division Consider Envision Johnston - Comprehensive Land Use Plan Mr Newton spoke about the draft of the Johnston County Comprehensive Land Use Plan Mr Caldwell asked about the process of creating an action plan if the Comprehensive Land Use Plan is approved and if the Board would have opportunities to offer input 23Page4Mr Newton explained the process and the ability of the Board to advise at any time Mr Newton stated that there is already a draft action plan There was discussion among the Board Chairman Letchworth thanked Ms Davis for serving on the Steering Committee for the Comprehensive Land Use Plan Upon a motion by Ms Holmes to approve Envision Johnston - Comprehensive Land Use Plan , seconded by Mr Caldwell , Envision Johnston - Comprehensive Land Use Plan was recommended for approval by a unanimous vote of 9 - 0 at the August 23 , 2022 Planning Board Meeting Chairman Letchworth thanked staff for their work on the Comprehensive Land Use Plan Reconsideration Request Mr Donnie Adams , 314 E Main St , Clayton , NC , Surveyor Engineer with Adams & Hodge Engineering , PC , requested that Neuse Ridge be reconsidered and tabled until the September 20 , 2022 Planning Board Meeting Upon a motion by Mr Hudson to reconsider Neuse Ridge , seconded by Mr Moore , Neuse Ridge was reconsidered by a unanimous vote of 9 - 0 at the August 23 , 2022 Planning Board Meeting Upon a motion by Ms Hackler to table Neuse Ridge until the September 20 , 2022 Planning Board Meeting , seconded by Ms Holmes , Neuse Ridge was tabled by a unanimous vote of 9 - 0 at the August 23 , 2022 Planning Board Meeting Discussion Item Mr Caldwell requested to address the Board and resigned from his position on the Planning Board due to his recent appointment to the Economic Development Advisory Board Mr Caldwell applauded the work of the Board and staff The meeting ended at 9 20 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 24Page