September 20, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , September 20 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , September 20 , 2022 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Denise Byrd , Michelle Davis , Nicole Hackler , Debbie Howard , Freddie Hudson , Will Letchworth , April Stephens BOCC Representative Absent Brooke Holmes , Matthew Moore , BOE Representative There is one vacant seat on the Board Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Chairman Letchworth opened the meeting at 6 12 pm with the Pledge of Allegiance led by Ms Hackler Approval of the Minutes Upon a motion by Ms Byrd to approve the August 23rd Planning Board Minutes , seconded by Mr Hudson , and carried by a unanimous vote of 7 - 0 , the August 23 , 2022 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions David Batten Tract Owner David Howard Batten Developer Nathan Evans Surveyor Chandler Land Surveying Acreage Lots 21507 acres , 10 lots Tax ID # 10O07009H Address 4000 Block of US HWY 301 N Mr Marr introduced the subdivision and referenced the above information Chairman Letchworth asked staff if lots should be accessed by internal streets to which staff confirmed Mr Nathan Evans , Developer , stated the particulars of the development and was present to answer any questions the Board may have Mr Evans explained that lots 1 and 2 would have a shared drive per NCDOT Chairman Letchworth asked Mr Evans what hardships are present 1PageMr Evans discussed the soils and flooding issues on the subject property , as well as neighbor interests Ms Davis expressed concerns of developing in floodplains Mr Evans discussed the floodplains on the subject property Ms Hackler asked about the nearby Voluntary Agricultural District and requested that it be noted on the preliminary plat Mr Hudson asked about the distance between the shared drive and adjacent lot Mr Evans responded that it was approximately 350 feet Ms Maren Draper , 1231 Davis Homestead Rd , Selma , NC , an adjacent property owner , expressed concerns about flooding and wetlands Ms Draper also shared that flooding has inhibited access in the past Chairman Letchworth advised that the proposed development would not directly impact the adjacent easement Ms Draper expressed concerns for the proposed development possibly changing current water flow Mr David True , 1227 Davis Homestead Rd , Selma , NC , an adjacent property owner , expressed concerns about the adjacent easement and runoff from proposed development flowing into easement Chairman Letchworth asked questions regarding the flooding There was discussion among the Board Mr Joey Creech , 3921 US HWY 301 , Selma , NC , an adjacent property owner , expressed concerns for flooding Mr Cliff Holloman expressed concerns of flooding , as well as concerns for the nearby intersection and location of the proposed drives Mr Adams discussed the 500 feet drive separation and discussed the possibility of tabling Chairman Letchworth asked about County Ordinances with regards to development in floodplains Mr Newton advised the Board Ms Byrd asked if staff looked at floodplains during review 2PageMr Newton discussed Flood Damage Prevention Standards from the County Ordinance Chairman Letchworth asked for clarification on development in floodplains There was discussion among the Board about floodplains Mr Hudson expressed concerns of flooding Ms Hackler expressed concerns of safety and driveway separation 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 US Hwy 301 Staff Recommendation Denial Upon a motion by Ms Hackler to deny David Batten Tract due to driveway separation , seconded by Ms Davis , David Batten Tract was denied by a unanimous vote of 6 - 0 at the September 20 , 2022 Planning Board Meeting 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 Hudson 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 6 - 0 at the September 20 , 2022 Planning Board Meeting Foscue Tract Owner John & Rani Foscue Developer Cloudbreak Investments , LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 3004 acres , 27 lots Tax ID # 11L05023Q Address 700 Block of Jordan Narron Rd Mr Marr introduced the subdivision and referenced the above information 3PageMr 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 the Board may have Mr Adams also spoke about a portion of the subject property being located within the Environmentally Sensitive District Ms Hackler asked about a power easement to which Mr Adams responded that it is not underground Mr Gregory Davis , 889 Jordan Narron Rd , Selma , NC 27576 , a nearby property owner , expressed concerns about stormwater runoff and leach field Mr Adams advised that the water flows northeast Mr Adams also stated that septic has not been totally determined but soils have been looked at Chairman Letchworth asked for clarification on runoff Mr Adams responded by showing on a topographic map Mr Davis expressed further concerns of leach field Ms Hackler 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 Foscue Tract , seconded by Mr Hudson , Foscue Tract was approved by a unanimous vote of 6 - 0 at the September 20 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots that are in the ESA must be a minimum of 40,000 sf All others shall be 30,000 sf minimum 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 4PagePage pageNumber510 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Provide reverse frontage lot buffer along Jordan Narron Rd 12 Fee - in - lieu of open space shall be paid prior to recording 13 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 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 [ 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 start point if one has not been completed already 22 A portion of the property is located within the ESA and limited to 12 impervious area without stormwater management A portion of the property is located outside of the ESA and is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide “ No Parking ” signage along access road at fire hydrant locations 24 Provide a fire flow test Barrow Meadows Owner Kenneth A Kennedy , III Developer Kirby Marshburn Building Corporation 5PagePage pageNumber6Surveyor Sanderson Engineering , Inc Acreage Lots 4997 acres , 45 lots Tax ID # 11L01027 Address Brett Rd at Earpsboro Rd Mr Marr introduced the subdivision and referenced the above information Mr 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 Mr Sanderson advised that NCDOT preferred a hammerhead Mr Sanderson also stated that he does not want the area across Brett Rd to be considered , lots 42 - 45 Ms Slusser asked Mr Sanderson if his intention was to amend the application to which Mr Sanderson confirmed Ms Hackler asked if he could amend the application to show the area not considered as reserved for future development Mr Sanderson stated that he would like to amend the application to lots 1 - 41 only Chairman Letchworth asked about lots 1 - 41 Ms Davis asked about the power easement on the subject property to which Mr Sanderson discussed the overhead power easement Mr James Wheeler , 156 Stratocastor Dr , Zebulon , NC , an adjacent property owner , expressed concerns about drainage Mr Sanderson responded by explaining where water flows naturally and advised that stormwater permits must be gained to develop There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to lots 42 - 45 not having a dedicated ROW meeting county requirements Staff Recommendation Denial Upon a motion by Ms Byrd to approve Barrow Meadows , seconded by Ms Hackler , Barrow Meadows was approved by a unanimous vote of 6 - 0 at the September 20 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 6PagePage pageNumber71 All lots must be a minimum of 40,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 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 Earpsboro Rd 11 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 12 Fee - in - lieu of open space shall be paid prior to recording 13 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 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 [ 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 There is an existing Utility Capital Reimbursement Agreement for the existing water main along Earpsboro Road that was previously installed by a 7PagePage pageNumber8developer Therefore , connection to the water main will require reimbursement for use of the water main along Earpsboro Road The reimbursement due will be 2496 per LF of water main from the intersection of Earpsboro Rd NC 96 to the proposed connection at Brett Rd approximately 4,100 LF 2496 102,336 [ Emergency Services ] 24 Provide fire access road detail 25 Provide “ No Parking ” signage along access road at fire hydrant locations 26 Provide cul - de - sac detail 27 Provide a fire flow test 28 Provide fire hydrant distribution system information Mulhollem Tract Owner Diane Mulhollem Developer Lipscomb Development LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 9612 acres , 45 lots Tax ID # 16K03020 Address 8700 Block of Covered Bridge Rd Mr Marr introduced the subdivision and referenced the above information Mr 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 the Board may have Mr Adams advised that a left turn lane would be constructed as required by NCDOT Mr Justin Lynch , 116 Jensen Dr , Wendell , NC , an adjacent property owner , expressed concerns about drainage Mr Adams responded and addressed concerns about stormwater runoff Mr Hudson asked about the remainder of the land on the subject property not included in the proposed development Mr James Lipscomb , 704 E Main St , Clayton , NC , Lipscomb Development LLC , responded that the remainder of the land not included in the proposed development would be retained by 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 Staff Recommendation Approval 8PagePage pageNumber9Upon a motion by Ms Hackler to approve Mulhollem Tract , seconded by Mr Hudson , Mulhollem Tract was approved by a unanimous vote of 6 - 0 at the September 20 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Provide reverse frontage lot buffer along Covered Bridge Road 12 Fee - in - lieu of open space shall be paid prior to recording 13 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 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 19 A left turn lane will be required [ Public Utilities ] 9Page020 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 to set the start point if one has not been completed already 24 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 25 Provide “ No Parking ” signage along access road at fire hydrant locations 26 Provide a fire flow test Rezoning and Conditional Zoning Cases Rezoning Case 22 - 24 Rezoning Petition Neighborhood Business - Special Use District NB - SUD to Agricultural Residential AR Tax ID 05G04032H Owner Ernest Adams American Legion Post 518 Applicant Ernest Adams American Legion Post 518 Location 245 acres located 187 Slate Top Rd in the Clayton Township Mr Marr introduced the case and referenced the information listed above Mr Charles Pittman stated the intention is to sell the subject property so he is seeking the rezoning 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 Howard to approve Rezoning Case 22 - 24 , seconded by Ms Hackler , Rezoning Case 22 - 24 was recommended for approval by a unanimous vote of 6 - 0 at the September 20 , 2022 Planning Board Meeting Rezoning Case 22 - 25 Rezoning Petition Community Business - Special Use District CB - SUD to Agricultural Residential AR Tax ID 13E04046V Owner John Phillip Stephenson and Kimberly Sutton Stephenson Applicant John Phillip Stephenson and Kimberly Sutton Stephenson Location 068 acres located 1251 Sanders Rd in the Pleasant Grove Township 10Page1Mr Marr introduced the case and referenced the information listed above Mr John Stephenson , 1251 Sanders Rd , Benson , NC , Applicant Owner , was present to answer any questions Chairman Letchworth asked about parking on the adjacent property to which Mr Stephenson responded 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 Mr Hudson to approve Rezoning Case 22 - 25 , seconded by Ms Howard , Rezoning Case 22 - 25 was recommended for approval by a unanimous vote of 6 - 0 at the September 20 , 2022 Planning Board Meeting Rezoning Case 22 - 26 Rezoning Petition General Business - Special Use District GB - SUD to Agricultural Residential AR Tax ID 11L03025 Owner Ned Coleman Applicant Ned Coleman Location 575 acres of a 31 acre tract located 11260 Covered Bridge Rd in the Wilders Township Mr Marr introduced the case and referenced the information listed above Mr Ned Coleman , 11272 Covered Bridge Rd , Zebulon , NC , Applicant Owner , was present to answer any questions 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 Byrd to approve Rezoning Case 22 - 26 , seconded by Ms Davis , Rezoning Case 22 - 26 was recommended for approval by a unanimous vote of 6 - 0 at the September 20 , 2022 Planning Board Meeting Discussion Items 11Page2Farmstone 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 Newton introduced the written decision for Farmstone Meadows Ms Hackler asked questions about written decisions Ms Slusser advised the Board that written decisions are required by statute There was discussion among the Board Upon a motion by Ms Hackler to approve the written decision for Farmstone Meadows , seconded by Mr Hudson , and carried by a unanimous vote of 6 - 0 , the written decision for Farmstone Meadows was approved as presented 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 Newton introduced the written decision for Applewhite Subdivision Upon a motion by Ms Hackler to approve the written decision for Applewhite Subdivision , seconded by Ms Howard , and carried by a unanimous vote of 6 - 0 , the written decision for Applewhite Subdivision was approved as presented Cuddington 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 Newton introduced the written decision for Cuddington 2 Denning Tract 12Page3Upon a motion by Ms Hackler to approve the written decision for Cuddington 2 Denning Tract , seconded by Mr Hudson , and carried by a unanimous vote of 6 - 0 , the written decision for Cuddington 2 Denning Tract was approved as presented The meeting ended at 7 50 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 13Page