November 15, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , November 15 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , November 15 , 2022 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Denise Byrd , Michelle Davis , Nicole Hackler , Brooke Holmes , Debbie Howard , Freddie Hudson , Timothy Little Absent Will Letchworth , Matthew Moore , BOCC Representative , BOE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Vice - Chairman Hackler opened the meeting at 6 00 pm with the Pledge of Allegiance led by Mr Little Vice - Chairman Hackler stated the Edward James Tract Subdivision had been withdrawn from the agenda All speakers were sworn in Approval of the Minutes Upon a motion by Mr Hudson to approve the September 20th Planning Board Minutes and the October 18th Planning Board Minutes , seconded by Ms Holmes , and carried by a unanimous vote of 7 - 0 , the September 20 , 2022 Planning Board Minutes and the October 18 , 2022 Planning Board Minutes were approved as presented Subdivisions Barrow Meadows Phase 2 Owner Kenneth A Kennedy , III Developer Kirby Marshburn Building Corporation Surveyor Sanderson Engineering , Inc Acreage Lots 541 acres , 4 lots Tax ID # 11L01027 Address Brett Rd at Earpsboro Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr shared information from the Johnston County Land Design Manual regarding developments creating 4 or more lots Mr Marr stated that Phase 1 was approved in September 2022 Mr Steven Sanderson , 2485 Wendell Blvd , Wendell , NC , Sanderson Engineering , stated the particulars of the subdivision and was present to answer any questions the Board may have Mr Sanderson discussed TRC notes from NCDOT requesting a 1Pagehammerhead easement and connected driveway Mr Sanderson also discussed the various borders of the subject property , stating that one side is bounded by the county line , one side is bounded by a riparian buffered stream , and one side is bounded by a collector street Mr Sanderson discussed the hardship of differing requirements from NCDOT and Johnston County Mr Sanderson stated that he used the example shown in the Johnston County Land Design Manual for the preliminary plat design showing a hammerhead cul - de - sac design for 4 lots There was no further discussion Vice - Chairman Hackler asked for the staff recommendation Mr Marr stated the staff recommended denial due to lots not having a dedicated ROW meeting county requirements but staff have also received NCDOT preferences and it is one of the approved designs in the Johnston County Land Design Manual Staff Recommendation Denial Upon a motion by Mr Little to approve Barrow Meadows Phase 2 , seconded by Ms Howard , Barrow Meadows Phase 2 was approved by a unanimous vote of 7 - 0 at the November 15 , 2022 Planning Board Meeting Conditions and Requirements [ Planning ] 1 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 Complete improvements or provide performance guarantee 8 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 9 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 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 ] 2Page13 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 17 Single shared driveway required for lots to align with Subdivision road [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 19 Stormwater Statement Required 20 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 21 Property is located within the ESA and limited to 12 impervious area without stormwater management 22 There is an existing Utility Capital Reimbursement Agreement for the existing water main along Earpsboro Road that was previously installed by a developer 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 ] 23 Provide fire access road detail 24 Provide “ No Parking ” signage along access road at fire hydrant locations 25 Provide a fire flow test 26 Provide fire hydrant distribution system information Mamie Rd Tract Owner Samuel & Laurie Wilkins Developer Sam Wilkins Surveyor Lee R Hines Jr , PE Acreage Lots 2215 acres , 14 lots Tax ID # 09G14041K , 09G14041L , 09G14041P , 09G14041Q , 09G14041R , 09G14041S , & 09G14041U Address 200 Block Mamie Rd Mr Marr introduced the subdivision and referenced the above information 3PageMr Jason Wenzel , 102 South Third St , Smithfield , NC , Attorney with Narron Wenzel , PA representing the Applicant , stated the particulars of the subdivision and was present to answer any questions the Board may have Mr Wenzel stated that this subdivision proposal was heard previously and discussed changes to the present proposal as well as addressed previous concerns Mr Wenzel also stated that Mr Wilkins held a community meeting to address some of the community members concerns Vice - Chairman Hackler asked about the nearby Voluntary Agricultural District and if it was noted on the preliminary plat to which Mr Wenzel stated that there was not a note on the preliminary plat Mr Samuel Wilkins , Owner Developer , stated that he was not aware of the nearby Voluntary Agricultural District Mr Wilkins also discussed the reasoning for wells and not county water Mr Edwin Peacock , 101 Monroe Ln , Benson , NC , adjacent property owner , discussed the irrigation pond on the subject property and also distributed copies of a previously recorded plat and other documents to the Board Mr Peacock expressed concerns for liability , safety , and water rights with regards to the irrigation pond Ms Holmes asked Mr Peacock if he currently uses the pond for irrigation Mr Peacock stated that they did not use the pond this year for irrigation because it was not an extremely dry year Mr Peacock described the design at one end of the pond with a PVC pipe and stated that the irrigation pond is still used when needed Ms Camille Barden , 653 Mamie Rd , Benson , NC , a nearby property owner distributed pictures to the Board and expressed concerns for flooding in the area as well as maintaining rural character Ms Barden spoke about a study conducted by the American Farmland Trust Ms Barden asked about fire hydrants and the water source for fire hydrants Ms Candida Boone , 770 Bear Rd , Benson , NC , an adjacent property owner distributed pictures to the Board and expressed concerns for the environmental impact and economic and infrastructure impact of the proposed subdivision Ms Boone stated they raise beef cows , goats , and horses on their adjoining farm Ms Boone stated their primary concerns were drainage and stormwater management Ms Boone also discussed concerns with the preliminary plat , increased traffic , school capacity , and the impact on property values Mr Tony Stancil , 3280 Beasley Rd , Benson , NC , a nearby property owner , spoke about having hogs and horses on his property and expressed concerns for the proposed subdivision Mr Charles Barefoot , Jr , 550 Mamie Rd , Benson , NC , an adjacent property owner , expressed concerns for flooding , drainage , runoff , and land erosion 4PagePage pageNumber5Mr Timmy McLamb , 7552 NC HWY 96 S , Benson , NC , farms nearby properties and expressed concerns for the slope on the subject property , runoff , and erosion Ms Karen Barbour , 563 T - Bar Rd , Benson , NC , an adjacent property owner , spoke in opposition to the proposed subdivision Mr Wilkins addressed questions and stated there would be no fire hydrants Mr Wilkins used an enlarged map to address water concerns Vice - Chairman Hackler asked Mr Wilkins about the irrigation pond on the subject property and the survey showing the pond limits extending over the property line Mr Peacock spoke about getting additional survey work completed Ms Barden spoke to clarify her statements about frequent flooding Mr Stancil spoke to clarify remarks about flooding at a nearby church Mr Wenzel addressed concerns made about a previously recorded survey and water flow Vice - Chairman Hackler asked for clarification concerning Mr Wenzel’s remark about dotted lines on the previously recorded survey to which Mr Wenzel explained There was no further discussion Vice - Chairman Hackler asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Vice - Chairman Hackler asked Ms Slusser about the pond on the subject property Ms Holmes added that they have been given a recorded survey that shows the pond on both the subject property and a neighboring property Ms Slusser stated that the Board has to determine how it affects Article 5 of the County Ordinance and consider it part of their fact finding and ask questions about the proposed site design Mr Little stated a preference for pre and post development calculation numbers with regards to stormwater impact Vice - Chairman Hackler expressed concerns about the true limits of the pond Ms Slusser spoke about what additional information would be helpful from an engineer with regards to stormwater impact and from a surveyor with regards to the pond Mr Wenzel stated that they would be in agreement to table the proposed subdivision in order to gather the additional information Staff Recommendation Approval 5PagePage pageNumber6Upon a motion by Mr Hudson to table Mamie Rd Tract until the December 20 , 2022 Planning Board Meeting , seconded by Mr Little , Mamie Rd Tract was tabled by a unanimous vote of 7 - 0 at the November 15 , 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 January 18 , 2023 Planning Board Meeting Mr Adams stated the reason is concern over sewer allocation Upon a motion by Ms Holmes to table Neuse Ridge until the January 18 , 2023 Planning Board Meeting , seconded by Ms Davis , Neuse Ridge was tabled by a unanimous vote of 7 - 0 at the November 15 , 2022 Planning Board Meeting Rezoning and Conditional Zoning Cases Rezoning Case 22 - 29 Rezoning Petition Industrial 2 - Special Use District I2 - SUD to Agricultural Residential AR Tax ID 09I15011 Owner Dustin Keith Jernigan Applicant Dustin Keith Jernigan Location 2 acres located 1 Enoch Rd in the Meadow Township Mr Marr introduced the case and referenced the information listed above Mr Dustin Jernigan , 5616 Meadowbrook Rd , Benson , NC , Applicant Owner , stated the particulars of the request and was present to answer any questions the Board may have There was no further discussion Vice - Chairman Hackler 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 - 29 , seconded by Mr Little , Rezoning Case 22 - 29 was recommended for approval by a unanimous vote of 7 - 0 at the November 15 , 2022 Planning Board Meeting 6PagePage pageNumber7Rezoning Case 22 - 30 Rezoning Petition Agricultural Residential AR to Industrial 1 - Conditional Zoning I1 - CZ Tax ID 15I09004D & 15I09004E Owner 258 County Home Rd , LLC Applicant Adams & Hodge Engineering , PC Location 364 acres located at 68 & 258 County Home Rd in the Smithfield Township Conditional Zoning Request Contractor Storage Office Yard Mr Marr introduced the case and referenced the information listed above Vice - Chairman Hackler asked staff about the nearby I2 zoning in the area to which Mr Marr confirmed Mr Donnie Adams , 314 E Main St , Clayton , NC , Adams & Hodge Engineering , PC , stated the particulars of the request and was present to answer any questions the Board may have Mr Adams agreed to the proposed conditions with the exception of condition 14 Mr Adams requested that the last sentence of condition 14 be removed That portion of the property will have to be petitioned to be rezoned at that time from AR to the appropriate zoning Mr Marr stated that staff did not have any issues with the requested update to condition 14 Vice - Chairman Hackler asked about condition 4 and the proposed hours of operation Mr Adams requested an update to condition 4 stating the hours of operation be 5am - 10pm , Monday - Sunday There was brief discussion among the Board There was no further discussion Vice - Chairman Hackler asked for the staff recommendation Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency and conditions for consideration Upon a motion by Ms Holmes to approve Rezoning Case 22 - 30 with revisions to condition 14 and condition 4 , seconded by Ms Hudson , Rezoning Case 22 - 30 was recommended for approval by a unanimous vote of 7 - 0 at the November 15 , 2022 Planning Board Meeting Conditions 1 Proposed uses Contractor storage of construction container dumpsters , portable restrooms , and delivery trucks with a future contractor’s office Proposed by applicant 7PagePage pageNumber82 The development shall conform to all requirements of the Johnston County Land Development Code 3 Lighting shall be engineered so as to not shine onto adjacent properties Proposed by applicant 4 Hours will be Monday through Saturday Sunday 7 5 am - 10 pm 5 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 6 Class A Landscape using existing vegetation shall be along the entire northern property line 1 large tree , 2 small trees , and 6 shrubs every 100 linear feet 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 other property lines Proposed by applicant 8 All signage shall comply with the Johnston County sign code limited to one 60 sf ground or monument sign only Proposed by applicant 9 Required buffering shall be on the outside of the fencing Proposed by applicant 10 All structures must comply with all rules enforced by Federal , State , and Local agencies Proposed by applicant 11 Secure JC Utilities Stormwater and Erosion Control Permits Proposed by applicant 12 Contractor yard shall be contained within an 8 foot opaque fence sufficiently screened by landscape buffer plantings or an 8 foot chain link fence with a 4 foot berm with an adequate planting of evergreen material to satisfy the intent of the opaque fence requirement Proposed by applicant 13 Secure an NCDOT driveway permit Proposed by applicant 14 Existing single family residence will remain as such for up to four years and then be converted to a contractor’s office That portion of the property will have to be petitioned to be rezoned at that time from AR to the appropriate zoning 15 Knox Box or Knox e - switch to be located on site for Emergency personnel access Proposed by applicant 16 Paved driveway required by NCDOT Items in bold or stricken through were changed at the meeting by the Planning Board with approval from the applicant Discussion Item Mr Newton requested that the January 2023 Planning Board Meeting be moved to January 18 , 2023 due to a conflict with the Johnston County Board of Commissioners Meeting scheduled on January 17 , 2023 Upon a motion by Mr Hudson to move the January 2023 Planning Board Meeting to January 18 , 2023 , seconded by Ms Holmes , the change in date of the January 2023 Planning Board Meeting was approved by a unanimous vote of 7 - 0 at the November 15 , 2022 Planning Board Meeting The meeting ended at 7 27 pm 8PagePage pageNumber9Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 9Page