December 20, 2022 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , December 20 , 2022 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , December 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 , Brooke Holmes , Debbie Howard , Freddie Hudson , Will Letchworth Absent Timothy Little , Matthew Moore , 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 Byrd All speakers were sworn in Approval of the Minutes Upon a motion by Ms Byrd to approve the November 15th Planning Board Minutes , seconded by Ms Holmes , and carried by a unanimous vote of 7 - 0 , the November 15 , 2022 Planning Board Minutes were approved as presented Subdivisions Moore Meadows Owner Golden Leaf , LLC Developer Golden Leaf , LLC Surveyor On the Level Land Surveying Acreage Lots 257 acres , 3 lots Tax ID # 08I13032L Address 1039 Thompson Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that all lots are required to have 100 ’ of separation between driveways per NCDOT Mr Marr shared information from the Johnston County Land Design Manual regarding developments creating 4 or more lots Ms Byrd recused herself from voting on this subdivision Chairman Letchworth asked staff about the history of this parcel Mr Marr responded that two lots have already been subdivided from the parent track within the last five years ; thus , creating five lots from the parent track within five years when including the proposed three lots 1PageMr Don Byrd , 3541 Stephenson Rd , Angier , NC , Owner Developer , stated the particulars of the subdivision and was present to answer any questions the Board may have Mr Byrd stated that the intention is to build houses on two of the proposed lots and leave the third lot for access to an adjacent landlocked parcel Mr Byrd stated that the proposal includes a shared driveway Mr Justin Lee , On the Level Land Surveying , was also present to answer any questions the Board may have Mr Hudson asked Mr Byrd if there were existing houses on the two lots previously subdivided to which Mr Byrd responded no Chairman Letchworth asked Mr Byrd about the hardship and the reason for subdividing two lots prior to the proposed subdivision Mr Byrd responded that with all due respect only the subject parcel is subject to review There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to direct driveway access onto Thompson Rd and lots not being internally served Ms Hackler asked staff if the shared driveway was added after the application was submitted Mr Marr responded that it was his understanding that something was submitted today but was not reviewed Mr Newton responded that the newly submitted information was at each Board member’s chair Ms Howard stated that the shared driveway was not on the newly submitted plat to which other Board members confirmed Mr Marr stated that the proposed driveway access would still be less than the 500 feet requirement so the recommendation of denial would not change Chairman Letchworth spoke referencing the Johnston County Land Development Code Section 14 - 226 d with regards to direct residential driveway connections and the Johnston County Land Development Design Manual Section 1 F 3 c regarding developments creating 4 or more lots where no easement exists Staff Recommendation Denial Upon a motion by Chairman Letchworth to deny Moore Meadows due to the proposed subdivision not meeting the requirements of the Johnston County Land Development 2PageCode and the Johnston County Land Development Design Manual , seconded by Mr Hudson , Moore Meadows was denied by a unanimous vote of 6 - 0 at the December 20 , 2022 Planning Board Meeting 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 Mr Marr stated that this subdivision was tabled at the November 15 , 2022 meeting Chairman Letchworth stated that in the last meeting the public hearing was closed for the Mamie Rd Tract and without any objections from the Board there were no plans to re - open the public hearing at tonight’s meeting Chairman Letchworth stated that there were questions concerning two issues about the proposed subdivision , the first being the pond on the subject property and the second being stormwater calculations and runoff Mr Jason Wenzel , 102 South Third St , Smithfield , NC , Attorney with Narron Wenzel , PA representing the Applicant , was present to answer any questions the Board may have Mr Wenzel distributed a packet to the Board relative to what the engineer would be addressing Mr Wenzel stated that with the minutes of the last meeting being approved , he would address the two primary concerns with the proposed subdivision with the first being the location and the rights to the small pond located on lots one , two , and three Mr Wenzel referenced a map provided to the Board and highlighted the addition of the Voluntary Agricultural District note Mr Wenzel called up the surveyor engineer to address the second issue of stormwater concerns Mr Lee Richie Hines , Jr , 630 Aiken Pkwy , Fuquay Varina , NC , Engineer , stated his education and professional experience Mr Hines stated that he could not speak to the water rights of the pond on the subject property Mr Hines stated the pond as shown now is correct and that a small portion of the pond is on the adjacent owner’s property with the remaining part of the pond on the Wilkins ’ property Mr Hines addressed the stormwater runoff questions and provided the Board with a preliminary stormwater analysis Mr Hines stated that there would be minimal impact if any downstream from the proposed development Mr Hines stated the existing soils in the area are classified by the Johnston County Soil Survey to be not well suited to perk , the soils are not going to accept a whole lot of water , and have low permeability rates Mr Hines stated that when the storms come , the rain will runoff instead of soak in Mr Hines stated that when standard practices are used to evaluate watersheds of this size in the proposed development , the soils are equal if not better than the soils in their current condition Mr Hines stated that his preliminary analysis shows that there will be no increase in runoff and that it could actually improve , the bare soil is allowing water to runoff and the proposed subdivision will help stabilize and slow the water down Mr Hines stated that they evaluated the pond 3Pageand two downstream drainage structures under Golda Road and Holly Grove Road Mr Hines stated the increase in runoff from pre - development to post - development was very minimal , three cubic feet per second 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 Holmes stated that she had a concern over the pond and the ownership of the pond Ms Howard asked if the adjacent property owner would have the rights to enter into the pond and use the water Ms Holmes stated that the pond is on three lots in the proposed subdivision , so there would be four owners Chairman Letchworth stated that this is an issue that comes before the Board quite a bit with ponds being included on one parcel or split across multiple parcels and ponds being managed by HOAs or kept in open spaces Chairman Letchworth stated that this proposal is unique in the fact that the pond is both on the subject property and an adjacent property Ms Davis stated that the adjacent property owner may need to irrigate out of the pond for agricultural purposes and the other property owners may be surprised by the presence of farm equipment or decrease in pond water Chairman Letchworth stated that it is not the Board’s intent to re - open the public hearing portion and further described the Agricultural Residential zoning in Johnston County Ms Howard asked about the adjacent property owner’s access and use of the pond and asked if the developer would need to disclose information about the pond to potential buyers Chairman Letchworth asked Ms Slusser about the Board’s purview with regards to the pond and if a note on the plat about the pond not being wholly within the subdivision was required Ms Slusser responded that there is not a requirement within the Johnston County Land Development Code to the best of her knowledge Mr Newton confirmed that there is not a requirement in the Johnston County Land Development Code Ms Slusser referenced Johnston County Land Development Code Section 14 - 230 which outlines what is required on a preliminary plat and adding a note about the pond in the conditions is not included in the requirements Ms Slusser discussed the existing data 4PagePage pageNumber5portion of this section and stated that the pond is shown on the plat as required for the preliminary plat Ms Hackler stated that the Board asked for additional information last month and that was the reason for the subdivision being tabled last month Ms Hackler stated that the Board now has a plat map that distinctly shows the pond and that it is not entirely in the proposed subdivision and the Board has received pre and post water calculations showing an insignificant difference Ms Hackler stated that with all of the information presented and discussed , the proposed subdivision meets all requirements Staff Recommendation Approval Upon a motion by Ms Hackler to approve Mamie Rd Tract , seconded by Ms Howard , Mamie Rd Tract was approved by a vote of 4 - 3 at the December 20 , 2022 Planning Board Meeting with Ms Byrd , Ms Holmes , and Mr Hudson dissenting 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 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 ] 5PagePage pageNumber615 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 21 Property is limited to 15 impervious area without stormwater management 22 There is no existing water main along Mamie Road The Johnston County Water and Sewer Policies do not require a public water main extension for this site , based on the distance from the closest existing water main [ Emergency Services ] 23 Provide design for road construction 24 Provide “ No Parking ” signage along access road at fire hydrant locations 25 Provide design for cul - de - sacs 26 Provide a fire flow test 27 Provide fire hydrant distribution plan layout Rezoning and Conditional Zoning Cases Rezoning Case 22 - 31 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 06E02006D Owner Amrutlal N Parmar Applicant Amrutlal N Parmar Location 263 acres located 4631 NC 42 West in the Clayton Township Mr Marr introduced the case and referenced the information listed above Mr Douglas Cooper , 7412 Cornett Way , Raleigh , NC , representing the Owner Applicant , was present to answer any questions the Board may have Mr Cooper stated that the Applicant did not have a clear plan for the property yet , but that future plans would fit within the requested zoning There was no further discussion 6PagePage pageNumber7Chairman 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 - 31 , seconded by Ms Davis , Rezoning Case 22 - 31 was recommended for approval by a unanimous vote of 7 - 0 at the December 20 , 2022 Planning Board Meeting Rezoning Case 22 - 32 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 16L05030F , 16L05029G , & 16L05029I Owner Black & Grey , LLC , Black & Grey II , LLC & Big Rooster , LLC Applicant Lipscomb Development , LLC Location 16584 acres located at the NE and SW corners of Thanksgiving Rd NC 42 East in the Wilders Township Mr Marr introduced the case and referenced the information listed above Chairman Letchworth asked if the new or old Land Use Comprehensive Plan definitions are being used Staff responded that definitions used are from the old Land Use Comprehensive Plan and that the new draft plan has not been adopted Chairman Letchworth stated that the area of the subject property is not a secondary growth area anymore Ms Emily Beddingfield , 328 East Main St , Clayton , NC , Lipscomb Development , LLC , stated the particulars of the request and was present to answer any questions the Board may have As the Applicant , Ms Beddingfield stated that this is a request from three property owners with plans for development of the property and introduced the property owners present at the meeting Ms Beddingfield stated that the request is consistent with the future land use plan designating the subject area as a neighborhood center and that the intersection was previously identified as appropriate for commercial development Ms Beddingfield stated that one of the uses envisioned for the subject property is a Hudson’s Hardware Ms Beddingfield stated that a soils analysis has been completed to ensure that there is adequate septic soils and they have also discussed the site with NCDOT Mr Herbert Case , 16750 Buffalo Rd , Wendell , NC , expressed concerns for traffic safety in the subject area and wrecks at the intersection Mr Case expressed concerns for emergency services accessing NC HWY 42 with increased development and traffic There was no further discussion 7PagePage pageNumber8Chairman 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 - 32 , seconded by Mr Hudson , Rezoning Case 22 - 32 was recommended for approval by a unanimous vote of 7 - 0 at the December 20 , 2022 Planning Board Meeting Rezoning Case 22 - 33 Rezoning Petition Agricultural Residential AR to Community Business - Conditional Zoning CB - CZ Tax ID 11K99016C Owner Lisa Jane Landis Applicant Lisa Jane Landis and Nathan Landis Location 43 acres located at 15219 NC Hwy 39 in the O’Neals Township Conditional Zoning Request Retail sale of Portable Wooden Utility Sheds Mr Marr introduced the case and referenced the information listed above Mr Marr stated that staff received a complaint of a zoning violation for the subject property in July 2022 Ms Hackler asked staff what the Applicants were told they needed to do to bring the property into compliance Mr Marr responded that the Zoning Enforcement Officer spoke with the Applicant and informed them that they would need to rezone the property and get an approved site plan to operate Ms Holmes asked staff if the Applicants have been in operation since the complaint or did they stop operation Mr Marr stated that he was unsure about continued operation but that the site appears the same as it did in July 2022 when the complaint was received Ms Davis described the subject property stating that there were storage buildings and sheds on display and Mr Marr stated that pictures were included in the Board’s packet Ms Holmes asked staff if the Applicant is supposed to cease operation until the property is in compliance Mr Marr responded that applicants are advised that they are in violation by the Zoning Enforcement Officer and they can attempt to rezone or they need to bring it into compliance Mr Marr stated that if they attempt to get a rezoning , the staff do not seek further penalties until it is resolved Mr Marr further stated that they are told to cease operations until they are in compliance 8PagePage pageNumber9Ms Hackler asked staff to explain the recommendation for denial Mr Marr responded that since the property was not in compliance and there is no approved site plan , the staff recommendation is denial Mr Bob Spence , 212 S 2nd St , Smithfield , NC , Attorney representing the Applicant , stated the particulars of the request and was present to answer any questions the Board may have Mr Spence stated that the Applicant had previously inquired about putting a car lot on the subject property and was told that it was okay to do so and then an inspector visiting the site later told them that it was not an approved use Mr Spence stated that the Applicant has some post - Covid memory loss and lives on the property behind the subject property Mr Spence reviewed the proposed site plan and provided images from GIS to the Board Mr Spence and Mr Landis reviewed an enlarged image of the area and discussed land uses in the area Ms Hackler asked for clarification on the hours of operation as listed in the conditions to which Mr Landis confirmed the hours of operation as 9am - 6pm Monday - Friday , 9am - 5pm Saturday , and no business hours on Sunday Chairman Letchworth asked if the current driveway was built to NCDOT standards and if they had a driveway permit Mr Landis responded that he had a contractor install the driveway and he was not aware if it met NCDOT standards Mr Landis stated that they owned several of the neighboring properties and asked for forgiveness stating that they thought they had permission Mr Landis spoke about his business history Ms Hackler thanked Mr Landis for providing the site plan and trying to get within compliance Chairman Letchworth stated that the driveway is most likely not built to NCDOT standards and that the driveway would most likely need to be improved per NCDOT requirements as stated in the conditions Mr Spence shared additional information about distance from neighboring properties Chairman Letchworth asked Mr Landis how long they have lived on the property to which Mr Landis responded that they have owned the property for six years and lived on the property for four years Mr Landis also discussed the pond on his property and the impact of a new subdivision nearby Ms Hackler asked Mr Landis if he had reviewed and understood the proposed conditions and if he agreed to the proposed conditions Mr Landis agreed to the proposed conditions 9Page0Ms Davis asked Mr Landis if he agreed to the hours of operation in the proposed conditions Mr Landis agreed to the hours of operation in the proposed conditions Chairman Letchworth asked Mr Landis if he wanted to extend the hours of operation Mr Landis agreed to the hours of operation as 9am - 8pm Monday - Friday , 9am - 5pm Saturday , and no business hours on Sunday Ms Hackler reviewed the requested hours of operation to which Mr Landis confirmed and agreed to all other proposed conditions Mr Spence asked about the proposed conditions to which Mr Marr showed Mr Spence a copy of the proposed conditions There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of denial due to previous complaint and property not being brought into compliance Staff Recommendation Denial Upon a motion by Ms Hackler to approve Rezoning Case 22 - 33 with revisions to condition 5 concerning hours of operation , seconded by Ms Holmes , Rezoning Case 22 - 33 was recommended for approval by a unanimous vote of 7 - 0 at the December 20 , 2022 Planning Board Meeting Conditions 1 Proposed uses Retail sale of portable wooden utility sheds Proposed by applicant 2 No more than 16 display sheds on the front lot Proposed by applicant 3 Lighting will be one overhead lot lamp in the back that does not shine onto adjacent properties Proposed by applicant 4 There will be a paved drive through the lot Proposed by applicant 5 Hours of operation will be M - F 9am - 6pm 8pm and Saturdays from 9am - 5pm Proposed by applicant 6 The development shall conform to all requirements of the Johnston County Land Development Code 7 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 8 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all property lines existing vegetation may be used 9 All signage shall comply with the Johnston County sign code 10Page110 All structures must comply with all rules enforced by Federal , State , and Local agencies 11 Secure an NCDOT driveway permit 12 Fire Lane signs may be required 13 May require a fire hydrant Items in bold were changed during the December 20 , 2022 Planning Board Meeting Rezoning Case 22 - 34 Rezoning Petition Agricultural Residential AR to Industrial 2 - Conditional Zoning I2 - CZ Tax ID 02O15007 , 02O15007B , & 02O15007C Owner K Farms Inc Applicant Blue Water Sand & Gravel Inc Location 6611 acres located at 608 - 722 Williford Rd in the Bentonville Township Conditional Zoning Request Sand Pit Mr Marr introduced the case and referenced the information listed above Mr Marr stated that this was a request to extend an existing sand pit that was approved in March 2020 Mr James Ezell , 310 Tiffany Circle , Garner , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions the Board may have Mr Ezell stated that he was a geologist by trade and did environmental permitting and mine planning Mr Ezell stated that he had done the plans for this site Chairman Letchworth asked Mr Ezell if he had reviewed and understood the proposed conditions and if he agreed to the proposed conditions Mr Ezell agreed to the proposed conditions Mr Marr stated that the proposed conditions are identical to the special use across the road for the existing sand pit 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 and conditions for consideration Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 22 - 34 , seconded by Ms Hackler , Rezoning Case 22 - 34 was recommended for approval by a unanimous vote of 7 - 0 at the December 20 , 2022 Planning Board Meeting 11Page2Conditions 1 Permitted Uses Sand and Gravel Mining Operation 2 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 3 Operation hours for excavation and transporting materials Monday - Sunday dawn to dusk 4 No advertising signage 5 Obtain all required State permits and adhere to all State regulations 6 Existing vegetation shall remain within the buffer area Only exceptions will be shown on site plan 7 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 8 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater 12Page3h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply 13Page4a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county 14Page5Discussion Items Mr Newton stated that there were five written decisions for the Board’s review and there would need to be a motion for each one Ms Hackler asked Ms Slusser about written decisions Ms Slusser stated that minutes and video recordings are used to prepare the written decisions Ms Slusser also stated that dissents are noted in the written decision when there is a dissent Bryant Pond Rd Tract Owner S & E Chessies , LLC Developer AJP Properties , LLC Surveyor Curk Lane , True Line Surveying Acreage Lots 1831 acres , 8 lots Tax ID # 09H16002 Address 4544 Bryant Pond Rd The Board reviewed the written decision and discussed Upon a motion by Ms Hackler to approve the written decision for Bryant Pond Rd Tract , seconded by Mr Hudson , and carried by a unanimous vote of 7 - 0 , the written decision for Bryant Pond Rd Tract was approved as presented at the December 20 , 2022 Planning Board Meeting Grabtown Rd Subdivision September 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 The Board reviewed the written decision and discussed Upon a motion by Ms Hackler to approve the written decision for Grabtown Rd Subdivision September 2022 , seconded by Mr Hudson , and carried by a unanimous vote of 7 - 0 , the written decision for Grabtown Rd Subdivision September 2022 was approved as presented at the December 20 , 2022 Planning Board Meeting Legacy Farms Owner ANB Partnership Developer ANB Partnership Surveyor Dalton Engineering & Associates , PA Acreage Lots 24095 acres , 15 lots Tax ID # 11N03061C & 11N03063L Address 5000 Block of Antioch Church Rd 15Page6The Board reviewed the written decision and discussed Upon a motion by Mr Hudson to approve the written decision for Legacy Farms , seconded by Ms Davis , and carried by a unanimous vote of 7 - 0 , the written decision for Legacy Farms was approved as presented at the December 20 , 2022 Planning Board Meeting Helen Stephenson Tract September 2022 Owner Jones Creek , LLC Developer Jones Creek , LLC Surveyor Freedom Firm , PC Acreage Lots 2924 acres , 31 lots Tax ID # 13D05028 Address 4125 Zack’s Mill Rd The Board reviewed the written decision and discussed Upon a motion by Ms Hackler to approve the written decision for Helen Stephenson Tract September 2022 , seconded by Ms Davis , and carried by a unanimous vote of 7 - 0 , the written decision for Helen Stephenson Tract September 2022 was approved as presented at the December 20 , 2022 Planning Board Meeting Herring Rd Tracts Owner Rick Brady Developer Rick Brady Surveyor True Line Surveying Acreage Lots 15605 acres , 12 lots Tax ID # 04010013C & 04010012X Address 200 Block of Herring Rd The Board reviewed the written decision and discussed Upon a motion by Ms Holmes to approve the written decision for Herring Rd Tracts , seconded by Mr Hudson , and carried by a unanimous vote of 7 - 0 , the written decision for Herring Rd Tracts was approved as presented at the December 20 , 2022 Planning Board Meeting Mr Marr reminded the Board of the date change for the January 2023 Planning Board Meeting as voted on at the November 15 , 2022 meeting The Planning Board will meet on Wednesday , January 18 , 2023 due to a county holiday and a rescheduled Johnston County Board of Commissioners Meeting Chairman Letchworth thanked the Board members for everything this year and wished everyone a Merry Christmas Ms Howard commended Chairman Letchworth for his work as Chairman 16Page7Mr Hudson thanked the Board members and wished them and the staff a Merry Christmas and Happy New Year Ms Hackler thanked Ms Slusser and staff for on - going education and training Chairman Letchworth thanked the staff for everything this year Mr Newton thanked the Board for their work this year The meeting ended at 7 15 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 17Page