June 15, 2021 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , June 15 , 2021 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , June 15 , 2021 at 6 00 pm in the Johnston County Public Library , Smithfield , with the following members Present Will Letchworth , Adam Caldwell , Denise Byrd , Michelle Pace Davis , Freddie Hudson Jr , Brooke Holmes Absent Allan DeLaine , Matthew Moore , Nicole Hackler , BOCC Representative , BOE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planning Technician ; Jennifer Slusser , County Attorney Vice Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance Approval of the Minutes Upon a motion by Ms Byrd to approve the May 18th Planning Board Minutes , seconded by Ms Holmes and carried by a unanimous vote of 5 - 0 , the May 18th , 2021 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Mitchener Tract Subdivision Owner Willie & Tressa Mitchener Developer Willie & Tressa Mitchener Surveyor Alsey J Gilbert , PLS Acreage Lots 345 acres , 2 lots Tax ID 07G08022R Location 11190 Raleigh Rd Mr Marr introduced the case and referenced the above information Mr Alsey Gilbert , Surveyor , was present to answer any questions the Board may have 1PageThere was no discussion Staff recommendation is for preliminary approval Upon a motion by Ms Byrd to approve Mitchener Tract Subdivision , seconded by Ms Davis , the Planning Board approved Mitchener Tract Subdivision by a unanimous vote of 5 - 0 at the June 15 , 2021 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 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 c urrent NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy 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 12 Driveway will need to be shared for lots 2A and 2B [ Public Utilities ] 13 If 17,000 Sf of impervious area or more is planned to be added , a Stormwater Permit may be required 2Page14 If an acre or more will be disturbed , an Erosion Control Permit is required Barden Tract Subdivision Owner Jamie Barden Developer Jamie Barden Surveyor True Line Surveying Acreage Lots 2237 acres , 2 lots Tax ID 07G07016C Location 7565 NC HWY 210 Mr Marr introduced the case and referenced the above information Mr Curk Lane , Surveyor , was present to answer any questions the Board may have Mr James Massengill , 7469 NC Hwy 210 , was concerned about buffering Mr Lane responded that this was a family subdivision and there will be no buffers There was no further discussion Staff recommendation is for preliminary approval Upon a motion by Mr Hudson to approve Barden Tract Subdivision as shown , seconded by Ms Holmes and carried by a unanimous vote of 5 - 0 , Barden Tract Subdivision was approved at the June 15th , 2021 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 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 ] 3Page8 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 c urrent NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy 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 LW Godwin Tract Subdivision Owner LW Godwin Developer Jones Creek , LLC SurveyorCarlos Bagley , PE Acreage Lots 2543 acres , 17 lots Tax ID 07D07020A Location 3818 Benson Hardee Rd Mr Marr introduced the subdivision and referenced the information listed above Mr Carlos Bagley , Surveyor , was present to answer any questions the Board may have Mr Letchworth asked about the existing house on site Mr Bagley stated it would be renovated and remain on site Ms Davis asked about the VAD Mr Newton stated it was farmland There was no further discussion Staff recommendation is for preliminary approval Upon a motion by Mr Caldwell to approve LW Godwin Tract Subdivision , seconded by Ms Davis and carried by a unanimous vote of 5 - 0 , LW Godwin Tract Subdivision was approved at the June 15th , 2021 Planning Board Meeting Conditions and Requirements 4PagePage pageNumber5[ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Fee - in - lieu of open space shall be paid prior to recording 11 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 12 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 13 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must be obtained prior to construction 15 All design aspects of the plans shall comply with the c urrent NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy on Street and Driveway Access to North Carolina Highways 16 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 17 Stormwater & Erosion Control Permits Required 18 Stormwater Statement Required 19 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 20 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 5PagePage pageNumber621 No Parking signs will need to be installed where required 22 Provide fire flow report and Hydrant distribution drawings Aquilla Rd Subdivision OwnerLW Properties , LLC Developer LW Properties , LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 10331 acres , 76 lots Tax ID 07D06028A Location 526 Aquilla Rd Mr Marr introduced the subdivision and referenced the information listed above Mr Donnie Adams , Surveyor , was present to answer any questions the Board may have There was no discussion Staff recommendation is for preliminary approval Upon a motion by Mr Hudson to approve Aquilla Rd Subdivision , seconded by Ms Holmes and carried by a vote of 5 - 0 , Aquila Rd Subdivision was approved at the June 15th , 2021 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 Road 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 6PagePage pageNumber7b 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 c urrent NCDOT Standard Specifications for Roads and Structures , NCDOT Subdivision Roads Minimum Construction Standards , and P olicy 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 may be necessary to determine a start point 21 Property is limited to 15 impervious area without stormwater management 22 401 404 permits as well as buffer authorization is required for the stream crossing [ Emergency Services ] 23 No parking signs will need to be installed where required 24 Provide fire flow report Rezoning and Special Use Requests 7PagePage pageNumber8Rezoning Case 21 - 11 Rezoning Petition General Business GB to Agricultural Residential AR Tax ID 12N11035 Owner Anthony & Marsha House Applicant Courtney Lanning Marsha House Location 3469 US HWY 70 East in the Pine Level Township Mr Marr introduced the case and referenced the information listed above The owner was present to answer any questions There was no discussion Staff Recommendation Approval Upon a motion by Mr Caldwell , seconded by Ms Holmes , Rezoning Case 21 - 11 was approved by a unanimous vote of 5 - 0 at the June 15 , 2021 Planning Board Meeting Rezoning Case 21 - 12 Rezoning Petition Agricultural Residential AR to Agricultural Residential with Interstate Highway Interchange Overlay AR with IHI Tax ID 12O08007F Owner Brenda Gray Applicant Brenda Gray Location 227 Bertie Heights Rd in Pine Level Township Mr Marr introduced the case and referenced the information listed above The owner applicant was present to answer any questions There was no discussion Staff Recommendation Approval Upon a motion by Ms Byrd , seconded by Ms Holmes , Rezoning Case 21 - 12 was approved by a unanimous vote of 5 - 0 at the June 15 , 2021 Planning Board Meeting Rezoning Case 376 - MOD Rezoning Petition Agricultural Residential AR to Agricultural - Special Use District 8PagePage pageNumber9 AR - SUD Tax ID 06F04006E Owner Faye & Terry Johnson Applicant Robert Russ Triple R Landscaping Location 8488 Cleveland Rd in Cleveland Township Special Use Permit To allow for sale of landscape supplies Mr Marr introduced the case and referenced the information listed above Mr Curk Lane , Surveyor , was present to answer any questions the Board may have Mr Terry and Faye Johnson , Owners , stated that they were not aware the whole tract was zoned and they apologized for the mistake They are in agreement with all the conditions and requirements set forth There was no further discussion Staff Recommendation Denial , due to violation of Special Use Agreement and continued violation as of the time of this report Upon a motion by Ms Holmes , seconded by Mr Hudson , Rezoning Case 21 - 12 was approved by a unanimous vote of 5 - 0 at the June 15 , 2021 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant The property sits parallel to Cleveland Rd With the increase in homeowners using our services , we have created designated signs to help the flow of traffic within the property so that we have a smooth transition from entering to exiting Within the business , we maintain current and active insurance as well as licenses including North Carolina Landscape Contractors ’ License and North Carolina Department of Agriculture & Consumer Services to make sure we are staying up to date on local safety regulations for our customers 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant We will continue to comply with any and all required use and intensity regulations of the Land Development Code , and any other ordinances and resolutions and state and federal regulations 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use 9Page0or development is a public necessity ; Applicant We provide home maintenance and landscaping supplies to our community Not only does our business provide enhancements to our neighborhoods and local commercial properties , we also give homeowners a chance to shop at a local business We bring the curb appeal back to yards and neighborhoods that are steadily coming to the area We partner with local realtors to help design landscaping for upcoming neighborhoods We partner with the Town to help maintain yards that have been abandoned or unkept Along with residential and commercial properties , we also help local schools in the area to manage their outdoor appearances around playground and park areas 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Being in the community for over 20 years , we have seen the increase of commercial businesses along the Cleveland Rd area We think our development will add tremendous value as our neighborhood residents can shop close to where they live With the development of Highway 540 , the Cleveland Road widening project , and multiple new commercial businesses going up on Cleveland Rd within feet of the property , we believe our development will not only contribute to the similar projects that have started , but it will greatly enhance that future plans for the area Specific Land Uses APPLICANT l andscape products and supplies Special Use Conditions 1 Permitted Uses Landscape products and supplies 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines Existing natural vegetation may be used if equal or more intense 5 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Lighting shall be d ark sky and engineered so as not to shine onto adjacent properties 8 Hours of operation shall be 7 00 6 00 am until 7 00 8 00 pm , seven days a week 9 Outdoor storage shall be contained within an 8 ’ opaque fence or sufficient vegetative screening 10Page1 Items in bold were changed by the Planning Board during the Planning Board Meeting The meeting ended at 7 00 pm Respectfully submitted by _______________________________________ Stephanie Richter , Secretary for the Board 11Page