November 16, 2021 - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , November 16 , 2021 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , November 16 , 2021 at 6 00 pm at the Johnston County Agricultural Center , 2736 NC Hwy 210 , Smithfield , with the following members Present Denise Byrd , Adam Caldwell , Michelle Davis , Allan DeLaine , Nicole Hackler , Brooke Holmes , Matt Moore Absent Freddie Hudson , Will Letchworth , BOCC Representative , BOE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planning Technician ; Jennifer Slusser , County Attorney Chairman DeLaine opened the meeting at 6 00 pm with the Pledge of Allegiance Approval of the Minutes Upon a motion by Ms Hackler to approve the October 19th Planning Board Minutes , seconded by Ms Davis and carried by a unanimous vote of 6 - 0 , the October 19 , 2021 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions The Reserve at Satterfield Farm Owner Ronald W Satterfield Developer David Williams Surveyor Beth Blackmon - Timmons Group Acreage Lots 2938 acres , 17 lots Tax ID # 13C02004A Address Jackson King Rd @ White Memorial Church Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr shared additional site data information , as well as information from the Johnston County Land Design Manual concerning 4 + lots Mr Marr stated that neither road appears on the Comprehensive Transportation Plan as needing improvement ; a reverse frontage buffer would be required along Jackson King Rd ; and , if approved , lots 16 and 17 must share a driveway per NCDOT 1PageMs Hackler asked for clarity concerning the shared driveway for lots 16 and 17 and its location on White Memorial Church Rd Mr Marr replied per the available site information Mr Keith Roberts with Timmons Group , 202 Bonica Creek Drive , Garner , NC , representing the Developer was present to answer any questions the Board may have Mr Roberts stated the particulars of the development and stated that NCDOT had reviewed the driveway locations Ms Hackler asked about the shared driveway for lots 16 and 17 off White Memorial Church Rd Mr Roberts replied that the shared driveway for these lots off White Memorial Church Rd was due to environmental reasons Ms Hackler referenced several Voluntary Agricultural Districts in the area and asked about the use of these properties Mr Roberts replied that he was aware of one farm directly across from the property on White Memorial Church Rd Mr Newton replied that the nearby Voluntary Agricultural Districts were crop lands or forests Ms Hackler stated that a VAD note would need to be added to the plan stating that there are nearby Voluntary Agricultural Districts within a certain distance to the property Chairman DeLaine asked if the Developer was requesting a waiver due to a hardship created by the creek on the property leading to the shared driveways for lots 16 and 17 off White Memorial Church Rd Mr Roberts confirmed Ms Hackler asked for the location of the nearest driveway on White Memorial Church Rd Mr Newton pointed out the locations of the nearest driveways on the map There was no further discussion Chairman DeLaine asked for the staff recommendation Mr Marr stated the staff recommended denial due to direct driveway access onto White Memorial Church Road Staff recommendation is for denial 2PageUpon a motion by Ms Hackler to approve The Reserve at Satterfield Farm , seconded by Ms Byrd , the Planning Board approved The Reserve at Satterfield Farm by a unanimous vote of 6 - 0 , at the November 16 , 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 Cul - de - sac lots must have 40 ’ road frontage 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 Provide reverse frontage lot buffer along Jackson King Rd 10 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 11 Fee - in - lieu of open space shall be paid prior to recording 12 Show to whom open space is dedicated 13 Provide 20 ’ fee simple access to open space 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 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 ] 16 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 17 A driveway permit and subdivision design approval must be obtained prior to construction 18 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 19 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 20 Lots 16 & 17 must share a driveway 3Page[ Public Utilities ] 21 Stormwater & Erosion Control Permits Required 22 Stormwater Statement Required 23 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 24 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 25 Need road details including cul - de - sac 26 Provide fire hydrant prior to mail kiosk Deploying fire hose from opposite side of Jackson King Rd will cause access issues and blocking of roadway 27 Need “ No Parking ” signs on one side of street with hydrants 28 Provide fire flow test Emanuel Tract Owner Robert Emanuel Developer Jones Creek , LLC Surveyor Freedom Firm , PC Acreage Lots 2674 acres , 28 lots Tax ID # 07F06002J Address 1300 Block of Old Barbour Rd Mr Marr introduced the case and referenced the above information Mr Marr shared additional site data information Mr Marr stated that this portion of Old Barbour Rd does not appear on the Comprehensive Transportation Plan as needing improvement and a reverse frontage buffer would be required along Old Barbour Rd Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , representing the Developer was present to answer any questions the Board may have Mr Bagley stated the particulars of the development Mr Jimmy Benson , 11219 NC HWY 210 , Benson , NC , owns a tract of land adjacent to the property Mr Benson shared the property had been in his family for sometime and that there was a farming easement agreement between Mr Emanuel and Mr Jonathan McKinney Mr Benson was concerned because the plat map does not reflect the easement Mr Benson is not opposed to the subdivision , but wants to ensure continued access to his property for farming Mr Caldwell asked for the location of the easement Mr Benson replied that he uses the driveway of Mr Richard Norris to access the easement and his property The easement is on Emanuel Tract 4PagePage pageNumber5Chairman DeLaine asked for clarification regarding the parties involved with the easement agreement Mr Benson replied in confirmation that the easement agreement had been with the previous owner of Emanuel Tract and further shared concern about the easement not being reflected on the plat map he received Mr Newton showed the easement location on the map and asked for confirmation from Mr Benson Mr Benson confirmed the location of the easement on the map and pointed out the location of the path on Emanuel Tract Mr Newton pointed out that the easement appeared to cross lots 18 , 19 , and 20 Mr Benson stated that it was an established easement with gravel and has been maintained for 40 + years for farm equipment Mr Benson stated that Mr Norris ’ son was present and had a map from the mid - 1980s that reflected the easement Mr Lanny Clifton , 2701 Polenta Rd , Clayton , NC , acknowledged the easement and is not opposed to the easement Mr Clifton also stated that he consulted his attorney and there is no recorded easement Mrs Hackler asked to view the map brought by Mr Norris ’ son The map was circulated among the Board and reviewed Mr Newton asked if there was recordation information on the map Mr Norris stated the map was dated November 7 , 1988 and recorded in Book 31 , Page 305 Ms Hackler stated that the map did have recordation information and did show the easement Ms Hackler requested advisement from Ms Slusser Ms Slusser stated that the map appeared to show the easement on the Norris property , but did not show it on the former Holding property Ms Slusser stated that no title work had been done by the county The developer would be responsible for reflecting what the record shows on the maps The burden of proof to show that all of the standards of the ordinance are met lie with the developer Mr Bagley stated that the developer would offer to extend the 15 ’ access easement through the property as a condition Mr Newton stated that the current standard is a 20 ’ access easement 5PagePage pageNumber6Mr Clifton stated that he is not opposed to the 20 ’ access easement Ms Ruby Norris , 1364 Old Barbour Rd , Benson , NC , lives adjacent to the property and whose driveway is used to access the easement to Mr Benson’s tract of land Ms Norris expressed concern of homeowners of Emanuel Tract using her driveway as access to their properties Mrs Hackler stated that the developer had agreed to a 20 ’ access easement for the current farmer and it would not be used by the homeowners of Emanuel Tract Mr Newton showed the access easement in relation to the lots of Emanuel Tract on the map and stated that the homeowners will not have right of use to the easement There was no further discussion Chairman DeLaine asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions in the staff report Mrs Hackler asked Ms Slusser for guidance on adding a condition for the 20 ’ access easement granted to Mr Benson and asked if it was the type of easement that would continue onto the heirs of Mr Benson Ms Slusser made a recommendation for adding a condition if the applicant was in agreement and stated that it would be perpetual The plat map itself won’t grant the easement ; an easement document will also be needed The easement would burden the property that Mr Clifton is developing and it would benefit the property of Mr Benson Staff recommendation is for approval Upon a motion by Ms Hackler to approve Emanuel Tract with the condition for the 20 ’ access easement granted to Mr Benson , seconded by Mrs Holmes , the Planning Board approved Emanuel Tract by a unanimous vote of 6 - 0 , at the November 16 , 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 6PagePage pageNumber710 Provide reverse frontage lot buffer along Old Barbour Rd 11 Fee - in - lieu of open space shall be paid prior to recording 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements 14 20 ’ access easement granted to Mr Jimmy Benson to access his property This must be recorded with the Register of Deeds [ 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 limited to 12 impervious area without stormwater management Condition in bold was added by the Planning Board during the meeting Eller Tract Owner Jeanette H Eller Developer Lipscomb Development Surveyor Adams & Hodge Engineering , PA Acreage Lots 3451 acres , 30 lots Tax ID # 16L02035 Address 3490 NC Hwy 231 7PagePage pageNumber8Mr Marr asked if the Board wanted to table the hearing for the Eller Tract at the request of the applicant Mr Caldwell stated that the Eller Tract is postponed until the December Planning Board Meeting , so the applicant can present an updated site plan There was no further discussion Upon a motion by Ms Holmes to table the Eller Tract at the applicants request , seconded by Ms Hackler , the Eller Tract was tabled to the December 21 , 2021 Planning Board Meeting by a unanimous vote of 6 - 0 , at the November 16 , 2021 Planning Board Meeting Rezoning and Conditional Zoning Cases Rezoning Case 21 - 21 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 13E04025B & 13E04025C Owner Consolidated of NC , LLC Applicant Consolidated of NC , LLC Location 698 Church Rd in Pleasant Grove Township Mr Marr introduced the case and referenced the information listed above Mr David Manning , 108 A Professional Court , Garner , NC , stated they have a non - conforming mobile home park that they are wanting to convert to an outdoor indoor storage facility Mr Manning shared the challenge of moving out existing residents Mrs Byrd asked how many residents remained in the mobile home park that would need to move Mr Manning responded with 10 residents and stated residents were notified well in advance and were paid for their facility Ms Hackler asked for clarification concerning the residents owning the home and leasing the land ; Mr Manning confirmed and stated that they provide water , trash , and septic maintenance Mrs Hackler asked for clarification concerning the vision of storage and or retail Mr Manning stated retail was not the vision at this time , but does not want to be limited in the future Mr Newton stated that the ordinance does require a site plan for a conditional zoning and further discussed the differences between zonings 8PagePage pageNumber9Ms Hackler asked Mr Manning about providing a site plan Mr Manning stated a site plan could be provided , but things may change on their end Mr Newton shared that any changes made to an approved site plan would need to come back to the Board as a modification Ms Slusser shared that approvals from this Board will go to the Board of Commissioners and shared the concern that the Board of Commissioners will expect a site plan Ms Slusser made the recommendation to table the case and give the applicant an opportunity to provide a site plan Ms Hackler apologized to the applicant for navigating through the newer process Mr Manning explained that any changes most likely would be the percentage of how much storage was conditioned versus outdoor Mr Newton described the differences between minor and major modifications per the county ordinance Ms Hackler discussed tabling the case until the applicant could provide a site plan Mr Manning stated a site plan could be provided prior to the next Board meeting There was no further discussion Upon a motion by Mrs Holmes to table Rezoning Case 21 - 21 , seconded by Mrs Hackler , Rezoning Case 21 - 21 was tabled to the December 21 , 2021 Planning Board Meeting by a unanimous vote of 6 - 0 at the November 16 , 2021 Planning Board Meeting There were no discussion items The meeting ended at 6 58 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 9Page