June 21, 2022 - Planning Board Full Packet

Johnston County Planning BoardJune 21, 2022-600 PMJohnston County CourthouseCounty Commissioners RoomSmithfield, North Carolina1 PLEDGE OF ALLEGIANCE2 APPROVAL OF THE MINUTESFrom the May 17, 2022 Planning Board Meeting3 CONSENT AGENDA• Consider request to nullify approval of a previous major subdivision submittalat the request of the new prope11y owner600pm Subdivision Review4 SUBDMSIONS Speakers to be Sworn In• Green Tract 1309 acres, 10 lots Barber Mill Rd SR 1555 at Stylish Sierra Dr inClayton Township• Weaver Tract 2859 acres, 18 lots Lowell Mill Rd SR 2335 just west ofGoodling Rd in Micro Township• US 701 Tract-Wilkins 1828 acres, 19 lots US Hwy 701 north of Marler Rd SR1137 in Bentonville Township• Rock Pillar Rd Tract 3430 acres, 22 lots Rock Pillar Rd SR 1572 just no11h ofNolan Cir in Wilsons Mills Township• The Laurel 5922 acres, 46 lots 2641 Powhatan Rd just northwest of PocahontasTri in Clayton Township• Fannstone Meadows 14759 acres, 98 lots Dupree Rd SR 1541 south of Mid Lnin Pleasant Grove Township600pm or after Public Hearings5 REZONING AND CONDITIONAL ZONING CASESCASE 22-20Rezoning Petition Petition to rezone a 34 acres of a 1 acre tract located at 6217NC HWY 39 in ONeals Township from Agricultural Residential AR toGeneral Business-Conditional Zoning GB-CZTax ID 11 N05004EOwner Bonnie Ricky GodwinApplicant David Ricky Godwin, Jr, TrusteeConditional Zoning To allow for Car DealershipCASE 22-21Rezoning Petition Petition to rezone 2545 acres of a 3108 acre tract located at7618 Elevation Rd in the Elevation Township from Agricultural ResidentialAR to Agricultural Residential-Conditional Zoning AR-CZTax ID 070060091Owner Roy Lee Brenda MatthewsApplicant Christina HowardConditional Zoning Request Eventwedding Venue6 Consider Zoning Map and Text amendments as related to the Land DevelopmentCode, Article VIII; Flood Damage Prevention7 DISCUSSION ITEMS8 INFORMATION ITEMS9 NEXT MEETING July 19, 2022-6pm10 ADJOURNMENTDRAFTMEETING OF THE JOI-INSTON COUNTY PLANNING BOARDTuesday, May 17, 2022 600 pmThe Johnston County Planning Board met in regular session on Tuesday, May 17, 2022 at600 pm in the County Commissioners Meeting Room, Johnston County CourthouseAnnex, Smithfield, NC with the following membersPresent Denise Byrd, Adam Caldwell, Michelle Davis, Nicole Hackler, Brooke Holmes,Debbie Howard, Freddie Hudson, Will Letchworth, Richard Braswell BOCCRepresentativeAbsent BOE RepresentativeAlso present Braston Newton Director; Todd Marr, Planner; Cameron Pittman, Planner;Jennifer Slusser, County AttorneyChairman Letchworth opened the meeting at 600 pm with the Pledge of AllegianceApproval of the MinutesUpon a motion by Mr Hudson to approve the April 19th Planning Board Minutes,seconded by Ms Byrd and carried by a unanimous vote of7-0, the April 19, 2022 PlanningBoard Minutes were approved as presentedAll speakers were sworn inChairman Letchworth stated that Farmstone Meadows Subdivision would not be heard attonights meeting The Applicant requested that it be tabled until the June 21, 2022Planning Board Meeting Upon a motion by Mr Caldwell to table Farmstone Meadowsuntil the June 21, 2022 Planning Board Meeting, seconded by Ms Davis, FarmstoneMeadows was tabled by a unanimous vote of 7-0 at the May 17, 2022 Plaiming BoardMeetingSubdivisionsHelen Stephenson Tract April 2022Owner Jones Creek, LLCDeveloper Jones Creek, LLCSurveyor Freedom Firm, PCAcreageLots 5850 acres, 32 lotsTax ID # 13D05028Address 4125 Zacks Mill RdMr Marr introduced the subdivision and referenced the above information Mr Marr addedthat this subdivision had been tabled once and was then denied at the March 15, 2022Planning Board Meeting1Mr Chip Hewitt, 101 Blackstone Ln, Selma, NC, Attorney representing the Applicant,was present to answer any questions the Board may have Mr Hewitt revisited the twoprevious areas of concerns The first objection was due to the application and Mr Hewittstated that has been resolved The second objection was due to the former hog lagoon onthe property and Mr Hewitt stated that another expert was present and available to speakafter Mr BagleyMr Carlos Bagley, 63 Watkins Rd, Clayton, NC, SurveyorEngineer, was present toanswer any questions the Board may have Mr Bagley stated the particulars of thedevelopmentMr Hewitt asked Mr Bagley about the location of the farm pondMr Bagley responded that the pond is located on lot 5 and encumbered by a 50 foot bufferMr Bagley also confirmed that the pond would be sold with lot 5Mr Hewitt stated that the 100 year floodplain was identified on the preliminary site planand asked about development in that areaMr Bagley stated that there would be no development in the floodplain areaMr Hewitt asked about the nearest Voluntary Agricultural DistrictMr Bagley responded that the nearest Voluntary Agricultural District is within half a mileMr Hewitt asked for confirmation that they would get roughly 32 lots out of the 58 acresMr Bagley confirmed that they are proposing a density of 055 per acreMr Curtis Barwick, 200 Westover Rd Clinton, NC, with Barwick Ag Services is aconsultant with hog and poultry farmers on environmental concerns and compliance issuesMr Barwick stated that he can assist with the decommissioning of hog farms Mr Barwickwas contacted by the current owner, Jones Creek, LLC, and reviewed a packet ofinformation provided by Mr Bryan Brice Mr Barkwick confirmed the review of thepacket and stated that it looks like the farm was abandoned somewhere between 1995 and1997 Mr Barwick stated that the area in question is located in the 100 year floodplain anddiscussed the certification and permitting process Mr Barwick stated that he visited thesubject property and measured the depth of the pond in question stating that it is technicallya holding pond and not a lagoon due to its depth Mr Barwick shared his findings, includinga 3 foot layer that was tested and that visually and by touch did not look like hog wasteMr Barwick has spoken with Johnston County Soil and Water Mr Barwick stated thatany rain and flooding would have washed out any hog waste a long time ago that may havebeen in the holding pond Mr Barwick also spoke of wildlife present in the area and didntsee any concerns with impact on the wildlife Mr Barwick also stated that he feltcomfortable stating that the holding pond could probably be signed off as no longer beinga waste receiving structure, unless further testing is required2Chairman Letchworth asked Mr Barwick to speak more about his statement about signingoff that the holding pond is no longer a waste receiving structureMr Barwick stated that he would speak more with Johnston County Soil and WaterConservationMr Caldwell asked Mr Barwick if there was a way to determine 100 if there was nosludgeMr Barwick stated that he took samples and has not received the results He stated that heis looking for the nitrogen contained and nitrogen would be present anywhere there isdecomposing organic material Mr Barwick also stated that he would expect no fecalcoliform to be found in the compacted material in the holding pond and that an isotopestudy would be needed to determine if it was from hogs and not other animals _if any werefoundMs Hackler asked Mr Barwick about the decommissioning process for a hog waste farmMr Barwick explained the decommissioning processMs Hackler asked Mr Barwick about the samples he took from the holding pondMr Barwick confirmed that he had taken samples and sent them off He stated that the testsare testing for nitrogen and nutrient contentMs Hackler asked Mr Barwick ifthere are acceptable levels for clean upMr Barwick stated that you would have to look at the background material in the area andthat he couldnt provide a threshold amount Mr Barwick stated that the sample tests willreport what is in the material at the time the samples were collected Mr Barwick also gavesample ranges of results for active lagoons and olderabandoned lagoonsMs Hackler asked Mr Barwick if the sample test results came back with lower levelswould those results be additional evidence to offer that there is no longer a hog wasteproblem on the subject propertyMr Barwick stated that other conversations would need to be had to see if there is a bettermethod for determining if it is hog wasteMs Samantha Krop, a Neuse Riverkeeper with Sound Rivers, is an advocate for the NeuseRiver Ms Krop shared her concerns for the impact on the Black Creek watershed Shestated that her primary concern is the old hog waste lagoon located in the 100 yearfloodplain and adjacent to a blue line tributary Ms Krop spoke of an open investigationwith NCDEQ and a previous notice of violation for flooding into the nearby stream for theold hog farm Ms Krop also shared concerns about stormwater runoff Ms Krop requestedthat the Board seek out answers from the NCDEQ investigation before approving theproposed subdivision, as well as closing the lagoon3Ms Holmes asked Ms Krop about when the violation was issuedMs Krop responded in February 1996 after a site visit in 1995Ms Hackler asked Ms Krop about the ongoing NCDEQ investigation and if she knew thecurrent statusMs Krop responded that she believes the investigation was started recently due to concernsfrom locals and that NCDEQ cannot share information about open investigations Ms Kropdid speak with someone from NCDEQ and confirmed there was an open investigationMr Hewitt asked Ms Krop about the relevance of the notice of violationMs Krop responded that the notice of violation shows that the lagoon was overflowing atthat time when there was less annual precipitation and less severe climate weather If it wasoverflowing into the surrounding swamp and Black Creek at that time, Ms Krop suggestswe can surmise with more annual precipitation and more stormwater runoff from theimpervious surfaces that there would be significantly more floodingMr Hewitt asked Ms Krop who issued the violation and why hasnt any action been takensince 1996Ms Krop responded that NCDEQ issued the violation and they currently have an openinvestigationMr Hewitt stated that the hog lagoon has been shut down since 19961997Ms Krop stated that the hog lagoon has not been legally shut down and there is a detailedprocessMr Hewitt asked Ms Krop ifNCDEQ had contacted the property owner about the openinvestigation and asked how she knew it was openMs Krop responded that the public cannot know the details of the investigation due toagricultural laws and that someone from NCDEQ stated there was an open investigationand they could not give her any information about itMr Hewitt asked Ms Krop about her reference to the lagoon whereas Mr Barwick statedit was not a lagoonMs Krop responded that they have documents from NCDEQ with the exact location of thewaste lagoon She stated that although it may not be functioning as a waste lagoon now, itwas once a waste lagoon Ms Krop also stated that without proper sampling and testing,that question catmot be answered and should be left up to NCDEQMr Hewitt asked Ms Krop if she had been to the subject property4Ms Krop responded that she has been near the subject property but has not been on thesubject property since it was private propertyMr Bryan Brice, 127 West Hargett St, Suite 600, Raleigh, NC, is an Environmental LawAttorney representing Mr Don Byrd with Pleasant Grove Holdings, LLC, an adjacentproperty owner Mr Brice shared envirom11ental concerns with the subject property,specifically the existence of a hog lagoon that was in operation for over 20 years and withover 300 hogs when in operation and the amount of waste that went into the lagoon MrBrice referenced Chapter 14 Article 3 of the Johnston County Land Development Codestating that it requires the Planning Board to ensure the health, safety, and welfare of thecommunity and the surrounding enviromnent Mr Brice provided additional materials forthe Plam1ing Boards review that included information from NCDEQ and regulatoryframework for how a hog lagoon is to be closed Mr Brice shared concerns of no newinformation since the last hearing of this subdivision proposal, the demolishing of barns onthe subject property, and the filling in of wells on the subject property Mr Brice alsoshared concern for the hog lagoon not being shown on the preliminary site plan andstormwater runoff Mr Brice shared concern for an approval of the proposed subdivisionbefore more information is received from the NCDEQ investigationChairman Letchworth asked Mr Brice about the location of Mr Byrds property and howhe would be impacted by the proposed subdivisionMr Don Byrd, 3541 Stephenson Rd, Angier, NC, is a nearby resident in a VoluntaryAgricultural District Mr Byrd spoke of their bicentennial farm and efforts to maintainBlack Creek Mr Byrd shared concerns for the impact on Black Creek with property bothupstream and downstreamMr Geno Kennedy, with Agriment Services, Inc, has experience with closing hogoperations Mr Kennedy advised that old hog farms that are not closed properly are aliabilityMr Brice asked Mr Kennedy about the proper procedureMr Kennedy responded that there will be qualities that show it is not an active operationand that proper testing of samples would provide more information He also stated thatsludge can become similar to compacted soil on the bottom allowing for aquatic life onsurface levelsChairman Letchworth asked Mr Kennedy if additional runoff could have the potential tobreak up the sludgeMr Ke1medy responded that he thought a piece of equipment would be needed to break upthe sludge and that the bottom of the lagoon is probably not flowing anywhereMs Hackler asked about a hurricanes ability to disturb the sludgeMr Kem1edy responded that a hurricane might disturb the sludge depending on the windforce Mr Kennedy advised of closing proceedings for lagoon closure standards5Mr Hewitt asked Mr Kennedy for clarification about the notice of violationMr Kennedy responded that the owner did not need a written permit under a certainnumber of hogsMr Hewitt asked Mr Kennedy for further clarification about a hog farm with less than 250hogs and if a permit was neededMr Kennedy responded that a permit may not be needed but that the facility still had tofollow water quality requirements of the state Mr Kennedy explained various permits andrequirementsMr Hewitt asked Mr Kennedy about the issue with the hog lagoon if there have been nohogs present since 1996Mr Kennedy responded that hog waste is not like human waste and a lagoon lacks thecapacity biologically to break down the wasteMr Hewitt asked Mr Kennedy about his experience with remediation of a hog operationthat had not been in operationMr Kennedy responded with his most recent experience in Craven CountyMr Brice asked Mr Kennedy if there could be more potential runoff after developmentMr Kennedy responded that he would leave that response to an engineer but it is likelythat water will run towards the swamp in his opinionMr Brice once again shared concern for an approval of the proposed subdivisionMs Holmes asked Mr Brice about multiple letters between the former owner and NCDEQregarding the discrepancy between the number of hogsMr Brice responded that those discrepancies were part of his concerns as wellMs Holmes asked Mr Brice about the current owner demolishing buildings and fillingwells on the subject property without permits and if there were open violations withJohnston CountyMr Brice responded that they did not have any documentation of open violations and theycould not find any permits on recordMs Holmes asked Mr Brice about the types of permits requiredMr Brice responded that he believes there are basic forms for filling in wells tlu·oughenviromnental health and a certified person will take test samples for asbestos to determineif a permit is needed6Chairman Letchworth asked Mr Brice if he knew of asbestos in the barns demolished orif speculationMr Brice responded that he did not know but that someone is supposed to find out beforedemolishingMr Hewitt stated that the applicant would consent to table the subdivision proposal if theBoard feels the NCDEQ open investigation is an issueMr Caldwell asked why the barns were demolished and wells filled in without permitsMr Hewitt stated that he was not aware of those being doneMs Holmes asked about the current owners knowledgeMr Hewitt stated that he did not know but he could ask to find outChairman Letchworth asked Mr Bagley about the blue line streams location and thenature of the streamMr Bagley responded that the blue line stream does have a defined stream bed and is fairlyflat Mr Bagley responded that there will be some stormwater running into the stream andthat they can divert some stormwater to the upper side where it naturally flows Mr Bagleystated that they are not proposing to direct any additional water to the former hog lagoonand have no plans to touch the former lagoonChairman Letchworth asked Mr Bagley if calculations had been done to understand thepossibility of the stream overflowing into the lagoonMr Bagley responded no but that he could show calculations that farmland turned into alow density subdivision produces less runoff and that will be shown during the stonnwaterpermit processMr Hudson asked Mr Bagley about runoff diffusing naturallyMr Bagley responded that an open channel is usually put in between lots past the septicareas and then spreads out and lessens the velocity of the waterMs Davis asked Mr Bagley about the responsibility of the floodplain and safety ofresidentsMr Bagley responded that they could remove the 100 year floodplain and replace it withretained by developer, essentially remove it from the subdivision and it be owned by thedeveloperThere was no further discussion7Chairman Letchworth asked for the staff recommendation Mr Marr stated the staffrecommended approval with the stated conditions and requirements in the staff reportMs Davis asked staff about the Countys liability with a NCDEQ open investigationMs Slusser explained that typically approvals require contingency that they meet all state,federal, and local regulations Ms Slusser stated that if the Board approved the proposedsubdivision that they consider specific conditions related to issuesMr Caldwell asked what would happen if the proposed subdivision was approved and thenfound in violationMs Slusser responded that this was the preliminary stage and it is unlikely that they wouldreceive approval of a final plat if there were violationsChairman Letchworth asked for clarificationMs Slusser responded that she was speaking specifically with regards to Johnston Countyviolations and that she would not recommend final approval with standing violations withthe state eitherMr Caldwell asked about the concern of no permitsMr Marr responded that staff can look into those concerns now that it has been brought toattentionMs Hackler asked about the possibility of re-applying by the applicant if the proposedsubdivision was deniedMr Marr responded that the applicant can re-apply at any timeChairman Letchworth stated that the Board does have the ability to add conditions as theyrelate to any concernsStaff Recommendation ApprovalUpon a motion by Mr Caldwell to deny Helen Stephenson Tract April 2022, seconded byMs Holmes, Helen Stephenson Tract April 2022 was denied by a unanimous vote of 7-0at the May 17, 2022 Platming Board MeetingThere was a short 10 minute breakGrabtown Rd Subdivision April 2022Owner RRT DevelopmentDeveloper RRT Development, LLCSurveyor Stocks EngineeringAcreageLots 7907 acres, 78 lotsTax ID# 04M15006A, 04N14030F, 04M15006C8Address 400 Block of Grabtown RdMr Marr introduced the subdivision and referenced the above information Mr Marr addedthat this subdivision was tabled at the March 15, 2022 Planning Board MeetingMr Mike Stocks, 801 E Washington St, Nashville, NC, Stocks Engineering, stated theparticulars of the development and was present to answer any questions the Board mayhave Mr Stocks addressed previous concerns Mr Stocks addressed the concerns of thecemetery located off of street D with direct access from street D in addition to the accesseasement from the flag lot behind it Mr Stocks also addressed the concerns of street Awith the revision extending the road to the landlocked property on the end and did notoppose adding a hammerhead turnaround for emergency vehicles Mr Stocks advised ofadditional features to address previous concerns, including a 15 foot landscape buffer MrStocks reviewed the street design and the separation distance between streets A, D, and EMr Stocks also presented a letter from the Brogden Fire Department stating that they donot take a position concerning the approval of this proposed development Mr Stocks alsostated that they will adhere to all required standardsMs Whitney Hosey, 102 South Third St, Smithfield, NC, Attorney representing severalmembers of the Brogden community that are in opposition to the proposed developmentMs Hosey asked those in attendance in opposition to stand Ms Hosey stated the area iszoned agricultural residential and that there are roughly nine subdivisions within a 20 mileradius of the proposed development with some phases still under development Ms Hoseyreferenced Johnston County Land Development Code Section 14-75, as well as spoke ofthe use of moderate growth in the Johnston County Land Development Code Ms Hoseyshared concerns of congestion and overcrowding in the primarily rural area Ms Hoseyshared additional concerns for schools, emergency services, infrastructure, farm access,and community policy Ms Hosey requested a formal easement access agreement betweenMr Melvin Oliver and the Applicant and that the access is large enough for farmequipmentMs Hackler stated that the Applicant did not apply for the full amount of allowable lotsand applied for 78 lots instead of the allowable 114 lotsChairman Letchworth stated that the student generation numbers are provided by theCountys School Consultant and not the Applicant Chairman Letchworth also spoke aboutand advised residents to paiticipate in the Comprehensive Land Use PlanMr Caldwell advised residents to attend Board of County Commissioners meetingsMs Holmes asked Ms Hosey about a clear definition of moderate growthMs Hosey responded that the definition is left up to interpretationMs Samantha Krop, a Neuse Riverkeeper with Sound Rivers, is an advocate for the NeuseRiver Ms Krop conducted a site visit to adjacent properties and through the waterwaysand blue line streams surrounding the proposed development Ms Krop shared concernsthat the hydrology and stream channels do not have the infrastructure in place to handle9the additional runoff from the proposed development Ms Krop spoke about the two blueline streams on the subject property Ms Krop shared concerns for the impact on waterquality and in-stream water quantity Ms Krop made a recommendation for open spaceinstead of fee-in-lieu Ms Krop also shared concerns for the pond on the subject propertystating that it is already showing signs of significant nutrient problems and recommendedthat there be some intentional remediation and green stormwater control methods MsKrop also spoke of a pond on the southern portion of the proposed development that is notnoted on the preliminary plat Ms Krop stated that the pond is already functioning as astormwater system and should be buffered as a riparian area Ms Krop also shared that shewas made aware of a number of blind ditches on the subject property and shared concernsfor septic locationsMr Melvin Oliver, 6729 Brogden Rd, Smithfield, NC, is an adjacent property owner whoshared concerns about control of the wild hog population and wildlife problems Mr Oliveralso shared concerns about drug violations in the areaMs Jena Andrews, 1128 Grabtown Rd, Smithfield, NC, is a nearby property owner MsAndrews provided clarification concerning the fire department conversation at the previousmeeting and pointed out that the local fire department is all volunteer Ms Andrews alsoshared concerns regarding the impact on schools and the safety issues presented by mobileunits at schools as result of increased populationMr Jeff Huffman, 876 Grabtown Rd, Smithfield, NC, is an adjacent property owner tothe south of the subject property Mr Huffman also provided clarification concerning thefire department conversation at the previous meetingMs Pamela Moser, 6773 Brogden Rd, Smithfield, NC, is a nearby property owner thatshared concerns regarding the impact on schools and increased trafficMs Davis asked Ms Hosey about the number of community members she is representingMs Hosey responded that there were roughly 37 in attendance at the last communitymeeting and some were not able to attend the Board meeting Ms Hosey stated that herestimate is 40+ community membersMr Stocks stated that the Developer would be willing to increase the riparian buffer to 100foot in the areas where possible Mr Stocks referenced Johnston County LandDevelopment Code Section 14-390 and addressed stormwater management and runoffconcernsMs Byrd asked Mr Stocks about the width of the easement for the Herman WhitleypropertyThere was discussion of the Whitleys owning the path and it not being an easementMs Hosey clarified the concern for Mr Melvin Olver and an easement to his tlu-eelandlocked farm parcels behind the subject property The revised preliminary plat showsstreet A as an open-ended road that is a 60 foot right-of-way for the purpose of ingress andegress Ms Hosey proposed that the easement be formalized for farm access andagricultural purposesChairman Letchworth clarified that street A is a public right-of-wayMr Stocks clarified the existing easement coming off of the Herman Whitley property toaccess the cemetery He also added that they were putting a right-of-way street D in frontof the cemetery so it could be accessed without needing the easementMs Jan Whitley, 6079 Brogden Rd, Smithfield, NC, property owner of 460 GrabtownRd, Smithfield, NC, shared concerns for the proposed development and its adjacentlocation to their property, including traffic, noise, safety, and privacy Ms Whitley alsoshared concerns for the impact on schools Ms Whitley also distributed information to theBoard regarding the surrounding areaMr Terry Whitley, 6082 Brogden Rd, Smithfield, NC, is a nearby property owner thatasked for clarification about the farn1 access through the subdivision Mr Whitley sharedconcerns about the level of asphalt heat and the issues that large farm equipment may causeto the asphaltThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr stated the staffrecommended approval with the stated conditions and requirements in the staff reportMr Stocks stated that the Developer would like to add a condition regarding an increasein the riparian bufferMs Hackler stated that she understood the concerns shared Ms Hackler advised thedensity of the proposed development is less than what allowed and recognized changes theDeveloper made since the last hearingMs Davis stated that the local fire department is an all volunteer organization and thatBrogden is 1 of 8 fully volunteer fire departments in the countyMs Holmes acknowledged the amount of people present at the Board meeting from thecommunity as well as the amount of community members represented by Ms HoseyMs Davis shared concerns for the enviro1m1ental impact on the Neuse RiverMr Caldwell expressed thoughts surrounding development in various parts of the countyMs Davis spoke about the Comprehensive Land Use PlanStaff Reconm1endation Approval11Upon a motion by Ms Hackler to approve Grabtown Rd Subdivision April 2022, secondedby Ms Howard, the motion failed with a vote of 3-4 with Mr Hudson, Ms Byrd, MsDavis, and Ms Holmes in dissentUpon a motion by Ms Byrd to deny Grabtown Rd Subdivision April 2022 based on theBoards concerns, seconded by Mr Hudson, Grabtown Rd Subdivision April 2022 wasdenied by a vote of 4-3 at the May 17, 2022 Planning Board Meeting with Ms Hackler,Ms Howard, and Mr Caldwell in dissentThere was a short 10 minute breakBrowning MillOwner Randy EdwardsDeveloper RBV 231, LLCSurveyor WithersRavenel, Inc - Colleen DuryeaAcreageLots 10612 acres, 82 lotsTax ID# 16K01024J, 16K01025O, 16K01025P, 16K01025 16K01025QAddress 1600 Block of Stotts Mill RdMr Marr introduced the subdivision and referenced the above informationMs Hackler asked staff about the maximum allowable densityMr Newton explained the reason for not providing a maximum allowable density MrNewton also clarified lot size standardsMr Brad Hart, 115 Mackenan Dr, Cary, NC, a Registered Professional Engineer withWithersRavenel, Inc, stated the particulars of the development and was present to answerany questions the Board may haveChairman Letchworth asked Mr Hart about the need for Wendell Rd accessMr Hart responded that it was elected during the design stageChairman Letchworth asked Mr Hart if they would oppose closing the Wendell Rd accessand creating a cul-de-sac due to the current NCDOT requirements for a turn lane on bothWendell Rd and Stotts Mill RdMr Hart responded that they would not oppose closing the Wendell Rd access and theywould consult with NCDOT and possibly update the TIA studyMs Howard asked about lot 18 and the access to Stotts Mill RdMr Hart confirmed that lot 18 does have access to Stotts Mill Rd and explained that thereare no plans for physical connectionMs Davis asked Mr Hart if that portion would go with lot 18 to which Mr Hart confirmed12Ms Davis asked Mr Hart about the location of the pond and maintenance of the pondMr Hart responded that the pond is located in the open space and the pond would fall underthe ownership and responsibility of the HOAThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr stated the staffrecommended approval with the stated conditions and requirements in the staff reportStaff Recommendation ApprovalUpon a motion by Ms Holmes to approve Browning Mill with the condition to removeWendell Rd access, seconded by Mr Hudson, Browning Mill was approved by aunanimous vote of 7-0 at the May 17, 2022 Planning Board MeetingConditions and Requirements[Planning]1 Complete flood plain information2 Metes bounds3 Certifications4 Entrance sign street signs5 Street name approval6 All lots shall access internal streets7 Cul-de-sac lots must have 40 road frontage8 Complete improvements or provide performance guarantee9 Provide final plat Street Disclosure Statement Certificate for street maintenanceDM Sec 7, L item 810 Provide reverse frontage lot buffer along Stotts Mill Rd and Wendell Rd11 Show to whom open space is dedicated12 Provide 20 fee simple access to open space13 TIA Recommendations To be completed by developerStotts Mill Rd at Proposed Site Driveway #1• Provide one ingress and one egress lane on both northbound and southbound legsof Proposed Site Driveway #1• Provide 100 oflnternal Protected Stem IPSWendell Rd at Proposed Site Driveway #2• Provide one ingress and one egress lane on the eastbound leg of Proposed SiteDriveway #2• Provide 100 oflnternal Protected Stem IPS14 Provide utility easements along all lot lines in accordance with LDC Sec 14-75d315 Coordinate with the US Postal Service for the design of and utilization of clusterbox mail receptacle units13a CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health]16 Approval of all lots for onsite sewage disposal or statement for each unapprovedlot[NCDOT]17 A driveway permit and subdivision design approval must be obtained prior toconstruction18 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways19 It will be determined at the time the driveway permit application is submitted ifany road improvements will be required20 Northbound left turn lane on Wendell Rd and northbound left turn lane on StottsMill Rd[Public Utilities]21 Stormwater Erosion Control Permits Required22 Stormwater Statement Required23 A reasonable impervious area limit should be used per lot This should allow forhomeowner additions as well24 Wetlands should be delineated and shown on the plan if any are present as well asany jurisdictional features and buffers A buffer call will be required if one has not beendone already25 Property is limited to 15 impervious area without stormwater management[Emergency Services]26 Provide No Parking Fire Lane signs on same side of road as hydrants27 Provide flow test28 Provide hydrant distribution information Per plans, additional hydrants will berequired and locations updatedBrowning StablesOwner Frances HendersonDeveloper RBV 231, LLCSurveyor WithersRavenel, Inc - Colleen DuryeaAcreageLots 11813 acres, 92 lotsTax ID# 16K01025F, 16K01025E, 16K01025DAddress 1600 Block of Stotts Mill Rd14Mr Marr introduced the subdivision and referenced the above informationMr Brad Hart, 115 Mackenan Dr, Cary, NC, a Registered Professional Engineer withWithersRavenel, Inc, stated the particulars of the development and was present to answerany questions the Board may haveMs Hackler asked Mr Hart about the entrance location in relation to the previously heardsubdivision proposal, Browning MillsMr Hart confirmed the entrances for both Browning Mills and Browning Stables aredirectly across from one anotherMs Davis asked Mr Hart about a separate parcel as seen on GIS in parcel 3Mr Hait responded that it is a separate internal parcel that is landlocked and is undercontract to be acquired and part of this projectMr Hudson asked Mr Hart if there was an old farm path between lots 12 and 13Mr Hart responded that it was not an existing feature or farm road He stated that it wasfor planning purposes and possible future developmentMs Davis expressed appreciation for the open spaceChairman Letchworth expressed appreciation for the stub-outsMs Kelly Allen, 1871 Stotts Mill Rd, Wendell, NC, is an adjacent prope1ty owner to theright of the subject property Ms Allen stated that Stotts Mill Rd is a connector road MsAllen shared concerns for road maintenance and increased traffic Ms Allen also sharedconcerns for privacy and requested the Developer to add a buffer with trees Ms Allenstated they are beekeepers and the trees would also help with bee travel Ms Allen sharedconcerns about septic and their well water qualityChairman Letchworth shared information about the septic system requirements and thatthose would be addressed during the Environmental Health permitting processMs Davis acknowledged that this subdivision proposal and the one previously are in thesame school district Ms Davis also noted that the schools in this district are over capacityThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr stated the staffrecommended approval with the stated conditions and requirements in the staff reportStaff Recommendation Approval15Upon a motion by Ms Byrd to approve Browning Stables, seconded by Mr Hudson,Browning Stables was approved by a unanimous vote of 7-0 at the May 17, 2022 PlanningBoard MeetingConditions and Requirements[Planning]1 Complete flood plain information2 Metes bounds3 Certifications4 Entrance sign street signs5 Street name approval6 All lots shall access internal streets7 Cul-de-sac lots must have 40 road frontage8 Complete improvements or provide performance guarantee9 Provide final plat Street Disclosure Statement Certificate for street maintenanceDM Sec 7, L item 810 Provide reverse frontage lot buffer along Stotts Mill Rd and Wendell Rd11 Show to whom open space is dedicated12 Provide 20 fee simple access to open space13 TIA Recommendations To be completed by developerStotts Mill Rd at Proposed Site Driveway #1• Provide one ingress and one egress lane on both northbound and southbound legsof Proposed Site Driveway# 1• Provide 100 oflnternal Protected Stem IPSWendell Rd at Proposed Site Driveway #2• Provide one ingress and one egress lane on the eastbound leg of Proposed SiteDriveway #2• Provide 100 oflnternal Protected Stem IPS14 Provide utility easements along all lot lines in accordance with LDC Sec 14-75d3 15 Coordinate with the US Postal Service for the design of and utilization of clusterbox mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[Environmental Health]16 Approval of all lots for onsite sewage disposal or statement for each unapprovedlot[NCDOT]1617 A driveway permit and subdivision design approval must be obtained prior toconstruction18 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways19 It will be determined at the time the driveway permit application is submitted ifany road improvements will be required[Pub lie Utilities]20 Stormwater Erosion Control Permits Required21 Stormwater Statement Required22 A reasonable impervious area limit should be used per lot This should allow forhomeowner additions as well23 Wetlands should be delineated and shown on the plan if any are present as well asany jurisdictional features and buffers A buffer call will be required if one has not beendone already24 Property is limited to 15 impervious area without stormwater management[Emergency Services]25 Provide No Parking Fire Lane signs on same side of road as hydrants26 Provide flow test27 Provide hydrant at 3233 Move hydrant to intersection on 48, Provide hydrant atintersection across from 64 Move hydrant from 9192 to 92 at intersection Providehydrant at 3839 Maintain 500 within footprint28 Provide turnarounds between 12 13 and 25 26Rezoning and Conditional Zoning CasesRezoning Case 22-15Rezoning Petition Agricultural Residential AR to General Business GBTax ID 05E01007D 05E01008NOwner FL Cornwallis, LLC Anthony F ThorntonApplicant FL Cornwallis, LLC Kate BrownLocation 4175 NC Hwy 42 and 4105 NC Hwy 42 in the Cleveland TownshipMr Marr introduced the case and referenced the information listed aboveMr Matt Lowder, 4006 Barrett Dr, Raleigh, NC, with Bowman Consulting, stated theparticulars of the request Mr Lowder explained that these parcels are adjacent to the FordMeadows development currently under construction and the intent is to rezone theseproperties so they will be compatible with the adjacent Ford Meadows Mr Lowder alsostated that the ultimate intent is to recombine the parcels with the other Ford Meadowstracts17There was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of approval and presented a draft statement of consistency forconsiderationStaff Recommendation ApprovalUpon a motion by Ms Hackler to approve Rezoning Case 22-15, seconded by Ms Byrd,Rezoning Case 22-15 was recommended for approval by a unanimous vote of 7-0 at theMay 17, 2022 Planning Board MeetingRezoning Case 22-16Rezoning Petition Agricultural Residential AR to General Business-Conditional ZoningGB-CZTax ID 11M02008E, 11M02008C 11M02007AOwner Renee P BakerApplicant Renee Greg BakerLocation 1900 Earpsboro Rd in ONeals TownshipConditional Zoning Request Indoor Outdoor storage for residential; antique and icecream retailMr Marr introduced the case and referenced the information listed above Mr Marr addedthat this petition was heard by the Board on March 15, 2022 and recommended forapproval The Applicant withdrew before the case was heard by the Board of CountyCommissioners The new application includes an additional parcelMr John Oglesby, 115 E Third St, Wendell, N C, CSD Engineering, representing theApplicantOwner, stated the particulars of the request and the reason for the previouswithdrawal Mr Oglesby also explained changes in the latest preliminary site plan as aresult of concerns shared at the March 15, 2022 Board meeting Mr Oglesby also discussedstormwater management and plans for the back portion to be placed in a conservationeasementChairman Letchworth asked Mr Oglesby about the location of the antique and ice creamshopMr Oglesby pointed out the location of the shop; it would be located in front of thecemetery in the existing old house on the subject propertyMs Holmes acknowledged the response to community feedback and for submitting a newapplication with changes based on the received feedback18There was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of denial due to inconsistency with the comprehensive planStaff Recommendation DenialUpon a motion by Ms Hackler to approve Rezoning Case 22-16, seconded by Ms Holmes,Rezoning Case 22-16 was recommended for approval by a unanimous vote of 7-0 at theMay 17, 2022 Planning Board MeetingConditions1 Proposed uses IndoorOutdoor Storage, antique shop, Ice creamsodashop Proposed by applicant2 Screening of storage lot will be done with native landscaping Proposed byapplicant3 Wide street yards and buffers Proposed by applicant4 Storage lot shall consist of crushed stone base with washed stone surface tomitigate dust Proposed by applicant5 Lighting shall be done as to not pollute the surrounding area; keeping lightsshining on to lot, not perimeter Proposed by applicant6 24 Hour accessibility7 The development shall conform to all requirements of the Johnston County LandDevelopment Code8 Applicant shall submit a detailed site plan for review and approval by thePlanning and Zoning Department Staff9 A Class B 2 large trees, 3 small trees, and 9 shrubs every 100 linear feetlandscape buffer shall be installed along all rezoning lines10 All signage shall comply with the Johnston County sign code11 If 17,000 SF of impervious area is planned or 1 acre will be disturbed, astormwater permit will be required12 If one acre or more is planned to be disturbed, an erosion control permit will berequired13 The site is in the ESA and limited to 12 impervious area without stormwatermanagement14 The maximum impervious area for the site is 80 with participation in the landdedication program and 50 limit without participation in the land dedication program15 The maximum nitrogen export for commercial sites in the ESA is 8 lbsacyr thatcan be brought down to 36 lbsacyr Anything over this tlu·eshold must be treated bystonnwater devices on site16 Wetlands should be delineated and shown on plan if any are present as well as alljurisdictional features and buffers A buffer call will be necessary for the pond on theproperty to determine if it is buffered if one has not been done already17 Provide fire hydrant distribution information and No Parking signs on sameside of street as hydrants18 An 8 foot opaque fence will be installed around storage area1919 NCDOT driveway permit required20 All gates must be equipped with Knox access for Fire DepartmentRezoning Case 22-17Rezoning Petition Agricultural Residential AR to Agricultural Residential-ConditionalZoning AR-CZTax ID 06E03012A, 06E03011T, 06E03009AOwner Phillip Kathleen WoodApplicant Shenandoah HomesLocation 1500 Block of Cornwallis Rd in the Cleveland TownshipConditional Zoning Request Single family residential with sewer accessMr Marr introduced the case and referenced the information listed aboveChairman Letchworth asked staff if there was a final TIAMr Newton confirmed and advised that TIA requirements were metMr Bob Spence, 212 S Second St, Smithfield, NC, Attorney with Spence Spencerepresenting the Applicant, stated the particulars of the request and provided an overviewof the proposed developmentChairman Letchworth asked Mr Spence about the location of road BMr Andy Mills, 3724 National Dr, Suite 215, Raleigh, NC, Engineer with ShenandoahHomes, addressed the TRC comments and distributed additional sets of plans for theBoards review Mr Mills stated that all requirements would be met and that there will becurb and gutter for drainage system and runoffMs Davis asked Mr Mills about the open space and walking trails to distinguish betweenthem and neighboring propertiesMr Mills explained that the walking trails will connect to an existing neighborhood andthat there will be no impact on stormwater to the adjacent propertyMs Holmes asked about the type of buffer on lots adjacent to the existing pond that is noton the subject propertyMr Mills responded that they are providing a landscape buffer along the subject propertylinesMr Hudson asked Mr Mills for more information concernmg their stormwatermanagementMr Mills discussed stormwater management practices including lot design and grading,curb and gutter on the streets, and a stormwater treatment pond20Ms Davis asked Mr Mills about Phase 2Mr Mills responded that both Phase 2 and Phase 3 are active constructionMr Jeremy Gallow, 114 Lisburn Ct, Garner, NC, is a nearby resident in the first phaseof the subdivision Mr Gallow stated that he was not aware of a fourth phase at the timeof his home purchase Mr Gallow shared concerns of shared amenities, lack of walkingtrails in the first phase, amended covenants, and builder practicesMr John Langdon, 618 Cornwallis Rd, Garner, NC, is an adjacent property owner to thewest of the subject property Mr Langdon shared concerns about the increased traffic onCornwallis Rd Mr Langdon also shared concerns about stormwater and runoff into thepond on his propertyMs Hadder left the meetingMr Brent Williford, 1507 Cornwallis Rd, Garner, NC, is an adjacent property ownerdirectly across the road from the subject property Mr Williford shared concerns about theimpact on traffic and existing visibility and navigation issues out of concern for safetyMs Tori Gallow, 114 Lisburn Ct, Garner, NC, is a nearby resident in the first phase ofthe subdivision Ms Gallow shared concerns about communication with the Developer andmanagement of amenities, as well as the impact on traffic and existing visibility issuesMr Langdon further clarified traffic concerns after reviewing the revised preliminary siteplanMr Jeffrey Hauser, 54 Lisburn Ct, Garner, NC, is a nearby resident in the first phase ofthe subdivision Mr Hauser shared concerns about Developer practices and the absence ofannual meetings since 2020 Mr Hauser also shared concerns about a lack of amenities,traffic concerns, and infrastructureChairman Letchworth asked about amenities not being provided and stated that amenitiesare sometimes viewed as trade-offs for sewer Chairman Letchworth stated that the densitythe rezoning allows could be traded for higher quality amenities Chairman Letchworthasked for the method of communication to potential buyers about provided amenitiesMr Hauser shared that residents on Kinsale Ct paid a premium for those lots and nowmore development is occurring Mr Hauser also shared that the walking trails around thedevelopment and the sports fields in the open space were not provided Mr Hauser statedthat as a potential buyer he was shown plans that included these amenitiesMs Holmes asked Mr Hauser about the covenant concerning common space andamenitiesMr Hauser stated that the covenant does not specifically list amenities21Mr Gallow spoke about marketing material and stated as a new buyer he received abrochure that highlighted walking trails and pond Mr Gallow stated the developeramended the covenant when they changed the square footage requirement when they soldother phases to a new builderChairman Letchworth advised that the Board is operating under a different set of zoningrules now and have some tools available that werent available in the pastMr Williford requested that the landscape be improved in the proposed developmentMs Holmes asked staff about site plans for previously approved phases and if amenitieswere includedMr Newton explained that previous plans can be researched and provided at a later dateMr Spence stated that this was a zoning hearingMs Slusser advised the Board of the standards to consider for a conditional zoning requestMr Mills showed pictures of the amenitiesChairman Letchworth asked if the current amenities are consistent with the amenitiesshown to the BoardMr Spence stated that concerns can be addressed and put on the recorded platMs Howard asked about ensuring amenities appear on the final platMr Spence recommended requiring a recorded final platMr Newton advised that with conditional zoning any conditions that are negotiated mustbe agreed upon by the owner both verbally and in writing when the conditions are recordedMr Mills stated that he could not address issues with the original Developer Mr Millsstated that what is on the site plan is what is supposed to be built Mr Mills addressedconcerns, including amenities, traffic, and drainageThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of approval and presented a draft statement of consistency forconsiderationMs Byrd asked staff about stormwater concerns and when it would be addressedMr Newton stated that it would be a part of the stormwater permitting process tlu·oughJohnston County Public Utilities22Ms Davis asked about adding the condition that amenities are required in accordance withthe updated preliminary site plan Ms Davis asked the Applicant if they were in agreementwith the added condition to which the Applicant affirmedStaff Recommendation ApprovalUpon a motion by Ms Davis to approve Rezoning Case 22-17 with the conditions of theupdated preliminary site plan dated May 17, 2022 showing the entrance moved andprovided amenities, seconded by Mr Hudson, Rezoning Case 22-17 was recommended forapproval by a unanimous vote of 6-0 at the May 17, 2022 Planning Board MeetingConditions and Requirements[Planning]1 Complete flood plain information2 Amenities and driveways are consistent with updated preliminary plat dated5-17-20223 Metes bounds4 Certifications5 Entrance sign street signs6 Street name approval7 All lots shall access internal streets8 Cul-de-sac lots must have 40 road frontage9 Complete improvements or provide performance guarantee10 Stubout Street extension signage in accordance with LDC Sec 14-226 g11 Maximum density of 15 units per acre12 Provide final plat Street Disclosure Statement Certificate for street maintenanceDM Sec 7, L item 813 TIA RECOMMENDATIONSRecommended Improvements by DeveloperCornwallis Rd• Widen to a three-lane section 2-lane w TWLTL between the proposed SiteAccess 1 and proposed Site Access 2Cornwallis Road and S Shiloh Rd• Stripe the proposed TWLTL to provide an exclusive eastbound Cornwallis Rdleft-turn lane with a minimum of 50 feet of storage with appropriate taper lengthCornwallis Road and Manassas WaySite Access 1• Construct the southbound approach Site Access 1 with one ingress lane and oneegress lane• Provide stop-control for the southbound approach Site Access 1 • Provide for an exclusive eastbound Cornwallis Road left-turn lane with aminimum of 100 feet of storage with appropriate decel and taper23• Provide for an exclusive westbound Cornwallis Rd left-turn lane with aminimum of 50 feet of storage with appropriate decel and taperCornwallis Road and Site Drive #3• Construct the northbound approach Site Access 2 with one ingress lane and oneegress lane• Provide stop control for the northbound approach Site Access 2• Stripe the proposed TWLTL to provide an exclusive westbound CornwallisRoad left-turn lane with a minimum of 50 feet of storage with appropriate taper lengthNCDOT TIA Recommendations ReviewThe following comments are in addition to individual intersection improvementsrecommended by the TIA and are considered necessary for consistency with local Districtand Division policy If an intersection is not listed herein, then the Division concurs withthe TIA recommendationsSR 1525 and Proposed Site Access #1• Cornwallis Roado EB Left-Turn Lane with 100 of storage and appropriate tapero WB Left-Turn Lane with 100 of storage and appropriate taper is required as partof the existing phase of the Annandale Development This will be required before anyadditional lots or phases are approved• Proposed Site Access #1o Two-lane cross-section one ingress, one egress with full accesso 100 Internal Protected StemSR 1525 and Proposed Site Access #2• Cornwallis Roado WB Left-Turn Lane with 100 of storage and appropriate taper• Proposed Site Access #2o Site Drive may need to be relocated to accommodate storage lengthsneeded for back to back left turn lanes00•0Two-lane cross-section one ingress, one egress with full access100 Internal Protected StemSR 1525 and SR 1526Cornwallis RoadEB Left-Turn Lane with 100 of storage and appropriate taperOther Requirements• All driveways for this site on NCDOT ROW must be spaced 600 onsecondary and 1000 on primary routes This is measured along the ROW line betweenthe tangent projection of the inside edges of adjacent driveways apart measuring thedistance between the radiuses of both driveways• Any additional improvements that are constructed by others and not shownon this TIA or review must be maintained, while constructing the improvements requiredby this letter24• If any left turn taper overlaps with any existing or proposed middle turn laneor taper, the entire section will need to be widened to tlu·ee lanes14 Provide reverse frontage lot along Cornwallis Rd15 Fee-in-lieu of open space shall be paid prior to recording16 Show to whom open space is dedicated17 Provide 20 fee simple access to open space18 Provide utility easements along all lot lines in accordance with LDC Sec 14-75d 319 Coordinate with the US Postal Service for the design of and utilization of clusterbox mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[NCDOT]20 A driveway permit and subdivision design approval must be obtained prior toconstruction21 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways[Public Utilities]22 Stormwater Erosion Control Permits Required23 Stormwater Statement Required24 Wetlands should be delineated and shown on the plan if any are present as well asany jurisdictional features25 Property is limited to 15 impervious area without stormwater management26 Sewer service connection in accordance with Johnston County Residential SewerService PolicyCo11ditio11 number 2 was added by tile Plm111i11g Board mu accepted by tile applicantd11ri11g tile PB MeetingRezoning Case 22-18Rezoning Petition Agricultural Residential AR to Agricultural Residential-ConditionalZoning AR-CZTax ID 06F03013A, 06F03024X, 06F03027POwner Phillip Kathleen Wood Capital Properties of RaleighApplicant Shenandoah HomesLocation 1600 Block of Josephine Rd in the Cleveland TownshipConditional Zoning Request Single family residential with sewer access25Mr Marr introduced the case and referenced the information listed aboveMr Bob Spence, 212 S Second St, Smithfield, NC, Attorney with Spence Spencerepresenting the Applicant, stated the particulars of the request and provided an overviewof the proposed developmentMr Andy Mills, 3724 National Dr, Suite 215, Raleigh, NC, Engineer with ShenandoahHomes, addressed the TRC conunents and distributed additional sets of plans for theBoards review Mr Mills stated that they are reducing impervious below 12 anddiscussed the proposed plans for sewer access Mr Mills also spoke about already havingconducted water system analysis and fire flow analysisMs Howard asked Mr Mills about the change in lots and the loss of lot 9Ms Austyn Beci, 3724 National Dr, Suite 215, Raleigh, NC, with Shenandoah Homesconfirmed that a lot was lost to allow for drainageMr Richard Braswell advised that sewer capacity is not currently available and will not beexpanded until 2024Mr Marr stated that sewer capacity and anticipated project completion date are a part ofthe Jolrnston County Public Utilities conditionsMr Mills discussed the anticipated project timeline with regards to a current JohnstonCounty Public Utilities projectMr Kristian Forslin, 57 Portsmouth Island Dr, Garner, NC, Island Creek SubdivisionHOA President, spoke about the pump station and conversations with Jolmston CountyPublic Utilities Mr Forslin spoke in favor of abandoning the pump station and absolvingthe HOA from ownership and liability Mr Forslin also shared concerns for increasedtraffic as a result of the proposed development, as well as vegetation buffers, Phase 6stormwater drainage, and proposed amenitiesChairman Letchworth asked Mr Forslin if he had seen the condition concernmgabandoning the existing pump stationMr Forslin affirmed and wanted to speak in support of the conditionMs Davis asked about what happens to the existing pump station if it is abandonedMr Forslin explained that the HOA owns the existing pump station and property He sharedthat there is a paved easement across the adjoining propertyThere was discussion surrounding possibilities for the existing pump stationMr Mills added that they could work through possibilities with the HOA26Chairman Letchworth stated that the condition could be strengthened with language statingthe existing pump station be dismantled at no cost to the HOAMs Sarah Graham, 39 Berwick Place, Clayton, NC, with Broadmoor Associates, sharedconcerns for property line designations where the proposed development adjoins propertyowned by Broadmoor Homeowners Association IncChairman Letchworth provided Ms Graham with copies of the preliminary site planThere was discussion about the adjoining propertiesThere was no further discussionChairman Letchworth asked for the staff recommendation Mr Marr provided a staffrecommendation of approval and presented a draft statement of consistency forconsiderationStaff Recommendation ApprovalUpon a motion by Ms Davis to approve Rezoning Case 22-18 with the condition thatamenities must be as shown on map updated on 5-17-2022 and condition #21 be updatedto include remove at no cost to Island Creek HOA, seconded by Ms Byrd, RezoningCase 22-18 was recommended for approval by a unanimous vote of 6-0 at the May 17,2022 Planning Board MeetingThe Applicant agreed to both conditionsConditions and Requirements[Planning]1 Complete flood plain information2 Amenities must be as shown on map updated on 5-17-20223 Metes bounds4 Certifications5 Entrance sign street signs6 Street name approval7 All lots shall access internal streets8 Cul-de-sac lots must have 40 road frontage9 Complete improvements or provide performance guarantee10 Stubout Street extension signage in accordance with LDC Sec 14-226 g11 Maximum Density of 15 units per acre12 Provide final plat Street Disclosure Statement Certificate for street maintenanceDM Sec 7, L item 813 TIA RECOMMENDATIONSImprovements by NCDOT STIP W-5704G27STIP W-5704O is expected to convert the intersection of Cornwallis Rd and NorthShiloh RdJosephine Rd to a single-lane roundaboutRecommended Improvements by DeveloperJosephine Road and Site Drive 1Site Drive 2¦ Construct the northbound approach and the southbound approach with one 1ingress lane and one 1 egress laneProvide stop-control for the northbound and southbound approachesProvide an exclusive eastbound left-turn lane with a minimum of 50 feet ofstorage with appropriate deceleration and taper lengthProvide for an exclusive westbound left-turn lane with a minimum of 50 feet ofstorage with appropriate deceleration and taper lengthNCDOT TIA Comments• Any roadway improvements and right-of-way dedication necessary toaccommodate the road construction shall be the responsibility of the ownerdevelopersAll required ROW shall be dedicated as public ROW in the final plat• Lane closures for required improvement construction will only be permitted underrestricted hours due to heavy traffic volume in the vicinity of the proposed developmentThese restrictions will be determined during the driveway permitting application andapproval• These conditions are based on current traffic volumes and projected growth forthe study area If the proposed build out year for this development, as stated in the TIA,varies more than one year an addendum or revised TIA may be required14 Fee-in-lieu of open space shall be paid prior to recording15 Show to whom open space is dedicated16 Provide 20 fee simple access to open space17 Provide utility easements along all lot lines in accordance with LDC Sec 14-75d318 Coordinate with the US Postal Service for the design of and utilization of clusterbox mail receptacle unitsa CBU shall not impede the flow of trafficb CBU shall not obstruct the operation and maintenance of utility servicesc CBU shall meet ADA and Fire Code requirements[NCDOT]19 A driveway permit and subdivision design approval must be obtained prior toconstruction20 All design aspects of the plans shall comply with the current NCDOT StandardSpecifications for Roads and Structures, NCDOT Subdivision Roads MinimumConstruction Standards, and Policy on Street and Driveway Access to North CarolinaHighways[Public Utilities]2821 In order to be eligible for public sewer, the site must be designed so that no newwastewater pump station is required Any upsizing or improvements to the existingreceiving Island Creek WWPS shall be the responsibility of the developer22 The developer shall be responsible to abandon the existing private wastewaterpump station in Island Creek Phase 6 Brunswick Island Court, and remove at no costto Island Creek HOA, and gravity existing flow currently received into that stationthrough the proposed Island Creek Reserve23 Flow from this site is ultimately received at the Countys Landfill WWPS andEqualization Facility The facility is fully allocated with existing and permitted paperflow However, a project is under construction to allow for additional capacity at thesite Project completion is anticipated by mid-202424 If 17,000 SF of impervious area is proposed to be added, a stormwater permit willbe required The site is located within the environmentally sensitive area and is limited to12 impervious area without stormwater management With participation in the landdedication program, the maximum impervious area is 3025 The maximum nitrogen export is 36 lbsacyr and NO buydown is allowed forresidential development Treatment must be used on site to reach the 36 lbsacyrthreshold26 The Dwarf Wedge Mussel habitat layer on GIS is present on this property Pleaseconsult with US Fish Wildlife for any proposed disturbances in this area or near SwiftCreek27 Swift Creek has a 100 UNDISTURBED Buffer that should be clearly shown onthe plan with no disturbances28 If an acre or more of disturbance is proposed, an erosion control permit will berequired29 Wetlands should be delineated and shown on the plan if any are present as well asall jurisdictional features and buffers A buffer call will be required to set the buffer startpoints or determine if the features are subject if they are shown differently from the soilmap or USGS map30 Sewer service connection in accordance with Johnston County Residential sewerservice policy[Emergency Services]31 Provide No Parking Signs on one side of the road32 Provide fire flow report33 Provide hydrant distribution informationCondition 2 was added a,u 22 altered by Pa,ming Board a,u agreed to by applicantat the meetingThere were no discussion itemsThe meeting ended at 1050 pm29Respectfully submitted byJodie Gay, Secretary for the Board30Green TractOwner Cloudbreak Investments, LLCDeveloper Cloudbreak Investments, LLCSurveyor Adams Hodge Engineering, PCTax ID # 05G