February 21, 2023 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , February 21 , 2023 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , February 21 , 2023 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Michelle Davis , Nicole Hackler , Brooke Holmes , Debbie Howard , Freddie Hudson , Will Letchworth , Timothy Little , Matthew Moore Absent Denise Byrd , BOCC Representative , BOE Representative Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led by Ms Hackler Approval of the Minutes Upon a motion by Ms Holmes to approve the January 18th Planning Board Minutes , seconded by Mr Moore , and carried by a unanimous vote of 8 - 0 , the January 18 , 2023 Planning Board Minutes were approved as presented Election of Officers Ms Hackler made a motion to nominate Michelle Davis as Vice - Chair , seconded by Mr Hudson There were no other nominations The vote was carried by a unanimous vote of 8 - 0 Mr Hudson made a motion to nominate Will Letchworth as Chair , seconded by Ms Davis There were no other nominations The vote was carried by a unanimous vote of 8 - 0 Chairman Letchworth stated that Rezoning Case 23 - 07 was withdrawn by the Applicant and would not be heard at tonight's meeting Chairman Letchworth recognized outgoing Board members , Ms Byrd , Ms Hackler , and Mr Moore , for their years of service on the Planning Board and presented each with a framed certificate All speakers were sworn in Subdivisions Moore Meadows January 2023 Owner Golden Leaf , LLC Developer Golden Leaf , LLC 1PageSurveyor On the Level Land Surveying Acreage Lots 257 acres , 3 lots Tax ID # 08I13032L Address 1039 Thompson Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that all lots are required to have 100 feet of separation between driveways per NCDOT Mr Marr shared information from the Johnston County Land Development Code Mr Marr also shared information from the Johnston County Land Design Manual regarding developments creating 4 or more lots Mr Marr stated that this subdivision was heard at the December 20 , 2022 meeting and was denied Mr Marr provided the Board with copies of both the current preliminary plat as well as the previously denied preliminary plat Mr Stephen Walker , 100 Professional Ct , Suite 102 , Garner , NC , Walker Kiger , PLLC , representing the Owner Developer , stated the particulars of the subdivision and was present to answer any questions the Board may have Mr Walker distributed documents to the Board including a copy of the shared driveway application approved by NCDOT Mr Walker stated that the two northernmost lots created from a previous subdivision have been sold and are no longer owned by the Applicant Mr Walker stated that the intention is to build houses on two of the proposed lots with the third lot being used for access to adjacent property Mr Walker stated that the Applicant would be fine with a condition of approval being that there be no housing structure built on the third lot Mr Walker expressed a hardship and stated that it would not be economical or feasible to build a private street for two homes Mr Walker stated that the Surveyor was also present and available to answer any questions Ms Hackler asked Mr Walker about the sale of lots 1 and 2 Mr Walker responded that the property was previously subdivided into five lots and before the Board tonight is the three southernmost lots Mr Walker stated that the two northernmost lots on the preliminary plat were previously approved and those were the two lots that were sold Chairman Letchworth stated that the parent parcel was previously subdivided into three lots to which Mr Walker confirmed Chairman Letchworth stated that the proposed subdivision is now the third lot becoming three lots Chairman Letchworth asked Mr Walker if the hardship was created by the initial subdivision Mr Walker responded that it may have been Mr Walker then requested that the proposed subdivision be approved based on what was in the application and presented at tonight's meeting Ms Hackler asked how close the proposed shared driveway is to the next driveway Mr Walker responded that it was at least 100 feet 2PageMr Don Byrd , 3541 Stephenson Rd , Angier , NC , Owner Developer , stated that the distance between the driveways is at least 100 feet Chairman Letchworth asked Mr Byrd if he knew the exact distance between them because the County Ordinance states 500 feet Mr Byrd responded that was right Mr Walker stated that there have been multiple applications before the Board with less than 500 feet with similar scenarios that have been approved Mr Walker stated that they have shown a hardship and they are requesting approval There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to direct driveway access onto Thompson Rd and lots not being internally served Also less than 500 ' of driveway separation Ms Hackler asked Ms Slusser if the Board was allowed to put a condition on a reserved for future development lot so that no house or home could be built on it Ms Slusser responded that the County Ordinance does not have that as a standard and recommended that it not be done because it is not a standard Ms Slusser stated that the Applicant has offered it as a condition for approval and the Board can Ms Slusser stated that the County Ordinance states that the Board can approve a development with conditions however that is not one that is listed within County Ordinance Ms Slusser stated that the plat as presented to the Planning Department would not look any different than the plat presented to the Board and recommended that the Board not add that as a condition Staff Recommendation Denial Upon a motion by Ms Holmes to approve Moore Meadows January 2023 , seconded by Mr Little , Moore Meadows January 2023 was approved by a vote of 6 - 2 at the February 21 , 2023 Planning Board Meeting , with Mr Letchworth and Ms Hackler dissenting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Complete improvements or provide performance guarantee 6 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 3Page7 Fee - in - lieu of open space shall be paid prior to recording 8 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 9 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 ] 10 Approval of all lots for onsite sewage disposal or statement for each unapproved lot 11 If it is decided to utilize private septic permitting options and or utilize offsites , compliance must be verified by the Johnston County Environmental Health Dept [ NCDOT ] 12 A driveway permit and subdivision design approval must be obtained prior to construction 13 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 14 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 15 All driveways must be 100 feet apart at minimum 16 Driveways for lots 1 & 2 will be shared [ Public Utilities ] 17 Stormwater Permit Required if 17,000 sf or more of impervious area will be added 18 Erosion Control Permit Required if an acre or more cumulatively will be disturbed 19 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 20 The developer shall be responsible to have a licensed utility contractor install water taps services , in accordance with Johnston Countys construction standards at the NCDOT r w for all proposed lots Please contact Public Utilities at 919 209 - 8333 , prior to installation of services and for inspections of tap service installations 21 If the Fire Marshall requires the installation of a fire hydrant , please provide a sketch to Public Utilities of the proposed location The developer shall be responsible to have a licensed utility contractor install any proposed hydrants in accordance with Johnston Countys construction standards Please contact 4PagePage pageNumber5Public Utilities at 919 209 - 8333 , prior to installation of hydrants for approval and inspections [ Emergency Services ] 22 Show closest hydrant on plans Surles Rd Tract Owner Bradley Allen Lee Developer Southside Building Group , Inc Surveyor Fleet Temple Engineering , PLLC Acreage Lots 2622 acres , 19 lots Tax ID # 01F11064 Address 900 Block of Surles Rd Mr Marr introduced the subdivision and referenced the above information Mr Fleet Temple , 5245 Red Hill Church Rd , Coats , NC , Fleet Temple Engineering , PLLC , was present to answer any questions the Board may have Mr Bradley Lee , 1636 Jonesboro Rd , Dunn , NC , Owner , was also present to answer any questions Mr Temple stated the particulars of the subdivision Mr Temple stated the location of the mail kiosk is between lots 18 and 19 , there is a large open space area in the back with an access easement going to it , and there is a graveyard located in the northwest corner Mr Temple stated the Owner is going to try to contact the family and deed the graveyard to the family and that the graveyard would not be included as part of a lot Mr Hudson asked if the graveyard would be excluded from lot 1 to which Mr Temple confirmed Ms Hackler asked about access to the graveyard Mr Temple responded that the graveyard does have a little bit of road frontage and a driveway on Surles Road Mr Temple also stated that they could put a 20 foot access easement down the side of lot 1 Ms Howard asked about a tombstone not inside the graveyard Mr Temple responded that they would need to incorporate the tombstone Ms Holmes asked if the open space would be maintained by the HOA Mr Temple responded that it has not yet been determined if there would be an HOA Mr Temple stated that the open space would be the responsibility of the HOA if there is an HOA or the responsibility of Mr Lee if there is not an HOA 5PagePage pageNumber6Ms Davis asked about the nearby Voluntary Agricultural District Mr Temple responded that the Voluntary Agricultural District was noted on page two of the preliminary plat Ms Hackler asked about the Voluntary Agricultural District to which Ms Davis replied that it looked like crop land Ms Hackler asked if they had made an effort to get in touch with the family of the graveyard Mr Lee responded that they had taken some pictures of the stones and tried to locate the family Mr Lee stated that someone had been keeping up the graveyard Ms Hackler stated that her question was about the responsibility of maintenance for the graveyard Chairman Letchworth stated that the graveyard looks like its own separate parcel Mr Temple responded that Enoch Engineers did the survey of the graveyard and it doesn't appear correctly on GIS Mr Temple responded that they were going to do their best to keep the graveyard in good shape and provide access to the graveyard Mr Hudson asked about the open space being primarily wooded wetlands and unusable land to which Mr Temple confirmed Ms Davis stated that she liked the open space Mr Lee stated that when they do have funerals or people visit the graveyard , people pull off the road Mr Lee stated that there is a driveway to the graveyard , a fence on the front , and a cement wall around it Mr Lee stated that there are one and maybe two graves outside of the wall Mr Lee also stated that someone does keep the grass mowed and the cemetery maintained There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Staff Recommendation Approval Upon a motion by Ms Hackler to approve Surles Rd Tract , seconded by Mr Moore , Surles Rd Tract was approved by a unanimous vote of 8 - 0 at the February 21 , 2023 Planning Board Meeting Conditions and Requirements [ Planning ] 6PagePage pageNumber71 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ' road frontage 9 Complete improvements or provide performance guarantee 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Show to whom open space is dedicated 12 Provide 20 ' fee simple access to open space 13 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 14 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 ] 15 Approval of all lots for onsite sewage disposal or statement for each unapproved lot 16 If it is decided to utilize private septic permitting options and or utilize offsites , compliance must be verified by the Johnston County Environmental Health Dept [ 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 All lots to be served internally 21 10 ' x 70 ' sight triangles required for future NCDOT maintenance [ Public Utilities ] 22 Stormwater & Erosion Control Permits Required 23 Stormwater Statement Required 7PagePage pageNumber824 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 25 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 26 Provide topographic information 27 Provide " No Parking " signage along access road at fire hydrant locations 28 Provide fire access road detail 29 Provide cul - de - sac detail 30 Provide a fire flow test 31 Provide fire hydrant distribution information Rezoning and Conditional Zoning Cases Rezoning Case 23 - 08 Rezoning Petition Map Amendment petition to remove parcel from the Environmentally Sensitive Area ESA Tax ID 06D01008B Owner Triple B # 32 - Mast , LLC Applicant Triple B # 32 - Mast , LLC Location 1547 acres located at 5842 NC Hwy 42 W in the Cleveland Township Mr Marr introduced the case and referenced the information listed above Mr Marr also stated that he provided information from the Land Development Code , Sec 14 - 103 - Environmentally sensitive area district ES Mr Marr stated that in the Board's packet were maps provided by the Applicant to show their reasoning for the request , as well as a letter from Johnston County Public Utilities Director Chandra Farmer Mr Jerry Eatman , 3625 Laurel Hills Rd , Raleigh , NC , Lynch & Eatman , LLP , stated the particulars of the request and was present to answer any questions the Board may have Mr Eatman stated that engineers from Bohler Engineering were also present at tonight's meeting , Will Swaringen and Ryan Gallagher There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 23 - 08 , seconded by Ms Hackler , Rezoning Case 23 - 08 was recommended for approval by a unanimous vote of 8 - 0 at the February 21 , 2023 Planning Board Meeting Discussion Items Mr Newton stated that there were four written decisions for the Board's review and there would need to be a motion for each one 8PagePage pageNumber9Ms Hackler asked Ms Slusser about written decisions and to remind the public that these written decisions are based on recorded testimony and the recorded session from last month's meeting Ms Slusser confirmed Fish Hawk Ranch Phase 3 Owner Cheyenne Developers , LLC Developer Jimmy Johnson Surveyor Michael Stewart Acreage Lots 2334 acres , 9 lots Tax ID # 13A01037WC Address Old Stage Rd Pete Fish Rd The Board reviewed the written decision Upon a motion by Ms Hackler to approve the written decision for Fish Hawk Ranch Phase 3 , seconded by Ms Holmes , and carried by a unanimous vote of 8 - 0 , the written decision for Fish Hawk Ranch Phase 3 was approved as presented at the February 21 , 2023 Planning Board Meeting Herring Rd Tracts January 2023 Owner Rick Brady Developer Rick Brady Surveyor True Line Surveying Acreage Lots 15605 acres , 12 lots Tax ID # 04010013C & 04010012X Address 200 Block of Herring Rd The Board reviewed the written decision Upon a motion by Ms Howard to approve the written decision for Herring Rd Tracts January 2023 , seconded by Mr Hudson , and carried by a unanimous vote of 8 - 0 , the written decision for Herring Rd Tracts January 2023 was approved as presented at the February 21 , 2023 Planning Board Meeting Neuse Ridge Owner Andrew James Stevens Developer Clay Pigeon LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 1804 acres , 25 lots Tax ID # 17K06023N Address 300 Block of Cascade Knoll Dr The Board reviewed the written decision and discussed 9Page0Upon a motion by Mr Hudson to approve the written decision for Neuse Ridge , seconded by Ms Hackler , and carried by a unanimous vote of 8 - 0 , the written decision for Neuse Ridge was approved as presented at the February 21 , 2023 Planning Board Meeting Langdon Pond Owner Gail C Massengill & Robert J Cooke Developer Shelby Lusk - Gray Wolf Homes , LLC Surveyor Matt Lowder , PE - Bowman North Carolina Ltd Acreage Lots 3157 acres , 25 lots Tax ID # 07G07037A Address 2400 Block of Lassiter Rd The Board reviewed the written decision Upon a motion by Ms Holmes to approve the written decision for Langdon Pond , seconded by Ms Hackler , and carried by a unanimous vote of 8 - 0 , the written decision for Langdon Pond was approved as presented at the February 21 , 2023 Planning Board Meeting Mr Newton recognized outgoing Board members and expressed thanks and appreciation Mr Newton stated that the Board and staff would be gathering at the conclusion of tonight's meeting for a time of fellowship and to say thanks to the outgoing Board members Mr Newton also recognized the three incoming Board members , Jay Sasser , Jared Crenshaw , and Gary Lovering The meeting ended at 6 34 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 10Page