April 18, 2023 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , April 18 , 2023 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , April 18 , 2023 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Jared Crenshaw , Michelle Davis , Brooke Holmes , Will Letchworth , Timothy Little , Gary Lovering , Jay Sasser Absent Debbie Howard , Freddie Hudson , 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 Mr Lovering Approval of the Minutes Upon a motion by Mr Little to approve the March 21st Planning Board Minutes , seconded by Ms Holmes , and carried by a unanimous vote of 7 - 0 , the March 21 , 2023 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Waverly Pond Owner MHB Development , LLC Developer MHB Development , LLC Surveyor Bass , Nixon and Kennedy , Inc Acreage Lots 1212 acres , 4 lots Tax ID # 16K03009Q Address 61 Waverly Pond Ln Mr Marr introduced the subdivision and referenced the above information Mr Marr shared information from the Johnston County Land Design Manual regarding developments creating 4 or more lots Mr Michael Morrison , MHB Development , LLC , stated the particulars of the subdivision and was present to answer any questions the Board may have Mr Morrison stated that the proposed lots are additional lots within an existing internal subdivision and the access easement is an improved private street but not a NCDOT right - of - way Mr Morrison stated the original subdivision are the lots to the north of the subject property Mr Morrison stated that all of the lots are maintained by recorded declaration with the road maintenance agreement so that all property owners will maintain the private street Mr Morrison stated that he had spoken with NCDOT and a new traffic count was done a 1Pagemonth ago and there are 2,000 trips a day Mr Morrison stated that it meets all of NCDOT driveway permit requirements of his existing driveway permit Mr Morrison stated that there is already a mailbox CBU and street signs Mr Morrison stated that all lots will front Waverly Pond Lane Ms Davis asked if each lot would have its own driveway Mr Morrison responded yes , each lot would face Waverly Pond Lane and have its own driveway Mr Whit Davis , adjacent property owner , expressed concerns for the proposed subdivision Mr Davis stated that he owns what is designated on the preliminary plat as an existing gravel drive and that four other families have easements to use the gravel drive Mr Davis is concerned that future lot owners may think the preliminary plat , if approved , may imply that they have access to use the existing gravel drive and Mr Davis does not want that to be the case Mr Davis requested that the plat reflect that it is private property and a private driveway Mr Davis also expressed concern for the name of the proposed subdivision as Waverly Pond Mr Davis stated that there are four owners of the pond and it has no name and the current owners do not want it to have a name Mr Davis stated that he does not want the public to think the name of the pond is Waverly Pond due to the name of the proposed subdivision Mr Sasser asked Mr Davis if the private street is currently named Waverly Pond Lane Mr Davis responded that Waverly Pond Lane is the name of the street that Mr Morrison put in Mr Davis clarified that he was referring to the existing gravel drive noted on the preliminary plat Mr Davis identified his property on MapClick Mr Davis stated that he was concerned that anyone who bought property in the proposed subdivision would think they had access to the pond Mr Sasser asked Mr Davis if the road that Mr Morrison put in is currently named Waverly Pond Lane Mr Davis and others in the audience confirmed Mr Davis stated that he wasn’t concerned over the road name , but concerned for the name of the proposed subdivision Chairman Letchworth asked Mr Davis if the gravel driveway is completely within his parcel and if the subject property abuts Mr Davis ’ property or the gravel driveway Chairman Letchworth asked that the gravel driveway is not an easement but an actual deeded part of Mr Davis ’ parcel Mr Davis pointed out his existing driveway on the preliminary plat Ms Davis asked if Mr Davis ’ concern was that owners would think they could use both the access on the front and back of their property Mr Davis confirmed 2PageMs Davis then asked about the owners of the pond Mr Davis responded that there are four different owners of the pond Mr Davis identified the various owners on MapClick Mr Davis stated that according to MapClick , he may own the largest portion of the pond Mr Davis stated that he is not anti - development but that he just wants to make sure things are done properly Mr Morrison addressed Mr Davis ’ concerns Mr Morrison stated that Waverly Pond Lane is already an existing street with addresses Mr Morrison also stated that naming the proposed subdivision Waverly Pond was never intended to name the pond in the back Mr Morrison stated that Waverly Pond is the small pond on lot 3 of the previous subdivision north of the proposed subdivision Mr Morrison also stated that Waverly Pond Lane does not go all the way to the pond Mr Morrison stated that the subject property does not have any access to the gravel driveway at the back of the subject property and that is why he did everything to the north Mr Morrison stated that the recorded declarations for the proposed lots state that their only access is Waverly Pond Lane Mr Morrison stated that the only lots that would have access to the big pond are the people that own lots on that pond , one in the previous subdivision and one in the proposed subdivision Mr Morrison stated that the whole subdivision doesn’t have access to the pond and the recorded declarations state that Mr Little asked about the access to the lot left of the little pond in the previous subdivision Mr Morrison responded that the access is the gravel driveway to the north of the previous subdivision and that the neighbor deeded the owner access Mr Morrison stated that it is shared from Applewhite Road with an easement across the back of a lot in the previous subdivision There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to numerous lots being served by easement Staff Recommendation Denial Upon a motion by Mr Little to approve Waverly Pond due to the paved drive serving the proposed lots and due to the agreement in place , seconded by Ms Holmes , Waverly Pond was approved by a unanimous vote of 7 - 0 at the April 18 , 2023 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 40,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 3Page5 Entrance sign & street signs 6 All lots shall access internal streets 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 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 10 Fee - in - lieu of open space shall be paid prior to recording 11 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 12 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 13 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must be obtained prior to construction 15 All design aspects of the plans shall comply with the 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 16 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 17 Planned access for these lots is required , please send to NCDOT for review [ Public Utilities ] 18 Stormwater permit will be required if 17,000 SF or more of impervious area will be added cumulatively 19 Erosion Control Permits Required if an acre or more is disturbed cumulatively 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 located within the ESA and limited to 12 impervious area without stormwater management [ Emergency Services ] 23 Provide construction details for access road 4PagePage pageNumber524 Provide “ No Parking ” signage along access road at fire hydrant locations 25 Provide topographic information 26 Provide a fire flow test 27 Provide fire hydrant distribution system information Dunn Tract Owner Lolita Dunn Developer Steel Bridge Crossing , LLC Surveyor Dalton Engineering & Associates , PA Acreage Lots 276 acres , 17 lots Tax ID # 01G11057 Address 1400 Block of Allen’s Crossroads Rd Mr Marr introduced the subdivision and referenced the above information Mr Jonathan Barnes , 446 E Main St , Clayton , NC , Dalton Engineering & Associates , stated the particulars of the subdivision and was present to answer any questions the Board may have Mr Barnes stated that the proposed street in the proposed subdivision is to be designed to NCDOT criteria and ultimately petitioned to NCDOT for future maintenance Ms Davis asked about the pond on the subject property Mr Barnes responded that the pond is proposed to remain Ms Holmes asked if the pond would be shared between the two lots or if the pond would be a neighborhood amenity Mr Barnes responded that the pond would not be a proposed neighborhood amenity Chairman Letchworth asked if there was a reason for splitting the pond among two lots Mr Barnes responded that the lot lines are that way due to septic soils and that is also the reason for the lots on the back of the cul - de - sac being larger There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Ms Davis commented on school capacity in the area of this proposed subdivision and the proposed subdivision previously heard Chairman Letchworth stated a preference for having the pond on one lot Ms Holmes agreed and asked if the lot line could be redrawn so that the pond is on one lot and requested that it be added as a condition 5PagePage pageNumber6Ms Davis also commented on the pond Staff Recommendation Approval Upon a motion by Ms Holmes to approve Dunn Tract with an added condition that the pond be located on only one lot , seconded by Ms Davis , Dunn Tract was approved by a unanimous vote of 7 - 0 at the April 18 , 2023 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Fee - in - lieu of open space shall be paid prior to recording 12 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Existing Pond will be located on only one lot 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 [ 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 6PagePage pageNumber7[ 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 15 impervious area without stormwater management [ Emergency Services ] 23 Provide construction details for access road 24 Provide “ No Parking ” signage along access road at fire hydrant locations 25 Provide topographic information 26 Provide a fire flow test 27 Provide fire hydrant distribution system information # 13 added by Planning Board during meeting Rezoning and Conditional Zoning Cases Rezoning Case 19 - 14 MOD Rezoning Petition Modify current zoning Agricultural Residential Special Use District AR - SUD Tax ID 05E01013S Owner Ford Meadows , LLC Applicant Eastwood Holding Fund , LLC Location 4255 NC Hwy 42 W in the Cleveland Township Modification request To alter existing SUP by changing the amenities on the site plan , reduce setbacks for 11 lots , and reduce overall lot count by 1 Mr Marr introduced the case and referenced the information listed above Mr Marr stated this was a modification to a Mixed Use Development approved by the Board of County Commissioners in September 2019 Mr Marr stated the existing land use is zoned AR - SUD and is a Mixed Use Planned Development Mr Marr stated that conditions 23 , 24 , and 25 are the modification requests Chairman Letchworth asked about the original conditions as it relates to the amenities Mr Newton responded that the only amenity was a clubhouse and Mr Marr responded that the clubhouse was shown on the plan Chairman Letchworth stated that the amenity was on the plan and not in the conditions to which Mr Marr confirmed 7PagePage pageNumber8Mr Jonathan Barnes , 446 E Main St , Clayton , NC , Dalton Engineering & Associates , stated the particulars of the request and was present to answer any questions the Board may have Mr Crenshaw asked about the setbacks for the rest of the lots Mr Newton responded Chairman Letchworth asked Mr Barnes what amenities had been built in the subdivision and what has been promoted to the people that have been in the subdivision to date Chairman Letchworth explained his reason for asking Mr Barnes introduced Mr Jim Cox with Eastwood Homes Mr Cox stated that they have held off on marketing amenities , they have one sell , and that there are no homeowners living in the community right now Mr Cox stated they wanted to try something different that would be more usable for the homeowners Chairman Letchworth asked if anyone was under contract to build Mr Cox responded no Mr Cox stated that they wanted to see if they could change the amenities before doing anything else Ms Holmes asked if the covenants and restrictions that were provided to the one homeowner show that there would be a pool as an amenity Mr Cox responded that it does not and that they changed everything Chairman Letchworth stated that they have been fair in just showing the site plan on their website and not showing specific amenities and that it was appreciated Mr Newton suggested that the Board could require a condition be added to the special use permit with regard to this modification since there is only one current owner Mr Newton suggested a condition to require a plat of correction signed by the one owner and recorded There was no further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval of the modification due to it being a slight change to the amenities and presented a draft statement of consistency and conditions for consideration There was some discussion among the Board Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 19 - 14 MOD with the addition of language for condition # 23 to add a corrective plat to reflect revised amenities to current and prospective owners , seconded by Mr Sasser , Rezoning Case 19 - 14 MOD was 8PagePage pageNumber9recommended for approval by a unanimous vote of 7 - 0 at the April 18 , 2023 Planning Board Meeting Special Use Conditions 1 Permitted Uses Mixed Use - Planned Unit Development 2 The Special Use Permit may be revoked with the violation of any Special Use Condition 3 This development shall meet the requirements of LDC CH 14 Art 3 Div 5 and DM Sec 7 H 4 Provide Complete floodplain information 5 Provide Metes & bounds 6 Provide certifications in accordance with DM Sec 7 L 7 Provide entrance sign & street signs 8 Street name approval required 9 All lots shall access internal streets 10 Cul - de - sac lots shall have 20 ’ minimum road frontage 11 Complete improvements or provide performance guarantee 12 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 L item 8 13 Provide perimeter buffer in accordance with LDC Sec 14 - 257 k 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 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 19 Soil Erosion & Sedimentation Control Plan required 20 Stormwater Compliance 21 Approval of water and sewer system 22 Right - of - way dedications or reservations will be determined during the driveway permitting process 23 Clubhouse on original site plan amenities be replaced with fenced area containing pickleball courts , dog park , picnic areas , and playground equipment Plat correction shall be required to make modifications to amenities known to current and prospective buyers 24 Reduce streetside building setbacks for 11 lots 25,40,41,56,57,72,73,88,89,102 & 123 be reduced to 15 ’ 25 Reduce overall lots from 124 to 123 9Page0 Conditions in bold were added after the most recent TRC review Discussion Items Mr Marr stated that there were two written decisions for the Board’s review Bennett Cherrie Farm Place Owner Bennett Cherrie Farm Place Developer Bennett Cherrie Farm Place Surveyor Merle Hall , PLS Acreage Lots 491 acres , 6 lots Tax ID # 04Q07028J Address 7300 Block of Hickory Crossroads Rd The Board reviewed the written decision Upon a motion by Mr Little to approve the written decision for Bennett Cherrie Farm Place , seconded by Mr Crenshaw , and carried by a unanimous vote of 7 - 0 , the written decision for Bennett Cherrie Farm Place was approved as presented at the April 18 , 2023 Planning Board Meeting Investments Inc Owner Investments Inc Developer Investments Inc Surveyor Alsey J Gilbert , PLS Acreage Lots 463 acres , 3 lots Tax ID # 14M08054C Address 3583 Brown’s Pond Rd The Board reviewed the written decision Upon a motion by Ms Holmes to approve the written decision for Investments Inc , seconded by Mr Little , and carried by a unanimous vote of 7 - 0 , the written decision for Investments Inc was approved as presented at the April 18 , 2023 Planning Board Meeting The meeting ended at 6 37 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 10Page