September 19, 2023 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THEJOHNSTONCOUNTYPLANNING BOARD Tuesday , September 19 , 2023 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , September 19 , 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 , Debbie Howard , Freddie Hudson , Timothy Little , Jay Sasser Absent Brooke Holmes , Will Letchworth , Gary Lovering , Todd Marr Planner , BOCC Representative , BOE Representative Also present Braston Newton , Director ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Vice - Chair Davis opened the meeting at 6 00 pm with the Pledge of Allegiance led by Mr Little Approval of the Minutes The August 15 , 2023 Planning Board Minutes were approved as presented by a unanimous vote of 6 - 0 Vice - Chair Davis stated that Rezoning Case 23 - 19 was withdrawn by the Applicant All speakers were sworn in Subdivisions Paradise Homes Owner Jr's Welding & Machine Shop , Inc Developer Kevin Hinton Surveyor Ted Hopkins Acreage Lots 2262 acres , 1 lot Tax ID # 11O03083B Address 2760 Junior Rd Mr Newton introduced the subdivision and referenced the above information Mr Newton shared information from the Johnston County Land Design Manual regarding developments creating 4 or more lots Ms Howard asked if they would need an easement to access the proposed lot to which Mr Newton confirmed MsHoward asked about the road frontage of the subject property 1PageMr Newton referenced GIS MapClick to show access to the proposed lot in relation to the subject property's road frontage and explained why an easement would be required MsHoward asked about the size of the proposed lot Mr Hudson responded 068 acres Mr Newton responded that there is a 30,000 square foot minimum Mr Newton pointed out the existing lots , the proposed lot , and access to those lots using GIS MapClick Mr Crenshaw asked if the plan was to extend the existing easement Mr Newton responded yes , that was the understanding Vice - Chair Davis stated the shaded part on the preliminary plat was the proposed new easement Mr Ted Hopkins , Surveyor , stated he was the surveyor and was present to answer any questions from the Board There wasno further discussion Vice - Chair Davis asked for the staff recommendation Mr Newton stated the staff recommended denial due to not meeting county requirements of meeting the dedicated right - of - way standards Staff Recommendation Denial Upon a motion by Mr Crenshaw to approve Paradise Homes , seconded by Mr Little , Paradise Homes was approved by a vote of 5 - 1 at the September 19 , 2023 Planning Board Meeting , with Mr Hudson 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 Entrance sign & street signs 6 Street name approval 7 All lots shall access existing easement 8 Complete improvements or provide performance guarantee 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 2Page11 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 [ 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 will be disturbed 19 Wetlands should be delineated and shownon the plan if any are present as well as any jurisdictional features and buffers 20 Property is limited to 15 impervious area without stormwater management 21 The county does not have water along this road to provide fire service We cannot provide water without proper easements or right - of - way [ Emergency Services ] 22 Provide fire access road detail 23 Provide " No Parking " signage along access road at fire hydrant locations 24 Provide turnaround 25 Provide a fire flow test 26 Provide fire hydrant distribution system information 27 Provide topographic information Big Pine Rd Tract Owner John R Green Developer Cloudbreak Investments , LLC Surveyor Adams & Hodge Engineering , LLC 3PageAcreage Lots 1472 acres , 11 lots Tax ID # 05G04049F Address 100 Block of Big Pine Rd Mr Newton introduced the subdivision and referenced the above information Mr Newton stated that the subject property is within the Environmentally Sensitive District Mr Newton stated that a reverse frontage buffer would be required for lots 10 and 11 Mr Newton shared information from the Johnston County Land Design Manual regarding developments creating 4 or more lots Mr Donnie Adams , 314 E Main St , Clayton , NC , Adams & Hodge Engineering , PC , stated the particulars of the subdivision and was present to answer any questions from the Board Mr Adams stated that there is an identified Voluntary Agricultural District adjacent to the subject property on the preliminary plat Mr Adams stated the proposed subdivision is road front lots with proposed shared driveway easements with CBUs on each easement Mr Adams discussed the design thought process showing a cul - de - sac design in comparison to the proposed design which avoids impacts on the wetland and riparian buffer Mr Adams discussed the proposed subdivision with lots 10 and 11 being double frontage lots Mr Adams stated the proposed subdivision design provided better quality lots , reduced the environmental impact on wetlands and buffers , and decreased density Mr Little asked Mr Adams about the maintenance responsibilities of the easement Mr Adams responded that the homeowners would be responsible for maintaining the shared easement Mr Nathan Evans , Clayton , NC , Developer , Cloudbreak Investments , LLC , was also present to answer any questions from the Board Mr Evans discussed the proposed subdivision design Mr Little expressed concern over the shared easement and the maintenance responsibility on the homeowners Mr Little expressed concern over the condition of the easement in future years and the possibility of fire and EMS needing to access a home off the easement Mr Evans responded that an HOA is planned with dues that could be used to build up a reserve fund to handle road maintenance Mr Crenshaw asked about the preliminary site plan and plat not showing a road in front of lots 4 and 5 Mr Adams responded that the shared access would get access from each side onto Big Pine Rd Mr Little asked if it would be like a private driveway to which Mr Adams confirmed There wasno further discussion 4PagePage pageNumber5Vice - Chair Davis asked for the staff recommendation Mr Newton stated the staff recommended denial due to not meeting county requirements of meeting the dedicated right - of - way standards Mr Hudson expressed appreciation for the information shared by Mr Adams and Mr Evans Staff Recommendation Denial Upon a motion by Mr Hudson to approve Big Pine Rd Tract , seconded by Mr Sasser , Big Pine Rd Tract was approved by a unanimous vote of 6 - 0 at the September 19 , 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 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Complete improvements or provide performance guarantee 9 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 10 Provide reverse frontage lot buffer along Barber Mill Road 11 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 12 Fee - in - lieu of open space shall be paid prior to recording 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 [ NCDOT ] 5PagePage pageNumber616 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 All lots to be serviced internally , no additional driveways will be permitted [ Public Utilities ] 20 Stormwater & Erosion Control Permits Required 21 Stormwater Statement Required 22 Waterline extension to provide fire flow will be required 23 Wetlands should be delineated and shownon the plan if any are present as well as any jurisdictional features and buffers A buffer call will be required to determine if the features that start on the property are subject to buffers and if so , to set a start point 24 Property is located within the ESA and limited to 12 impervious area without stormwater management [ Emergency Services ] 25 Provide construction details for access road Road in excess of 150 ft require turnaround 26 Provide " No Parking " signage along access road at fire hydrant locations 27 Access roads must be minimum unobstructed 20 ft in width 28 Need emergency vehicle access road within 150 ft of any structure 29 Provide cul - de - sac detail … will need turnaround 30 Provide a fire flow test 31 Provide fire hydrant distribution plan layout Laurer Tract 2023 Owner MaggieWay , LLC Developer MaggieWay , LLC Surveyor Adams & Hodge Engineering , PC Acreage Lots 5721 acres , 40 lots Tax ID # 16J02015 , 16J01011L , 16J01010B , 16J01010A Address 776MaggieWay Mr Newton introduced the subdivision and referenced the above information Mr Newton stated that lot 38 must be served by existing driveway and all other lots must be served internally Mr Newton stated that this track came before the Planning Board in 2021 and the portion in red on the map included in the Board's packet noted the 2021 approval 6PagePage pageNumber7Ms Howard asked for clarification that the 2023 proposed subdivision included more land and more lots Mr Newton responded that the proposed subdivision included a couple more lots and that the proposed subdivision was removing a portion from the 2021 proposed subdivision Mr Little asked Mr Newton if he was referring to the 223 acres Mr Newton pointed out the removed portion on the preliminary site plan and plat Ms Howard asked for clarification that the removed portion was not under consideration in the proposed subdivision Mr Newton confirmed and stated that it would be a condition of the approval to limit that removed parcel to a single permitted driveway Ms Emily Beddingfield , 334 East Main St , Clayton , NC , Lipscomb Development , LLC , stated the particulars of the subdivision and was present to answer any questions from the Board Ms Beddingfield stated that the proposed subdivision included two additional lots Ms Beddingfield stated that Mr James Lipscomb and the engineer were also present There wasno further discussion Vice - Chair Davis asked for the staff recommendation Mr Newton stated the staff recommended approval with the stated conditions and requirements in the staff report Staff Recommendation Approval Upon a motion by Ms Howard to approve Laurer Tract 2023 , seconded by Mr Little , Laurer Tract 2023 was approved by a unanimous vote of 6 - 0 at the September 19 , 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 with the exception of lot 38 which must use existing driveway 8 Cul - de - sac lots must have 40 ' road frontage 9 Complete improvements or provide performance guarantee 7PagePage pageNumber810 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 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 ] 14 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 15 A driveway permit and subdivision design approval must be obtained prior to construction 16 All design aspects of the plans shall comply with the 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 17 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 18 Require encroachment permit for any proposed utilities within NCDOT ROW [ Public Utilities ] 19 Revised Stormwater & Erosion Control Permits Required 20 Revised Stormwater Statement Required 21 Wetlands should be delineated and shownon 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 23 A plan revision will need to be submitted along with appropriate additional review fees [ Emergency Services ] 24 Provide fire access road detail 25 Provide " No Parking " signage along access road at fire hydrant locations 26 Provide topographic information 27 Provide a fire flow test 28 Provide fire hydrant distribution system information Rezoningand Conditional Zoning Cases 8PagePage pageNumber9RezoningCase 21 - 03 MOD Rezoning Petition Modify the approved Industrial 1 - Special Use District I1 - SUD to allow for additional uses Tax ID 07E07199K Owner Clyde & Carter Hunt Applicant Hunt & Company , Inc , d b a ChemStation of NC Location 6275NC Hwy50 in Elevation Township Special Use Request Add rental space for TW Electric Co office space as an approved use Mr Newton introduced the case and referenced the information listed above Mr Newton stated this was a modification to an existing special use Mr Newton reminded the Board that this is not a public hearing but a public forum for public input Mr Carter Hunt , 3710 Exchange Glenwood Place , Raleigh , NC , Corporate Vice - President of Hunt & Company , Inc , d b a ChemStation of NC , stated the particulars of the request and was present to answer any questions from the Board Mr Hunt provided some handouts to the Board Mr Hunt discussed the site layout , including parking There wasno further discussion Vice - Chair Davis closed the public forum for Rezoning Case 21 - 03 MOD Rezoning Case 21 - 03 MOD will be heard by the Board of County Commissioners at their November 6 , 2023 meeting Special Use Conditions 1 Permitted Uses To allow for Industrial supplies equipment , sales service including the blending of water based cleaning solutions for containerless delivery to customers as well as office space for TW Electric Co 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install Class C landscaping buffer Existing natural vegetation may be used if equal or more intense 6 Hours of operation will be Monday through Saturday from 7am until 9pm RezoningCase 23 - 19 Rezoning Petition Agricultural Residential AR to Industrial 1 - Conditional Zoning I1 - CZ Tax ID 16K02034H Owner Miguel Angel Tinoco - Orozco & Gladis Marlen Rios Rojas 9Page0Applicant Miguel Angel Tinoco - Orozco & Gladis Marlen Rios Rojas Location 102 acres located at 407 David Rd in the Wilders Township Conditional Zoning Request FoodTruck upfit , sales , leasing and repair Rezoning Case 23 - 19 was withdrawn by the Applicant Discussion Items Vice - Chair Davis stated that there was one written decision for the Board's review Old FairgroundRd LambertTract Owner Jerry J Lambert Revocable Trust , Jerry J Lambert , LLC , Mary Catherine L Ingle Trustee Developer Eastwood Homes Surveyor Site Advice , Inc Acreage Lots 9513 acres , 43 lots Tax ID # 13D04037G , 13M99005H , 13D04037B , 13D04037 , 13D04037A , 13M99005G Address 3792Old Fairground Rd The Board reviewed the written decision Upon a motion by Ms Howard to approve the written decision for Old Fairground Rd Lambert Tract , seconded by Mr Hudson , and carried by a unanimous vote of 6 - 0 , the written decision for Old Fairground Rd Lambert Tract was approved as presented at the September 19 , 2023 Planning Board Meeting The meeting ended at 6 40 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 10Page