October 17, 2023 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THEJOHNSTONCOUNTYPLANNING BOARD Tuesday , October 17 , 2023 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , October 17 , 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 , Freddie Hudson , Will Letchworth , Timothy Little , Gary Lovering , Jay Sasser , Tony Braswell BOCC Representative Absent Debbie Howard , BOE Representative Also present Braston Newton , Director ; Todd Marr , Senior Planner ; Cameron Pittman , Planner ; Jennifer Slusser , County Attorney Chairman Letchworth opened the meeting at 6 00 pm with the Pledge of Allegiance led byMr Little Approval of the Minutes Upon a motion by Mr Hudson to approve the September 19th Planning Board Minutes , seconded by Mr Little , and carried by a unanimous vote of 8 - 0 , the September 19 , 2023 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions ROBMIR Inc Subdivision Owner ROBMIR , Inc Developer ROBMIR , Inc Surveyor Alsey J Gilbert , PLS Acreage Lots 424 acres , 4 lots Tax ID # 04D99011C Address 77Old Daughtry Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr shared information regarding direct driveway access on Old Daughtry Rd and from the Johnston County Land Design Manual regarding developments creating 4 or more lots Chairman Letchworth asked Mr Marr for the history of the subject property and asked if previous subdivisions led to this major subdivision request Mr Newton responded that the Developer is requesting a subdivision of the subject property into four lots which is a major subdivision 1PageChairman Letchworth stated that it was not a minor subdivision that turned into a major subdivision Staff confirmed Mr Alsey Gilbert , 442 - 1 2 E Main St , Clayton , NC , Surveyor , stated the particulars of the subdivision and was present to answer any questions from the Board Chairman Letchworth asked Mr Gilbert if the access to the proposed four lots would be one driveway off the access easement Mr Gilbert confirmed and stated the subject property is at the end of a paved road There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Marr stated the staff recommended denial due to not having a dedicated right - of - way meeting County standards and also having less than 500 feet of driveway separation onOld Daughtry Rd Staff Recommendation Denial Upon a motion by Ms Holmes to approve ROBMIR Inc Subdivision due to existing driveways having less than 500 feet of driveway separation , seconded by Mr Sasser , ROBMIR Inc Subdivision was approved by a unanimous vote of 8 - 0 at the October 17 , 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 Complete improvements or provide performance guarantee 6 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 7 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 8 Fee - in - lieu of open space shall be paid prior to recording 9 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 10 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 ] 2Page11 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ 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 [ Public Utilities ] 15 Stormwater Permit required if 17,000 sf or more of impervious area will be added cumulatively 16 Erosion Control Permit required if an acre or more will be disturbed cumulatively 17 Wetlands should be delineated and shownon the plan if any are present as well as any jurisdictional features and buffers 18 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 19 Need 2 foot road with 75,000 pound engineer specifications 20 Dead end cannot be longer than 150 feet 21 Provide turn around details 22 Provide a fire flow report Graham PondRd Tract Owner Steel Bridge Crossing , LLC Developer Steel Bridge Crossing , LLC Surveyor Dalton Engineering & Associates , PA Acreage Lots 213 acres , 17 lots Tax ID # 13D04074 & 13D04074B Address 600GrahamPond Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that all lots shall be served internally Mr Curk Lane , 205 W Main St , Clayton , NC , True Line Surveying , was present to answer any questions from the Board Ms Davis asked Mr Lane about the portion of the subject property across the road Mr Lane responded that it was going to be one large parcel and sold as one piece 3PageMr Hudson asked about the intention with the off site septic areas for lots 14 - 17 Mr Lane responded that the design was preliminarily done by a private soil scientist Matt Burdette Mr Lane stated that it would need to be approved by Johnston County Environmental Health Mr Hudson asked about a permanent public access easement and where it led to Mr Lane responded that there is an adjacent parcel that is included in the owner’s tax bill but when surveyed and the title search completed , a title to that piece of property was not found Mr Lane stated that it is clearly not part of their deed and cannot find where it is a subsequent parcel and cannot find ownership Mr Lane stated that they left access to the adjacent property off the cul - de - sac so it would not be landlocked Ms Davis asked about the acreage size of the adjacent property Mr Lane responded about four acres Mr Lane stated that he was not a title attorney but he does search titles for a living Mr Lane stated that the title attorney that reviewed it for the buyers could not find it Mr Lane stated the people who acquired the adjacent property kept it for many decades and then sold it , their deed did not claim it but they have always paid the taxes on it Mr Lane stated that they thought they owned it but they do not There wasno 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 Mr Little to approve Graham Pond Rd Tract , seconded by Ms Holmes , Graham Pond Rd Tract was approved by a unanimous vote of 8 - 0 at the October 17 , 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 4PagePage pageNumber510 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 [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 19 Stormwater Statement Required 20 Wetlands should be delineated and shownon the plan if any are present as well as any jurisdictional features and buffers 21 Property is limited to 15 impervious area without stormwater management 22 Water extension application package and construction plan approval are required 23 There is only a 4 ’ waterline onGrahamPond Rd The water system will have to be designed and developed with hydrant stubs inside the subdivision and the developer will be required to pay into the fire hydrant escrow fund for each hydrant If hydrants are desired by the developer , we will require offsite waterline to be connected to Zack’s Mill Rd and or NCHWY 50 N [ 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 5PagePage pageNumber628 Provide fire hydrant distribution system information 29 Provide cul - de - sac detail Rezoningand Conditional Zoning Cases RezoningCase 23 - 20 Rezoning Petition Agricultural Residential AR to General Business - Conditional Zoning GB - CZ Tax ID 11M01022A Owner Emma Doris Mitchell Applicant Raymond Mitchell Location 83 acres located at 14979NC Highway39 in the O’Neals Township Conditional Zoning Request Business office and Barber Beauty salon Mr Marr introduced the case and referenced the information listed above Mr Marr stated surrounding land uses and zonings Mr Marr stated that if approved , NCDOT would require one of the existing driveways to be removed and must obtain a driveway permit Ms Vanessa Barnes , 14979 NC HWY 39 , Zebulon , NC , representing the Applicant , stated the particulars of the request and was present to answer any questions from the Board Mr Raymond Mitchell was also present to answer any questions Ms Barnes stated that they want to keep the existing building on the subject property to provide the said service in the area Chairman Letchworth asked if they had reviewed the conditions included at the end of the staff report and if they agreed with those conditions Ms Holmes asked about the hours of operation and if that would be enough time if they have a barber shop or beauty salon or did the hours of operation need to be later Ms Holmes stated that if there were any changes wanted in the conditions , the Applicant needed to ask for them at this time Mr Mitchell requested that the hours of operation be extended to 8 pm Ms Barnes stated that there is already lighting on the property Mr Sasser asked Mr Mitchell and Ms Barnes about the one driveway requirement Mr Mitchell and Ms Barnes stated that it was an existing circular driveway and asked if they would need to close one end The Board confirmed and Chairman Letchworth stated that it was in the conditions as well as a requirement of NCDOT 6PagePage pageNumber7Mr Little recommended that the Applicant speak with NCDOT since it is a circle driveway and ask about the one driveway as an entrance and one driveway as an exit with appropriate signage Chairman Letchworth asked Mr Little if he recommended removing that condition from the list of proposed conditions Mr Little stated he would recommend removing the condition Mr Little stated he assumed it was a circle driveway for safety reasons and not wanting to back out onto the highway considering the traffic level Mr Little stated a driveway circular in nature would be a lot safer Mr Mitchell and Ms Barnes agreed Ms Holmes stated that they would revise condition # 2 to 8 pm and eliminate condition # 6 Mr Newton stated that instead of eliminating condition # 6 , that condition # 6 be addressed through the driveway permit application process with requesting an entrance only and exit only driveway Mr Marr stated the whole site plan would have to be approved if the rezoning petition is approved by the County Commissioners Mr Hudson asked howmany years had it been a circular driveway Mr Mitchell responded forever Ms Holmes asked Mr Newton if he knew why NCDOT was considering it as two separate driveways Mr Newton responded that he would speculate that NCDOT wanted to eliminate one the existing driveways due to the potential of increased traffic generated by the rezoning petition Mr Little stated that NCDOT is concerned if the use changes Mr Newton stated that amending condition # 6 to allow for the possibility of entrance only and exit only access to keep the two existing driveways would be ideal Mr Newton stated that the site is limited on parking , the location of the on - site septic system , and the ability to turn around on the property to prevent backing out onHWY39 are all things to consider Chairman Letchworth suggested that condition # 6 be revised to state unless driveways are converted to one entrance and one exit Ms Barnes asked if they needed to contact NCDOT for a driveway permit and Mr Marr about the additional site plan 7PagePage pageNumber8Chairman Letchworth confirmed Mr Mitchell stated that it would be nice if they could keep the circular driveway Chairman Letchworth stated that condition # 6would be revised to one driveway must be eliminated according to NCDOT due to not meeting minimum spacing requirements , unless driveways are converted to one entrance and one exit There wasno further discussion Chairman Letchworth asked for the staff recommendation Mr Marr provided a staff recommendation of approval based on the very low level of activity this will create and the several conditional zonings that were approved in the immediate area recently and presented a draft statement of consistency for consideration Staff Recommendation Approval Upon a motion by Ms Holmes to approve Rezoning Case 23 - 20 with a revision to condition # 2 hours of operation from 7 am to 8 pm , Monday - Saturday and with a revision to condition # 6 adding “ , unless driveways are converted to one entrance and one exit ” , seconded by Mr Little , Rezoning Case 23 - 20 was recommended for approval by a unanimous vote of 8 - 0 at the October 17 , 2023 Planning Board Meeting Rezoning Case 23 - 20 will be heard by the Board of County Commissioners at their December 4 , 2023 meeting Conditions 1 The following uses shall be permitted Business office or Barber beauty salon Proposed by applicant 2 Hours of operation shall be 7am until 7 8pm Monday - Saturday 3 Limited to 5 business employees using building at any given time 4 Lighting will be down lighting so as not to shine onto adjacent properties and to minimize glare 5 NCDOT driveway permit must be obtained along with any roadway improvements 6 One driveway must be eliminated according to NCDOT due to not meeting minimum spacing requirements , unless driveways are converted to one entrance and one exit 7 Driveway access must meet Fire Department standards 8 The development shall conform to all requirements of the Johnston County Land Development Code 9 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 10 A Class B landscape buffer shall be installed along all rezoning lines Existing vegetation may be used 11 All signage shall comply with the Johnston County sign code 8PagePage pageNumber912 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Items in bold were changed by the Planning Board during the meeting Discussion Items Chairman Letchworth stated that there were three written decisions for the Board’s review 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 The Board reviewed the written decision Upon a motion by Mr Hudson to approve the written decision for Laurer Tract 2023 , seconded by Ms Holmes , and carried by a unanimous vote of 8 - 0 , the written decision for Laurer Tract 2023was approved as presented at the October 17 , 2023 Planning Board Meeting 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 The Board reviewed the written decision Upon a motion by Ms Holmes to approve the written decision for Paradise Homes , seconded byMr Hudson , and carried by a unanimous vote of 8 - 0 , the written decision for Paradise Homes was approved as presented at the October 17 , 2023 Planning Board Meeting Big Pine Rd Tract Owner John R Green Developer Cloudbreak Investments , LLC Surveyor Adams & Hodge Engineering , LLC Acreage Lots 1472 acres , 11 lots Tax ID # 05G04049F Address 100 Block of Big Pine Rd The Board reviewed the written decision 9Page0Upon a motion by Mr Hudson to approve the written decision for Big Pine Rd Tract , seconded by Ms Holmes , and carried by a unanimous vote of 8 - 0 , the written decision for Big Pine Rd Tract was approved as presented at the October 17 , 2023 Planning Board Meeting The meeting ended at 6 27 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 10Page