January 19, 2021 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY P LANNING BOARD Tuesday , January 19 , 2 021 6 00 p m The Johnston County Planning Board met in regular session on Tuesday , January 19 , 2021 at 6 00 pm in the Johnston County Public Library , Smithfield , with the following members Present Allan DeLaine , Russell Creech , W ill L etchworth , Adam Caldwell , N icole Hackler , Michelle Davis , Brooke Holmes , Denise B yrd , Larry W ood BOCC Representative Absent No one Also present Braston Newton , Director ; Todd Marr , Planner ; Jennifer Slusser , County Attorney Chairman DeLaine opened the meeting at 6 00 p m with the P ledge o f Allegiance There was a moment of silence for the passing of former Board Member , Larry Massengill Election of Officers Mr Letchworth made a motion to nominate Allan DeLaine to remain as Chair , seconded by Ms Hackler There were no other nominations and Mr Creech closed the floor The vote carried unanimously at 7 - 0 Ms Hackler made a motion to nominate Will Letchworth as Vice Chair , seconded by Mr Caldwell There were no other nominations and Mr Creech closed the floor The vote carried u nanimously at 7 - 0 Mr Letchworth made a motion to approve the minutes from December 15 , 2020 , seconded by Ms Davis and carried by a unanimous vote of 7 - 0 ; the December 15 , 2020 minutes were approved as presented All speakers were sworn in 1PageSubdivisions Byrdtown Road - Clifton Tract Subdivision Owner Andy & Kimberly Johnson Developer Steel Bridge Crossing , LLC Surveyor Red Line Engineering , PC Acreage Lots 1906 acres 15 lots Tax ID 07E07067 Location 469 Byrdtown Rd off NC Hwy 50 N i n E levation T ownship Mr Marr introduced the subdivision and referenced the information listed above He added that this subdivision was first submitted in late 2020 and was tabled Mr Carlos Bagley , Red Line Engineering , was present to answer any questions He added there were concerns with the site distance originally and discussions have been had with DOT There will be some grading done , he added He continued that during the driveway permit stage they would be given more information on whether this could move forward or how to move forward He had pictures that were shown to t he B oard Ms Hackler asked about the speed limit in that area Mr Bagley stated 55 with a warning sign of 45 in the curve He stated that when he was out on site today , there were no cars and not much t raffic in that area There w as no further discussion Staff recommendation is for preliminary approval Upon a motion by Ms Hackler to approve Byrdtown Road - Clifton Tract Subdivision , seconded by Ms Holmes and carried by a unanimous vote of 7 - 0 , Byrdtown Road - Clifton Tract Subdivision was approved at the January 19 , 2 021 P lanning B oard M eeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road f rontage 8 Complete improvements o r provide performance guarantee 9 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 2Page10 Fee - in - lieu of open space shall b e paid p rior to r ecording 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 d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 13 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must b e o btained prior t o construction 15 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet 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 & Erosion Control Permits R equired 18 Stormwater Statement Required 19 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 20 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features 21 Potential Buffers located o n property not s hown on plan - Buffer call will n eed to be completed if not done so already or the buffer will need to be shown on the plan Provide buffer c all with plan submittal 22 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Provide Fire Flow Report & U tility Plans Fire H ydrants 3PagePate Landing Subdivision Owner PC Property , LLC Developer PC Property , LLC Surveyor True Line Surveying Acreage Lots 14228 acres , 17 lots Tax ID 10O08017 Location 510 Parrish Memorial Rd at Cardinal Country Club R d in Micro T ownship Mr Creech recused himself from voting o n this subdivision Mr Marr introduced the subdivision a nd referenced the i nformation listed a bove Mr Curk Lane , True Line Surveying , was present t o answer any q uestions Ms Hackler asked about the VAD that is nearby Mr Lane stated that it is only farmland There w as no further discussion Staff recommendation is for preliminary approval Upon a motion by Mr Letchworth to approve Pate Landing Subdivision , seconded by Ms Hackler and carried by a unanimous vote of 6 - 0 , Pate Landing Subdivision was approved at the January 19 , 2021 Planning B oard Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road f rontage 8 Complete improvements o r provide performance guarantee 9 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 10 Fee - in - lieu of open space shall b e paid p rior to r ecording 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 d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services 4PagePage pageNumber5c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 13 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must b e o btained prior t o construction 15 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet 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 & Erosion Control Permits R equired 18 Stormwater Statement Required 19 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 20 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features 21 Potential Buffers located o n property not s hown on plan - Buffer call will n eed to be completed if not done so already or the buffer will need to be shown on the plan Provide buffer c all with plan submittal 22 Property is limited to 15 impervious area without stormwater management 23 Public water system should be designed a nd sized to m eet t he fire flow criteria with fire hydrants [ Emergency Services ] 24 Provide construction d etails for fire a ccess road 25 Provide lot grade and c ul - de - sac d etails as w ell a s fire flow test 26 Provide utility plans f or r eview Goodling Road Subdivision Owner RRT Development , LLC Developer RRT Development , LLC Surveyor Stocks Engineering , PA Acreage Lots 3246 acres , 24 lots Tax ID 10O07043A & 10O07043D Location Goodling Rd at the dead n ear I - 95 in M icro T ownship 5PagePage pageNumber6Mr Marr introduced the subdivision and referenced the information listed above He explained the 500 ’ driveway separation that is required and mentioned a portion of the property is in the flood plain Ms Hackler asked about the direct d riveway a ccess Mr Marr replied they are just beyond where Street A i s marked on the m ap p rovided There w as brief discussion by the Board on the d riveway i ssues Mr Ethan Averette , Surveyor , clarified that since this is a dead - end road , DOT has stated a shared driveway could be done between lots 10 and 1 1 and Lots 12 a nd 1 3 Mr DeLaine added that it was up to t he County a bout shared driveways , n ot D OT Mr Letchworth asked about the shared driveway between lots 12 and 13 and how it looked to be it was in a riparian buffer Mr Averette stated that it is just a wood line but the soils dictated where the driveway and lot lines could be He added it was not a blue line stream , to his knowledge If it turns out to be one , they would not install it or w ould move it , he concluded Ms Donna Goodling , 265 Goodling Rd , owns property at the dead end She stated that she had been there 30 years and when she moved there it was a one lane dirt path Once the road was paved , she stated , RRT has bought land and built a new subdivision There are 6 homes for sale right now in that subdivision that has only been there 2 years She added there is a lot of turnover There are people that do down the road to where her property is as well , even into her yard She added there are lots of animals that call that wetland area their home She has concerns with being flooded out and wishes the subdivision would not back up to her land She added that DOT has stated in a few years that they will widen 95 and take away her h ome and these they are f ixing to build Mr Letchworth asked Ms Goodling a bout the w etland area Ms Goodling stated that the ditch comes beside Goodling Rd , by her house , and out to 95 Fred Smith Company did work to where it does flow better currently when they did their work on 95 A gentleman spoke that lives at 16 Moss Landing Drive didn’t get name and he stated he lives on the first lot in the existing subdivision His concern is future development on surrounding farmland as well Mr DeLaine stated that there is no w ay to know until something is t urned in Mr Letchworth added that there would be no direct access from that farmland to the subdivision he lives in If there were other developments , they would access off Lowell Mill 6PagePage pageNumber7Mr Averette stated there was no timeline for this subdivision for the approval is 3 - 4 months out at least once approved by t his B oard Ms Goodling added that she has concerns with traffic on her road as well People do not abide by the stop sign in the existing subdivision a t G oodling There w as no further discussion Staff recommendation is for denial , due to direct driveway access on Goodling Rd Mr Averette stated that they would rather lose the road front lots if needed in order to get the subdivision approved They are also good with the shared driveways as DOT recommended There was brief discussion by the Board on the speed limit of Goodling Rd and the amount of driveways off such as short , d ead end r oad Upon a motion by Mr Creech to approve Goodling Road Subdivision with shared driveways between lots 10 and 11 and 12 and 13 , seconded by Mr Letchworth , with Mr Caldwell and Ms Hackler in agreement Ms Holmes , Ms Byrd and Ms Davis were in opposition Goodling Road Subdivision was approved by a vote of 4 - 3 at the January 19 , 2021 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road f rontage 8 Complete improvements o r provide performance guarantee 9 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 10 Show shared driveway access easement and provide statement f or shared maintenance on Final Plat 11 Fee - in - lieu of open space shall be paid prior t o recording 12 Show to whom open space is dedicated 13 Provide 20 ’ fee simple access to open s pace 14 Provide utility easements a long all lot lines in accordance with LDC Sec 14 - 75 d 3 15 Coordinate with the US Postal Service for the d esign of and utilization of cluster box mail receptacle u nits 7PagePage pageNumber8a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 16 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 17 A driveway permit and subdivision design approval must b e o btained prior t o construction 18 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet 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 Shared driveways will be required f or l ots 1 0 - 13 [ Public Utilities ] 21 Stormwater & Erosion Control Permits R equired 22 Stormwater Statement Required 23 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 24 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features 25 Property is limited to 15 impervious area without stormwater management 26 The Developer will be required to extend t he existing water main along Goodling Rd to provide service t o t he proposed subdivision The p roposed water main should be designed a nd sized to m eet f ire flow c riteria with fire hydrants [ Emergency Services ] 27 Concern with access for lots 10 - 13 28 Provide flow test and Utility plans 8PagePage pageNumber9Debro Road Subdivision Owner RRT Development , LLC Developer RRT Development , LLC Surveyor Stocks Engineering Kevin Varnell Acreage Lots 1748 acres , 18 lots Tax ID 03O04034 Location Debro Rd SR 2152 north o f Shoeheel Rd in Beulah Township Mr Marr introduced the subdivision a nd referenced the i nformation listed a bove Mr Ethan Averette , RRT Development , stated t hat all lots will b e s erved internally There w as no discussion Staff recommendation is for preliminary approval Upon a motion by Ms Byrd to approve Debro Road Subdivision , seconded by Ms Holmes and carried by a unanimous vote of 7 - 0 , Debro Road Subdivision was approved at the January 19 , 2021 Planning Board M eeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Entrance sign & street signs 5 Street name approval 6 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road f rontage 8 Complete improvements o r provide performance guarantee 9 Provide final plat Street Disclosure S tatement Certificate for street maintenance DM Sec 7 , L item 8 10 Fee - in - lieu of open space shall b e paid p rior to r ecording 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 d esign of and utilization of cluster box mail receptacle u nits a CBU shall not impede the f low of t raffic b CBU shall not obstruct the operation a nd m aintenance of utility services c CBU shall meet ADA a nd F ire C ode requirements [ Environmental Health ] 9Page013 Approval of all lots for onsite s ewage disposal or statement f or e ach unapproved lot [ NCDOT ] 14 A driveway permit and subdivision design approval must b e o btained prior t o construction 15 All design aspects of the plans s hall c omply with the c urrent N CDOT Standard Specifications for R oads and S tructures , NCDOT Subdivision Roads Minimum Construction Standards , a nd P olicy on S treet 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 & Erosion Control Permits R equired 18 Stormwater Statement Required 19 A reasonable impervious a rea limit should be used p er l ot This should allow for homeowner additions as well 20 Wetlands should be delineated and shown on t he plan if a ny a re present as well as any jurisdictional features 21 Potential Buffers located o n property not s hown on plan - Buffer call will n eed to be completed if not done so already or the buffer will need to be shown on the plan Provide buffer c all with plan submittal 22 Property is limited to 15 impervious area without stormwater management 23 The proposed public water system should b e d esigned , sized and installed t o meet fire flow criteria , in the event t he county upsizes t he water m ain along Debro Rd in the future The system should b e i nstalled w ith a minimum 6 ” water main diameter In addition , tees and valves for future fire h ydrants must be installed and a fire hydrant escrow f ee 2,000 per future h ydrant location must be paid prior to the recordation of the final plat [ Emergency Services ] 24 Provide flow test and utility plans Rezoning and Special Use Case Rezoning Case 21 - 01 Rezoning Petition Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 11N05029B Owner Huel W Massengill Applicant Chris Wright Wake Electric Membership C orporation Location 2000 block of Feed Mill Rd in O ’ neals Township 10Page1Special Use Request E lectrical Substation Mr Marr introduced the case and referenced the i nformation listed above Mr Shane Brandwood , representing the Applicant , stated this was a proposed substation for the growing community There are approximately 1200 customers with this substation He added there is an existing substation on 39 at the Little River that will be decommissioned once this one is built There is LED lighting and a low decibel humming from the transformer but that is handled with buffering , he added They are willing to do whatever the County recommends Mr Thomas Gunshinan , 238 W Silverado Ct , stated this would be right outside his back door He asked which portion of that property they are rezoning He also mentioned that screening would be welcome He also added that Progress Energy is also very unreliable and Wake Electric is much better There w as no further discussion Staff recommendation is for approval Upon a motion by Ms Hackler to approve Rezoning Case 21 - 01 , seconded by Ms Davis , Rezoning Case 21 - 01 was approved by a unanimous vote of 7 - 0 at the January 19 , 2021 Planning Board Meeting Mr Marr read the Special Use Conditions There w as brief discussion on the buffering r equirements Mr Brandwood stated they were willing to provide whatever requirements are needed or required Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 21 - 01 with the Class C buffer change to # 5 , seconded by Ms Holmes , the Special Use Conditions for Rezoning Case 21 - 01 was approved by a unanimous vote of 7 - 0 at the January 19 , 2021 Planning Board Meeting Finding of Facts for the Special U se Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , a nd general welfare ; Applicant The proposed substation is located at the rear of the overall property to maximize the screening , safety and to minimize the views from adjacent neighborhoods Security fence is provided around the entire facility to enhance public safety and general welfare of the surrounding community This substation will provide a much needed reliability of the electrical infrastructure for the neighborhood and the surrounding community being served by the Wake 11Page2EMC 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with a ll applicable regulations ; Applicant The proposed design meets all the required Land Development Code requirements for setbacks , screening , and location The project will be located to provide maximum amount of sight distance and reduce negative impacts to the area 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This substation project is being proposed to provide more reliability to the current electrical infrastructure of the surrounding area and to help with the ever growing demands of the region 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the B oard o f Commissioners Applicant It is the intent of the Wake EMC to provide a facility that not only fits into the physical development of Johnston County but also meets any and all requirements of the Development Code The design includes 20 ’ required setbacks , landscape screening and strategic location as to promote good stewardship with the surrounding neighborhoods Specific Land Uses APPLICANT E lectrical Substation Special Use C onditions 1 Permitted Uses To allow for an electrical substation 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 B C landscaping buffer Existing natural vegetation may be used if equal or more intense 6 The area housing all the equipment shall be enclosed within an 8 ’ screen fence topped with barbwire 12Page3 Items in bold were changed by the Planning Board during the Planning Board Meeting The m eeting ended at 7 10 pm Respectfully submitted by _______________________________________ Stephanie Richter , Secretary for the Board 13Page