September 21, 2021 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , September 21 , 2021 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , September 21 , 2021 at 6 00 pm in the Superior Courtroom , Johnston County Courthouse , Smithfield , with the following members Present Brooke Holmes , Denise Byrd , Alan Delaine , Nicole Hackler , Adam Caldwell , Michelle Davis , Freddie Hudson Mr Hudson left the meeting after the Hannah Creek subdivision consideration was completed Absent Matt Moore , Will Letchworth Also present Braston Newton , Director ; Todd Marr , Planner ; Cameron Pittman , Planning Technician ; Jennifer Slusser , County Attorney Chairman DeLaine opened the meeting at 6 00 pm with the Pledge of Allegiance Approval of the Minutes Upon a motion by Brooke Holmes to approve the August 17th Planning Board Minutes , seconded by Michelle Davis and carried by a unanimous vote , the August 17th , 2021 Planning Board Minutes were approved as presented All speakers having business before the board were sworn in Subdivisions Campos Tract Owner Dulce Elizabeth Rivera Campos Developer Dulce Elizabeth Rivera Campos Surveyor Bobby O Fuquay Acreage Lots 294 acres , 3 lots Tax ID 10P08021A Location 326 Aycock Rd Chairperson Delaine opened the public hearing and called on staff to introduce the subdivision Mr Todd Marr introduced the case and referenced the above information 1PageMr Caldwell asked for clarity concerning the shared driveway to which Mr Marr deferred to the applicant’s representative Mr Bobby Fuquay , surveyor and applicant’s representative , stated the particulars concerning the subdivision and clarified the proposed shared driveway configuration for the road front lots Mr Caldwell asked about the speed limit along the road Mr Fuquay replied that the speed limit is 45 mph Chairman Delaine asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions in the staff report , contingent on NCDOT approval of the shared driveway configuration Mr Caldwell asked if one of the driveways would align with the existing farm path There was no further discussion Staff recommendation is for approval Upon a motion by Ms Hackler to approve Campos Tract subdivision , seconded by Mr Caldwell , the Planning Board approved by a unanimous vote , at the September 21 , 2021 Planning Board Meeting Conditions and Requirements [ Planning ] 1 Complete flood plain information 2 Metes & bounds 3 Certifications 4 Complete improvements or provide performance guarantee 5 Show shared driveway access easement and provide statement for shared maintenance on Final Plat 6 Driveways shall be separated 100 feet apart 7 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 [ NCDOT ] 11 A driveway permit and subdivision design approval must be obtained prior to construction 2Page12 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 13 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 14 100 ’ of separation required between all driveways and sight distance must be obtained [ Public Utilities ] 15 If 17,000 sf of impervious area or more is planned to be added , a Stormwater Permit may be required 16 If an acre or more will be disturbed , an Erosion Control Permit is required 17 Developer should have a licensed utility contractor install the proposed water services for the future lots prior to plat recordation Please contact Public Utilities prior to installation and for inspection of the proposed services to ensure they meet County standards Kinsey Rd Tract Owner Samuel & Laurie Wilkins Developer Sam Wilkins Surveyor Lee R Hines , Jr , PE Acreage Lots 1045 acres , 7 lots Tax ID 09H14044F Location 400 Block of Kinsey Rd Chairman Delaine opened the public hearing Mr Marr introduced the case and referenced the above information Mr Richie Hines representing the developer stated the development met all requirements of the subdivision ordinance followed with a brief description of details about the development Ms Hackler made note of the voluntary agricultural district near the development and made Mr Hines of the required statement of proximity required on the plat Mr Caldwell inquired about the need for any dead end road improvements Mr Hines stated NCDOT had not yet determined if any would be required , to which Mr Marr reiterated There was no further discussion Staff recommendation is for approval Upon a motion by Ms Hackler to approve Kinsey Rd Tract subdivision , seconded by Ms Holmes , the Planning Board approved Kinsey Rd Tract subdivision by a vote of 5 - 1 , at the September 21 , 2021 Planning Board Meeting 3PageConditions 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 frontage 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 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 [ Public Utilities ] 17 Stormwater & Erosion Control Permits Required 18 Stormwater Statement Required 19 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 20 Wetlands should be delineated and shown on 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 The developer shall be responsible for extension of the water main along Kinsey Rd to serve the proposed subdivision The existing water main along Kinsey Rd is 4 ” , but the extension should be sized 6 ” minimum to accommodate future fire flow and 4PagePage pageNumber5include stub - outs for future hydrants In addition , funds should be deposited into the County’s fire hydrant escrow account in the event fire flow is available in the future [ Emergency Services ] 23 Provide road detail and cul - de - sac detail 24 Provide “ No Parking ” signs on same side of road as fire hydrants 25 Provide flow test and hydrant distribution detail Riverside 20 Owner Billy & Mildred Creech Living Trust Developer Hearth Point Development Surveyor AMP’D Engineering , PLLC Acreage Lots 2147 acres , 9 lots Tax ID 11L01019A Location 14000 Block of NC HWY 96 N Chairman DeLaine opened the public hearing Mr Marr introduced the case and referenced the above information Mr Marr added that a prior phase of the development had been approved with 91 lots , however , only a net of 90 lots will be developed due to lack of soil suitability The proposed development would be served by the internal street system of the prior approved development Mr Athan Parker , representing the developer , stated the particulars of the development and that the development meets all requirements of the subdivision ordinance Ms Davis asked about the lack of proper termination for the primary street for the development Mr Parker stated that an approved turnaround would be designed and installed Ms Hackler asked if the turnaround would be a cul - de - sac or a hammerhead Mr Parker stated it would be a cul - de - sac There was no further discussion Staff recommendation is for approval Upon a motion by Ms Hackler to approve Riverside 20 subdivision , seconded by Mr Hudson , the Planning Board approved Riverside 20 by a unanimous vote of 6 - 0 , at the September 21 , 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 5PagePage pageNumber66 All lots shall access internal streets 7 Cul - de - sac lots must have 40 ’ road frontage 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 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 Turn lane on NC Hwy 96 must be completed before NCDOT will sign off on lots [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 19 Stormwater Statement Required 20 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 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 road detail and flow test 24 Provide “ No Parking ” signs on same side of road as fire hydrants 25 Provide hydrant distribution detail 26 Overall map indicates lots for future development This will mandate a second entrance 6PagePage pageNumber7Smith Tract - Stancil Owner Raeford William Smith Jr & Peggy Dupree Smith Developer Freddie Stancil - Stancil Builders Surveyor Keith Roberts - Timmons Group Acreage Lots 2969 acres , 12 lots Tax ID 13B02007O Location 94 Stancil Dr Chairman DeLaine opened the public hearing Mr Marr introduced the case and referenced the above information Mr Keith Roberts , representing the developer , stated the particulars of the development and that it meets all requirements of the subdivision ordinance Ms Davis asked about the termination of the stub street Mr Roberts stated that it would connect to a future phase of the adjoining development , Weatherford There was no further discussion Staff recommendation is for approval Upon a motion by Ms Holmes to approve Smith Tract - Stancil subdivision , seconded by Ms Byrd , the Planning Board approved Smith Tract - Stancil by a unanimous vote of 6 - 0 , at the September 21 , 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 frontage 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 Show to whom open space is dedicated 11 Provide 20 ’ fee simple access to open space 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 7PagePage pageNumber8[ 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 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 21 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call may be necessary to set the start point of the buffer 22 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 23 Need a drive out at mail kiosk so traffic does not block the road 24 Provide “ No Parking ” signs on same side of road as fire hydrants 25 Roadway at lot 1 must have a cul - de - sac or approved turnaround 26 Provide flow test Hannah Creek Rd Tract Owner Grindstone Acquisitions , LLC Developer Quality One Contracting , LLC Surveyor Morris & Ritchie Associates of NC , PC Acreage Lots 1824 acres , 15 lots Tax ID 01G11098A Location 1643 Hannah Creek Rd Chairman Delaine opened the public hearing Mr Marr introduced the case and referenced the above information , and stated that this development was previously denied in July 2021 Ms Hackler asked why it was denied previously Ms Davis stated that there were concerns about the environmental impact from septic fields location that were not addressed 8PagePage pageNumber9Mr Chip Hewitt , attorney for developer , stated the particulars of the development and entered into evidence a packet of information prior to calling on Jamie Guerrero , PE , to testify Mr Guerrero directed attention to a map in the exhibit depicting existing subdivisions within a 2 mile radius of the proposed development Mr Guerrero further addressed stormwater flow from the low density development proposed , clarifying surface flow volume and direction Mr Guerrero spoke about the unsuitable soils for a portion of the development that necessitated the need for the septic drain fields for some of the proposed lots to be located at the front of the development near Hannah Creek Rd The existing soils conditions were the reason for the proposed lot count being exceedingly less than what is allowable with current density allowance Mr Guerrero stated that the homes in the development were planned to be constructed by Herring Homes , a local custom builder , as opposed to a production builder Mr Hewitt specifically addressed some concerns of a local resident related to stormwater flow impact to nearby Tucker Lake and the general character of the neighborhood Mr Caldwell asked for clarification of what the areas marked “ C ” indicated on page 8 of the exhibits to which Mr Guerrero replied these are unsuitable soils that would not support septic fields Mr Brian Winters stated his concerns of how large lots can result in such small septic drain fields He further stated that he had consulted a licensed soil scientist - LSS via email - copy provided to Planning Board who , based on information provided by Mr Winters and some general investigation by the LSS , has concerns about the functionality of the septic systems Mr Winters stated that the flow from the septic fields near the road would be in the direction of the road Mr Joey West , living adjacent to the proposed development , stated concerns over the “ wet ” nature of the proposed site and the stormwater impacts to his property Mr Trent Tucker stated concerns about the septic drain field locations for the development and stormwater impacts downstream Ms Holly Winters , nearby resident , stated that she is a certified Environmental Health Specialist , and she has concerns about the septic fields location for the development , and the maintenance of the fields She further stated concerns about the contaminants and bacteria associated with septic effluent Ms Winters stated that the soils on the site of the proposed development were not “ virgin soils ” as there was a dwelling previously located on the property She described “ virgin soils ” as soils having no prior disturbance as it relates to septic suitability Mr Guerrero stated that the developer had engaged 2 separate LSS to evaluate the suitability of the soils for septic drain fields , which resulted in the proposed layout as presented Mr Caldwell asked about the soil bearing capacity of the soils and if public sewer was available to the site Mr Guerrero stated that soil bearing and soil suitability for septic were much different He further stated that public sewer was not nearby Ms Davis asked about crossing the water feature existing on the property Mr Guerrero stated that permits are required to cross a riparian feature and there is a buffer that prevents any disturbance in an established buffer bordering any such feature 9Page0Ms Hackler asked about the repair areas for the septic fields Mr Guerrero stated that there is suitable area to allow for repairs Ms Hackler asked how many lots were previously proposed Mr Guerrero stated 26 lots previously , and due to limited soil suitability the proposed lot count has been reduced to 15 There was no further discussion Staff recommendation is for approval Upon a motion by Ms Davis to approve Hannah Creek Rd Tract subdivision , seconded by Ms Hackler , the Planning Board approved Hannah Creek Rd Tract by a vote of 4 - 2 with Mr Caldwell and Mr Hudson in dissent , at the September 21 , 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 frontage 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 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 10Page1Construction 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 & Erosion Control Permits Required 18 Stormwater Statement Required 19 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 20 401 404 permits as well as buffer authorization is required for the stream crossing 21 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 22 Provide Fire Flow Test Mr Hudson left the meeting Meadow Crest Owner Vivian Creech Developer P & P Land Development Inc Surveyor AMP’D Engineering , PLLC Acreage Lots 1735 acres , 16 lots Tax ID 11L01016F Location 1000 Block of Mudham Rd Chairman DeLaine opened the public hearing Mr Marr introduced the case and referenced the above information Mr Athan Parker , PE , stated the particulars of the development and further stated that it meets all the requirements of the subdivision ordinance He further stated that after preliminary approval analysis and design of stormwater and septic would occur in great detail by qualified professionals Ms Hackler asked how the existing on - site pond would be maintained Mr Parker stated that the pond would be divided among lots as indicated on the plat Mr William Fuller of 1029 Mudham Road adjacent resident stated concerns about the stormwater runoff as he had experienced severe flooding photos introduced on his property , and the impacts of the stormwater flow on his access farm path Mr Fuller further stated his concerns about the septic fields being engineered due to the soils being so poor Johnston County Environmental Health is incapable of designing and permitting septic systems on the property Ms Hackler asked when the photos of the flooding were taken Mr Fuller stated it was during a hurricane in 1999 determined to be Hurricane Floyd An attorney with Parker Poe , PLLC apple on behalf of the developer He stated the purpose of the hearing is to determine whether the preliminary plat meets standards of ordinance based on substantial , competent and material evidence He asked Mr Parker to describe the engineered option permit EOP for septic systems 11Page2Mr Parker stated that Johnston County could in fact design and permit septic for the property , however the developer chose to go the EOP route for consideration of time and the overwhelming backlog Johnston County Environmental Health is currently experiencing Mr Parker further stated that the farm path serving Mr Fuller’s property would not be disturbed and the developer would ensure the path remained , via an access easement , so as not to disrupt Mr Fuller’s access Mr Parker stated that development does not necessarily increase stormwater runoff intensity if properly designed Ms Byrd asked if the farm path would be dedicated to Mr Fuller as a land conveyance or would it be an access easement Mr Parker stated an easement would be established Ms Byrd asked if financing for Mr Fuller would be affected with access only by easement From the audience someone stated that it would not Mr Fuller stated that if the septic systems contaminate his well he would not be happy Ms Holmes made a statement about concerns of school overcrowding in the district Mr Caldwell asked if a representative of JCPS was present It was determined that none was present There was no further discussion Staff recommendation is for approval A motion was made by Ms Hackler to approve the subdivision The motion died due to lack of second Upon a motion by Ms Davis to approve Meadow Crest , with the condition that the farm path be encompassed in an access easement for Mr Fuller and that easement be noted on the final plat , seconded by Ms Holmes , the Planning Board approved Meadow Crest by a unanimous vote of 5 - 0 , at the September 21 , 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 frontage 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 Mudham Road 11 Fee - in - lieu of open space shall be paid prior to recording 12Page312 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 13 Permanent access easement to allow ingress egress to adjacent property 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 [ 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 A buffer call may be necessary 22 Property is located within the ESA and limited to 12 impervious area without stormwater management [ Emergency Services ] 23 Provide road detail 24 Provide “ No Parking Fire Lane ” signs at hydrants and on one side of each street 25 Provide cul - de - sac detail 26 Provide fire flow test 27 Provide hydrant distribution information Mamie Rd Tract Owner Samuel & Laurie Wilkins Developer Sam Wilkins Surveyor Lee R Hines Jr , PE Acreage Lots 2215 acres , 21 lots Tax ID 09G14041K , 09G14041L , 09G14041P , 09G14041Q , 09G14041R , 09G14041S , 09G14041U 13Page4Location 200 Block of Mamie Rd Chairman DeLaine opened the public hearing Mr Marr introduced the case and referenced the above information Mr Richie Hines , PE , stated the particulars of the development and that all requirements of the subdivision ordinance had been met He further stated that lots 15 - 18 may not be permitted for conventional septic systems Mr Caldwell asked about the impact of the gas easement on lot 12 Mr Hines that as long as no encroachment occurred by the future resident there would be no impact Mr Cody Dunn of Bear Road stated concerns about the impacts of development of the property Ms Amanda Bader , PE , speaking on behalf of her sister who is a resident of close proximity to the proposed development asked if this is responsible development with agriculture in mind She continued to state that the proposed development will drain through lots 8 , 9 , 10 , and respectfully requests that stormwater be adequately analyzed and designed prior to preliminary approval to better understand downstream impacts Ms Bader stated the the pond was not designed for stormwater flow and questioned the water rights of the adjoining property owner Ms Bader asked about turnaround design for stub street , and the existing ditch being encompassed in a drainage easement Ms Hackler asked about the cemetery near the pond Mr Edwin Peacock , adjoining property owner , stated that his grandfather had farmed the land in question previously He stated that part of the pond is on his property and he uses the pond for irrigation of cropland He further clarified that the cemetery is accessed via an easement Ms Parker full name and address not audible at meeting spoke about the cemetery which was her family’s cemetery Ms Candida Boone of 770 Bear Road , adjoining property owner , stated concerns about downstream impacts of stormwater form the development especially as it relates to the pond on the property owned by T - Bar Inc and Holly Grove Advent Christian Church produced photos of church property flooding from July 2021 She further stated concerns about the overcrowding of Meadow School Mr Sam Wilkins , developer , addressed concerns about cemetery access , stormwater flow generated by development , and soil erosion Mr Wilkins stated that soil erosion would be aided by development as the property is currently unmaintained to prevent erosion Mr Hunter Boone stated concerns about development in general He stated that from 2001 - 2016 NC lost 732,000 acres to development which is about 10 of total land in state He stated concerns about law enforcement response time in area and the added residents would cause greater law enforcement demand There was no further discussion Staff recommendation is for approval Upon a motion by Mr Caldwell to deny Mamie Road Tract subdivision referencing conflict with purpose and intent section of subdivision ordinance and the numerous 14Page5concerns mentioned , seconded by Ms Holmes , the Planning Board denied Mamie Road Tract by a vote of 4 - 1 , with Ms Hackler in dissent , at the September 21 , 2021 Planning Board Meeting County Line Subdivision Owner Randy Edwards Developer Riverwild , LLC Surveyor Stocks Engineering Acreage Lots 2303 acres , 21 lots Tax ID 16K01011WC Location 100 Block of NC HWY 231 Chairman DeLaine opened the public hearing Mr Marr introduced the case and referenced the above information Mr Ethan Averette , PE , represented the developer and stated the particulars of the development Ms Davis had some basic questions surrounding the overhead power easement Mr Averette answered her questions Ms Davis stated concerns about school overcrowding in the district and yet another development generating additional students There was no further discussion Staff recommendation is for approval Upon a motion by Ms Holmes to approve County Line subdivision , seconded by Ms Hackler , the Planning Board approved County Line by a unanimous vote of 5 - 0 , at the September 21 , 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 frontage 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 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 15Page612 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 Left Turn lane will be required Three lane section will need to be carried through Holly Brook Rd if taper cannot be tied down before intersection [ Public Utilities ] 18 Stormwater & Erosion Control Permits Required 19 Stormwater Statement Required 20 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 21 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call may be necessary 22 Property is located within the ESA and limited to 12 impervious area without stormwater management 23 The developer shall be responsible for a water main extension 6 ” minimum to serve the proposed development along NC 231 [ Emergency Services ] 24 Provide “ No Parking ” signs on side where fire hydrants will be located 25 Cul - de - sacs shall be 70 ’ wide inside diameter and 100 ’ wide outside diameter 26 Provide flow test and hydrant distribution information 16Page7Cuddington Tract Owner Wayne Cuddington Developer Jones Creek , LLC Surveyor Freedom Firm , PC Acreage Lots 5993 acres , 62 lots Tax ID 07E08012C , 07E08012F , 07E08012 , 07E07086 Location 2744 Tarheel Rd Chairman DeLaine opened the public hearing Mr Marr introduced the case and referenced the above information Mr Carlos Bagley , PE , stated the particulars of the development Me Caldwell questioned if any improvements were planned for the intersection of NC 50 and Tarheel Rd as a number of accidents have occurred there previously Mr Bagley stated that NCDOT review did not include any required improvements for the intersection There was no further discussion Staff recommendation is for approval Upon a motion by Ms Hackler to approve Cuddington Tract , seconded by Ms Holmes , the Planning Board approved Cuddington Tract by a unanimous vote of 5 - 0 , at the September 21 , 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 frontage 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 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 17Page8[ 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 & Erosion Control Permits Required 18 Stormwater Statement Required 19 A reasonable impervious area limit should be used per lot This should allow for homeowner additions as well 20 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers A buffer call may be necessary to set the start point of the buffer 21 Property is limited to 15 impervious area without stormwater management [ Emergency Services ] 22 Provide “ No Parking ” signs on side where fire hydrants will be located 23 Provide flow test and hydrant distribution information Rezoning and Conditional Zoning Cases Rezoning Case 21 - 17 Rezoning Petition Industrial 1 - Special Use District I - 1 SUD to General Business GB Tax ID 12N11018B Owner SCD Investments , LLC Applicant SCD Investments , LLC Location 4241 US Hwy 70 East in Pine Level Township Chairman DeLaine opened the public hearing Mr Marr introduced the case and referenced the information listed above Ms Hackler asked if the requested zoning is less intensive to which Mr Marr replied yes 18Page9Mr Carter Hunter , applicant owner , stated the purpose for the rezoning was to allow for a use different from the prior use of which has recently been relocated within the county Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration There was no discussion Upon a motion by Mr Caldwell to approve Rezoning Case 21 - 17 , seconded by Ms Davis , Rezoning Case 21 - 17 was recommended for approval by a unanimous vote of 5 - 0 at the September 21 , 2021 Planning Board Meeting Rezoning Case 21 - 18 TABLED UNTIL OCTOBER 2021 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 13D04056 Owner CL Byrd Applicant CL Byrd Location 11098 NC Hwy 50 N in Pleasant Grove Township Chairman DeLaine opened the public hearing Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the applicant was not present for the hearing There was no discussion Upon a motion by Ms Holmes to continue Rezoning Case 21 - 18 until the regular meeting in October 2021 , seconded by Ms Davis , Rezoning Case 21 - 18 was continued by a unanimous vote of 5 - 0 at the September 21 , 2021 Planning Board Meeting Rezoning Case 21 - 19 Rezoning Petition Agricultural Residential AR to General Business GB Tax ID 05I04199X Owner DTJ Inc Applicant DTJ Inc Location 3300 Block of NC HWY 42 W in Clayton Township Chairman DeLaine opened the public hearing Mr Marr introduced the case and referenced the information listed above Mr Marty Gilbert , applicant owner , stated the particulars of the request and described the surrounding zonings and land uses 19Page0Mr Jon Giggi , resident at 2016 Spring Valley Drive , Clayton , expressed concerns about noise and disturbance generated from the proposed commercial development Mr Gilbert stated that a buffer comprised of existing and newly planted material would be maintained and installed per County requirements Mr Marr provided a staff recommendation of approval and presented a draft statement of consistency for consideration There was no discussion Upon a motion by Ms Holmes to approve Rezoning Case 2 - 19 , seconded by Ms Byrd , Rezoning Case 21 - 19 was recommended for approval by a unanimous vote of 5 - 0 at the September 21 , 2021 Planning Board Meeting There were no discussion items The meeting ended at 9 30 pm Respectfully submitted by _______________________________________ Braston Newton , Planning Director standing in as Secretary for the Board 20Page