March 18, 2025 - 6:00 PM - Planning Board Meeting Minutes

10 MEETING OF THE JOHNSTON COUNTY PLANNING BOARD Tuesday , March 18 , 2025 6 00 pm The Johnston County Planning Board met in regular session on Tuesday , March 18 , 2025 at 6 00 pm in the County Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , NC with the following members Present Jared Crenshaw , Susan Ford , Debbie Howard , Tim Little , Gary Lovering , Jay Sasser Absent Brooke Holmes , Freddie Hudson , Will Letchworth , BOCC Representative , BOE Representative Also present Braston Newton , Director ; Todd Marr , Senior Planner ; Cameron Pittman , Planner ; Chad Essick , Attorney representing the Board Vice - Chair Little opened the meeting at 6 00 pm with the Pledge of Allegiance led by Mr Sasser Vice - Chair Little stated that Farm Field subdivision was postponed until the April 15 , 2025 Planning Board meeting due to an updated map needing to be reviewed by TRC and that new notices would be mailed out to adjacent property owners Approval of the Minutes Vice - Chair Little stated that there was an error in the February 18 , 2025 Planning Board Minutes , the Wade Lassiter Tract was inadvertently identified as Turlington Tract Phase 2 on the top of page four and that it has been corrected Upon a motion by Ms Howard to approve the February 18 , 2025 Planning Board Minutes , seconded by Mr Sasser , and carried by a unanimous vote of 6 - 0 , the February 18 , 2025 Planning Board Minutes were approved as presented All speakers were sworn in Subdivisions Beulahmoore Owner Ronnie M Boyette Developer Little River JoCo , LLC Surveyor Engineer BRL Engineering & Surveying Acreage Lots 1003 acres , 11 lots Tax ID # 03P06023 Address Old Beulah Road and Moore Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that a reverse frontage buffer is required for all lots backing up to Moore Rd Mr 1PageMarr also shared information from the Johnston County Land Design Manual regarding developments creating 4 or more lots Vice - Chair Little asked Mr Marr if lot 11 was served by an easement Mr Marr confirmed Mr Brian Leonard , 112 E Johnson St , Smithfield , NC , BRL Engineering & Surveying , was present to answer any questions from the Board Mr Leonard stated that the proposed subdivision included 11 lots with a single internal cul - de - sac street Mr Leonard stated that there are site specific circumstances relating to the proposed lot 11 and the access easement Mr Leonard referenced County Ordinance and distributed a highlighted copy of the preliminary site plan showing the soils Mr Leonard stated that the subject property has a narrow tract of usable land with good soils through the middle of the subject property and that it is an irregular shape Mr Leonard stated that lot 11 could be cut out as its own individual lot as a minor subdivision with access directly to Moore Rd Mr Leonard stated that they felt like the current proposal was a safer situation overall to have access internal to the subdivision Mr Leonard discussed the proposed shared driveway for lot 6 and lot 11 Ms Howard asked about the shared driveway being a single entrance of the cul - de - sac Mr Leonard confirmed Mr Sasser asked about maintenance of the easement Mr Leonard responded that it would be the future owners of lot 11 and that it would be like any other private driveway Mr Sasser asked about the wording on lot 10 with the words good and bad Mr Leonard confirmed that the words needed to be reversed and it was a simple typo on lot 10 Ms Ford asked about areas along Moore Rd being really wet and tending to hold water Mr Leonard responded that there is a NCDOT pipe that crosses under Moore Rd Mr Leonard stated that he didn’t know if the issue is a soils issue or if the pipe is possibly clogged up or not having efficient drainage Mr Leonard stated that NCDOT will require an analysis on that pipe to see if it has capacity to accept the additional drainage from the proposed subdivision Vice - Chair Little stated that it would be reviewed by the hydraulics unit through the driveway permit process Ms Brianna Bernu , 96 Moore Rd , Kenly , NC , adjacent property owner , spoke in opposition of the proposed subdivision and expressed concerns for drainage Ms Bernu stated that her lot doesn’t drain properly possibly due to the culvert and water not flowing 2Pagecorrectly or being under capacity Ms Bernu stated they had tried french drains and it didn’t help Ms Bernu spoke about the current standing water from her property to where Moore Rd meets Old Beulah Rd Ms Bernu stated that she had been told that a portion of lot 6 had always been considered wetlands Mr Andy Allen , 5949 Old Beulah Rd , Kenly , NC , nearby property owner , expressed concerns for drainage and spoke about cattails growing in the ditch and a pipe from the field that doesn’t stop running water year round Mr Allen expressed concern for the existing pipe from the field and then the addition of septic tanks Mr Ricky Allen , 5959 Old Beulah Rd , Kenly , NC , nearby property owner , expressed concerns about drainage and spoke about water standing in the ditch year round Mr Allen stated that heavy rains flood the road and run down to the Little River Mr Allen spoke out of concern for an adjacent neighbor’s property and access to her house , the Henry Price property There was discussion among the Board as they located the Henry Price property on GIS in relation to the subject property Mr Leonard addressed the concerns regarding possible wetlands Mr Leonard stated that they had an environmental consultant look at the subject property and they determined that there were no wetlands Mr Leonard stated that as an engineer he’s inclined to think that it’s either a clogged pipe that backs up the water or the soils themselves poorly drain Mr Leonard addressed the concerns regarding possible underground drainage and stated that they would have Environmental Health evaluate the subject property for septic systems Mr Leonard stated that if there are extenuating circumstances under ground then the developer will have to deal with that Mr Sasser asked if NCDOT would determine if the pipe was undersized during the driveway permit process Mr Leonard confirmed Vice - Chair Little stated that it would be on the developer to replace the pipe and upsize if needed Mr Lovering asked about extending the cul - de - sac to lot 11 Mr Leonard responded that the soil is so narrow with the property line at that point , they could have lost lots 5 and 6 to extend the street Mr Leonard stated that they are trying to maximize layout There was no further discussion Vice - Chair Little asked for the staff recommendation Mr Marr stated the staff recommended denial due to lot 11 being served by an easement and not a dedicated right - of - way meeting standards 3PageMs Howard spoke about initial concerns with the access easement to lot 11 Vice - Chair Little spoke about the proposed design serving lot 11 internally Ms Howard spoke about stormwater being in the conditions Mr Sasser expressed concern for potential flooding at the back of the lots and the outflow of water from possible underground piping Mr Sasser stated that the subdivision would not receive final approval before those issues are resolved Mr Newton stated that staff recommends adding a condition requiring a maintenance agreement submitted and recorded Staff Recommendation Denial Upon a motion by Mr Crenshaw to approve Beulahmoore with the added condition that the easement to lot 11 must be maintained by the owner of lot 11 , seconded by Ms Howard , Beulahmoore was approved by a unanimous vote of 6 - 0 at the March 18 , 2025 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Provide reverse frontage lot buffer along Moore Road 12 Fee - in - lieu of open space shall be paid prior to recording 13 Street Lighting shall be installed in accordance with LDC Sec 14 - 364 prior to recording 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 Easement to lot 11 must be maintained by the owner of lot 11 16 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 4PagePage pageNumber5[ Environmental Health ] 17 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 18 A driveway permit and subdivision design approval must be obtained prior to construction 19 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 20 It will be determined at the time the driveway permit application is submitted if any road improvements will be required 21 NCDOT Encroachment Permit Required [ Public Utilities ] 22 Stormwater & Erosion Control Permits Required 23 Stormwater Statement Required 24 Wetlands should be delineated and shown on the plan if any are present as well as any jurisdictional features and buffers 25 Property is limited to 15 impervious area without stormwater management 26 Construction plans will have to be submitted and approved for waterline construction [ Emergency Services ] 27 Provide construction details for access road 28 Provide Water mains and pipe sizes 29 Provide a fire flow test 29 Provide fire hydrant distribution plan layout Turlington Tract Phase 2 Owner Tony & Diane Johnson Developer Benson - Hardee - Lan LLC Surveyor Engineer Freedom Firm PC Acreage Lots 1838 acres , 21 lots Tax ID # 01D07030 Address 3028 Benson Hardee Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that the first phase of Turlington Tract was approved at the latter part of 2024 Mr Marr stated that this proposed subdivision was tabled at the last meeting Vice - Chair Little stated that a traffic count on Benson Hardee Rd had been completed recently and it is 1259 vpd 5PagePage pageNumber6Mr Carlos Bagley , 63 Watkins Rd , Clayton , NC , Surveyor Engineer , was present to answer any questions from the Board Mr Bagley distributed copies of the overall plan for Turlington Tract Vice - Chair Little asked if this was the final phase Mr Bagley responded that there is a possible future stub to the south Mr Newton asked on behalf of a resident about the shared lot line at lot 48 and lot 49 shown as crossing the property boundary and running through an established easement with phase one at lot 33 Mr Newton stated that the thought is that the lot line crossing through the easement is in error Mr Bagley confirmed that the shared lot line needed to stop at the property boundary and not cross into the easement Ms Howard asked what the easement served Mr Bagley responded that Mr Pleasant’s land is served by the easement and that the easement was approved as part of phase 1 Mr Bagley stated that Mr Pleasant is using the existing path to cross to a pond to the north and that they also gave him a stub to the south to go into a suitable portion of his land There was no further discussion Vice - Chair Little asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Mr Crenshaw asked about the bold line shown on the preliminary plat that goes through lot 34 and lot 54 and if it distinguished phases or the limits of the easement Mr Newton responded that it is the previous lot line Mr Newton stated that there are two parcels that make up the two phases of development and that the lot line will go away through a method of recombination and will be shown as an abandonment of that lot line Staff Recommendation Approval Upon a motion by Mr Lovering to approve Turlington Tract Phase 2 , seconded by Mr Sasser , Turlington Tract Phase 2 was approved by a unanimous vote of 6 - 0 at the March 18 , 2025 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 6PagePage pageNumber72 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Fee - in - lieu of open space shall be paid prior to recording 12 Street Lighting shall be installed in accordance with LDC Sec 14 - 364 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 ] 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 22 Property is limited to 15 impervious area without stormwater management 23 Construction plans will have to be submitted and approved for waterline construction [ Emergency Services ] 7PagePage pageNumber824 Provide water main and pipe sizes 25 Provide a fire flow test 26 Provide fire hydrant distribution plan layout Dodd Tract Owner EP Farms , LLC Developer Cloudbreak Investments , LLC Surveyor Engineer Becker Morgan Group , Inc Acreage Lots 9980 acres , 51 lots Tax ID # 08H12003 & 08H12003A Address 626 Dodd - McLamb Rd Mr Marr introduced the subdivision and referenced the above information Mr Marr stated that this parcel is not within the ESA , however a floodplain appears on the parcel Mr Donnie Adams , 314 E Main St , Clayton , NC , Becker Morgan Group , was present to answer any questions from the Board Mr Adams stated that the proposed subdivision is for all the lots ’ frontage along a proposed street with the public right - of - way Mr Adams stated that there are off - site septic lots located to the right side of the preliminary plat Vice - Chair Little asked about the off - site septic lots Mr Adams responded that they are the lots with the OS behind the lot number Ms Howard asked about the dotted lines Mr Adams confirmed and stated that the off - site septic lots will be accessed through their all - weather access path Mr Crenshaw asked if an HOA would maintain the pound and the access Mr Adams responded that there would be an HOA , but the management of the pond has not been finalized Mr Adams stated that it may be HOA or it may be retained by the land owner and that it would not fall back to an individual property owner within the subdivision Mr Adams spoke about the proposed location of the CBU Mr Adams stated that they have appropriate sight distance for the NCDOT driveway permit Mr John Dodd , 538 Dodd - McLamb Rd , Four Oaks , NC , adjacent property owner , spoke in opposition of the proposed subdivision Mr Dodd expressed concern about the existing county water lines on Dodd - McLamb Rd and them needing possible upsizing to accommodate the proposed subdivision Mr Dodd expressed concern for an increase in traffic and its impact on the road condition Mr Dodd asked about curb and gutter and sidewalks Mr Dodd also expressed concern for the possible impact on property values Mr Dodd spoke about the community and stated that there are only 10 homes currently on Dodd - McLamb Rd and no subdivisions within three miles of the subject property 8PagePage pageNumber9Mr Steve Woodall , 504 Longview St , Garner , NC , owns property across the road from the proposed subdivision Mr Woodall spoke in opposition of the proposed subdivision and expressed a desire to keep the area as it was Mr Woodall spoke about concern for increased population on the road and possible trespassing on neighboring properties , farmland and ponds Mr Woodall also expressed concern for the impact on the county water line and the road condition Mr James Massengill , 759 Dodd - McLamb Rd , Four Oaks , NC , adjacent property owner , spoke in opposition of the proposed subdivision and expressed concern for the existing infrastructure Mr Massengill expressed concerns for the water lines and road conditions Mr Adams addressed the concerns regarding the county water lines and stated that they have been in communication with Johnston County Public Utilities Mr Adams stated that subdivision requirements default to NCDOT rural road standards Mr Adams stated that the standards would be 20 ft wide strip asphalt with generally a 6 ft shoulder and then grass swells along the side Mr Adams stated that no curb , gutter , or sidewalk is required Mr Adams stated that those are usually in a high density development Mr Sasser asked about the condition of the road Mr Adams responded that they have not evaluated the road and trust NCDOT since it is a NCDOT maintained road and it appears to be in good standing Vice - Chair Little stated that turn lane consideration is part of the NCDOT driveway permit process Vice - Chair Little stated that it is determined by the amount of traffic on the road with a physical count while school is in session Vice - Chair Little stated that by general statute if it meets a certain threshold then a turn lane is required Ms Howard stated that both the Johnston County Public Utilities and NCDOT items are required conditions if approved Mr Newton made a comment from the audience Vice - Chair Little stated that trips from the subdivision are included in the traffic count There was no further discussion Vice - Chair Little asked for the staff recommendation Mr Marr stated the staff recommended approval with the stated conditions and requirements in the staff report Mr Crenshaw asked about adding a condition regarding the off - site septic lots and the pond Mr Adams stated that there is no intention for it to pass to one of the individual property owners Mr Adams stated that there is a possibility that the pond and open space area may default back to the current owner as open space Mr Adams stated that the access to the off - site septic lots would be part of the HOA 9Page0Staff Recommendation Approval Upon a motion by Mr Crenshaw to approve Dodd Tract , seconded by Mr Sasser , Dodd Tract was approved by a unanimous vote of 6 - 0 at the March 18 , 2025 Planning Board Meeting Conditions and Requirements [ Planning ] 1 All lots must be a minimum of 30,000 sf 2 Complete flood plain information 3 Metes & bounds 4 Certifications 5 Entrance sign & street signs 6 Street name approval 7 All lots shall access internal streets 8 Cul - de - sac lots must have 40 ’ road frontage 9 Complete improvements or provide performance guarantee 10 Provide final plat Street Disclosure Statement Certificate for street maintenance DM Sec 7 , L item 8 11 Show to whom open space is dedicated 12 Provide 20 ’ fee simple access to open space 13 Street Lighting shall be installed in accordance with LDC Sec 14 - 364 prior to recording 14 Provide utility easements along all lot lines in accordance with LDC Sec 14 - 75 d 3 15 Coordinate with the US Postal Service for the design of and utilization of cluster box mail receptacle units a CBU shall not impede the flow of traffic b CBU shall not obstruct the operation and maintenance of utility services c CBU shall meet ADA and Fire Code requirements [ Environmental Health ] 16 Approval of all lots for onsite sewage disposal or statement for each unapproved lot [ NCDOT ] 17 A driveway permit and subdivision design approval must be obtained prior to construction 18 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 10Page119 It will be determined at the time the driveway permit application is submitted if any road improvements will be required [ Public Utilities ] 20 Stormwater & Erosion Control Permits Required 21 Stormwater Statement Required 22 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 for this site 23 Property is limited to 15 impervious area without stormwater management 24 Construction plans will have to be submitted and approved for waterline construction 25 There is only a 4 ” waterline along Dodd - McLamb Rd A waterline extension to serve this subdivision with fire flow will have to be explored [ Emergency Services ] 26 Provide Water Mains and Pipe sizes on plans 27 Provide “ No Parking ” signage along access road at fire hydrant locations 28 Provide turn around details for access to lots on east side of pond septic lots 29 Provide a fire flow test 30 Provide fire hydrant distribution plan layout Special Uses Public Forum Only - No Vote Case 18 - 13 MOD Petition to Modify Special Use Permit To modify Special Use Permit that is zoned Community Business - Special Use District CB - SUD Tax ID 06H07013C Owner Amanda McNulty Applicant Amanda McNulty Location 36 acres located at 3919 Raleigh Rd in Cleveland Township Requested amendment Add the following allowable uses Private Tattoo Studio to the existing Special Use Permit Mr Marr introduced the case and referenced the information listed above Mr Marr stated that the existing land use was zoned CB - SUD and is used as a community arts center and single family dwelling Mr Marr stated that the surrounding land uses were zoned Agricultural Residential AR and used for residential and agricultural purposes Mr Marr stated that the area is located within a designated “ Low Density Residential Placetype ” on the County’s Envision Johnston Comprehensive Land Use Plan Mr Marr stated that the original SUP was approved in 2018 and has been in compliance with no violations or complaints noted Mr Marr also provided a copy of the original SUP with its conditions Mr Sasser asked about hours of operation on the original SUP 11Page2Mr Marr confirmed and stated those were the hours approved for the original SUP Ms Amanda McNulty , 3919 Raleigh Rd , Clayton , NC , Owner and Applicant , stated the particulars of the request and was present to answer any questions from the Board Ms McNulty stated that the intent is for a private tattoo studio that would not be open to the public and no walk - in appointments Ms McNulty stated that they are established artists Ms McNulty stated that she has already been in communication with Johnston County Environmental Health There was no further discussion Case 18 - 13 MOD will be heard by the Board of County Commissioners at their May 5 , 2025 meeting Consistency Statement This request is consistent with the Envision Johnston Comprehensive Land Use Plan section LU - 2 It states that in select locations , consider allowing compact communities as an option based on a request from applicants Commercial development in unincorporated areas , may consist of retail , restaurants , services , and office uses that serve the population of the immediate area Special Use Conditions 1 Permitted Uses To allow tattoo studio to be added to the already approved uses All other conditions will remain the same from the original special use permit Discussion Items There were no discussion items There being no further business , Ms Howard made a motion to adjourn , seconded by Mr Sasser and carried by a unanimous vote of 6 - 0 The meeting ended at 6 53 pm Respectfully submitted by _______________________________________ Jodie Gay , Secretary for the Board 12Page