November 4, 2019 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 126 Meeting of the Johnston County Board of Commissioners November 4 , 2019 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 4 , 2019 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Ted G Godwin , Vice Chairman Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , Patrick E Harris , and RS “ Butch ” Lawter , Jr Absent None Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , Finance Officer and Assistant County Manager J Chad McLamb , County Attorney Jennifer J Slusser , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Ted G Godwin called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Innovation Academy at South Campus – I CAN Global Summit in Rome Attendance Principal Lead Learner Kelly Johnson from the Innovation Academy at South Campus along with Johnston County Board of Education Chairman Mike Wooten requested the Board to consider allocating funds to help pay for the cost of the Pioneers Program students to attend the I CAN Global Summit in Rome during November Students within the Pioneers Program reported that they are one of only 15 schools chosen from the United States out of 300 applicants to attend the summit The students introduced themselves as follows Ashley Jara , Daisy Perales Olalde , Alex Wolfe , John Hall , Sarah Beth Williamson , Serenity Whitaker , Elizabeth Sasser and Clara Smith The students outlined the agenda for the summit and stated they will be representing Johnston County , North Carolina , as well as the United States at this global event The students reported it will cost them 27,000 to attend the summit and they have raised 19,000 towards that amount Mr Wooten thanked the Commissioners for allowing the students to address the Board and stated this is a very diverse group of students who will be ambassadors at this national event Mr Wooten stated the students have raised 19,000 towards the trip and he would appreciate any consideration by the Board of Commissioners Mr Wooten thanked the Commissioners for all they do for education in Johnston County Lead Learner Elizabeth Ham thanked the Commissioners for hearing the request She stated the project has been a long and wonderful journey and she appreciates the Board helping to advocate for the work of the students Commissioner Tony Braswell stated for full disclosure purposes , his son Aidan attends the Innovation Academy ; however , he is not a part of the Pioneers Program Commissioner Braswell stated the summit will be an academic trip that will bring Johnston County recognition on an international level and the students have earned the right to attend Commissioner Braswell stated he feels the Board of Commissioners should support the journey He noted that there will be parents attending along with the students , but they have elected to pay their own way Commissioner Tony Braswell moved the Board allocate 8,000 towards the cost of the trip for the students to attend the I CAN Global Summit Commissioner Chad M Stewart seconded the motion which carried by unanimous vote Chairman Ted G Godwin commented that this action is a positive thing and one he can fully support because the students in the Pioneers Program represent various locations all across Johnston County The Board wished the students good luck and safe travels when they attend the summit later this month 2 Public Library of Johnston County and Smithfield Update Jeff Jennings , Chairman of the Board of Trustees for the Public Library of Johnston County and Smithfield , addressed the Board to present an update on their current financial situation Mr Jennings presented the following information to the Board Page127 November 4 , 2019 – 6 00 pm Continued Mr Jennings reviewed the above information with the Board outlining the Library’s revenue sources He noted the miscellaneous revenue consists of investment income and various fees Mr Jennings reported the rest of their budget has been covered with fund balance over the last several years and over the last three years , the Library has used approximately 263,000 from their fund balance Mr Jennings continued that it was the Library Board’s understanding , after the Fiscal Year 2019 - 2020 budget was approved , that the fund balance was approximately 255,392 ; however , when new Library Director Renita Barksdale began her position , she brought some concerns to his attention regarding the actual fund balance remaining Mr Jennings reported once Ms Barksdale brought her concerns to him , they began to work with County Manager Rick Hester , Finance Director Chad McLamb , and Smithfield Town Manager Mike Scott to try and understand how much was left in their fund balance Mr Jennings reported after their review , they discovered that the fund balance was lower than originally thought and the balance now stands at approximately 86,000 Mr Jennings stated once they discovered the state of their finances , the Library Board immediately met and identified 55,000 in budget reductions as well as drew down 50,000 in investment income to help offset their budget shortfall Mr Jennings stated with those budget amendments , their budget shortfall now stands at approximately 125,000 Mr Jennings stated their expenses have risen faster than income over the years He noted that since he came on the Library Board in 2012 , the County has increased their funding allocation by 35,000 Mr Jennings reported the Town of Smithfield reduced their allocation in 2014 to 250,000 and it was not until this year that the Town increased their allocation by 20,000 Mr Jennings reported the State’s funding has increased onlyPage128 November 4 , 2019 – 6 00 pm Continued 10,000 in the last seven years He stated they have been using their fund balance to pay for their remaining needs Mr Jennings also noted they have been addressing employee salaries for cost of living adjustments and merit pay increases in accordance with the County employee salary adjustments as well as making adjustments based on a compensation study Mr Jennings also noted that he believes there was an unclear understanding by the Library Board as to where the fund balance was and how fast those funds were being spent over the last few years Mr Jennings stated they had received no communication that there was an issue regarding how fast the fund balance was being spent down He asked the County to consider allocating an additional 75,000 to the Library and noted they plan to request 50,000 from the Town of Smithfield Mr Jennings stated the Library does have some outside investment income ; however , those funds are earmarked for structural and interior improvements as well as anticipated matching grant funds Mr Jennings spoke on the services that the Library provides stating it also serves as a central hub for all the affiliates At the inquiry of Commissioner Jeffrey P Carver , Mr Jennings stated he would have to look into the Ogburn Donation made many years ago and how those funds have been used Mr Jennings noted they do receive some funds through investments , but he would have to look into exactly where those funds are generated Commissioner Tony Braswell thanked Mr Jennings and all the members of the Library Board of Trustees for their work and dedication Commissioner Braswell asked the County Manager for a recommendation County Manager Rick Hester stated at this time , his recommendation would be to provide the additional allocation of funds in the amount of 75,000 as requested , with the condition that staff continues to monitor the Library’s financials on a monthly basis Upon a motion by Commissioner Jeffrey P Carver , seconded by Commissioner Chad M Stewart , and carried unanimously , the Board voted to approve the additional allocation in the amount of 75,000 Commissioner Carver asked if the funds could be divided by the number of months remaining in the fiscal year and disbursed on a monthly basis to the Library Staff agreed and reported they would continue to work with Library 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – October 25 and November 1 , 2019 ; The Johnstonian News and The News in Review – October 23 and 30 , 2019 Certified letters were mailed to adjoining property owners on October 21 , 2019 Notices were posted at the locations on September 3 , 2019 for Cases 17 - 22 MOD and 19 - 19 The Chairman opened the Special Use Hearing for Case 17 - 22 MOD Case 17 - 22 MOD Petition to modify the Special Use Permit already approved for 575 acres out of a 312 - acre tract located at 11230 Covered Bridge Road SR 1700 in Wilders Township zoned General Business - Special Use District GB - SUD to allow for mini - storage buildings and boat , vehicle and RV storage to be added to the list of approved uses Tax ID 11L03025 Owner Ned Coleman Applicant Ned Coleman Those wishing to speak on Special Use Case 17 - 22 MOD were sworn in by the Clerk to the Board Page129 November 4 , 2019 – 6 00 pm Continued Planning Director Braston Newton introduced the special use case and stated the petition is to modify the special use permit for 575 acres out of a 312 - acre tract located at 11230 Covered Bridge Road in Wilders Township and zoned General Business - Special Use District He stated the modification would allow for mini - storage buildings and boat , vehicle and RV storage to be added to the list of previously approved uses Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 17 - 22 on July 30 , 2019 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On September 17 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 17 - 22 MOD and made the following recommendations Upon a motion by Ms Hackler to approve Case 17 - 22 Modification , seconded by Ms Stewart , with Mr Smith opposing , Case 17 - 22 Modification was recommended for approval by a vote of 6 - 1 at the September 17 , 2019 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated as to maintain or promote the public health , safety , and general welfare ; Applicant Provide sale and service to the public for landscaping , agricultural , and seasonal products 2 That the use of 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 all applicable regulations ; Applicant Property will fall under county and state regulatory agencies in regards to compliance , including stormwater , inspections , environmental , and NCDOT 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 Create and maintain a retail site and comply with state and local regulations Maintain the property in an attractive state such as to blend in with the surrounding property 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 Board of Commissioners Applicant Proposed use would add service and products in an area with strong residential growth and future proposed growth Similar products are not available in about a 10 - 15 mile radius of the area Rezonings are being granted and proposed in this area for other goods and services as growth continues Special Use Conditions 1 Permitted Uses Landscape nursery stock sales , feed and seed sales , farmers market , open storage , business - retail , retail center , mini - storage buildings and boat , vehicle and RV storage 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 A Class B 2 large trees , 3 small trees , and 9 shrubs every 100 linear feet landscape buffer shall be installed along all rezoning lines Existing natural vegetation may be used if equal or more intense Buffer shall not be required along eastern and southern rezoning boundaries 5 All signage shall comply with the sign code limited to one 60sf ground or monument sign only 6 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 7 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 8 Hours of operation shall be 7 00 AM to 7 00 PM 6 00 AM to 9 00 PM , seven days a week 9 Outdoor storage shall be contained within an 8 ’ opaque fence or sufficient vegetative screening Items in bold are recommended modifications to special use permit Mr Newton stated the existing land use is zoned General Business – Special Use District and used for a landscaping business The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes Mr Newton stated the traffic count for this portion of Covered Bridge Road is 830 vehicles per day and this portion of the road does not appear on the Comprehensive Transportation Plan as needingPagePage pageNumber5130 November 4 , 2019 – 6 00 pm Continued improvement Mr Newton stated this area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years Mr Newton reported in 2017 , the property was rezoned to General Business – Special Use District to allow for landscape nursery stock sales , feed and seed sales , farmers market , open storage , business - retail , and a retail center Applicant Ned Coleman stated they would like to add mini - storage along with boat , vehicle , and RV storage to the list of uses Mr Coleman stated he currently resides on the property and hopes to have the uses as an income stream Mr Coleman stated there is considerable surrounding growth including approximately ten residential subdivisions within a mile of the site along with a Dollar General close by Mr Coleman asked the Board to consider changing the hours of operation to allow 24 7 access , if the request is approved Matt Dean , 11095 Covered Bridge Road , stated he owns property directly across from the subject site and he also serves as the Vice President of the Archer Lodge Community Center Mr Dean spoke in opposition to the request and stated he feels the requested use is not compatible with the residential neighborhood Mr Dean stated there are several large properties in the area that are poised for high - end residential growth and the proposed use would have a more intense impact on those residential properties Mr Dean also expressed concerns as to how the proposed use could affect property values Mr Coleman readdressed the Board and stated he is familiar with a similar operation that is located in a more rural area than this and the owner of that operation has indicated to him that it does not impact the residential development in that area Mr Coleman also stated he proposes to construct the mini - storage units approximately 150 – 200 feet off the roadway Mr Coleman spoke on the traffic that could be generated by the use and stated he feels it would not be as intense as a residential development There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use condition There being no further comments , the Chairman recessed the Special Use Hearing for Case 17 - 22 MOD Decision on Special Use Case 17 - 22 MOD Case 17 - 22 MOD Petition to modify the Special Use Permit already approved for 575 acres out of a 312 - acre tract located at 11230 Covered Bridge Road SR 1700 in Wilders Township zoned General Business - Special Use District GB - SUD to allow for mini - storage buildings and boat , vehicle and RV storage to be added to the list of approved uses Tax ID 11L03025 Owner Ned Coleman Applicant Ned Coleman Based on the following findings of facts , Commissioner Tony Braswell moved the Board deny Case 17 - 22 MOD Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Finding of Facts 1 That the use or development is not located , designed , or proposed to be operated as to maintain or promote the public health , safety , and general welfare ; The surrounding properties are residential and the intensity of use proposed is not compatible with the surrounding area The applicant failed to produce substantial , material and competent evidence to show that the use or development was located , designed , or proposed to be operated as to maintain or promote the public health , safety , and general welfare 2 That the use or development does not appear 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 all applicable regulations ; The proposed use or development is not compatible with the surrounding residential area The proposed use fails to promote the organization of land uses so as to minimize conflicts between different types of land use activities 3 That the use or development is not located , designed , or proposed to be operated so as to maintain or enhance the value of contiguous property , nor is the use or development a public necessity ; The applicant failed to present substantial , material , and competent evidence that the use or development is located , designed , or proposed to be operated so as to maintain or enhance the value of contiguous property , nor that the use is a public necessity PagePage pageNumber6131 November 4 , 2019 – 6 00 pm Continued 4 That the use or development does not conform with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The proposed use or development is located in a Secondary Growth Area on the County’s Comprehensive Land Use Plan The proposed use or development is not consistent compatible with the existing surrounding agricultural residential land uses The Chairman opened the Rezoning Hearing for Case 19 - 19 and called for the Clerk to swear in anyone that wished to speak during the rezoning and or special use portions of Case 19 - 19 Case 19 - 19 Petition to rezone 625635 acres located on Rains Mill Rd east of Princeton - Kenly Rd in Boon Hill Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 04Q07020E , 04Q07009 , 04Q07005F , 04Q07005N , 04P10199B , 04Q07021B , 04Q07011A , 04Q07020 , 04Q07023 , 04P10033C , 04P10033D , 04Q07013B , 04Q07014C Owner Norwood Mark Holland & others Applicant Hanson Aggregates Southeast , LLC Those wishing to speak on Case 19 - 19 were sworn in by the Clerk to the Board Planning Director Braston Newton stated the petition is to rezone 625635 acres located on Rains Mill Road east of Princeton - Kenly Road in Boon Hill Township from Agricultural Residential to Industrial 2 – Special Use District He noted the special use request associated with the rezoning is to allow for a mining quarry operation and extraction of earth products Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan , which denotes an area in which high levels of growth pressures exist or are anticipated near term Mr Newton stated the traffic count on Rains Mill Road is 2,300 vehicles per day and it does not appear on the Comprehensive Transportation Plan as needing improvement Princeton Mayor Don Rains addressed the Board in support of the rezoning and special use request Mayor Rains spoke on the economic contributions that the quarry has made in the area and noted Hanson has been a leader in making sure Princeton remains a thriving community Attorney Gray Styers , 434 Fayetteville Street , Raleigh , representing Applicant Hanson Aggregates Southeast , LLC , addressed the Board Mr Styers stated both the rezoning and special use permit application hearings are before the Commissioners and he requested the Board to consider his presentation , any documentation submitted for the record , as well as any testimony given during the rezoning portion of the hearing as part of the special use hearing , whereupon the Chairman agreed Mr Styers stated Hanson Aggregates takes their role in Johnston County very seriously and is proud to be a part of the community for many years to come Mr Styers introduced the following individuals to the Board and noted they will be available for any questions ? Scott Dickson , Vice President and General Manager for Hanson Aggregates Southeast ? David Little , Director of Operations Services for Hanson Aggregates ? Darren McManus , Operations Manager for North Carolina Hanson Aggregates ? Alan Burnette , Director of Resource Development for Hanson Aggregates Southeast ? Jack Garvey , North Carolina Environmental Manager for Hanson Aggregates ? Brett Brown , General Manager for Hanson Aggregates North and South Carolina ? Don Harvey , Princeton Hanson Aggregates Quarry Plant Manager ? Rachel Kirkman , Senior Geologist with Golder Associates ? Gage Miller , Senior Environmental Scientist with Golder Associates ? Sal Mohammad , Engineer and Air Quality Permitting Consultant with Golder Associates ? Matthew Pilz , Vice President & Southeast Regional Manager of Vibra - Tech , Inc ? Stephen Greene , Transportation Engineer with Ramey Kemp Associates ? Rich Kirkland , North Carolina State Certified General Appraiser with Kirkland Appraisals , LLC ? Tyrus Clayton , Civil Engineer with Draper Aden Associates Mr Styers stated Hanson Aggregates has been operating a quarry at this location since 1976 and the existing operation predates countywide zoning Mr Styers explained that when the County adopted zoning maps in 1991 , the majority of this section of Johnston County was zoned Agricultural Residential ; therefore , the quarry has not been consistent with the County’s current zoning ordinance Mr Styers stated the request before thePagePage pageNumber7132 November 4 , 2019 – 6 00 pm Continued Board is to correct that discrepancy as well as bring the existing quarry into conformity with the current zoning ordinance and accommodate the long - term growth plans for the quarry Mr Styers continued that Johnston County has been growing very rapidly and with that growth , the quarry has had to expand to keep up with building demands for roads and development Mr Styers reported in 2012 there was 11 million tons extracted from the quarry compared with 15 million tons in 2018 and the quarry is on track to extract 16 million tons in 2019 , which is a 45 increase in the last seven years Mr Styers stated it is their hopes to have the rezoning and special use permit approved in order to secure entitlements and confirm plans that the quarry has been working on to make sure there is a sufficient supply of aggregate for Johnston County well into the future Mr Styers presented the following information to the Board Existing Quarry OperationPagePage pageNumber8133 November 4 , 2019 – 6 00 pm Continued Mr Styers reviewed an aerial photo of the existing quarry operation with the Board and noted that the main entrance will remain in the same location in the future He stated the existing plant location will also not change or be relocated Mr Styers noted in the above aerial photograph that parcels 7 and 8 are the existing quarry operation and parcels 1 – 6 are additional parcels that Hanson Aggregates has under option with the intent to purchase Mr Styers spoke on the consistency of the request with the County’s Comprehensive Land Use Plan and stated the quarry operation is located within a designed Primary Growth Area in the plan PagePage pageNumber9134 November 4 , 2019 – 6 00 pm ContinuedPage0135 November 4 , 2019 – 6 00 pm Continued Mr Styers stated the quarry operation encourages economic development , creates employment opportunities , and the existing infrastructure as well as roads in the area are sufficient to support the existing and future quarry operations Mr Styers reviewed the above existing and future quarry operation plans with the Board He noted that to be consistent with the existing operation , all future operations would be surrounded by seeded and landscaped berms Page1136 November 4 , 2019 – 6 00 pm Continued Mr Styers stated reclamation plans must be approved by the State of North Carolina and are very heavily regulated He noted often the quarries , once operations have ceased , are used as water reservoirs Mr Styers summarized the presentation by stating every aspect of quarry operations are regulated by the North Carolina Department of Environmental Quality - Land Management , Water Quality , and Air Quality Divisions Mr Styers also stated the hauling , sorting , and sales plans would not change and any modifications would have to come back before the Board of Commissioners for approval Mr Styers submitted a binder of sworn affidavits and supporting documentation for the record and reviewed its contents with the Board , as follows Page2137 November 4 , 2019 – 6 00 pm Continued Mr Styers reviewed the following Findings of Fact for the request with the Board as contained within the Project Narrative submitted for the record as well as the corresponding affidavits , which support the findings Finding of Facts for the Special Use 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 , and general welfare ; Applicant See Response in Applicant’s Project Narrative under Standards for Special Uses - Article IV , Section 14 - 253 1 – Findings of Fact Response Quarries are subject to extensive federal and state regulation , enforced by the Division of Energy , Mineral , and Land Resources of the North Carolina Department of Environmental Quality “ DEQ ” Hanson must have a detailed mining permit issued by DEQ in order to modify , and it must operate the quarry consistent with that permit The quarry is subject to regular , as well as unannounced , inspections by regulators The purpose of these regulations is to maintain and promote the public health , safety , and general welfare The Princeton Quarry has been in operation at this location for more than 40 years Public health , safety and general welfare are emphasized and in the forefront of all day - to - day operational decisions Upon information and belief , this quarry has never received a violation of any law or regulation The quarry has always been maintained , managed and operated , and will continue to be maintained , managed and operated , to the highest industry standards The expansion of the excavation areas will not change the facilities located at the existing quarry site The crushing equipment , sorting , stock piling , offices , and egress and ingress locations will all remain the same These facilities have been , and will continue to be , located designed , and operated in a way that maintains the public health , safety , and general welfare , including for the residents and people living , working , and traveling near the existing and expanded operations 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 all applicable regulations ; Applicant See Response in Applicant’s Project Narrative under Standards for Special Uses - Article IV , Section 14 - 253 2 – Findings of Fact Response As explained in detail in this Project Narrative including in the preceding Response , and the documents provided herewith , and as shown on the site plan , this facility , and the proposed new excavation locations , complies and will comply with all required use and intensity regulations of the Land Development Code , Articles II and VI of this chapter , and the applicable specific standards contained in section 14 - 257 as well as with all applicable State , Federal and local regulations and other ordinances and resolutions This quarry has been in operation and serving Johnston County from its current location for more than 40 years and has remained in compliance with the Johnston County Land Development Code as well as all State , Federal and local regulations Page3138 November 4 , 2019 – 6 00 pm Continued 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 See Response in Applicant’s Project Narrative under Standards for Special Uses - Article IV , Section 14 - 253 3 – Findings of Fact Response As explained in Section IV above , the materials supplied by the quarry are a public necessity for Johnston County The excavated materials from the quarry are used for infrastructure and development in this rapidly growing area of North Carolina In addition , and in the alternative , Hanson will also submit expert witness testimony at the public hearing that the quarry – as it is to be located , designed , and proposed to be operated – will maintain or enhance the value of contiguous property The evidence will be based in part on documented sales and re - sales of property in proximity to operating quarries 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 Board of Commissioners Applicant See Response in Applicant’s Project Narrative under Standards for Special Uses - Article IV , Section 14 - 253 4 – Findings of Fact Response As explained in greater detail in Section IV above , the current and proposed continued use of the quarry and in the proposed new areas conform with general plans for the physical development of the County’s planning jurisdiction as embodied in this chapter , the County strategic plan , or other development policies as adopted by the Board of Commissioners Rezoning the property from AR to I - 2 SU will bring the land used by the existing quarry – and to be used in the future – into conformity with the zoning Ordinances and with the 2030 Comprehensive Land Use Plan Mr Styers reported Hanson Aggregates mailed notices to property owners in the area inviting them to a community meeting held on May 21 , 2019 and incorporated the feedback received at that community meeting into their plans He continued that another notice was sent to the area property owners on June 25 , 2019 which included a draft mining map and asked for further feedback with none being received at which point , the application was filed with the County in August of 2019 Mr Styers asked that in addition to the binder of information including the project narrative and affidavits with supporting documentation , for the application to be entered into the record and he offered to answer any questions Mr Styers noted the Planning Board recommended approval with some slight modifications to the special use conditions At the inquiry of Chairman Ted G Godwin , Mr Styers reviewed with the Board how the conveyor system utilized by Hanson Aggregates at their Rocky Mount operation is designed and regulated for safety and noted it would be a similar type system used at the Princeton operation once the quarry expands Mr Styers stated the conveyor system in Rocky Mount has been in operation for a number of years with no problems He stated the Department of Environmental Quality inspects the system Chairman Godwin asked about the noise level for explosions at the beginning of a new quarry location versus an existing operation Matthew Pilz , Vice President & Southeast Regional Manager of Vibra - Tech , Inc provided an overview of how a new quarry operation begins and how those operations must stay within regulated guidelines for air pressures and ground vibrations Commissioner Tony Braswell noted that at the Planning Board meeting , there were some concerns expressed about the possible dewatering of nearby water wells Commissioner Braswell continued that in the affidavit submitted by Rachel Kirkman , it states “ the quarry expansion will not prevent availability of drinking water to adjacent properties ” Commissioner Braswell asked if the quarry operation could cause the dewatering of nearby wells Rachel Kirkman , Senior Geologist with Golder Associates , responded to Commissioner Braswell’s questions and provided an overview of how they collect data and make assumptions based on the collection of that data Ms Kirkman stated they studied the geology of the expansion parcels as well as performed a well survey in the area in an effort to determine how many area property owners utilize a well or are connected to the County’s water system Ms Kirkman stated for those that utilize a well , most of those residents utilize their wells for garden watering and washing cars while being connected to the County’s water system for drinking water Ms Kirkman stated there are a few deep bedrock wells that could be slightly impacted , but she noted it is commonplace to put safeguards in place to monitor conditions in an effort to determine if there is any dewatering Ms Kirkman also noted that many factors must be considered such as pumping rates and area rainfalls to determine if any dewatering is actually being caused by quarry operations Commissioner Larry Wood asked for the life expectancy of the expansion parcels Page4139 November 4 , 2019 – 6 00 pm Continued Mr Styers stated while the life expectancy depends on the pace of growth and how much aggregate is extracted , they are looking at a 100 year plan Upon a question by Commissioner Butch Lawter , Stephen Greene , Transportation Engineer with Ramey Kemp Associates , reported the quarry generates 720 vehicles per day currently and they do not anticipate any additional traffic Commissioner Lawter noted Hanson has requested in the special use conditions , the ability to operate 24 7 and asked for the reasoning behind this request Mr Styers explained that Hanson is in the business of serving their customers and one of their primary customers is the North Carolina Department of Transportation Mr Styers stated the Department of Transportation sometimes works at night on road paving projects and would need the quarry to be open and accessible during those hours Mr Styers also noted that the existing quarry has been operating 24 7 since their opening many years ago and he stated when they are operating at night , they try to do so in a way that it does not disturb the neighboring properties Kevin Dougherty , representing the Johnston County Economic Development Advisory Board , spoke in support of the rezoning and special use request by Hanson Mark McDonnell , Economic Development Council Chair with the Triangle East Chamber of Commerce , spoke in support of the rezoning and special use request by Hanson and submitted a statement of support for the record There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman closed the Rezoning Hearing for Case 19 - 19 Decision on Rezoning Case 19 - 19 Case 19 - 19 Petition to rezone 625635 acres located on Rains Mill Rd east of Princeton - Kenly Rd in Boon Hill Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 04Q07020E , 04Q07009 , 04Q07005F , 04Q07005N , 04P10199B , 04Q07021B , 04Q07011A , 04Q07020 , 04Q07023 , 04P10033C , 04P10033D , 04Q07013B , 04Q07014C Owner Norwood Mark Holland & others Applicant Hanson Aggregates Southeast , LLC Commissioner Larry Wood moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 19 Commissioner Patrick E Harris seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 19 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag IDs 04Q07009 , 04Q07005F , 04Q07005N , 04P10199B , 04Q07021B , 04Q07011A , 04Q07020 , 04Q07020E , 04Q07023 , 04P10033C , 04P10033D , 04Q07013B , 04Q07014C located on Rains Mill Road , Old Cornwallis Road , and Edwards Road in Princeton , North Carolina as shown on the attached Exhibit A , from Agricultural Residential to Industrial 2 - Special Use District to allow for a mining quarry operation ; extraction of earth products WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; andPage5140 November 4 , 2019 – 6 00 pm Continued WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates , and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3 “ Diversify and expand the economy ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The Industrial 2 - Special Use District zoning is compatible with surrounding land uses 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD th Adopted this the 4 day of November , 2019 The Chairman reopened the Special Use Hearing for Case 19 - 19 Case 19 - 19 To allow for a mining quarry operation ; extraction of earth products Tax ID 04Q07020E , 04Q07009 , 04Q07005F , 04Q07005N , 04P10199B , 04Q07021B , 04Q07011A , 04Q07020 , 04Q07023 , 04P10033C , 04P10033D , 04Q07013B , 04Q07014C Owner Norwood Mark Holland & others Applicant Hanson Aggregates Southeast , LLC Speakers were previously sworn in during the rezoning hearing by the Clerk to the Board for Case 19 - 19 At the request of Attorney Gray Styers , on behalf of Applicant Hanson Aggregates Southeast LLC , the Chairman accepted all the testimony given and evidence submitted during the rezoning portion of the hearing into the record as part of the special use consideration Planning Director Braston Newton introduced the special use case and stated the petition is to allow for a mining quarry operation and extraction of earth products Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 19 - 19 on July 31 , 2019 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On September 17 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 19 - 19 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 19 - 19 , seconded by MsHackler , Rezoning Case 19 - 19 was approved by a unanimous vote of 7 - 0 at the September 17 , 2019 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 19 - 19 with the changes to Condition # 4 , # 7 and # 95 D , seconded by Mr Massengill , the Special Use Conditions for Rezoning Case 19 - 19 was approved by a unanimous vote of 7 - 0 at the September 17 , 2019 Planning Board Meeting Page6141 November 4 , 2019 – 6 00 pm Continued Finding of Facts for the Special Use 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 , and general welfare ; Applicant See Response in Applicant’s Project Narrative under Standards for Special Uses - Article IV , Section 14 - 253 1 – Findings of Fact Response Quarries are subject to extensive federal and state regulation , enforced by the Division of Energy , Mineral , and Land Resources of the North Carolina Department of Environmental Quality “ DEQ ” Hanson must have a detailed mining permit issued by DEQ in order to modify , and it must operate the quarry consistent with that permit The quarry is subject to regular , as well as unannounced , inspections by regulators The purpose of these regulations is to maintain and promote the public health , safety , and general welfare The Princeton Quarry has been in operation at this location for more than 40 years Public health , safety and general welfare are emphasized and in the forefront of all day - to - day operational decisions Upon information and belief , this quarry has never received a violation of any law or regulation The quarry has always been maintained , managed and operated , and will continue to be maintained , managed and operated , to the highest industry standards The expansion of the excavation areas will not change the facilities located at the existing quarry site The crushing equipment , sorting , stock piling , offices , and egress and ingress locations will all remain the same These facilities have been , and will continue to be , located designed , and operated in a way that maintains the public health , safety , and general welfare , including for the residents and people living , working , and traveling near the existing and expanded operations 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 all applicable regulations ; Applicant See Response in Applicant’s Project Narrative under Standards for Special Uses - Article IV , Section 14 - 253 2 – Findings of Fact Response As explained in detail in this Project Narrative including in the preceding Response , and the documents provided herewith , and as shown on the site plan , this facility , and the proposed new excavation locations , complies and will comply with all required use and intensity regulations of the Land Development Code , Articles II and VI of this chapter , and the applicable specific standards contained in section 14 - 257 as well as with all applicable State , Federal and local regulations and other ordinances and resolutions This quarry has been in operation and serving Johnston County from its current location for more than 40 years and has remained in compliance with the Johnston County Land Development Code as well as all State , Federal and local regulations 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 See Response in Applicant’s Project Narrative under Standards for Special Uses - Article IV , Section 14 - 253 3 – Findings of Fact Response As explained in Section IV above , the materials supplied by the quarry are a public necessity for Johnston County The excavated materials from the quarry are used for infrastructure and development in this rapidly growing area of North Carolina In addition , and in the alternative , Hanson will also submit expert witness testimony at the public hearing that the quarry – as it is to be located , designed , and proposed to be operated – will maintain or enhance the value of contiguous property The evidence will be based in part on documented sales and re - sales of property in proximity to operating quarries 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 Board of Commissioners Applicant See Response in Applicant’s Project Narrative under Standards for Special Uses - Article IV , Section 14 - 253 4 – Findings of Fact Response As explained in greater detail in Section IV above , the current and proposed continued use of the quarry and in the proposed new areas conform with general plans for the physical development of the County’s planning jurisdiction as embodied in this chapter , the County strategic plan , or other development policies as adopted by the Board of Commissioners Rezoning the property from AR to I - 2 SU will bring the land used by the existing quarry – and to be used in the future – into conformity with the zoning Ordinances and with the 2030 Comprehensive Land Use Plan Specific Land Uses APPLICANT To allow for Mining Quarry Operation ; Extraction of Earth Products Special Use Conditions 1 Permitted Uses Mining Quarry Operation ; Extraction of Earth Products 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Saturday dawn to dusk 24 hours a day 7 days a week 5 No advertisement signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area , unless utilized for a vegetative berm 8 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d Page7142 November 4 , 2019 – 6 00 pm Continued 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition Page8143 November 4 , 2019 – 6 00 pm Continued c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 80 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county Items in bold were added by the Planning Board during the meeting There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman closed the Special Use Hearing for Case 19 - 19 Decision on Special Use Case 19 - 19 Case 19 - 19 To allow for a mining quarry operation ; extraction of earth products Tax ID 04Q07020E , 04Q07009 , 04Q07005F , 04Q07005N , 04P10199B , 04Q07021B , 04Q07011A , 04Q07020 , 04Q07023 , 04P10033C , 04P10033D , 04Q07013B , 04Q07014C Owner Norwood Mark Holland & others Applicant Hanson Aggregates Southeast , LLC Based on the following findings of facts and special use conditions , Commissioner Butch Lawter moved the Board authorize the Planning Department to issue a special use permit for Case 19 - 19 to allow for a mining quarry operation and extraction of earth products on 625635 acres located on Rains Mill Road east of Princeton - Kenly Road in Boon Hill Township Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Finding of Facts for the Special Use 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 , and general welfare ; The Princeton Quarry has been in operation at this location for more than 40 years Quarries are subject to extensive federal and state regulation , enforced by Division of Energy , Mineral and Land Resources of the North Carolina Department of Environmental Quality “ DEQ ” The expansion of the excavation areas will not change the facilities located at the existing quarry site Hanson must have a detailed mining permit issued by DEQ in order to modify , and it must operate the quarry consistent with that permit The quarry is subject to inspections by regulators , both scheduled and unannounced 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 all applicable regulations ; The Princeton Quarry has been in operation at this location for more than 40 years and prior to the adoption of County zoning At the time of the initial zoning , the County generally classified the entire area Agricultural Residential AR without undertaking an individualized , parcel - by - parcel determination of existing uses , resulting in an inconsistencyPage9144 November 4 , 2019 – 6 00 pm Continued between the zoning district classification and the existing use The facility complies with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards contained in section 14 - 257 as well as with all applicable State , Federal , and local regulations and other ordinances and resolutions 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 ; The excavation and processing of aggregate materials at appropriate locations , such as on these Parcels , is a public necessity for the economic health , vitality , and growth of Johnston County Expert evidence supports that the quarry , as it is to be located , designed , and proposed to be operated , will maintain or enhance the value of contiguous property based on documented sales and re - sales of property in the proximity to operating quarries 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 Board of Commissioners The rezoning and special use requests are consistent with the future Land Use Map , in that the properties are located within a Primary Growth Area , and further , with the Comprehensive Land Use Plan in that they align with “ Goal 3 Diversify and Expand the Economy ” and “ Goal 6 Preserve Farmland ” The requests are reasonable and in the public interest in that the use can be limited in scope through the application of Special Use Conditions as imposed below , and the proposed development meets the standards found in the Johnston County Land Development Code The conditions will ensure that the request is compatible with th