January 6, 2020 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 188 Meeting of the Johnston County Board of Commissioners January 6 , 2020 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , January 6 , 2020 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 Community Strong 5K Run & Walk Event Invitation Logan Allen invited the Commissioners to participate in the Community Strong 5K Run & Walk Event on March 21 , 2020 at the Four Oaks Elementary School Mr Allen stated proceeds from the event will go towards new playground equipment for the Four Oaks Elementary School and will be in memory of Brock Currens , a former Four Oaks Elementary School Cardinal Commissioner Tony Braswell stated the event is very admirable and he expressed the Board’s deepest sympathy on the loss of Mr Currens B Citizen Comments – Denton Lee Denton Lee of the Cleveland Community in Johnston County thanked the Board of Commissioners for taking on issues involving solid waste disposal as well as strategic growth planning and shared his thoughts with the Board through the following statement Good evening First of all , thank you for all you do for our County , and the many hours you spend away from your families providing the services and governance for our County Our County is well managed and the envy of many local governments around us We are quick to complain and slow to commend you for the heavy lifting you do So , from this life - long citizen , thank you I also want to thank you for taking on two very tough and divisive issues that you will continue to discuss this evening strategic growth planning and our process for dealing with residential solid waste I urge you to take bold and courageous steps to adopt updated policies in these areas As a resident of Cleveland Township since 1974 , I have witnessed and participated in the massive changes that have occurred in western Johnston County over the past 46 years As a member of our School Board in the mid - 90 ’ s , I participated in the construction of Cleveland Elementary School , the first new school built in western Johnston County since the original Cleveland School was built in 1926 This school served the students of Cleveland and McGee’s Crossroads for 70 years before being replaced It is hard to imagine that in the 25 years since Cleveland Elementary was constructed , we have built 4 more elementary schools , 3 middle schools , and 2 high schools in the Cleveland and McGee’s Crossroads communities that’s 10 new schools in 25 years , and it is highly likely that many , many more are going to be needed in these communities in the next 25 years if the current pace of growth continues In 1974 homes could only be built if the land could sustain a well and septic tank As a Cleveland volunteer fireman , we built and maintained our fire station and trucks with donations and fundraisers As a side note , in our door - to - door fundraising , I actually had citizens tell me they didn’t need to give anything because they had never needed fire service Imagine that Fast forward to the present almost all the 40,000 + citizens in Cleveland and McGee’s have access to County water and we all pay equitably now for our fire and rescue service Many residents and businesses now rely on County sewer as well Our County law enforcement is well managed andPage189 January 6 , 2020 – 6 00 pm Continued does a great service providing coverage in our communities Duke Energy provides reliable power , and the NCDOT has major , multi - million dollar road projects underway in our communities All of these services and more used to be the purview of incorporated towns Whether by choice or circumstance , county government has taken on the surrogate role of town council for these large , highly populated , fast growing , and unincorporated areas of our County The incentive to incorporate passed a long time ago when county government chose to take on these services It is highly unlikely a vote to incorporate would pass By default then , that is your role , as town council for these communities , and wishing it wasn’t so is not a strategy So , how do we handle that role when at least half of our County is not sharing in that economic windfall Can we create special districts in these high - growth areas that will assist you in providing planning and zoning , parks and recreation , and other services that protect and maintain our quality of life , so that these services are paid for by these high - growth communities and don’t become a burden on taxpayers in other parts of our County Almost half the counties in North Carolina are losing population I believe we would all agree that growth is a great problem to have , along with the growing tax base that shares the cost of services for all of us , and allows us to be more progressive with our infrastructure , our schools , our healthcare , and issues that impact our quality of life But , with that growth comes the awesome responsibility to manage the growth responsibly in a way that it can be sustained for existing and new residents One change you are considering , and I highly support , is that the best place to allow dense housing or multi - family development or residential housing that relies on sewer services is within the territorial jurisdiction of incorporated towns that have the core services already in place Our schools , roads , and available recreational space simply cannot sustain the density of recent growth in these unincorporated communities I implore you to make the hard decisions necessary with building and zoning policies so that appropriate rural development can continue to thrive , and our towns can also grow I also ask you to consider elimination of the set - aside for developers wishing to avoid paying the Open Space Fee The property that is often set aside is unusable and contributes nothing to the available recreation space in our communities Simply make all developers pay the fee so that usable open space can be acquired and maintained with that funding As we head into a new decade , what policy changes are needed so that we continue to be the best place in North Carolina to live , work , and play If we do nothing , are we ready to build 10 new schools in Cleveland and McGee’s in the next 20 years Are we ready for that new debt As a final thought , even though I personally use a commercial trash service , I would support elimination of trash decals so that all citizens have access to county dumpsters I am perfectly willing to pay a little extra so that maybe last week would be the last time I have to pick up someone else’s garbage from my woods Thank you for your time and your service to Johnston County The Board thanked Mr Lee for his comments 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – December 20 and 27 , 2019 and January 3 , 2020 ; The Johnstonian News and The News in Review – December 18 and 26 , 2019 and January 2 , 2020 Certified letters were mailed to adjoining property owners on December 18 , 2019 Notices were posted at the locations on October 30 , 2019 for Cases 03 - 46 MOD and 19 - 23 The Chairman opened the Special Use Hearing for Case 03 - 46 MOD Case 03 - 46 MOD Petition to modify the current special use located at Camelia Road and Raleigh Road in the Elevation Township that is currently zoned Industrial 2 – Special Use District I - 2 SUD Tax ID 07G09061C , 07G09061 , 07G99010I , 07E07199C , 07F09025A , & 07F09026 Owner MG & Betty Johnson , Teresa Blackmon , & Martin Marietta Materials , Inc Applicant Martin Marietta Materials , Inc Special Use Request To remove condition 4 “ Operation hours for excavation and transporting materials Monday - Saturday , dawn to dusk ” from the special use conditions Those wishing to speak on Special Use Case 03 - 46 MOD were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to modify the special use permit for property located at Camelia Road and Raleigh Road in the Elevation Township currentlyPage190 January 6 , 2020 – 6 00 pm Continued zoned Industrial 2 – Special Use District Mr Newton stated the modification requested would remove condition # 4 from the special use conditions which states “ Operation hours for excavation and transporting materials Monday - Saturday , dawn to dusk 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 03 - 46 on September 10 , 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 November 19 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 03 - 46 and made the following recommendations Upon a motion by Ms Hackler to approve Case 03 - 46 MOD as requested , seconded by Mr Smith , Case 03 - 46 MOD was approved as requested by a unanimous vote of 7 - 0 at the November 19 , 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 Many paving projects now require night work by contractors to minimize inconvenience to the public Those projects require base for the roadbed and specialized stone for the asphalt and concrete , the ingredients of both of which are predominantly stone These materials must be supplied on the same schedule as is being worked by the contractor Extended quarry hours may shorten the time the public is exposed to the hazards of a particular project by reducing both the project duration and the number of fully loaded trucks on the road during the day 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 Benson Quarry currently operates in compliance with the approved Johnston County Special Use Permit This modification would only alter the quarry’s hours of operations The facility operates in compliance with a mining permit issued by the North Carolina Department of Environmental Quality NCDEQ Division of Energy , Mineral and Land Resources DEMLR , a discharge permit issued by NCDEQ DEMLR , and an air permit issued by NCDEQ Division of Air Quality DAQ 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 State and local governments now specify that many projects be done at night Stone is a necessity for those projects , whether as base or as the primary ingredient in both concrete and asphalt These projects cannot proceed without it Preventing a supplier like Benson Quarry from bidding for these projects will increase their costs and ultimately extend the duration of the project Existing berms and buffers provide both visual and noise barriers from contiguous properties 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 The use and development were approved in 2003 and modified in 2015 Martin Marietta requests modification of the special use permit to remove condition 4 “ Operation hours for excavation and transporting materials ; Monday - Saturday , dawn to dusk ” Current construction practices require stone to be shipped at night to fulfill the demands of major projects , which often include nighttime construction Specific Land Uses APPLICANT No change in land use being requested Original Special Use Conditions - 2003 1 Requirements established by Land Development Code Johnston County Code of Ordinances CD14 66 re Mining operations d Extraction of earth products , mining operations Note The removal of top soil , and other surface grading activities are exempted from this section 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 ;Page191 January 6 , 2020 – 6 00 pm Continued 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 methods 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 minute 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 dustfree 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 PagePage pageNumber5192 January 6 , 2020 – 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 feet above the original contour and shall be so graded that the vertical slope shall not exceed the material’s 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 Special Use Modification Case 03 - 46 – 2015 Special Use Modification Petition Petition to modify the Special Use Permit on a portion of two tracts totaling 182 acres zoned Industrial - 2 Special Use District I2 - SUD located along Camelia Rd in the Elevation Township The modification is to allow a temporary construction access on Camelia Rd and a modification to their proposed site plan Tax ID 07G09061C and 07G09061 Owner MG Johnson and Betty Jo J Peterson Applicant Martin Marietta Materials , Inc Special Use Conditions 1 Permitted Uses Mining Operation 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 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Prior to any blasting on the new property , and subject to the property owners ’ permission , a pre - blast survey will be performed by an independent consultant , at Martin Marietta’s expense , on all non - company owned , occupied structures existing as of the date of the permit , within 1000 feet of the proposed blasting activities on the property , with a copy of the result provided to each property owner A record of the seismograph reading of each blast event will be kept for a minimum of five years at the quarry office and may be inspected by the County Manager or his designee No explosives will be stored on the property and will be brought onto the site the day of the blast 9 Martin Marietta will provide a property value guarantee to neighboring property owners within 1,000 feet of the perimeter of the property on their homes and the land on which the home is situated This would not include vacant , unimproved land 10 Within at least 1 year of anticipated relocation , applicant will submit to the Board an operation plan , as per ordinance subsection 2 , and will notify neighbors of the same 11 Special attention to buffer standards , per 5 g of Code of Ordinances CD 14 66 12 The County’s 24 - month window , according to Special Use Permit , would be waived to the extent necessary in this instance Not to exceed 5 years 13 No entrance to the mining operation on Camelia Road 14 A temporary construction entrance along Camelia Road This entrance can only be used for twelve months after Planning Staff has been notified of operation by Martin Marietta 15 Access on Camelia Road entrance will be limited to Monday - Friday from dawn to dusk 16 The temporary construction entrance will be accessed a maximum of one day a week , for maintenance only , after the twelve month expiration 17 NCDOT driveway permit will be required for access 18 The following shall apply Land Development Code Section 14 - 257 d PagePage pageNumber6193 January 6 , 2020 – 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 PagePage pageNumber7194 January 6 , 2020 – 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 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 Mr Newton stated the existing land use is a mining quarry operation The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes with the exception of properties zoned Industrial 2 and Industrial 2 – Special Use District with one of those properties being used as an asphalt plant Mr Newton reported the traffic count for this portion of Raleigh Road is 1,800 vehicles per day and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton stated the area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Newton noted if the modification to remove condition # 4 is approved , it would allow for the excavation and transporting of materials 24 hours a day and seven days a week 24 7 Attorney Rob Schaaf with Daughtry , Woodard , Lawrence , and Starling , representing Applicant Martin Marietta Materials , Inc introduced Phillip Presley and David Crosby from Martin Marietta to answer specific questions for the modification request Mr Presley addressed the Board and stated the modification has been pushed on them somewhat due to the North Carolina Department of Transportation’s DOT desire to work at night and with these types of DOT construction jobs , there is no room to stockpile He continued that Martin Marietta is currently allowed some limited plant operations at night , and with the ongoing Interstate 40 and Interstate 95 construction projects , they need to be able to provide product at night in order to meet DOT construction demands In response to questions from Commissioners Larry Wood and Chad M Stewart , Mr Presley stated he is hesitant to give a timeframe as to the construction period of the DOT projects because they are essentially ongoing Mr Presley stated they are currently allowed to crush rock at night , but cannot excavate or transport the material Mr Presley stated Martin Marietta’s internal policy is they do not blast at night Mr Presley reported the main concern is that they cannot take the material , load it in the contractors ’ trucks , and let it leave from the site at night Mr Presley explained they do not own hauling trucks , but rather sell their product to customers who have their own routes He stated they used to have a temporary access on Camelia Road , but that is now closed and no longer in use Commissioner Butch Lawter commented that it has been at least five years since the DOT began moving more and more towards nighttime construction Commissioner Lawter continued that he thinks the DOT may have restrictions on their hauling contracts that the contractors must be able to haul at night for larger projects Commissioner Lawter asked Mr Presley if he foresees that changing in the future Mr Presley responded that he does not foresee the DOT changing their policy in the future At the inquiry of Commissioner Stewart , Mr Presley stated to his knowledge , there have been no trucks loaded and allowed to leave from their property at night He indicated there may be other equipment that hasPagePage pageNumber8195 January 6 , 2020 – 6 00 pm Continued back - up alarms moving on the property which is what the residents might be hearing , but no trucks outside of their operation have been loaded and allowed to leave Don Earnest , 9820 US Hwy 301 S , stated the current operation usually stops somewhere around 11 00 pm to midnight and he thinks the noise mainly comes from the conveyors and rock crushers which are very loud Mr Earnest stated he is not anti - business , but there needs to be a compromise and a 24 7 operation is not a compromise to the surrounding residents Mr Earnest stated he lives close enough to the operation that he can see the lights on the conveyor towers , but he has never complained because he always felt the operation was reasonable since the noise stopped around 11 00 pm Mr Earnest stated he is just looking for some kind of compromise Commissioner Wood stated ST Wooten has an asphalt plant across the street and he asked Mr Earnest if there have been any issues with that plant Mr Earnest responded he has had no issues with the asphalt plant trucks Commissioner Lawter stated he thinks the ST Wooten asphalt plant is a 24 - hour operation Upon a question by Commissioner Tony Braswell , Mr Earnest stated he has lived there since 1975 and the residents would like to have at least 9 hours to sleep Commissioner Stewart asked if a community meeting was held with the neighbors Mr Earnest stated he is not aware of any community meeting and only found out about this hearing through the newspaper Miranda McLean , 10008 US Hwy 301 S , stated she lives at the intersection of Hwy 301 and Raleigh Road , was born and raised there , and has owned property there since the 1970s Ms McLean stated she can hear beeping coming from the property until around 11 00 pm and then it usually stops and that Martin Marietta has been good neighbors Ms McLean noted that she witnessed trucks coming out of the property as late as 11 30 pm last year Ms McLean stated she does not complain about the operation and is okay with things running until 11 00 pm ; however , she does have a concern for operations after that Ms McLean stated the area is residential and she would like to have some kind of compromise for the residents so they can have some kind of quality of life Ms McLean reported the ST Wooten asphalt plant across the street is not always in operation and they only occasionally haul out of that site a few weeks a year since they typically move their operations wherever they need to be Haywood Parker , 193 Camelia Road , stated he agrees with the comments made by Miranda McLean Mr Parker further stated he does not believe Martin Marietta has been in compliance with their special use permit because operations have already been going on after dusk Mr Parker also stated the existing berms and buffers do not provide sufficient visual and noise barriers Mr Parker reported he spoke with the DOT and learned that , as has been stated , they are requesting work to be done at night by the paving contractors ; however , there has not been a specific request for a quarry to be open around the clock Mr Parker stated he realizes that a paving contractor is going to buy materials wherever there is an open quarry Mr Parker stated he is not against progress , but he would like to understand clearly that if condition # 4 is removed , there would be no blasting at night Commissioner Braswell asked Mr Presley if condition # 4 is removed , what the intentions of Martin Marietta are and would the excavation and transporting of materials constantly occur at all hours of the night Mr Presley responded that a lot of their work is driven by the paving contractors , so their operations would depend on what is worked out with those paving contractors Mr Presley stated currently he does not believe there is a specific condition that prevents blasting at night ; however , Martin Marietta would be acceptable to adding such a condition in an effort to be good neighbors Commissioner Braswell asked if Martin Marietta plans to eventually operate 24 7 Mr Presley stated when the road paving jobs are ongoing and especially if the contractor gets behind , then he could see the operation running 24 7 PagePage pageNumber9196 January 6 , 2020 – 6 00 pm Continued At the inquiry of Commissioner Stewart , Mr Presley stated they have operations in Garner and near the coast towards the eastern part of the State that are allowed to operate 24 7 Mr Presley noted they also have plants in other counties in North Carolina that operate under different restrictions and limitations Commissioner Stewart asked if the operation is restricted from running 24 7 would that impact bidding for jobs Mr Presley confirmed that it would affect them when bidding against other competitors who can operate at night and if the request is not approved , it would prevent them from participating in the larger jobs Commissioner Braswell asked if the request is approved could the demand then increase and become so great that operations would occur every night Mr Presley responded that they do not anticipate their hours of operation affecting the market as a whole Commissioner Braswell stated he is concerned as to how often Martin Marietta would operate at night and how that would affect the residents Mr Presley stated he thinks it is important to note that a lot of the earlier discussion regarding noise on the site comes from their own existing equipment such as the rock crushers , which they are currently allowed to run at night Mr Presley also noted the asphalt plant across the street is allowed to operate 24 7 Commissioner Stewart commented on areas in Johnston County that have sand mines which have been approved with conditions Commissioner Stewart stated trucks from those operations can be very aggravating , but they have to stop running during certain hours in accordance with their conditions so the residents in those areas can have some peace Commissioner Stewart stated his concern is that at some point , there has to be a time of rest Upon a question by Commissioner Wood , Mr Presley stated he believes there are two asphalt plants in the vicinity that have no restrictions Commissioner Lawter referenced Commissioner Braswell’s question regarding demand and stated it is not Martin Marietta creating the demand , but rather the DOT is creating the demand through their larger road paving projects like Interstate 40 and Interstate 95 He stated the secondary road resurfacing projects probably would not occur at night Commissioner Lawter also noted those types of larger projects come in cycles and he does not think they will be operating at night all the time Commissioner Wood asked Mr Presley if Martin Marietta is having a problem keeping a lot of product stockpiled Mr Presley responded that they are selling a lot of product right now and even though they are operating all during the daylight hours and they are still running short Mr Presley stated they brought the request to the Board because it was requested of them and for them to remain competitive in the market Chairman Ted G Godwin asked if the State mining permit allows them to blast at night Mr Presley responded he is not sure about the language in the State mining permit regarding blasting ; however , he handles the environmental permits and he can say that Martin Marietta takes any kind of permit violation very seriously Mr Presley also noted that in an effort to reduce their hours , they are spending 7 million to upgrade the capacity of the plant Mr Presley stated by increasing the size of their equipment at the plant , it will allow them to shrink their hours to an extent , but he noted there will be peaks and valleys based on construction jobs Mr Presley reviewed the site on the aerial photograph for the Board pointing out their yard areas for stockpiles Mr Presley stated they are taking steps to reduce their hours , but their operations depend on when the DOT has jobs that require their materials Commissioner Stewart expressed concerns that he has not heard any type of compromise from Martin Marietta for the neighbors Mr Presley reiterated that Martin Marietta would be acceptable to a condition regarding limitations on blasting which he believes is a compromise Mr Presley pointed out existing locations of berms on the site andPage0197 January 6 , 2020 – 6 00 pm Continued also noted future planned berms and planned berm improvements on the aerial photograph for the Board He stated they are acceptable to planting pine trees on the berms to provide additional sound buffering At the inquiry of Commissioner Stewart , Mr Presley discussed Martin Marietta’s public involvement and volunteerism 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 conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 03 - 46 MOD Commissioner Tony Braswell stated he would like to see some type of compromise for the residents Commissioner Jeffrey P Carver commented that the Board can adjust the hours of operation to make the compromise Commissioner Chad M Stewart noted many of the issues could have been addressed with a community meeting Commissioner Butch Lawter expressed concerns about consistency and what has been approved for other operations Commissioner Carver noted in addition to Martin Marietta , there is also Fred Smith Company , ST Wooten , and Barnhill in the area and he asked what the restrictions on those other operations are Mr Newton stated the ST Wooten asphalt plant located across the road is under no operational restrictions because the zoning is straight Industrial 2 for that site He stated the other two asphalt plants are limited to Monday through Saturday 24 hours a day Case 03 - 46 MOD Tabled until February 3 , 2020 6 00 pm Meeting Case 03 - 46 MOD Petition to modify the current special use located at Camelia Road and Raleigh Road in the Elevation Township that is currently zoned Industrial - 2 – Special Use District I - 2 SUD Tax ID 07G09061C , 07G09061 , 07G99010I , 07E07199C , 07F09025A , & 07F09026 Owner MG & Betty Johnson , Teresa Blackmon , & Martin Marietta Materials , Inc Applicant Martin Marietta Materials , Inc Special Use Request To remove condition 4 “ Operation hours for excavation and transporting materials Monday - Saturday , dawn to dusk ” from the special use conditions Commissioner Tony Braswell moved the Board table Case 03 - 46 MOD until the February 3 , 2020 6 00 pm Board of Commissioners meeting to allow time for the applicant to work with the neighboring property owners in an effort to come to a compromise Commissioner Chad M Stewart seconded the motion which carried by the following vote Ayes Commissioners Ted G Godwin , Chad M Stewart , Jeffrey P Carver , Larry Wood , Tony Braswell , and Patrick E Harris Nays Commissioner Butch Lawter The Chairman opened the Rezoning Hearing for Case 19 - 23 Case 19 - 23 Petition to rezone 385 acres of a 279 acre tract located at 95 Jada Allen Road in the Banner Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 01F13030B Owner Donnie Barefoot Applicant Chuck Richardson , South River ElectricPage1198 January 6 , 2020 – 6 00 pm Continued Planning Director Braston Newton stated the petition is to rezone 385 acres of a 279 acre tract located at 95 Jada Allen Road in the Banner Township from Agricultural Residential to Agricultural Residential - Special Use District He noted the special use request associated with the rezoning is to allow for an electrical substation Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes The area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low levels of growth pressures are anticipated over the next 20 years Shane Brandwood , representing South River Electric , stated they propose to build a new electrical substation in order to provide reliability and reduce some of the overburden on nearby substations 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 - 23 Decision on Rezoning Case 19 - 23 Case 19 - 23 Petition to rezone 385 acres of a 279 acre tract located at 95 Jada Allen Road in the Banner Township from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Tax ID 01F13030B Owner Donnie Barefoot Applicant Chuck Richardson , South River Electric Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 23 Commissioner Larry Wood seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 23 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 ID 01F13030B located at 95 Jada Allen Road in Banner Township , as shown on the attached Exhibit A , from Agricultural Residential to Agricultural Residential - Special Use District to allow for an electrical substation 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 approves the proposed amendment ; and 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 aligns with Goal 6A “ Ensure well - planned Rural Development ” by minimizing land use conflicts 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The Agricultural Residential - Special Use District zoning is compatible with surrounding land uses 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Agricultural Residential - Special Use District AR - SUD Page2199 January 6 , 2020 – 6 00 pm Continued th Adopted this the 6 day of January , 2020 The Chairman reopened the Special Use Hearing for Case 19 - 23 Case 19 - 23 To allow for an electrical substation Owner Donnie Barefoot Applicant Chuck Richardson , South River Electric Those wishing to speak on Special Use Case 19 - 23 were sworn in by the Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for an electrical substation 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 - 23 on September 16 , 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 November 19 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 19 - 23 and made the following recommendations Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 19 - 23 , seconded by Mr Smith , the Special Use Conditions for Rezoning Case 19 - 23 was approved by a unanimous vote of 7 - 0 at the November 19 , 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 so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed substation is located at the rear of the overall property to maximize the screening , safety and minimize the views from the roadway and adjacent neighborhoods Security fence is provided around the entire facility to enhance the public safety and general welfare of the surrounding community This substation will provide a much needed reliability of the electrical infrastructure for the neighborhood and surrounding community being served by the South River EMC 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 The proposed substation design meets all of the required Land Development Code requirements for setbacks , screening and location The project will be located more than 1,000 feet from the adjacent street as to provide maximum amount of sight distance and reduce any negative impacts to the area 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The substation project is being proposed to provide more reliability to the electrical infrastructure of the surrounding area and help with the ever growing demands of that region 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant It is the intent of South River EMC to provide a facility that not only fits into the physical development of Johnston County but also meets any and all requirements of the Development code The design includes 20 ’ required setbacks , landscape screening and strategic location as to promote good stewardship with the surrounding neighborhoods Specific Land Uses APPLICANT Electrical substation Special Use Conditions 1 Permitted Uses To allow for an electrical substation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies Page3200 January 6 , 2020 – 6 00 pm Continued 5 Install Class B landscaping buffer Existing natural vegetation may be used if equal or more intense 6 The area housing all the equipment shall be enclosed within an 8 ’ screen fence topped with barbwire Mr Newton noted the special use conditions for the Board and offered to answer any questions Shane Brandwood , representing South River Electric , confirmed that they agree with the special use conditions as proposed 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 - 23 Decision on Special Use Case 19 - 23 Case 19 - 23 To allow for an electrical substation Owner Donnie Barefoot Applicant Chuck Richardson , South River Electric Based on the following findings of facts and special use conditions , Commissioner Tony Braswell moved the Board authorize the Planning Department to issue a special use permit for Case 19 - 23 to allow for an electrical substation on 385 acres of a 279 acre tract located at 95 Jada Allen Road in the Banner Township Commissioner Larry Wood 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 proposed substation is located at the rear of the overall property to maximize the screening , safety and minimize the views from the roadway and adjacent neighborhoods Security fence will be provided around the entire facility to enhance the public safety and general welfare of the surrounding community This substation will provide a much needed reliability of the electrical infrastructure for the neighborhood and surrounding community being served by the South River EMC 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 ; The proposed substation design meets all of the required Land Development Code requirements for setbacks , screening and location The project will be located more than 1,000 feet from the adjacent street as to provide maximum amount of sight distance and reduce any negative impacts to the area 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; The substation project is being proposed to provide more reliability to the electrical infrastructure of the surrounding area and help with the ever growing demands of that region 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners It is the intent of South River EMC to provide a facility that not only fits into the physical development of Johnston County but also meets any and all requirements of the Development code The design includes 20 ’ required setbacks , landscape screening and strategic location as to promote good stewardship with the surrounding neighborhoods Specific Land Uses APPLICANT Electrical substation Special Use Conditions 1 Permitted Uses To allow for an electrical substation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Install Class B landscaping buffer Existing natural vegetation may be used if equal or more intense 6 The area housing all the equipment shall be enclosed within an 8 ’ screen fence topped with barbwire 3 Planning Activity Report Planning Director Braston Newton submitted the following Planning Activity Report for the month of December 2019 Mr Newton stated staff will provide an annual report to the Board soon He commented that it has been an extremely active year Page4201 January 6 , 2020 – 6 00 pm Continued Monthly Activity Report – December 2019 CPB REZONINGS Proposed for December 2019 Special Use Straight Zoning Totals Approved 2019 Cases 7 1 8 23 Total Acres 392764 113 393894 2131820 SUBDIVISIONS Approved columns are through previous month Approved Approved 2019 2018 Proposed Re - submittals Major Subdivisions 49 44 10 - - - - Total Lots 1437 1865 430 - - - - Total Acres 1607015 2032 616046 - - - - Open Space Acres 19828 17395 1325 - - - - Fee - in - Lieu 312,400 559,600 151,600 - - - - Minors 61 186 Total Lots 115 332 Total Acres 785648 924579 Valid Lots 11,378 ; Adjustments 149 added , 121 removed never developed or recorded 4 Strategic Growth Planning Continued Discussion Chairman Ted G Godwin announced that the Planning Department will be holding a growth management public meeting at the West Johnston High School Auditorium on Thursday , January 23 , 2020 starting at 6 00 pm and everyone is encouraged to attend At the inquiry of Commissioner Larry Wood , Planning Director Braston Newton stated he has received a rd great deal of interest for the January 23 meeting Commissioner Wood stated he would like to see more participation by the municip