February 3, 2020 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 223 Meeting of the Johnston County Board of Commissioners February 3 , 2020 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 3 , 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 , Larry Wood , Tony Braswell , and Patrick E Harris Absent Commissioners Jeffrey P Carver and RS “ Butch ” Lawter , Jr Also Present County Manager Rick J Hester , Clerk to the Board Paula G Woodard , 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 Second Amendment Resolution Chairman Ted G Godwin stated a number of citizens have been in touch with the Board of Commissioners regarding the protection of Second Amendment rights Chairman Godwin called on Commissioner Patrick E Harris to introduce a resolution in support of Second Amendment rights Commissioner Patrick E Harris thanked his fellow Commissioners for their work on the matter Commissioner Harris read aloud the following resolution and moved for its adoption RESOLUTION DECLARING THE JOHNSTON COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF THE SECOND AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES WHEREAS , the Constitution of the United States is the Supreme Law of our nation ; and WHEREAS , the Second Amendment to the Constitution of the United States of America states “ A well - regulated Militia being necessary to the security of a free State , the right of the people to keep and bear arms shall not be infringed ” ; and WHEREAS , the North Carolina Constitution , Article I , Section 30 , states “ A well - regulated militia being necessary to the security of a free State , the right of the people to keep and bear arms shall not be infringed ; and , as standing armies in time of peace are dangerous to liberty , they shall not be maintained , and the military shall be kept under strict subordination to , and governed by , the civil power Nothing herein shall justify the practice of carrying concealed weapons , or prevent the General Assembly from enacting penal statutes against that practice ” ; and WHEREAS , the criminal misuse of firearms is not a reason to infringe the rights of law abiding citizens of Johnston County ; and WHEREAS , the Johnston County Board of Commissioners wishes to express its deep commitment to the rights of all citizens of Johnston County to keep and bear arms ; and WHEREAS , the Johnston County Board of Commissioners wishes to express opposition to any law that would unconstitutionally restrict the rights under the Second Amendment of the US Constitution and under the North Carolina Constitution of the citizens of Johnston County to keep and bear arms ; and WHEREAS , the Johnston County Board of Commissioners wishes to express its intent to stand unified in total support for Second Amendment rights and to oppose , within the limits of the Constitutions of the United States and the State of North Carolina , any efforts to unconstitutionally restrict such rights , and to use such legal means at its disposal to protect the rights of the citizens to keep and bear arms The Johnston County Government will utilize all legal means necessary to protect the Second Amendment Rights of Johnston County citizens NOW THEREFORE , BE IT RESOLVED by the Board of Commissioners of Johnston County , the Board hereby expresses its intent to uphold the Second Amendment rights of the citizens of Johnston County rd Adopted this the 3 day of February , 2020 Commissioner Larry Wood seconded the motion which carried by unanimous vote Chairman Godwin noted the absence of Commissioners Jeffrey P Carver and Butch Lawter and stated they are both in full support of the resolution Page224 February 3 , 2020 – 6 00 pm Continued 2 Public Comment A Comments from Darryl Mitchell Darryl Mitchell , Chairman of the Johnston County Republican Party , thanked the Board for adopting the resolution in support of the Second Amendment Mr Mitchell stated he is thankful to have leaders willing to standup and work to protect the rights of citizens Mr Mitchell spoke on how the issue is being discussed in other areas and his concerns as to how issues such as this can affect the people’s rights Mr Mitchell encouraged everyone to always exercise their right to vote B Comments from John Iversen John Iversen , 2028 Southford Drive , Garner , stated with all the growth occurring in the County , it is becoming difficult to find places to safely shoot guns He asked the Board to consider constructing a gun range somewhere in the County where people can safely shoot guns C Comments from Ken Taylor Ken Taylor , 1755 Gordon Road , Clayton , thanked the County for working with Johnston County Schools on their funding needs Mr Taylor stated going forward there needs to be a three - way trust consisting of the County Commissioners , the Board of Education , and the taxpayers Mr Taylor stated he feels that with the County working with the Schools on a month - by - month basis , it will go a long way towards rebuilding trust Mr Taylor also suggested the Board look into a “ root cause analysis ” with regards to an audit of Johnston County Schools ’ finances 3 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – January 24 and 31 , 2020 ; The Johnstonian News and The News in Review – January 22 and 29 , 2020 Certified letters were mailed to adjoining property owners on January 17 , 2020 Notices were posted at the locations on October 30 , 2019 for Case 03 - 46 MOD and December 2 , 2019 for Cases 09 - 12 MOD 4 ; 19 - 26 ; 19 - 27 ; 19 - 29 ; 19 - 31 ; and 19 - 32 The Chairman opened the Special Use Hearing for Case 03 - 46 MOD Note This case was tabled from the January 6 , 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 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 currently 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 Attorney Lew Starling with Daughtry , Woodard , Lawrence , and Starling , representing Applicant Martin Marietta Materials , Inc requested the Board to table Case 03 - 46 MOD until the March 2 , 2020 6 00 pm meeting to allow them additional time to work with the area residents Mr Starling reported a community meeting was held with the area residents and was well attended He also stated three senior management representatives from Martin Marietta attended the community meeting Mr Starling stated they would like some additional time to work on the requests and concerns of the area residents There being no further comments , the Chairman recessed the Special Use Hearing for Case 03 - 46 MOD Case 03 - 46 MOD Tabled until the March 2 , 2020 6 00 pm MeetingPage225 February 3 , 2020 – 6 00 pm Continued Commissioner Chad M Stewart moved the Board table Case 03 - 46 MOD until the March 2 , 2020 6 00 pm Board of Commissioners meeting Commissioner Larry Wood seconded the motion which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 09 - 12 MOD 4 Case 09 - 12 MOD 4 Petition to modify a current special use of 3326 acres located at northeast quadrant of the intersection of I - 40 and NC Hwy 42 W in the Cleveland Township that is currently zoned Interstate Highway Interchange – Special Use District IHI - SUD Tax ID 06E02002 , 06D01022 , 06D01015J , 06D01015H , 06E02002E , 06E02002F , 06E02002G , part of 06D0105A Owner Son - Lan Classic Development Co , LLC & Donald and Myra West Applicant Aspen Point Property , LLC Special Use Modification Request Increase number of dwelling units within the River Oaks master plan from 550 units to 640 units Those wishing to speak on Special Use Case 09 - 12 MOD 4 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 current special use of 3326 acres located at the northeast quadrant of the intersection of I - 40 and NC Hwy 42 W in the Cleveland Township that is currently zoned Interstate Highway Interchange – Special Use District The modification request is to increase the number of dwelling units within the River Oaks master plan from 550 units to 640 units 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 09 - 12 MOD 4 on November 1 , 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 December 17 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 09 - 12 MOD 4 and made the following recommendations Upon a motion by Mr Letchworth to approve Case 09 - 12 MOD 4 as requested , seconded by Ms Hackler , Case 09 - 12 MOD 4 was approved as requested by a unanimous vote of 7 - 0 at the December 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 so as to maintain or promote the public health , safety , and general welfare ; Applicant The Development is located directly adjacent to Interstate 40 , with proposed entrances approximately 1,220 and 3,360 feet from the center of the I - 40 NC 42 interchange It is located on the opposite side of NC 42 from an existing Lowe’s Home Improvement and an approved Wal - Mart development The property is currently zoned I - 2 and a portion of the property lies within the IHI overlay district The proposed zoning reclassification is IHI special Use District The land design is intended to facilitate a multi - use development including shopping , dining , lodging , entertainment , institutional , corporate and professional offices , and residential uses The Development will emphasize controlled access , curb appeal , efficient traffic flow , and safety The Development will utilize two access points on NC 42 and will carry out and abide by the recommendations and directives of the Traffic Impact Analysis conducted in 2009 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 The Development will comply with all local , state , and federal building codes and regulations and shall meet or exceed all landscaping , parking , lighting , and runoff requirements Additional restrictions forbidding undesirable uses are incorporated in the current Special Use Permit 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 ;Page226 February 3 , 2020 – 6 00 pm Continued Applicant Area demographics over the past two decades reveal that the area surrounding the Development has changed from largely agricultural to residential made up of citizens with disposable income , who currently travel several miles to other communities for shopping , medical needs , dining , professional services , and employment The Development is consistent with adjacent properties , which are currently in use as restaurants , retail , and lodging , and is in close proximity to many residential neighborhoods The proposed uses are much needed , and keeping the existing residents in the area will benefit not just the Development but also all of the businesses and developments in the area of the interchange Its location adjacent to an interested highway makes the Development the best and highest use of the 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 The Development is located immediately adjacent to the existing IHI district a portion of the property lies within the IHI district and will therefore be consistent with other developments and with the current development policies for the area Developer has communicated frequently with Staff in order to be fully apprised of the county’s policies so as to make all plans in conformity therewith All aspects of the Development shall comply with applicable land development codes and conditions as imposed or expressed by the Planning Board The buildings constructed in the Development shall be designed and constructed so that the exterior elevation shall be architecturally and aesthetically consistent and compatible The design and construction shall be of high quality , consistent with projects performed by the Developer in the past No building constructed on the property shall exceed 60 ’ including all mechanical improvements and architectural embellishments in height above finished grade NO building shall have a metal exterior Any rooftop equipment constructed on the buildings shall be screened so as not to be visible from the mean finished elevation of the respective parking area Any portion of the buildings facing the interstate shall be aesthetically attractive and all garbage receptacles shall be located and screened from travelers on the interstate Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan for review and approval by the Planning Department Staff 3 Submission of a unified sign plan for review and approval by the Planning Department Staff 4 No portion of the development will be used for adult businesses , airport , animal husbandry , extraction of earth products , novelty shops but excluded only to the extent such shop is an “ adult business ” , boarding houses , trucking terminals , and campgrounds travel trailer parks 5 No uses permitted by the Heavy Industrial I2 and Agricultural Residential AR Zoning Districts will be allowed unless specifically allowed by the Special Use Permit 6 Hours of operation shall be 24 hours , Monday through Sunday 7 A Class A landscape buffer shall be installed along all rezoning lines 2 large trees , 2 small trees and 6 shrubs every one hundred 100 linear feet unless existing natural vegetation is acceptable in lieu of the Class A buffer if equal or more intense 8 All buildings and or structures must comply with rules enforced by the following departments and or agencies Johnston County Building Inspections , Public Utilities , Environmental Health , NC Department of Transportation 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 New access points onto NC 42 shall be limited to one full service street aligned with the existing WalMart access signal light and two right - in right - outs as shown on the site plan 11 Must obtain commercial driveway permit s from DOT and comply with all NCDOT traffic improvement requirements 12 The 100 year floodplain and riparian buffer along Swift Creek shall not be disturbed 13 A 100 ’ riparian buffer shall be applied along Swift Creek 14 Signage or pavement markings shall be utilized for the far right turn lane on the eastbound exit ramp indicating that the lane shall turn right at Glen Road , or as required by DOT 15 All traffic improvements required through the Traffic Impact Analysis and as shown on a map kept on record at the Johnston County Planning Department created by Kimley - Horn and Associates , Inc and entitled Crosland Assemblage – River Oaks , dated 8 - 3 - 09 16 The Developer will be responsible for all required traffic improvements 17 The Developer will complete the traffic improvements project consistent with the schedule provided to the County 18 Subsequent site plan submittals to Planning staff shall contain architectural design standards comparable to or equal to those shown on the slide presentation labeled as Exhibit # 1 located within the Case 09 - 12 Rezoning File on record at the Johnston County Planning Department Mr Newton reported the site was approved for 550 residential units in 2009 and since that time , there have been several modifications with regards to the mix of residential versus commercial and retail uses Mr Newton stated at no time during any of those modifications did the density increase and it has remained constant at 550 units , which was originally permitted and agreed upon in 2009 Mr Newton offered to answer any questions Edmund Waddill , with Chaucer Creek Capital of Raleigh , representing the applicant , addressed the Board Mr Waddill stated Chaucer Creek Capital is a regional developer and owner of multi - family with long - term real estate holdings in North Carolina Mr Waddill reported Chaucer Creek Capital purchased the subjectPagePage pageNumber5227 February 3 , 2020 – 6 00 pm Continued property at the end of 2019 and have been working on the plans since that time He stated they are requesting 90 additional residential units Mr Waddill reported the project has been renamed River Oaks Landing and their project team consists of representatives with ColeJenest & Stone , Dalton Engineering , and Kimley - Horn & Associates Jordan Petersen , 437 Slick Rock Road , Wendell , reviewed the following information with the Board Mr Petersen stated the subject site is located at the junction of Interstate 40 and NC Hwy 42 just north of existing commercial development He referenced the 194 acre site in the aerial above and stated it is surrounded by property that is mostly wooded , but planned for future single family residential development Mr Petersen stated the site is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan Mr Peterson referenced the following site plan and reviewed it with the Board PagePage pageNumber6228 February 3 , 2020 – 6 00 pm Continued Mr Petersen stated the proposed density has been maximized in the hopes of creating a better community He explained they have designed an environment which allows for a sense of community and is pedestrian friendly He noted buildings have been planned in close proximity to proposed amenities , which include a resort style pool , clubhouse , dog park , cookout areas , and car wash station Mr Petersen stated the idea is to create areas for people to come together in a walkable community and the additional 90 units allows for that type of environment At the inquiry of Chairman Ted G Godwin , Mr Petersen stated eight buildings were previously planned , but under the proposed new design , there are twelve buildings He stated there would be a mix of one , two , and three bedroom units Mr Petersen reviewed the following examples of similar products with the Board PagePage pageNumber7229 February 3 , 2020 – 6 00 pm Continued Mr Waddill readdressed the Board and reviewed the following sewer capacity analysis He stated they have been working with Jonathan Barnes of Dalton Engineering who has been in discussions with Johnston County Utilities Director Chandra Farmer He noted with the revised project , they would require additional sewer capacity in the amount of 21,120 gallons per day PagePage pageNumber8230 February 3 , 2020 – 6 00 pm Continued Commissioner Chad M Stewart asked what would be the targeted clientele for the development Mr Waddill stated the development would be a mix of families , empty nesters , as well as young professionals Commissioner Tony Braswell stated the request is to increase the development by 90 units , which consists of a combination of one , two , and three bedroom units Commissioner Braswell stated his concern is increasing the density in an area where there is already traffic congestion and overcrowding Commissioner Braswell stated he is trying to determine if this modification request provides a need or is a necessity and promotes the value of property in that area Mr Waddill stated the additional 90 units equates to an additional 104 bedrooms He stated with the new plan they would be reducing the number of three bedroom units and reallocating those for one and two bedroom units Mr Waddill continued that regarding traffic , the original Traffic Impact Analysis TIA performed in 2009 took into account a master plan that included more commercial development and with the modifications , traffic impacts would be less today than what was originally planned in 2009 Mr Waddill stated the proposed design is not just about increasing density , but is also about encouraging walkability not just within the 19 acre site , but within the rest of the community Commissioner Stewart expressed concerns that Chaucer Creek Capital purchased the property knowing what was approved , and are now asking for more residential Mr Waddill stated they are not asking for additional units above and beyond what is allowed within the Interstate Highway Interchange district He stated they see the development as a node of density with mixed uses including office , retail , and residential At the inquiry of Commissioner Stewart , Mr Waddill stated if the request is not approved , they will come up with a new site plan Commissioner Larry Wood stated he is concerned as to how additional housing units , on top of what was approved in 2009 , will affect the general welfare and safety of the area Commissioner Wood spoke on the existing traffic congestion in the area and how more people will only add to that congestion Commissioner Wood asked how the modification would add value to the community stating the area is already stretched to the maximum Richard Adams with Kimley - Horn & Associates , 421 Fayetteville Street , Raleigh , reviewed the following information with the Board as it relates to traffic and noted the traffic is projected to be less under the proposed modification plan PagePage pageNumber9231 February 3 , 2020 – 6 00 pm ContinuedPage0232 February 3 , 2020 – 6 00 pm ContinuedPage1233 February 3 , 2020 – 6 00 pm Continued Commissioner Braswell stated when the project was originally approved in 2009 , it was to be a mixed use development ; however , now the plan is to reduce commercial and add more residential which means more rooftops Commissioner Braswell stated more rooftops only contributes to problems with traffic and school capacities in that area 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 09 - 12 MOD 4 Page2234 February 3 , 2020 – 6 00 pm Continued Decision on Special Use Case 09 - 12 MOD 4 Case 09 - 12 MOD 4 Petition to modify a current special use of 3326 acres located at northeast quadrant of the intersection of I - 40 and NC Hwy 42 W in the Cleveland Township that is currently zoned Interstate Highway Interchange – Special Use District IHI - SUD Tax ID 06E02002 , 06D01022 , 06D01015J , 06D01015H , 06E02002E , 06E02002F , 06E02002G , part of 06D0105A Owner Son - Lan Classic Development Co , LLC & Donald and Myra West Applicant Aspen Point Property , LLC Special Use Modification Request Increase number of dwelling units within the River Oaks master plan from 550 units to 640 units Based on findings of facts as listed below and that the modification request does not maintain or promote public health , that it is not a public necessity , and that there is no evidence it promotes the value of property , Commissioner Tony Braswell moved the Board deny the petition to modify the special use permit for Case 09 - 12 MOD 4 to increase the number of dwelling units within the River Oaks master plan Commissioner Larry Wood seconded the motion which carried by unanimous vote Finding of Facts 1 That the modification of 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 applicant failed to produce substantial , material and competent evidence to show that the modification of the use or development is located , designed , or proposed to be operated as to maintain or promote the public health , safety , and general welfare The Applicant proposes to increase the number of dwelling units in the River Oaks master plan from 550 to 640 units in an area experiencing a high level of growth pressure The original traffic impact analysis was performed in 2009 Wastewater capacity and school capacity is over burdened in this area 2 That the modification of 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 modification fails to promote the organization of land uses so as to minimize conflicts between different types of land use activities The original development was designed to be a mixed use development in a high growth area The proposed change increases residential development in an area intended to be mixed use and an increase of residential units fails to provide a coordinated and balanced development 3 That the modification of 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 modification of 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 The Applicant failed to present any evidence of how the modification of the use or development would affect the value of contiguous property The Applicant failed to present any evidence that the proposed modification was a public necessity 4 That the modification of 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 Primary Growth Area on the County’s Comprehensive Land Use Plan The proposed modification of the use or development is not compatible with the existing surrounding land uses in the IHI area Wastewater capacity and school capacity is overburdened in the area Traffic congestion exists in the area and the Applicant failed to show that the increased density is designed to encourage smooth traffic flow and safe and convenient vehicular access for the safe flow of traffic The Chairman opened the Rezoning Hearing for Case 19 - 26 Case 19 - 26 Petition to rezone 487 acres located at 1050 Freedom Road in the Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 15H07008G Owner Dawn Herron Applicant Dawn Herron Planning Director Braston Newton stated the petition is to rezone 487 acres located at 1050 Freedom Road in the Cleveland Township from Agricultural Residential to General Business – Special Use District He noted the special use request associated with the rezoning is to allow for a dog boarding facility , training , and self - service dog wash 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 ; and General Business – Special Use District and used for automotive mechanical , paint body , and sales The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Page3235 February 3 , 2020 – 6 00 pm Continued Applicant Dawn Herron , 1000 Freedom Road , Smithfield , addressed the Board and submitted a packet of information in support of her rezoning request Ms Herron stated they would like to build a dog boarding facility on their property Ms Herron reported there is one business in the direct general vicinity of the subject site ; however , there are ten businesses located within a three - mile radius Ms Herron reported at the Planning Board meeting there were concerns from neighbors regarding noise and odor She stated the North Carolina Department of Agriculture will require them to clean , sanitize , and deodorize a minimum of twice a day and the facility would be strictly indoors which would help to reduce or eliminate noise Ms Herron informed the Board that a petition in opposition was submitted at the Planning Board meeting that contained the signature of Mrs Cookie Pope ; however , an e - mail is included in the packet of information from Attorney George Mast stating that Mrs Pope did not sign the petition nor did she authorize anyone to use her name on said petition Ms Herron continued that in looking at how the operation would affect surrounding property values , she visited the Pet Perfection operation on NC Hwy 210 and noticed that homes are under construction near that establishment with estimated values of 300,000 and above Ms Herron stated with all the residential growth in the area , she believes many homes will have dogs that will require boarding services Ms Herron reported they plan to hire five people to work at the facility and it will help to increase the tax base for the County Ms Herron stated they donate to the Johnston County Animal Shelter , the Dunn Animal Shelter , and other organizations and they plan to increase that support through a portion of the revenues generated by the facility Upon a question by Commissioner Tony Braswell , Ms Herron clarified that she does not currently have a facility in operation today , but that she personally owns 22 dogs Ms Herron stated even though she currently does not have to be monitored by the North Carolina Department of Agriculture for her personal dogs , she filed for and received a compliance report which is included with the packet of information Ms Herron stated this facility would be in addition to her personal dogs Pauline Williams Raynor , 956 Freedom Road , Smithfield , spoke in opposition to the request stating she lives directly beside the subject site Ms Raynor stated with the dogs already on site they already have noise issues and she is concerned that more dogs will only add to the problem Ms Raynor stated she is also concerned as to how the operation would affect her property value There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended denial 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 recessed the Rezoning Hearing for Case 19 - 26 Further Discussion by the Board Commissioner Larry Wood asked for more information regarding the compliance report from the North Carolina Department of Agriculture in the packet submitted by the applicant Ms Herron explained that because there were complaints regarding her personal dogs at the Planning Board meeting , the North Carolina Department of Agriculture came out and inspected the site Ms Herron stated they will do everything they can to eliminate noise and once the facility is constructed all the dogs will be inside so the noise should be reduced Ms Herron stated if the request is approved , she would seek permission from the Department of Agriculture to have 25 additional dogs in the boarding facility for a total of 50 dogs on the site She stated it would depend on the nature of the business each day as to exactly how many dogs would be on site at any given time At the inquiry of Commissioner Wood , Mr Newton stated if the request is approved , fencing and a landscaping buffer along all property lines would be required as part of the special use permit Chairman Ted G Godwin commented that the layout of the property being so long and narrow causes him concern Decision on Rezoning Case 19 - 26 Case 19 - 26 Petition to rezone 487 acres located at 1050 Freedom Road in the Cleveland Township from Agricultural Residential AR to General Business – Special Use District GB - SUD Tax ID 15H07008G Owner Dawn Herron Applicant Dawn HerronPage4236 February 3 , 2020 – 6 00 pm Continued Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and deny the rezoning request for Case 19 - 26 Commissioner Tony Braswell seconded the motion which carried by the following vote Ayes Commissioners Ted G Godwin , Chad M Stewart , Tony Braswell , and Patrick E Harris Nays Commissioner Larry Wood Absent Commissioners Jeffrey P Carver and Butch Lawter RESOLUTION FOR CASE NUMBER 19 - 26 RESOLUTION DENYING 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 15H07008G located at 1050 Freedom Road , as shown on the attached Exhibit A , from Agricultural Residential to General Business - Special Use District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners deny 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 deny the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is not consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment not to be reasonable and not 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 inconsistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The area is not within a designated commercial activity node and the land use would be incompatible with surrounding land uses 2 This Board finds and determines that it is not reasonable and not in the public interest to adopt the proposed amendment because a The land use is not in harmony with the current and projected future land uses 3 This Board denies the proposed zoning amendment from Agricultural Residential to General Business Special Use District rd Adopted this the 3 day of February , 2020 The Chairman reopened the Rezoning Hearing for Case 19 - 27 Case 19 - 27 Petition to rezone 113 acres located at 14825 NC Hwy 210 in the Pleasant Grove Township from Agricultural Residential AR to Community Business CB Tax ID 13D04009A Owner Karan & Jimmy Barnhill Applicant Karan & Jimmy Barnhill Planning Director Braston Newton stated the petition is to rezone 113 acres located at 14825 NC Hwy 210 in the Pleasant Grove Township from Agricultural Residential to Community Business 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 and a Church ; and Community Business for a gas station convenience store 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 currently exist or are anticipated near term Applicant Karan Barnhill , 2970 Parkhurst Drive , Winston Salem , asked the Board to approve the request stating the area is growing and the site is better suited for a commercial use Ms Barnhill reported she has no particular plans at this point other than to sell the property Page5237 February 3 , 2020 – 6 00 pm Continued 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 recessed the Rezoning Hearing for Case 19 - 27 Decision on Rezoning Case 19 - 27 Case 19 - 27 Petition to rezone 113 acres located at 14825 NC Hwy 210 in the Pleasant Grove Township from Agricultural Residential AR to Community Business CB Tax ID 13D04009A Owner Karan & Jimmy Barnhill Applicant Karan & Jimmy Barnhill Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 27 Commissioner Patrick E Harris seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 27 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 a portion of the parcel identified as tax Tag ID 13D04009A located at 14825 NC Hwy 210 as shown on the attached Exhibit A , from Agricultural Residential to Community Business 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 ; 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 request is consistent with the Comprehensive Land Use Plan Goal 3A “ Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County In addition , this site is located within a “ neighborhood - center activity node ” which denotes an area in which commercial uses are suitable 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The Community Business zoning is compatible with surrounding land uses and zoning , which include multiple businesses and commercial zoning designations at an established commercial activity node 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Community Business CB rd Adopted this the 3 day of February , 2020 The Chairman reopened the Rezoning Hearing for Case 19 - 29 Case 19 - 29 Petition to rezone 025 of an acre of a 1031 acre tract located at 1340 Two Claude Road in the Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13C02056B Owner Tyler Nordan Applicant Tyler Nordan It was determined that the applicant was not present for Case 19 - 29 Page6238 February 3 , 2020 – 6 00 pm Continued Case 19 - 29 Tabled Upon a motion by Commissioner Chad M Stewart , seconded by Commissioner Larry Wood , and carried unanimously , the Board tabled Case 19 - 29 Note The applicant did not arrive to the meeting prior to adjournment The case will be placed on the March 2 , 2020 6 00 pm agenda The Chairman reopened the Rezoning Hearing for Case 19 - 31 Case 19 - 31 Petition to rezone 4532 acres located at 3903 Richardson Bridge Road in the Bentonville Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 02O15004E Owner Daniel & Paula Kornegay Applicant ST Wooten Corporation Planning Director Braston Newton stated the petition is to rezone 4532 acres located at 3903 Richardson Bridge Road in the Bentonville 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 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 agricultural and residential purposes The area is located within a designated “ Agricultural Rural Conservations 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 Attorney Toby Coleman of Smith Anderson Law Firm , 150 Fayetteville Street , Raleigh , representing the applicant , offered to answer any questions by the Board 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 recessed the Rezoning Hearing for Case 19 - 31 Decision on Rezoning Case 19 - 31 Case 19 - 31 Petition to rezone 4532 acres located at 3903 Richardson Bridge Road in the Bentonville Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 02O15004E Owner Daniel & Paula Kornegay Applicant ST Wooten Corporation Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 31 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 31 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 02O15004E located at 3903 Richardson Bridge Road , as shown on the attached Exhibit A , from Agricultural Residential to Industrial 2 - Special Use District to allow for a sand mining operation 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 Page7239 February 3 , 2020 – 6 00 pm Continued 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 rd Adopted this the 3 day of February , 2020 The Chairman reopened the Special Use Hearing for Case 19 - 31 Case 19 - 31 To allow for a mining quarry operation Owner Daniel & Paula Kornegay Applicant ST Wooten Corporation Those wishing to speak on Special Use Case 19 - 31 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 a mining quarry operation 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 - 31 on October 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 December 17 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 19 - 31 and made the following recommendations Upon a motion by Mr Creech to approve Rezoning Case 19 - 31 , seconded by Mr Massengill , Rezoning Case 19 - 31 was approved by a unanimous vote of 7 - 0 at the December 17 , 2019 Planning Board Meeting Upon a motion by Mr Massengill to approve the Special Use Conditions for Rezoning Case 19 - 31 , seconded by Ms Hackler , the Special Use Conditions for Rezoning Case 19 - 31 was approved by a unanimous vote of 7 - 0 at the December 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 so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed sand mine will be subject to extensive regulation from state and federal agencies , including several subsets of the North Carolina Department of Environmental Quality and the United States Mine Safety Health Administration There will not be any blasting associated with the use Applicant will establish through competent , material , and substantial documentary that the traffic from the sand mine will have little , if any , impact on the surrounding road system 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 The proposed sand mine will be subject to state and federal regulation and will be required to comply with such regulations as a condition of its mining permit As shown in the enclosed site plan , the sand mine shall meet all specific standards set out in 14 - 257 d of the Johnston County Land Development Code , with the exception of certain setbacks Certain setbacks are less than 250 feet , which are not literally in accord with the applicable special use standards for mines Applicant will produce competent , material , and substantial evidence that the proposed setbacks satisfy the public purposes to an equivalent or greater degree , and request that the County Commissioners have a specific modification of setback regulations Page8240 February 3 , 2020 – 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 Applicant will establish through competent , material , and substantial documentary evidence and or expert testimony that the proposed use will not substantially injure the value of the adjoining property The sand mines are also a public necessity in that they are a crucial ingredient in the building materials needed to build the area’s infrastructures , homes , and buildings 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 A mining quarry operation such as this proposed sand mine are permitted as a special use in the I - 2 zoning district Specific Land Uses APPLICANT To allow for mining quarry operation Special Use Conditions 1 Permitted Uses Sand Mine 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 - Sunday dawn to dusk 5 No advertising signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area Only exceptions will be shown on site plan 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 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 Page9241 February 3 , 2020 – 6 00 pm Continued 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 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 noted the special use conditions for the Board and offered to answer any questions Attorney Toby Coleman of Smith Anderson Law Firm , 150 Fayetteville Street , Raleigh , representing the applicant , addressed the Board Mr Coleman confirmed that they have no issues with the special use conditions as prop