March 2, 2020 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 278 Meeting of the Johnston County Board of Commissioners March 2 , 2020 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , March 2 , 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 , 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 Announcement Regarding Appointments to the Johnston County Planning Board Chairman Ted G Godwin stated the Board utilized written ballots at the 10 00 am meeting for the Planning Board appointments and those votes have been tallied and certified Chairman Godwin announced the following individuals were appointed to the Planning Board for three year terms to expire on February 28 , 2023 Denise Benson Byrd and A Brooke Holmes were appointed Nicole Hackler , William E Letchworth , and Larry Massengill were reappointed with all three individuals receiving a waiver in the length of service policy 2 Announcement Regarding Case 03 - 46 MOD – Martin Marietta Special Use Permit Modification Planning Director Braston Newton reported that when the adjoining landowner notices were sent out for Case 03 - 46 MOD , there were three property owners that were inadvertently left off the mailing list when the report was generated from the GIS system Mr Newton stated staff has since obtained the correct mailing list th and the public hearing for this case will need to be held at the April 6 6 00 pm meeting to allow time for re - advertising and notifying the correct property owners 3 Resolution Honoring Retired Pine Level Town Clerk Sharon Thompson Chairman Ted G Godwin called on Commissioner Tony Braswell for a special presentation Commissioner Tony Braswell called for Sharon Thompson and her family to come forward Commissioner Braswell read the following resolution aloud and moved for its adoption Page279 March 2 , 2020 – 6 00 pm Continued RESOLUTION BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS HONORING SHARON THOMPSON WHEREAS , the position of the clerk is one of the oldest in local government , dating back at least to biblical times ; and WHEREAS , then and now , the clerk’s office serves as a direct link between citizens of the community and their government ; and WHEREAS , the role of the clerk is to serve as the custodian of official public records , communicator of public policy , organizer of public business , recorder of the community’s history , and performer of many varied tasks that assist in the smooth operation of local governance ; and WHEREAS , Ms Sharon Thompson has faithfully served as the Town Clerk for the Town of Pine Level in Johnston County for a remarkable 40 years ; and WHEREAS , during Ms Thompson’s 40 years of service to the Town of Pine Level she has always been a familiar and comforting presence serving her community to the best of her ability ; and WHEREAS , it is appropriate and certainly fitting to honor Ms Thompson as she retires from her role as the Town Clerk for the Town of Pine Level NOW THEREFORE , BE IT RESOLVED by the Board of Commissioners of Johnston County , that the Board hereby expresses its appreciation to Sharon Thompson for her 40 years of dedication as a public servant and wishes to honor her on an outstanding career as the Town Clerk for the Town of Pine Level in Johnston County for 40 years nd Adopted this the 2 day of March , 2020 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote Commissioner Braswell thanked Ms Thompson for her service and noted they worked together during his time as Mayor for the Town of Pine Level The Board applauded Ms Thompson for her service 4 Innovation Academy at South Campus – Report from I CAN Global Summit Attendance Principal Lead Learner Kelly Johnson from the Innovation Academy at South Campus along with students Ashley Jara , Daisy Perales Olalde , Alex Wolfe , John Hall , Sarah Beth Williamson , Serenity Whitaker , Elizabeth Sasser and Clara Smith addressed the Board and provided an update on their trip to the I CAN Global Summit in Rome in November The students made the following presentation to the Board Page280 March 2 , 2020 – 6 00 pm ContinuedPage281 March 2 , 2020 – 6 00 pm ContinuedPagePage pageNumber5282 March 2 , 2020 – 6 00 pm Continued The Board thanked the students for giving the update and congratulated them on their successful trip representing Johnston County at this international event 5 Public Comment None 6 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – February 21 and 28 , 2020 ; The Johnstonian News and The News in Review – February 19 and 26 , 2020 Certified letters were mailed to adjoining property owners on February 14 , 2020 Notices were posted at the locations on December 2 , 2019 for Cases 19 - 24 and 19 - 29 ; and January 3 , 2020 for Cases 19 - 30 and 19 - 34 The Chairman opened the Rezoning Hearing for Case 19 - 24 Case 19 - 24 Petition to rezone 41 acres located at 10321 NC Hwy 210 in the Elevation Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 07F06063 Owner Ultimate 1 Properties , LLC Applicant True Line Surveying Curk Lane Planning Director Braston Newton stated the petition is to rezone 41 acres located at 10321 NC Hwy 210 in the Elevation 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 business office Mr Newton stated the site is currently zoned Agricultural Residential and used for residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes as well as a Church ; Agricultural Residential – Special Use District for a cell tower ; and Industrial - 1 for industrial purposes down the road 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 Mr Newton stated NC Hwy 210 is listed on the Comprehensive Transportation Plan as a boulevard needing improvement At the inquiry of Commissioner Tony Braswell , Mr Newton stated the property has always been utilized as a residence , to the best of staff’s knowledge Applicant Curk Lane with True Line Surveying , 205 W Main Street , Clayton , representing the owner , addressed the Board and offered to answer any questions Upon questions by Chairman Ted G Godwin , Mr Lane stated the owner proposes to use the site as a home health care business He stated the home health care technicians would meet onsite in the mornings and then proceed out to individual homes to serve their clients Mr Lane stated approximately six to seven cars would be associated with the business Pastor Paul Rowland , representing the Berea Presbyterian Church , adjacent property owner , presented a petition in opposition to the Board containing 23 signatures Pastor Rowland stated a representative from the home health care business spoke with him on March 1 , 2020 and informed him that they have been in operation on the site for two months Pastor Rowland stated the Planning Board voted against the rezoning request in December and he feels the owner has not acted with respect because they have continued their operation Pastor Rowland stated the church has been there for over 100 years and they have real concerns about having a business next to them He spoke on the agricultural and residential nature of the area At the request of Pastor Rowland , approximately seven people in the audience and affiliated with the Berea Presbyterian Church stood in opposition to the request At the inquiry of Chairman Godwin , Mr Lane stated he does not know exactly how long Ultimate 1 Properties , LLC has owned the site Commissioner Braswell asked Mr Lane if the business is currently in operation on the subject site Mr Lane responded that he does not know if the business is in full operation on the subject site at the present Mr Lane stated it is his understanding that the property was purchased with the intent to operate the home health care business from the residence on the site There being no further public comments , the Chairman closed the public comment portion of the hearing PagePage pageNumber6283 March 2 , 2020 – 6 00 pm Continued 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 Commissioner Chad M Stewart questioned why the owner would have purchased a residential property for the purposes of operating a business Commissioner Stewart stated he is pro - business ; however , he feels they should have purchased a site that was already within the business community or at least would have reached out to the adjacent church and other property owners prior to purchase There being no further comments , the Chairman recessed the Rezoning Hearing for Case 19 - 24 Decision on Rezoning Case 19 - 24 Case 19 - 24 Petition to rezone 41 acres located at 10321 NC Hwy 210 in the Elevation Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 07F06063 Owner Ultimate 1 Properties , LLC Applicant True Line Surveying Curk Lane Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution and deny the rezoning request for Case 19 - 24 Commissioner Patrick E Harris seconded the motion which carried by the following vote RESOLUTION FOR CASE NUMBER 19 - 24 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 07F06063 located at 10321 NC Hwy 210 , 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 nd Adopted this the 2 day of March , 2020 The Chairman reopened the Rezoning Hearing for Case 19 - 29 Case 19 - 29 Petition to rezone 025 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 Planning Director Braston Newton stated the petition is to rezone 025 of a 1031 acre tract located at 1340 Two Claude Road in the Pleasant Grove Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning is to allow for the parking ofPagePage pageNumber7284 March 2 , 2020 – 6 00 pm Continued work trucks , skid steers , mini - excavators and trailers commercial vehicles and to store small amounts of materials 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 “ 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 Mr Newton stated this portion of Two Claude Road does not appear on the Comprehensive Transportation Plan as needing improvement Curk Lane with True Line Surveying , 205 W Main Street , Clayton , representing the applicant , offered to answer any questions Upon a question by Commissioner Tony Braswell , Mr Lane stated the applicant is in the septic tank and footing business Mr Lane stated the applicant has been in operation from the subject site for a long time At the inquiry of Commissioner Chad M Stewart , Mr Newton reported the rezoning came in as a violation ; however , staff has never heard any other complaints Chairman Ted G Godwin reported there were no objections at the Planning Board meeting There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet Commissioner Butch Lawter asked how common it is for the Board to split - zone a single parcel of land Mr Newton responded that although it is not a frequent occurrence , it is not uncommon There being no further comments , the Chairman recessed the Rezoning Hearing for Case 19 - 29 Decision on Rezoning Case 19 - 29 Case 19 - 29 Petition to rezone 025 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 Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 29 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 29 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 13C02056B located at 1340 Two Claude Road 025 acre of 1031 acre , as shown on the attached Exhibit A , from Agricultural Residential to General Business - Special Use District to allow for storage of commercial equipment 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 PagePage pageNumber8285 March 2 , 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 in that it aligns with “ 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 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business – Special Use District GB - SUD nd Adopted this the 2 day of March , 2020 The Chairman opened the Special Use Hearing for Case 19 - 29 Case 19 - 29 To park work trucks , skid steers , mini - excavators and trailers and to store small amounts of materials Owner Tyler Nordan Applicant Tyler Nordan Those wishing to speak on Special Use Case 19 - 29 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 the parking of work trucks , skid steers , mini - excavators and trailers and to store small amounts of materials 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 - 29 on October 31 , 2019 At that time , the applicant was informed of the following ? If approved , applicant must provide to the Planning Office a Site Plan for their review and approval ? Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board ? Applicant will be notified in writing of the Board’s decision ? If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners ? Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period ? When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements ? Subsequent to the pre - application consultation , all required notices were mailed to adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On December 17 , 2019 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 19 - 29 and made the following recommendations Upon a motion by Mr Caldwell to approve Rezoning Case 19 - 29 , seconded by Mr Creech , with Ms Hackler in opposition , Rezoning Case 19 - 29 was approved by a vote of 6 - 1 at the December 17 , 2019 Planning Board Meeting Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 19 - 29 with the change in the number of vehicles to 12 Condition # 7 , seconded by Mr Sapir , with Ms Hackler in opposition , the Special Use Conditions for Rezoning Case 19 - 29 were approved by a vote of 6 - 1 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 at the end of Honeycutt Rd and end of Two Claude and is surrounded by land in the ag conservation district The storage and parking of mini excavator , skidsteer loaders , trailers and small materials will be limited to the right side of the lot and will be out in the field most days 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 re - zoning to GB - SUD will allow for the parking and storage of equipment and will not require any Land or Utility Land Development This will keep the intensity the same 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value ofPagePage pageNumber9286 March 2 , 2020 – 6 00 pm Continued contiguous property , or that the use or development is a public necessity ; Applicant The use of this lot as parking and temp material storage will maintain the value of the contiguous property as the surround property is the ag conservation district 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 will be limited to storage and overnight parking and is not open to the public for retail sales or service Specific Land Uses APPLICANT To park work trucks , skid steers , mini - excavators & trailers and to store small amounts of materials Special Use Conditions 1 Permitted Uses Parking for commercial vehicles and construction equipment and small amounts of materials 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 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Sunday , 24 hours 7 No more than 8 12 commercial vehicles parked on site 8 No advertising signage allowed 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 All outdoor storage shall be enclosed in an 8 ’ opaque fence or sufficient vegetative screening 11 NCDOT driveway permit required as well as the paving of the driveway apron through the ROW , at minimum Items in bold were recommendations made during the meeting by the Planning Board Mr Newton noted the special use conditions for the Board Mr Newton reported the Planning Board discussed the request in depth and condensed the use to “ commercial vehicles ” to coincide with the definitions in the Land Development Code Curk Lane with True Line Surveying , 205 W Main Street , Clayton , representing the applicant , stated they accept the special use conditions as recommended by the Planning Board Commissioner Butch Lawter noted that as part of the Findings of Facts , it must be determined if the use will maintain or enhance the value of contiguous property and he asked Mr Lane if he was qualified to speak on such matters Mr Lane responded that he was not qualified to speak to the value of contiguous property Commissioner Lawter stated in this case , he does not think there is an issue ; however , for future reference there should be competent testimony regarding the Findings of Facts Commissioner Larry Wood asked how often the applicant would operate at night Mr Lane stated unless a customer has a septic emergency , the applicant does not work at night Commissioner Chad M Stewart stated this particular use is more of a farm type operation to him considering the type of equipment used by the applicant 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 recessed the Special Use Hearing for Case 19 - 29 Decision on Special Use Case 19 - 29 Case 19 - 29 To park work trucks , skid steers , mini - excavators and trailers and to store small amounts of materials Owner Tyler Nordan Applicant Tyler Nordan 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 - 29 to allow parking for commercial vehicles and construction equipment as well as small amounts of materials on 025 of aPage0287 March 2 , 2020 – 6 00 pm Continued 1031 acre tract located at 1340 Two Claude Road in the Pleasant Grove Township Commissioner Chad M Stewart 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 site will comply with all local , state and federal requirements The site has been operated as a commercial use for many years The request is consistent with the County’s Comprehensive Land Use plan , Goal 3A , in that it promotes the development of an existing business and diversifies the local economy and expands the tax base Further , the development is located , designed , and proposed to be operated so as to maintain the public welfare The development abuts a voluntary agricultural district and site plan compliance with Johnston County land development regulations will ensure that the request does not negatively impact the public 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 use and development complies with all required use and intensity regulations in the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations The site will comply with all local , state , and federal requirements The request is consistent with the County’s Comprehensive Land Use plan 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 site has been used commercially for many years and has not negatively affected the value of the contiguous property The use will follow regulations required as specified by Johnston County 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners The use is consistent with the general plans for physical development in the County’s Planning jurisdiction as it encourages and diversifies the economy of Johnston County The site has been used commercially for many years Specific Land Uses APPLICANT To park work trucks , skid steers , mini - excavators & trailers and to store small amounts of materials Special Use Conditions 1 Permitted Uses Parking for commercial vehicles and construction equipment and small amounts of materials 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 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Sunday , 24 hours 7 No more than 12 commercial vehicles parked on site 8 No advertising signage allowed 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties 10 All outdoor storage shall be enclosed in an 8 ’ opaque fence or sufficient vegetative screening 11 NCDOT driveway permit required as well as the paving of the driveway apron through the ROW , at minimum The Chairman reopened the Rezoning Hearing for Case 19 - 30 Case 19 - 30 Petition to rezone 1305 acres located at 651 Williford Road in the Bentonville Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 02O15008A ; 02O15007A ; & 02O15008D Owner K - Farms , Inc Applicant Blue Water Sand & Gravel , Inc Planning Director Braston Newton stated the petition is to rezone 1305 acres located at 651 Williford 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 sand and gravel mining Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural purposes and mining operations The surrounding land uses are zoned Agricultural Residential and used for agricultural and residential purposes and Industrial 2 – Special Use District for sand and gravel mining The area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures anticipated over the next 20 years Mr Newton reported this portion of Williford Road does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton explained that staff was recently notified by the State of a violation with the State mining permit and in researching the matter staff discovered the mine operation had expanded onto an adjoining property that was not properly zoned Mr Newton stated when a State mining permit is applied for or modified , the local jurisdiction is notified ; however , in this instance staff could not find documentation of a notification for thePage1288 March 2 , 2020 – 6 00 pm Continued subject operation Mr Newton stated he believes the applicant has documentation showing where the County received the notice , so he is unsure how this was missed Bryson Pike , Attorney with Narron Wenzel , PA , representing the applicant , provided a history of the operation and stated in 2013 Ronnie Kirkpatrick applied for State mining permits and as part of that process , the County was sent a copy of the application Mr Pike stated he has documentation certifying the application was received by the County Mr Pike stated the mining permits were granted by the State in April of 2014 and the mines have been in operation since that time He continued that Ronnie Kirkpatrick passed away in September of 2018 whereupon his son , James Kirkpatrick , inherited the mines and has continued to operate them since that time Mr Pike stated in 2019 , James Kirkpatrick began receiving zoning violation notices from the County , which they believe was prompted when he filed for a modification of the mining permit with the State He stated Mr Kirkpatrick has since withdrew his modification request and the State has lifted their notice of violation Mr Pike stated they would like to rectify the zoning matter and bring the property into compliance At the inquiry of Commissioner Butch Lawter , Mr Pike stated his client withdrew the modification request , but the State’s mining permit is still active Don Earnest , 9820 US Hwy 301 S , Four Oaks , stated he is not speaking for or against the rezoning case , but he does have concerns over there being three major mining operations in Johnston County and having sufficient monitoring or enforcement of the ordinances that apply to such operations Richard Braswell , Princeton , stated he used to own property on Williford Road and he can say that almost every resident on that road has moved away because of flooding issues 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 - 30 Decision on Rezoning Case 19 - 30 Case 19 - 30 Petition to rezone 1305 acres located at 651 Williford Road in the Bentonville Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 02O15008A ; 02O15007A ; & 02O15008D Owner K - Farms , Inc Applicant Blue Water Sand & Gravel , Inc Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 19 - 30 Commissioner Chad M Stewart seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 19 - 30 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 02O15008A , 02O15007A , and 02O15008D located at 651 Williford 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 Page2289 March 2 , 2020 – 6 00 pm Continued NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 3 “ Diversify and expand the economy ” 2 This Board finds and determines that it is reasonable and in the public interest to approve the proposed amendment because a The Industrial 2 - Special Use District zoning is compatible with surrounding land uses 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD nd Adopted this the 2 day of March , 2020 The Chairman reopened the Special Use Hearing for Case 19 - 30 Case 19 - 30 To allow for a sand and gravel mining operation Owner K - Farms , Inc Applicant Blue Water Sand & Gravel , Inc Those wishing to speak on Special Use Case 19 - 30 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 sand and gravel mining 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 - 30 on October 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 property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On January 21 , 2020 , the Johnston County Planning Board held a public hearing regarding Special Use Permit Case 19 - 30 and made the following recommendations Upon a motion by Mr Letchworth to approve Case 19 - 30 as requested , seconded by Ms Hackler , Case 19 - 30 was approved as requested by a unanimous vote of 8 - 0 at the January 21 , 2020 Planning Board Meeting Upon a motion by Mr Caldwell to approve the Special Use Conditions for Rezoning Case 19 - 30 as requested , seconded by Ms Stewart , Special Use Conditions for Rezoning Case 19 - 30 were approved as requested by a unanimous vote of 8 - 0 at the January 21 , 2020 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 As with the current SUD , this is a sand & gravel extraction or mining as regulated by NCDEQ and MSHA No sedimentation or nuisance leaves the property - the road is cleaned from truck traffic and dust 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 Regulated by NC Mining Act of 1971 , GS 74 - Article 7 , federal permits may be obtained as necessary regarding wetlands , streams and mining safety Regulated by NC NPDES permits per GS 143 - 2151 general permit NCG020882 expires June 2020 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 Berms and vegetation will be utilized to eliminate visibility of the mine area , dust control will be utilized during operation per NCDENR specifications maintaining the existing rural character of Johnston County Permitted mines will promote areas of growth in Johnston County as material is readily available from the proposed existing mine site Page3290 March 2 , 2020 – 6 00 pm Continued 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 Upon suspension of mining operations , the rural character of Johnston County will be enhanced by creating man - made ponds lakes utilized for water fowl empoundments and a potential camping area with walking trails Specific Land Uses APPLICANT To allow for sand and gravel mining Special Use Conditions 1 Permitted Uses Sand and Gravel 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 - 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 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 Page4291 March 2 , 2020 – 6 00 pm Continued 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 called the special use conditions to the Board’s attention At the request of Chairman Ted G Godwin , Mr Newton reviewed the required setbacks with the Board Bryson Pike , Attorney with Narron Wenzel , PA , representing the applicant , stated they have no concerns with the special use conditions and they have received permission from the adjoining landowner regarding a reduction in the setback requirements 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 recessed the Special Use Hearing for Case 19 - 30 Decision on Special Use Case 19 - 30 Case 19 - 30 To allow for a sand and gravel mining operation Owner K - Farms , Inc Applicant Blue Water Sand & Gravel , Inc Page5292 March 2 , 2020 – 6 00 pm Continued Based on the following findings of facts and special use conditions , Commissioner Chad M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 19 - 30 to allow for a sand and gravel mining operation on 1305 acres located at 651 Williford Road in the Bentonville Township Commissioner Tony Braswell 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 mine is 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 The applicant has established through competent , material , and substantial documentary that the traffic from the sand mine will have little , if any , impact on the surrounding road system The applicant has established that no sedimentation or nuisance will leave the property and that the road is cleaned from truck traffic and dust 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The mine is subject to state and federal regulation and will be required to comply with such regulations as a condition of its mining permit The mine shall meet all specific standards set out in 14 - 257 d of the Johnston County Land Development Code The mine is regulated by the NC Mining Act of 1971 , GS 74 - Article 7 and federal permits may be obtained as necessary regarding wetlands , streams and mining safety The mine is regulated by NC NPDES permits pursuant to GS 143 - 2151 general permit NCG020882 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 applicant has established 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 Berms and vegetation shall be utilized to eliminate the visibility of the mine area and dust control will be utilized during operation per NCDENR specifications maintaining the existing rural character of Johnston County Permitted mines will promote areas of growth in Johnston County as material is readily available from the proposed existing mine site 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 A mining operation such as this proposed sand mine is permitted as a special use in the I - 2 zoning district Upon suspension of mining operations , the rural character of Johnston County will be enhanced by creating man - made ponds lakes utilized for water fowl impoundments and a potential camping area with walking trails Specific Land Uses APPLICANT To allow for sand and gravel mining Special Use Conditions 1 Permitted Uses Sand and Gravel 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 - 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 Page6293 March 2 , 2020 – 6 00 pm Continued 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 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 initia