June 4, 2012 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 853 Meeting of the Johnston County Board of Commissioners June 4 , 2012 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 4 , 2012 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Allen L Mims , Jr , Vice Chairman Jeffrey P Carver , Cookie Pope , Wade M Stewart , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present County Manager Rick J Hester and Clerk to the Board Paula G Woodard Chairman Allen L Mims , Jr called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment A Public Records Request Allyson Caison , 312 N Massey Street , Selma , North Carolina , submitted a public records request to the County dated June 4 , 2012 , requesting various information and documents pertaining to the funding and construction of fencing at the Johnston County Airport at the beginning of Charlie Day Memorial Drive Ms Caison also reviewed the following PowerPoint Presentation with the Board concerning the fencing project Fence at JNX Terminal NC Stop Torture Now Public Records Request Regarding DOT Grant Dollars , County Funds and Aero’s New Fence Fence at Hwy 70 New DOT funded gate at Aero Fence with Privacy Screen at End of Contractors Charlie Day Memorial DrivePage854 June 4 , 2012 – 6 00 pm Continued 150k DOT and 16687 JC funds to install Aero’s new fence Fence at south east end of terminal Ms Caison questioned who made the fencing decisions at the Airport and she requested the details of conversations that lead up to the construction of the fence near Aero Contractors Ms Caison asked the County Manager and County Attorney to respond in detail to the public records request B Comments from Chuck Fager Chuck Fager , 223 Hillside Avenue , Fayetteville , North Carolina , submitted updated information to the Board regarding his opposition to the proposed tolling of Interstate 95 in North Carolina as well as NC Stop Torture Now Quaker House 2 Public Hearing Rezoning and Special Use Requests Advertised – In The Smithfield Herald – May 23 and 30 , 2012 Certified letters were mailed to adjoining property owners on May 21 , 2012 Notices were posted at the locations on April 2 , 2012 for Cases 07 - 12 Mod , 12 - 05 , and 12 - 06 The Chairman opened the Special Use Hearing for Case 07 - 12 MOD Case 07 - 12 MOD A request to modify the Special Use Permit for 2238 acres zoned Agricultural Residential - Special Use District AR - SUD located at 12160 NC Hwy 42 East in O’Neals Township This modification is a request to add a shooting range , concealed handgun carriers course , place of worship , and other fund raising activities to the existing Special Use Permit for a therapeutic riding facility to include stables with horse boarding , an office , a building for equipment storage , riding ring , and a bunkhouse Tax ID 11O03116B Owner Bobby R Lewis Applicant Reins From Above Therapeutic Riding Center Those wishing to speak on Special Use Case 07 - 12 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to modify the special use permit for 2238 acres zoned Agricultural Residential - Special Use District located at 12160 NC Hwy 42 East in O’Neals Township The modification is a request to add a shooting range , concealed handgun carriers course , place of worship , and other fund raising activities to the existing special use permit for a therapeutic riding facility to include stables with horse boarding , an office , a building for equipment storage , riding ring , and a bunkhouse Mr Gray introduced the following summary of evidence into the record Page855 June 4 , 2012 – 6 00 pm Continued A pre - application consultation was held with the applicant for Case 07 - 12 MOD on February 9 , 2012 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 , storm water 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 April 17 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 07 - 12 MOD and made the following recommendations Upon a motion by Mr Gathers for approval with the changes to condition # 7 Monday - Sunday , hours extended till 10 00 pm and no shooting after 7pm ; condition # 11 removing automatic firearms ; condition # 13 limit 1 shooter at one time ; add condition # 17 will not take place during other activities , seconded by Mr DeLaine , carried by a unanimous vote of 6 - 0 , the Planning Board recommended approval of the Special Use Permit Modification for Case 07 - 12 based on the following Findings of Facts and Special Use Conditions 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 site will be used as a therapeutic riding center which will require minimal development and allow the site to maintain its natural state The proposal will not negatively impact neighboring property Staff The applicant has developed standards for safety within their Standard Operating Procedures SOP , and has implemented range operation control measure and primary containment measures for the discharge of firearms In addition they will be subject to special use conditions which will ensure that the development maintains the public health , safety and general welfare of the community 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 site plan will be submitted to all county and state agencies for appropriate approval once modification is approved Staff The applicant instructs the public on the safe operation of firearms , and does not maintain range hours for the general public only those whom have received instruction through their course offerings this small scale operation The applicant plans to comply with the use and intensity regulations as set forth in the Land Development Code 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The majority of the adjoining property is wooded or agricultural fields , and the proposed site will maintain that same appearance Staff This use will operate within specified hours of operation and be bound by the special use conditions required by the Boards 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 This property will maintain the rural image of the community by keeping the site in a natural state Staff Applicant’s development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Special Use Conditions 1 Permitted Uses Therapeutic riding facility to include stables with horse boarding , an office , a building for equipment storage , riding ring , and a bunkhouse , shooting range , concealed handgun carriers course , place of worship , and other fund raising activities 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 the Planning and Zoning Department Staff 4 Signage must comply with Sign Code 5 Must obtain a driveway permit from NCDOT 6 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet May leave existing natural vegetation if more intense than the buffer requirement No buffer is required along the Lewis Property , the Renfrow Property , and the road frontage , unless the ownership or use changes , then a buffer would be required Buffering is required for the parking lot area 7 Hours of Operation 8 30am - 10 00pm Monday - Sunday No shooting of firearms related to the concealed carry class after 7pm Page856 June 4 , 2012 – 6 00 pm Continued 8 Liability insurance to be on file with Staff in the amount of 1 million per incident 9 Any lighting shall be engineered so as not to glare onto adjacent properties 10 All animal waste shall be properly disposed of , so as not to hinder the surrounding environment or potable drinking water system 11 Shall be limited to hand guns only 12 Shall be limited to stationary targets and shooting trees falling plates , or standing plates may be used 13 Shall be limited to no more than 12 shooters on the range only one shooter firing a weapon at any one time 14 Shall routinely evaluate the need for and install utilize sound mitigating abatement measures 15 Proposed fundraisers include but not limited to festivals , CPR classes , clothing drive , barn dances , turkey shoots , barrel races , rodeo events , and steel pony rodeo within the use of the existing facilities 16 That all proper documentation be provided verifying the firearm classes will be conducted by a certified instructor as well as a copy of their Standard Operating Procedure SOP 17 Shooting on the range shall not be allowed when other activities are taking place items in bold are proposed additions Mr Gray noted the existing use of a therapeutic riding center would continue along with the additional requested uses , if approved The surrounding land uses are zoned Agricultural Residential and used for such purposes ; Community Business and used for a gas station convenience store mobile food unit ; General Business and used for mobile home sales and office ; and General Business – Special Use District and used for a flea market Mr Gray stated the area is located within a designated “ Agricultural Rural Conservation Area ” on the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures anticipated over the next 20 years Mr Gray stated the site was reported to the Planning Department as a violation for operating a firing range The applicant currently operates an outdoor range along the rear of the property and uses a constructed earthen berm as the primary back stop along with a large area of natural vegetation and trees Mr Gray reported the concealed carry class fundraiser operates about once per month and the class allows one shooter on the firing line at a time with each student taking turns Mr Gray stated the applicant also wishes to utilize the existing office to conduct classroom instruction for concealed carry , firearm safety , and CPR courses Mr Gray noted staff has received two letters from the adjacent property owners stating they have no problems with the proposed modification He reported the area is rural and the nearest home located behind the firing line is approximately 700 ft and the nearest home to the left , right , and front of the firing line is 1,500 ft Mr Gray stated staff has received no complaints regarding the impact of shooting and the downrange safety area is completely within the control of the property owner Mr Gray stated all other fundraising activities would be carried out in the existing facilities and no new facilities will be constructed Mr Gray reviewed the proposed modifications to the special use conditions with the Board Chairman Allen L Mims , Jr asked if the firearms would have noise suppressors and also inquired as to the height and safety of the existing berm Mr Gray reported the Planning Board discussed firearms suppressors at the Planning Board meeting ; however , no condition regarding suppressors was added Mr Gray stated the existing berm is 6 ft in height with dense vegetation behind it Mr Gray stated the Board could make an adjustment in the conditions to the height of the berm ; however , he noted staff visited the site and given that the existing berm is 6 ft in height with one person shooting at the time at close range , staff did not feel anything taller was necessary Commissioner Tony Braswell commented that typically , a concealed carry class practices close range firing Stacy Ryder , representing Reins from Above Therapeutic Riding Center , the applicant , offered to answer any questions Chairman Mims asked Ms Ryder if the noise from the firearms would affect the horses at the riding center Ms Ryder explained there are suppressors on the firearms during the classes ; however , she noted firing is prohibited when riding activities are taking place Ms Ryder also noted that the horses do not seem to be bothered by firearms on the property during the turkey shoots Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 07 - 12 MOD PagePage pageNumber5857 June 4 , 2012 – 6 00 pm Continued Decision on Special Use Case 07 - 12 MOD Case 07 - 12 MOD A request to modify the Special Use Permit for 2238 acres zoned Agricultural Residential - Special Use District AR - SUD located at 12160 NC Hwy 42 East in O’Neals Township This modification is a request to add a shooting range , concealed handgun carriers course , place of worship , and other fund raising activities to the existing Special Use Permit for a therapeutic riding facility to include stables with horse boarding , an office , a building for equipment storage , riding ring , and a bunkhouse Tax ID 11O03116B Owner Bobby R Lewis Applicant Reins From Above Therapeutic Riding Center Based on the findings of facts and special use conditions as listed below , Commissioner Tony Braswell moved the Board approve the modification to the special use permit for Case 07 - 12 MOD for 2238 acres zoned Agricultural Residential - Special Use District located at 12160 NC Hwy 42 East in O’Neals Township to add a shooting range , concealed handgun carriers course , place of worship , and other fund raising activities to the existing Special Use Permit for a therapeutic riding facility to include stables with horse boarding , an office , a building for equipment storage , riding ring , and a bunkhouse Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses Therapeutic riding facility to include stables with horse boarding , an office , a building for equipment storage , riding ring , and a bunkhouse , shooting range , concealed handgun carriers course , place of worship , and other fund raising activities 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 the Planning and Zoning Department Staff 4 Signage must comply with Sign Code 5 Must obtain a driveway permit from NCDOT 6 Installation of at least a Class B buffer along all rezoning lines 3 large trees , 4 small trees , and 12 shrubs every 100 linear feet May leave existing natural vegetation if more intense than the buffer requirement No buffer is required along the Lewis Property , the Renfrow Property , and the road frontage , unless the ownership or use changes , then a buffer would be required Buffering is required for the parking lot area 7 Hours of Operation 8 30am - 10 00 pm Monday - Sunday No shooting of firearms related to the concealed carry class after 7pm 8 Liability insurance to be on file with Staff in the amount of 1 million per incident 9 Any lighting shall be engineered so as not to glare onto adjacent properties 10 All animal waste shall be properly disposed of , so as not to hinder the surrounding environment or potable drinking water system 11 Shall be limited to hand guns only 12 Shall be limited to stationary targets and shooting trees falling plates , or standing plates may be used 13 Shall be limited to only one shooter firing a weapon at any one time 14 Shall routinely evaluate the need for and install utilize sound mitigating abatement measures 15 Proposed fundraisers include but not limited to festivals , CPR classes , clothing drive , barn dances , turkey shoots , barrel races , rodeo events , and steel pony rodeo within the use of the existing facilities 16 That all proper documentation be provided verifying the firearm classes will be conducted by a certified instructor as well as a copy of their Standard Operating Procedure SOP 17 Shooting on the range shall not be allowed when other activities are taking place The Chairman opened the Rezoning Hearing for Case 12 - 05 Case 12 - 05 Petition to rezone a 615 acre tract located off Old Roberts Road and Barberry Drive in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13E04048E Owner Donald and Beverly Adams Applicant DC Adams Engineering – Donnie Adams Planning Director Berry Gray stated the petition is to rezone a 615 acre tract located off Old Roberts Road and Barberry Drive in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District He noted the special use request associated with the rezoning Mr Gray reported the existing use is vacant The surrounding land uses are zoned Agricultural Residential to the north and used for such purposes ; MHP for a Mobile Home Park ; Industrial 2 – and used for commercial , retail sales and other manufacturing uses ; and Interstate Highway Interchange and used for a variety of commercial uses The area is located within a designated Primary Growth Area on the County’s Comprehensive Land Use Plan whichPagePage pageNumber6858 June 4 , 2012 – 6 00 pm Continued denotes an area in which high levels of growth pressures currently exist or are anticipated near term Additionally , the site is located near a Regional Centers commercial activity node Mr Gray stated the access to the subject site is located through the existing adjacent mobile home park which is owned by the same property owner as the subject site Mr Gray stated the proposed zoning is compatible with the area Donnie Adams , 404 Swan Trail , Clayton , stated he was representing his father , the applicant Mr Adams confirmed that his father owns the adjacent mobile home park and it is his intention to protect the mobile home park Mr Gray reported the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 12 - 05 Decision on Rezoning Case 12 - 05 Case 12 - 05 Petition to rezone a 615 acre tract located off Old Roberts Road and Barberry Drive in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13E04048E Owner Donald and Beverly Adams Applicant DC Adams Engineering – Donnie Adams Commissioner Jeffrey P Carver moved the Board approve rezoning case 12 - 05 to rezone a 615 acre tract located off Old Roberts Road and Barberry Drive in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 12 - 05 Case 12 - 05 To allow for the operation of a Contractor’s office with outdoor storage yard Owner Donald and Beverly Adams Applicant DC Adams Engineering – Donnie Adams Those wishing to speak on Special Use Case 12 - 05 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for the operation of a Contractor’s office with outdoor storage yard Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 05 on February 29 , 2012 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 April 17 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 05 and made the following recommendations Upon a motion by Mr DeLaine for approval , seconded by Mr Smith , carried by a unanimous vote of 5 - 0 , the Planning Board recommended approval of the rezoning for Case 12 - 05 Upon a motion by Mr DeLaine for approval , seconded by Mr Massengill , carried by a vote of 4 - 1 , with Ms Hackler dissenting , the Planning Board recommended approval of the special use permit for Case 12 - 05 based on the following Findings of Facts and Special Use Conditions 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 ;PagePage pageNumber7859 June 4 , 2012 – 6 00 pm Continued Staff The site is located in a high commercial growth area and will not pose a threat to the public health , safety or general welfare 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 ; Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code The permit will expire with the violation of any special use condition 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 ; Staff The special use conditions required by the Boards will maintain the value of contiguous properties 4 That the use or development conforms to 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 Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses Contractor’s office with storage yard Special Use Conditions 1 Permitted Uses contractor’s office with outside storage yard 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 around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 Outdoor storage shall be enclosed by an opaque fence 6 All buildings and or structures must comply with rules enforced by Federal , State and local agencies 7 Signage must comply with the signage code 8 Hours of operation shall be Monday - Sunday 6 00am - 10 00pm 9 Any outdoor lighting must be designed as to not shine onto adjacent properties Mr Gray listed and reviewed each of the proposed special use conditions with the Board Donnie Adams , 404 Swan Trail , Clayton , representing his father , the applicant , confirmed that they are in agreement with the proposed special use conditions Mr Adams stated he would work with staff on the landscaping and fencing requirements Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman recessed the Special Use Hearing for Case 12 - 05 Decision on Special Use Case 12 - 05 Case 12 - 05 To allow for the operation of a Contractor’s office with outdoor storage yard Owner Donald and Beverly Adams Applicant DC Adams Engineering – Donnie Adams Based on the findings of facts and the special use conditions listed below , Commissioner Cookie Pope moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 05 to allow for the operation of a Contractor’s office with outdoor storage yard on a 615 acre tract located off Old Roberts Road and Barberry Drive in Pleasant Grove Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own Special Use Conditions 1 Permitted Uses contractor’s office with outside storage yard 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 around the business 2 large trees , 3 small trees , and 9 shrubs every one hundred 100 linear feet Existing natural vegetation may be used if equal or more intense than the Class B buffer 5 Outdoor storage shall be enclosed by an opaque fence 6 All buildings and or structures must comply with rules enforced by Federal , State and local agencies 7 Signage must comply with the signage code 8 Hours of operation shall be Monday - Sunday 6 00am - 10 00pm 9 Any outdoor lighting must be designed as to not shine onto adjacent properties PagePage pageNumber8860 June 4 , 2012 – 6 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 12 - 06 Case 12 - 06 Petition to rezone a 2375 acre portion of a 4469 acre tract located on US 701 South , in Bentonville Township from Agricultural Residential AR to Industrial - 2 - Special Use District I2 - SUD Tax ID 02J16035A Owner Raymond Millard Hayes Jr , Marcia Jewell Hayes Applicant Raymond Millard Hayes Jr Planning Director Berry Gray stated the petition is to rezone a 2375 acre portion of a 4469 acre tract located on US 701 South , in Bentonville Township from Agricultural Residential to Industrial - 2 - Special Use District He noted the accompanying special use request with the rezoning Mr Gray reported the existing land use is vacant The surrounding land uses are zoned Agricultural Residential and used for such purposes and Industrial 2 – Special Use District and used as a sand mine also owned by the applicant Mr Gray stated the area is located within a designated “ Agricultural Rural Conservations Area ” in the County’s Comprehensive Land Use Plan which denotes areas of low levels of growth pressures , anticipated over the next 20 years Mr Gray stated there is some 100 year flood plain area on portions of the property ; however , that area is located behind the site presently planned for the sand mine , but could affect future modifications Applicant Raymond Millard Hayes offered to answer any questions Mr Hayes stated he intends to use a deeded easement on the adjacent property for access Mr Gray reported the Planning Board recommended approval of the rezoning request There being no further comments , the Chairman closed the Rezoning Hearing for Case 12 - 06 Decision on Rezoning Case 12 - 06 Case 12 - 06 Petition to rezone a 2375 acre portion of a 4469 acre tract located on US 701 South , in Bentonville Township from Agricultural Residential AR to Industrial - 2 - Special Use District I2 - SUD Tax ID 02J16035A Owner Raymond Millard Hayes Jr , Marcia Jewell Hayes Applicant Raymond Millard Hayes Jr Commissioner Wade M Stewart moved the Board approve rezoning case 12 - 06 to rezone a 2375 acre portion of a 4469 acre tract located on US 701 South , in Bentonville Township from Agricultural Residential to Industrial - 2 - Special Use District Commissioner Cookie Pope seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 12 - 06 Case 12 - 06 To allow for a sand mining operation Owner Raymond Millard Hayes Jr , Marcia Jewell Hayes Applicant Raymond Millard Hayes Jr Those wishing to speak on Special Use Case 12 - 06 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the request is to allow for a sand mining operation Mr Gray introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 12 - 06 on March 1 , 2012 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 PagePage pageNumber9861 June 4 , 2012 – 6 00 pm Continued On April 17 , 2012 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 12 - 06 and made the following recommendations Upon a motion by Mr Massengill for approval , seconded by Ms Hackler , carried by a unanimous vote of 5 - 0 , the Planning Board recommended approval of Case 12 - 06 Rezoning Upon a motion by Mr Massengill for approval , seconded by Ms Hackler , carried by a unanimous vote of 5 - 0 , the Planning Board recommended approval of the Special Use Permit for Case 12 - 06 based on the following Findings of Facts and Special Use Conditions 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 site will be operating under a North Carolina Department of Environment and Natural Resources NCDENR Mining Permit and will follow all the safety requirements A portion of the property to the north owned by RM Hayes NCPIN 159700 - 16 - 7523 has been rezoned as I - 2 SUD and has been operating as a sand and gravel pit for 5 years The proposed operation will follow the same health and safety regulations Staff The site is located along an existing access road and has an existing sand mine operation in the vicinity and will not pose a threat to the public health , safety or general welfare 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 operation will be in compliance with all pertinent codes and regulations The permitting of the operation will be through NCDENR and will follow their regulations as well as the Special Use conditions specified by Johnston County Staff This development will comply with the use and intensity regulations as set forth in the Land Development Code The Special Use Permit specifically lists all sections of the ordinance that pertain to the mining operation The permit will expire with the violation of any special use condition 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant The operation will follow the reclamation plan as specified by NCDENR and follow all Special Use conditions as specified by Johnston County Staff The facility is in a very rural area The special use conditions required by the Boards will maintain the value of contiguous properties 4 That the use or development conforms to 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 There will be no structures erected on the property and the only change to the property will be the sand pit excavation Staff Applicant’s proposed development will conform to all requirements of the Land Development Code and any conditions as required by the Boards and Federal , State and Local agencies Specific Land Uses APPLICANT A Sand Mining 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 – Saturday , dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Installation of a Class C buffer 3 large trees , 4 small trees , and 12 shrubs or existing vegetation shall remain within the buffer area if it meets or exceeds buffer requirements 8 Setbacks 25 ’ 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 Page0862 June 4 , 2012 – 6 00 pm Continued 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition 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 Page1863 June 4 , 2012 – 6 00 pm Continued 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 Gray listed and reviewed the special use conditions with the Board Mr Gray noted the existing sand mine operation to the north of this site and stated staff has never received any complaints from that operation Applicant Raymond Millard Hayes confirmed that he understands the proposed special use conditions Mr Gray stated the Planning Board recommended approval There being no further comments , the Chairman closed the Special Use Hearing for Case 12 - 06 Decision on Special Use Case 12 - 06 Case 12 - 06 To allow for a sand mining operation Owner Raymond Millard Hayes Jr , Marcia Jewell Hayes Applicant Raymond Millard Hayes Jr Based on the findings of facts and the special use conditions as listed below , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit for Case 12 - 06 to allow for a sand mining operation on a 2375 acre portion of a 4469 acre tract located on US 701 South , in Bentonville Township Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Findings of Fact for the Special Use Permit The Board of Commissioners adopts the findings of facts as set in Staff’s recommendation in the above summary of evidence , as its own 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 – Saturday , dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Installation of a Class C buffer 3 large trees , 4 small trees , and 12 shrubs or existing vegetation shall remain within the buffer area if it meets or exceeds buffer requirements 8 Setbacks 25 ’ 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 Page2864 June 4 , 2012 – 6 00 pm Continued d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition 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 Page3865 June 4 , 2012 – 6 00 pm Continued 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 3 Manager Reports and Comments None 4 Board Reports and Comments The Board scheduled two special meetings for the purpose of discussing the proposed FY 2012 - 2013 County Budget The dates are June 20 , 2012 and June 25 , 2012 Both meetings will be held in the Commissioners Meeting Room of the Johnston County Courthouse and will begin at 6 00 pm The Fire Tax Committee scheduled a committee meeting for June 18 , 2012 at 4 00 pm in the Emergency Operations Center to meet with various fire departments that have requested fire district tax rate increases There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The meeting adjourned at 6 50 pm Allen L Mims , Jr , Chairman Paula G Woodard , Clerk to the BoardPage