July 6, 2015 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 676 Meeting of the Johnston County Board of Commissioners July 6 , 2015 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 6 , 2015 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Chairman Tony Braswell , Vice Chairman DeVan Barbour , Cookie Pope , Allen L Mims , Jr , Jeffrey P Carver , Ted G Godwin , and Chad M Stewart 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 Tony Braswell called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – June 24 and July 1 , 2015 Certified letters were mailed to adjoining property owners on June 22 , 2015 Notices were posted at the locations on May 4 , 2015 for Cases 03 - 46 MOD ; 15 - 12 ; 15 - 13 ; 15 - 14 ; 15 - 15 ; 15 - 16 ; 15 - 17 ; 15 - 18 ; 15 - 19 ; 15 - 20 and 15 - 22 The Chairman opened the Special Use Hearing for Case 03 - 46 MOD Case 03 - 46 MOD Petition to modify the Special Use Permit on a portion of two tracts totaling 182 acres zoned Industrial 2 - Special Use District I2 - SUD located along Camelia Rd in the Elevation Township The modification is to allow a temporary construction access on Camelia Rd and a modification to their proposed site plan Tax ID 07G09061C and 07G09061 Owner MG Johnson and Betty Jo J Peterson Applicant Martin Marietta Materials , Inc Those wishing to speak on Special Use Case 03 - 46 MOD were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to modify the special use permit on a portion of two tracts totaling 182 acres zoned Industrial 2 - Special Use District located along Camelia Road in the Elevation Township The modification is to allow a temporary construction access on Camelia Road and a modification to their proposed site plan Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 03 - 46 MOD on March 30 , 2015 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 May 19 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 03 - 46 MOD and made the following recommendations Page677 July 6 , 2015 – 6 00 pm Continued Upon a motion by Ms Hackler to approve Case 03 - 46 Modification with a new condition as it relates to Camelia Rd with the hours of Monday – Friday dawn to dusk , and the change to Condition # 12 stating not to exceed 5 years , seconded by Mr Creech and carried by a unanimous vote of 6 - 0 , Case 03 - 46 Modification was granted preliminary approval at the May 19th , 2015 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 requested temporary access is no different from any similar access to any similar property in the area The original condition prohibiting access was intended to assure that shipments of product from the quarry would not travel on Camelia Road Typically , product shipments would involve as many as 150 trips per day The amendment being requested is for temporary access for construction equipment to enter the parcels to construct the protective berm overburden storage area and the wetland relocation channel The equipment will be brought in and essentially left on the property during construction and then removed Daily access by operators and supervisors will be necessary during the twelve 12 month construction period Once the equipment is removed , only access for maintenance will be necessary , at most on a once per week schedule The twelve 12 month temporary access will begin when the actual access road is first used for the described construction purposes Applicant will notify the Planning Department of the date of commencement Staff The applicant will be subject to special use conditions and state and federal laws , 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 Applicant is not aware of any ordinance prohibiting access from a public road to an adjoining parcel Applicant will obtain permission from NC DOT before installing the access entrance shown in the site plan Staff The proposed shall 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 only contiguous property to the entrance road is owned by MG Johnson and Betty Jo Pearson , also owners of the subject parcel Entrance roads such as the proposed are common throughout the County and elsewhere and have no impact on contiguous property Staff The use of the property is allowed by the current zoning , and a temporary access with limitations after would not create a significant impact This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The use and development were approved in 2003 This request is for a temporary access as a result of changed circumstances There is no request for any change in zoning 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 Specific Land Uses APPLICANT Mining Operation Special Use Conditions 1 Permitted Uses Mining Operation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Saturday , dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Prior to any blasting on the new property , and subject to the property owners ’ permission , a pre - blast survey will be performed by an independent consultant , at Martin Marietta’s expense , on all non - company owned , occupied structures existing as of the date of the permit , within 1000 feet of the proposed blasting activities on the property , with a copy of the result provided to each property owner A record of the seismograph reading of each blast event will be kept for a minimum of five years at the quarry office and may be inspected by the County Manager or his designee No explosives will be stored on the property and will be brought onto the site the day of the blast 9 Martin Marietta will provide a property value guarantee to neighboring property owners within 1,000 feet of the perimeter of the property on their homes and the land on which the home is situated This would not include vacant , unimproved land 10 Within at least 1 year of anticipated relocation , applicant will submit to the Board an operation plan , as per ordinance subsection 2 , and will notify neighbors of the same 11 Special attention to buffer standards , per 5 g of Code of Ordinances CD 14 66 12 The County’s 24 - month window , according to Special Use Permit , would be waived to the extent necessary in this instance ; not to exceed five years 13 No entrance to the mining operation on Camelia Road 14 A temporary construction entrance along Camelia Road This entrance can only be used for twelve months after Planning Staff has been notified of operation by Martin Marietta 15 Access on Camelia Road entrance will be limited to Monday - Friday from dawn to dusk Page678 July 6 , 2015 – 6 00 pm Continued 16 The temporary construction entrance will be accessed a maximum of one day a week , for maintenance only , after the twelve month expiration 17 NCDOT driveway permit will be required for access 18 The following shall apply Land Development Code Section 14 - 257 d 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 ; 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 ; 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 Page679 July 6 , 2015 – 6 00 pm Continued 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 Gray noted the location of the modification on the site plan for the Board Mr Gray stated the site was rezoned in 2003 to allow for mining operations and the Board of Commissioners at that time approved special use conditions that would not allow a mining operation entrance along Camelia Road He stated the applicant is requesting access on Camelia Road that would be used temporarily for construction of the berm overburden storage area and wetland relocation channel and the mining operation would actually move further to the south on the site Mr Gray stated the heavy equipment would be brought in one time at the beginning of the construction project and would stay on site until the end of the project which would take approximately one year He stated there will be daily access for workers and supervisors during the construction period , but the mining operation itself would not use the access for hauling out materials Mr Gray reviewed the proposed changes to the special use conditions with the Board The surrounding land uses are zoned Industrial 2 and Industrial 2 - Special Use District and used for mining purposes as well as Agricultural Residential for agricultural and residential purposes The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressure are anticipated over the next 20 years Paxton Badham , 2710 Wycliff Road , Raleigh , representing Applicant Martin Marietta Materials , stated the quarry opened in 1986 and he noted the location of the quarry operations including current access points as well as proposed plans on a map for the Board Mr Badham stated in 2003 Martin Marietta came before the Board of Commissioners to receive approval to mine on the subject site which was approved with certain restrictions at that time Mr Badham continued that their plans now propose for them to relocate the wetlands to the north and extend the pit He reviewed the proposed plans with the Board on a map Mr Badham stated the dirt that would be removed would be used to build the berm which would provide a protective shield for the neighbors Mr Badham stated they need the 12 month temporary access to allow them to bring heavy equipment on the site to move the dirt and the equipment would stay on the job until the project is finished whereupon it would be removed He stated the daily traffic would be pickup trucks for equipment operators and light maintenance trucks Mr Badham stated they will be trying to obtain the Corps of Engineers permit and will notify the County when it is received and when they would begin the work so the 12 month period could start Upon a question by Commissioner Cookie Pope , Mr Badham stated they have obtained a driveway permit from the Department of Transportation for the Camelia Road access It was determined that Haywood Parker wished to speak during the hearing and he was sworn in by the Clerk to the Board PagePage pageNumber5680 July 6 , 2015 – 6 00 pm Continued Haywood Parker , 193 Camelia Road , stated he lives across the road from the quarry operation Mr Parker submitted the following information and reviewed it with the Board Mr Parker spoke on his concerns regarding the existing quarry operation He stated Camelia Road is curvy and unsafe and he questioned it being used for heavy equipment Mr Parker stated he has not been able to find design standards or ratings that Camelia Road is safe to handle heavy equipment He stated Camelia Road is narrow and flagmen should be utilized for any heavy equipment Mr Parker also expressed his frustrations thatPagePage pageNumber6681 July 6 , 2015 – 6 00 pm Continued he and his neighbors are not kept adequately informed as to the quarry operations Mr Parker stated he feels the decision on the request should be postponed until all questions are answered Mr Parker asked the Board to restrict weekend and night - time work Mr Badham readdressed the Board to answer some of the concerns expressed by Mr Parker Mr Badham stated Martin Marietta’s Plant Manager is currently on vacation ; however , the Plant Manager did meet with Mr Parker prior to the Planning Board meeting to discuss the plans Mr Badham stated they would be locating approximately 10 to 12 pieces of earth moving type equipment on the site at the beginning of the project where they would stay for about a year and then it would be removed at the end At the inquiry of Commissioner DeVan Barbour , Mr Badham confirmed that because the equipment will only be moved on and off the site at the beginning and end of the project , there should be no wear and tear on Camelia Road Mr Badham also stated with the proposed project they will actually be blasting much further away from Mr Parker’s property and the blasting will occur behind the berm and setbacks Upon a question by Commissioner Ted G Godwin , Mr Badham stated the berm would be 80 feet in height Commissioner Barbour asked if Martin Marietta uses seismic meters Mr Badham confirmed they use seismographs and stated blasting is heavily regulated He continued that Martin Marietta is also required to monitor the blasting impacts at the closest off - site occupied structure and they keep those records dating back five years He stated their goal is to stay below ½ of what the State allows Mr Badham stated in his tenure with Martin Marietta he has not seen a claim for damage from blasting Upon a question by Commissioner Chad M Stewart , Mr Badham stated Martin Marietta has already been operating on the property and this proposed plan will actually allow them to blast further away from the neighbors on Camelia Road therefore , he believes this is a better plan for the neighbors Mr Badham stated he does not believe flagmen are needed with moving the heavy equipment one time Commissioner Allen L Mims , Jr asked how long Martin Marietta anticipates it will take to get all the heavy equipment on the site Mr Badham stated they anticipate moving all the equipment on the site in a couple of days Chairman Tony Braswell asked Mr Badham if Martin Marietta understands and agrees with the special use conditions Mr Badham confirmed they do understand and agree with the special use conditions Commissioner Mims asked if the crusher would remain in the same location Mr Badham stated the crusher will stay where it is currently located Mr Badham clarified that the proposed plans are contingent on them receiving their permit from the Corps of Engineers Mr Parker readdressed the Board and stated the Martin Marietta Plant Manager did not meet with him regarding the plans as Mr Badham reported Mr Parker stated he does have cracks in his walls and brick Mr Parker stated the question of heavy equipment capacity for Camelia Road needs to be answered before a decision is made and he feels a flagman is important There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray reported the Planning Board recommended approval of the modification based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 03 - 46 MOD PagePage pageNumber7682 July 6 , 2015 – 6 00 pm Continued Decision on Special Use Case 03 - 46 MOD Case 03 - 46 MOD Petition to modify the Special Use Permit on a portion of two tracts totaling 182 acres zoned Industrial 2 - Special Use District I2 - SUD located along Camelia Rd in the Elevation Township The modification is to allow a temporary construction access on Camelia Rd and a modification to their proposed site plan Tax ID 07G09061C and 07G09061 Owner MG Johnson and Betty Jo J Peterson Applicant Martin Marietta Materials , Inc Commissioner Allen L Mims , Jr stated in 2003 he said that there should be no access on Camelia Road for the mining operation but that was for product , and he is not against Camelia Road being used as a temporary access for equipment to be brought in over a two day period and then to be removed at the end of the project Commissioner Mims continued that pickup trucks coming and going from the Camelia Road entrance should not be problem Based on the findings of facts and special use conditions as listed below , Commissioner Allen L Mims , Jr moved the Board approve the petition for Case 03 - 46 MOD to modify the special use permit on a portion of two tracts totaling 182 acres zoned Industrial 2 - Special Use District located along Camelia Road in the Elevation Township to allow a temporary construction access on Camelia Road and a modification to the proposed site plan Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The requested temporary access is no different from any similar access to any similar property in the area The original condition prohibiting access was intended to assure that shipments of product from the quarry would not travel on Camelia Road Typically , product shipments would involve as many as 150 trips per day The amendment being requested is for temporary access for construction equipment to enter the parcels to construct the protective berm overburden storage area and the wetland relocation channel The equipment will be brought in and essentially left on the property during construction and then removed Daily access by operators and supervisors will be necessary during the twelve 12 month construction period Once the equipment is removed , only access for maintenance will be necessary , at most on a once per week schedule The twelve 12 month temporary access will begin when the actual access road is first used for the described construction purposes Applicant will notify the Planning Department of the date of commencement Staff The applicant will be subject to special use conditions and state and federal laws , 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 Applicant is not aware of any ordinance prohibiting access from a public road to an adjoining parcel Applicant will obtain permission from NC DOT before installing the access entrance shown in the site plan Staff The proposed shall 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 only contiguous property to the entrance road is owned by MG Johnson and Betty Jo Pearson , also owners of the subject parcel Entrance roads such as the proposed are common throughout the County and elsewhere and have no impact on contiguous property Staff The use of the property is allowed by the current zoning , and a temporary access with limitations after would not create a significant impact This , along with the special use conditions required by the Boards , will maintain the value of contiguous properties 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant The use and development were approved in 2003 This request is for a temporary access as a result of changed circumstances There is no request for any change in zoning 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 Specific Land Uses APPLICANT Mining Operation Special Use Conditions 1 Permitted Uses Mining Operation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Saturday , dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area PagePage pageNumber8683 July 6 , 2015 – 6 00 pm Continued 8 Prior to any blasting on the new property , and subject to the property owners ’ permission , a pre - blast survey will be performed by an independent consultant , at Martin Marietta’s expense , on all non - company owned , occupied structures existing as of the date of the permit , within 1000 feet of the proposed blasting activities on the property , with a copy of the result provided to each property owner A record of the seismograph reading of each blast event will be kept for a minimum of five years at the quarry office and may be inspected by the County Manager or his designee No explosives will be stored on the property and will be brought onto the site the day of the blast 9 Martin Marietta will provide a property value guarantee to neighboring property owners within 1,000 feet of the perimeter of the property on their homes and the land on which the home is situated This would not include vacant , unimproved land 10 Within at least 1 year of anticipated relocation , applicant will submit to the Board an operation plan , as per ordinance subsection 2 , and will notify neighbors of the same 11 Special attention to buffer standards , per 5 g of Code of Ordinances CD 14 66 12 The County’s 24 - month window , according to Special Use Permit , would be waived to the extent necessary in this instance ; not to exceed five years 13 No entrance to the mining operation on Camelia Road 14 A temporary construction entrance along Camelia Road This entrance can only be used for twelve months after Planning Staff has been notified of operation by Martin Marietta 15 Access on Camelia Road entrance will be limited to Monday - Friday from dawn to dusk 16 The temporary construction entrance will be accessed a maximum of one day a week , for maintenance only , after the twelve month expiration 17 NCDOT driveway permit will be required for access 18 The following shall apply Land Development Code Section 14 - 257 d 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 ; 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 ; 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 PagePage pageNumber9684 July 6 , 2015 – 6 00 pm Continued 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county The Chairman opened the Rezoning Hearing for Case 15 - 12 Case 15 - 12 Petition to rezone 181 acres out of a 465 acre tract located at the intersection of NC Highway 96 North and Live Oak Church Rd in the Selma Township from Agricultural Residential AR to General Business - Special Use District Tax ID 14L07041W Owner E and F Properties , Inc and Olivia Holding Applicant Glandon Forest Equity , LLC Planning Director Berry Gray stated the petition is to rezone 181 acres out of a 465 acre tract located at the intersection of NC Highway 96 North and Live Oak Church Rd in the Selma Township from Agricultural Residential to General Business - Special Use District Mr Gray noted the special use request associated with the rezoning is to allow for commercial retail which in this case is a Dollar General Mr Gray stated the existing use is zoned Agricultural Residential for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for agricultural , residential , and religious purposes ; Community Business for a convenience store gas station and automotive repair ; Industrial 1 for millwork manufacturing ; and Mobile Home Park District for a mobile home park The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which low to moderate levels of growth pressures are anticipated over the next 20 years In addition , this site is located within a “ Neighborhood Center ”Page0685 July 6 , 2015 – 6 00 pm Continued activity node which would promote the sale of convenience goods and personal services for the day - to - day living needs of nearby neighborhoods Commissioner Jeffrey P Carver disclosed that he is employed by First Citizens Bank which is owned by the Holding Family who also controls the subject property Commissioner Carver stated he has no financial interest in the subject property or the rezoning ; however , he would recuse himself if needed Chairman Tony Braswell stated since there is no financial interest in the subject property by Commissioner Carver he could participate in the discussion and vote George Venters , 3900 Merton Drive , Raleigh , representing Applicant Glandon Forest Equity , requested the Board to approve the rezoning request Mr Venters stated the request is consistent with the Johnston County Land Use Plan in that the site is located within a “ Secondary Growth Area ” and further in a “ Neighborhood Center ” activity node in the County’s Comprehensive Land Use Plan as well as there are other commercial uses nearby the property Mr Venters stated the project will consist of an approximately 9,100 square foot commercial retail store that will be professionally landscaped He noted a 6 foot wooden privacy fence and all required landscaping will be installed along the southern property line to buffer the existing single family residential area and lighting will be designed to eliminate glare to surrounding properties Mr Venters spoke on the required traffic improvements by the Department of Transportation stating the improvements will be done within the road right - of - way and they will work closely with any neighbor whose property fronts the area of improvement to ensure their driveways are not negatively impacted Mr Venters stated on May 14 , 2015 a neighborhood meeting was held at the Live Oak Church and attended by approximately 20 people He stated very few concerns were raised and at the end of the meeting the consensus of the group was supportive Mr Venters stated the rezoning of the property is in the public’s interest because it will allow the development of a retail store to serve the immediate community and help reduce customer travel distances He noted currently the closest grocery store and general merchandise shopping options are located in Selma or Flowers Plantation approximately five or six miles away Mr Venters stated the rezoning and project will provide employment and career opportunities , economic activities , and boost County tax revenues He offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 Allen L Mims , Jr noted the applicant stated any road improvements would be done within the right - of - way but there are a lot of times when people’s driveways are in the right - of - way Commissioner Mims asked if the neighbor across the road would lose any of his trees that are planted near the road Mr Gray stated there is a possibility that some of the trees could be impacted if they are in the right - of - way Mr Gray stated if the neighbor’s mailbox or driveway is affected , the Department of Transportation would fix those issues There being no further comments , the Chairman recessed the Rezoning Hearing for Case 15 - 12 Decision on Rezoning Case 15 - 12 Case 15 - 12 Petition to rezone 181 acres out of a 465 acre tract located at the intersection of NC Highway 96 North and Live Oak Church Rd in the Selma Township from Agricultural Residential AR to General Business - Special Use District Tax ID 14L07041W Owner E and F Properties , Inc and Olivia Holding Applicant Glandon Forest Equity , LLC Motion Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 15 - 12 Commissioner Cookie Pope seconded the motion Page1686 July 6 , 2015 – 6 00 pm Continued Discussion Commissioner Ted G Godwin stated although no one spoke in opposition during the hearing , the Board did receive an e - mail in opposition from Vicky Stallings dated May 18 , 2015 Chairman Tony Braswell instructed for the e - mail from Vicky Stallings dated May 18 , 2015 to be made a part of the record Commissioner Godwin stated he is very familiar with the subject area and when he rides through there he gets the sense of a commercial location at the subject site Commissioner Godwin stated although he is sensitive to Ms Stallings ’ concerns in her e - mail , he believes it is a good location for the proposed use Vote The motion carried by unanimous vote RESOLUTION FOR CASE NUMBER 15 - 12 RESOLUTION ADOPTING A STATEMENT OF CONSISTENCY REGARDING A PROPOSED 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 as to whether the amendment is consistent 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 14L07041W located on NC Hwy 96 North as shown on the attached Exhibit A , from Agricultural Residential AR to General Business Special Use District GB SUD 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 adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment is consistent in that the Comprehensive Land Use Plan “ Goal 1 Grown in a fiscally efficient , compact manner ” in that the site is located within a “ Neighborhood Center ” activity node and is adjacent to other commercial uses It is also consistent with “ Goal 3 Diversify and expand the economy ” in that it is a new business development within the county 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed use would benefit the community and the special use conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public th Adopted this the 6 day of July , 2015 Commissioner DeVan Barbour moved the Board approve Rezoning Case 15 - 12 to rezone 181 acres out of a 465 acre tract located at the intersection of NC Highway 96 North and Live Oak Church Rd in the Selma 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 15 - 12 Case 15 - 12 To allow for commercial retail Owner E and F Properties , Inc and Olivia Holding Applicant Glandon Forest Equity , LLC Those wishing to speak on Special Use Case 15 - 12 were sworn in by the Clerk to the Board Planning Director Berry Gray introduced the special use case and stated the petition is to allow for commercial retail Mr Gray entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record Page2687 July 6 , 2015 – 6 00 pm Continued A pre - application consultation was held with the applicant for Case 15 - 12 on March 31 , 2015 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 May 19 , 2015 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 15 - 12 and made the following recommendations Upon a motion by Mr Massengill to approve the Rezoning Case 15 - 12 , seconded by Mr Creech , and carried by a unanimous vote of 6 - 0 , Rezoning Case 15 - 12 was granted preliminary approval at the May 19th , 2015 Planning Board Meeting Consistency Statement The request is consistent with the Comprehensive Land Use Plan “ Goal 1 Grown in a fiscally efficient , compact manner ” in that the site is located within a “ Neighborhood Center ” activity node and is adjacent to other commercial uses It is also consistent with “ Goal 3 Diversify and expand the economy ” in that it is a new business development within the county The request is reasonable in that the proposed use would benefit the community and the special use conditions will ensure that the request is compatible with the surrounding area and will not negatively affect the public Upon a motion by Mr Smith to approve the Special Use Conditions for Case 15 - 12 with the change of Condition # 7 , hours to 7am - 10pm , seconded by Ms Hackler and carried by a unanimous vote of 6 - 0 , the Special Use Conditions for Case 15 - 12 were approved at the May 19th , 2015 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed use of the development will be retail sales and as such will be operated to provide for the safety of the public that will be shopping at the store and for the employees that will be working at the store The public areas of the site have been designed to provide safe pedestrian and vehicular movements Road improvements are proposed for the development to provide safe access into and out of the site for vehicular traffic Staff The applicant will be subject to special use conditions as well as state and federal laws , which will ensure that the development maintains the public health , safety , and general welfare of the community NCDOT will require a left turn lane for development of the site 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 will be designed to meet applicable County , State , and Federal codes and regulations The layout of the development has been designed to meet the requirements of the Johnston County Development Code and the access requirements of the North Carolina Department of Transportation Storm water runoff from the development will be managed in accordance with Johnston County and North Carolina Department of Environment and Natural Resources requirements The sanitary sewer septic system to serve the retail facility will be designed in accordance with Johnston County Health Department requirements Staff The proposed development shall comply with the use and intensity regulations as set forth in the Land Development Code The proposed development is in accordance with the General Business district Landscape requirements and controlled access will maintain the value of contiguous properties The applicant is currently working with Environmental Health to ensure their septic design is adequate 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 rezoning of the property to General Business - Special Use will be of benefit to the surrounding neighborhoods by providing commercial services that will be conveniently located in a centralized location The location of the project on NC Highway 96 North , which is the primary thoroughfare for the area , will provide for ease of vehicular access to and from the property for the general public The proposed retail facility will provide every day grocery and general use merchandise for a portion of the county that is underserved with shopping options This is in the public’s interest as currently the nearest grocery general merchandise shopping option is in Selma This will reduce trips and the impact on the local road network , as users will not need to drive as far for these items The site will be designed to provide an attractive facility that will complement the local residential and commercial uses Landscaping will be included in the construction of the facility to enhance the appeal of the property and buffers will be provided to provide a visual barrier between the proposed retail store and adjacent uses Page3688 July 6 , 2015 – 6 00 pm Continued Staff The 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 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 site will be designed to meet applicable Johnston County Land Development codes and ordinances The project is located in the vicinity of the NC Highway 96 North and Little Divine Road intersection , which is a retail node for this area of the county and will provide a conveniently located shopping option for local residents 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 The site is located within a “ Neighborhood Center ” activity node and has other commercial uses adjacent and nearby Specific Land Uses APPLICANT Commercial Retail store Special Use Conditions 1 Permitted uses Commercial Retail store 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 Planning and Zoning Department Staff 4 Must comply with all traffic improvements as required by NCDOT 5 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties with non - security lighting turned off after hours 6 Installation of a Class B Buffer along zoning lines 2 large trees , 3 small trees , and 9 shrubs per 100 linear feet A natural vegetative buffer may be used in lieu of the Class B buffer if it is equally or more intense 7 Hours of Operation Monday through Sunday , 8 00am to 9 00pm 7 00am to 10 00pm 8 Signage must comply with sign code Sec 14 - 509 with lighting turned off after hours 9 All buildings must comply with rules enforced by the following departments and or agencies NCDOT , Building Inspections , Public Utilities , and Environmental Health 10 Left turn lane shall be installed based on NCDOT requirements Mr Gray listed and reviewed the special use conditions with the Board At the inquiry of Chairman Tony Braswell , George Venters , 3900 Merton Drive , Raleigh , representing Applicant Glandon Forest Equity , stated he understood and agreed with the special use conditions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Gray 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 15 - 12 Decision on Special Use Case 15 - 12 Case 15 - 12 To allow for commercial retail Owner E and F Properties , Inc and Olivia Holding Applicant Glandon Forest Equity , LLC Based on the findings of facts and special use conditions as listed below , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 15 - 12 to allow for commercial retail on 181 acres out of a 465 acre tract located at the intersection of NC Highway 96 North and Live Oak Church Rd in the Selma Township Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The proposed use of the development will be retail sales and as such will be operated to provide for the safety of the public that will be shopping at the store and for the employees that will be working at the store The public areas of the site have been designed to provide safe pedestrian and vehicular movements Road improvements are proposed for the development to provide safe access into and out of the site for vehicular traffic Staff The applicant will be subject to special use conditions as well as state and federal laws , which will ensure that the development maintains the public health , safety , and general welfare of the community NCDOT will require a left turn lane for development of the site 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 ;Page4689 July 6 , 2015 – 6 00 pm Continued Applicant The site will be designed to meet applicable County , State , and Federal codes and regulations The layout of the development has been designed to meet the requirements of the Johnston County Development Code and the access requirements of the North Carolina Department of Transportation Storm water runoff from the development will be managed in accordance with Johnston County and North Carolina Department of Environment and Natural Resources requirements The sanitary sewer septic system to serve the retail facility will be designed in accordance with Johnston County Health Department requirements Staff The proposed development shall comply with the use and intensity regulations as set forth in the Land Development Code The proposed development is in accordance with the General Business district Landscape requirements and controlled access will maintain the value of contiguous properties The applicant is currently working with Environmental Health to ensure their septic design is adequate 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 rezoning of the property to General Business - Special Use will be of benefit to the surrounding neighborhoods by providing commercial services that will be conveniently located in a centralized location The location of the project on NC Highway 96 North , whic