November 7, 2016 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 437 Meeting of the Johnston County Board of Commissioners November 7 , 2016 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , November 7 , 2016 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 Micro Athletic Association – Request for Funding Chairman Tony Braswell stated the Micro Athletic Association appeared before the Board at the October 3 , 2016 6 00 pm meeting requesting funding for their athletic programs Chairman Braswell stated the Association has seen an increase in the children in their programs , but are having difficulties meeting the needs Chairman Tony Braswell moved the Board allocate 6,50000 to the Micro Athletic Association from the County wide distribution of the open space funds Commissioner Ted G Godwin seconded the motion which carried by unanimous vote Commissioner Godwin reported he had met with a representative from the Athletic Association who was able to further demonstrate the Association’s need for funding to help support their recreation program and he supports their efforts 2 Selma Civic Center Committee – Request for Funding Chairman Tony Braswell recalled the Selma Civic Center Committee appeared before the Board at the October 3 , 2016 6 00 pm meeting and requested funding to help renovate the old gym building formerly owned by the Selma American Legion Post 141 but recently purchased by the Town of Selma Commissioner Ted G Godwin recognized Ann Williams and Tom Hinnant in the audience who appeared before the Board at the October meeting Commissioner Ted G Godwin moved the Board pledge an allocation of 30,000 to the Selma Civic Center Renovation Project Commissioner Cookie Pope seconded the motion which carried by unanimous vote Ms Williams thanked the Board for the pledge 3 Public Comment None 4 Public Hearing Rezoning and Special Use Requests Advertised – The Smithfield Herald – October 26 and November 2 , 2016 Certified letters were mailed to adjoining property owners on October 24 , 2016 Notices were posted at the locations on September 6 , 2016 for Cases 16 - 25 , 16 - 26 , and 16 - 27 The Chairman opened the Rezoning Hearing for Case 16 - 25 Case 16 - 25 Petition to rezone a 3839 acre tract located at 95 Atkinson Mill Road SR 1734 in O’Neal’s Township from Agricultural Residential AR to Industrial - 2 I - 2 Tax ID 11N04017E , 11N04017A Owner Atkinson Milling Co , Inc Applicant Atkinson Milling Co , Inc Planning Director Berry Gray stated the petition is to rezone a 3839 acre tract located at 95 Atkinson Mill Road in O’Neal’s Township from Agricultural Residential to Industrial - 2 Mr Gray stated the current usePage438 November 7 , 2016 – 6 00 pm Continued of the property is a mill operation The surrounding land uses are zoned Agricultural Residential for residential and agricultural uses This area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Mr Gray stated the current use is actually a legal nonconforming use from back when zoning was first established in 1991 He stated at that time , the existing use was in place ; however , the zoning maps did not reflect this property as being Industrial Mr Gray stated the applicant plans to expand on the site which prompted the rezoning Glen Wheeler , representing Applicant Atkinson Milling Co , Inc , offered to answer any questions Tim Narron , 9160 NC Hwy 42 E , Selma , stated he owns the property next to the subject site Mr Narron asked if rezoning would impact his property and what are the applicant’s plans Mr Narron stated he wants to make sure the rezoning will not adversely affect his property because he may want to build houses on it in the future Mr Gray stated the rezoning is just for the subject site and would not affect Mr Narron’s property or any future residential plans Mr Gray stated the applicant is planning to expand the existing mill operation 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 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 25 Decision on Rezoning Case 16 - 25 Case 16 - 25 Petition to rezone a 3839 acre tract located at 95 Atkinson Mill Road SR 1734 in O’Neal’s Township from Agricultural Residential AR to Industrial - 2 I - 2 Tax ID 11N04017E , 11N04017A Owner Atkinson Milling Co , Inc Applicant Atkinson Milling Co , Inc Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 25 Commissioner Jeffrey P Carver seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 25 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 11N04017E , 11N04017A located at 95 Atkinson Mill Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial - 2 I2 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 with the Comprehensive Land Use Plan in that it aligns with “ Goal 3 Diversify and Expand the Economy , ” “ Goal 10 Protect Natural , Historic , and Cultural Sites , ” and “ Goal 7 Continue the Agricultural Tradition in Johnston County ” 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The mill is a legal nonconforming use that has been in operation for over 250 years Page439 November 7 , 2016 – 6 00 pm Continued th Adopted this the 7 day of November , 2016 Commissioner Ted G Godwin moved the Board approve Rezoning Case 16 - 25 to rezone a 3839 acre tract located at 95 Atkinson Mill Road in O’Neal’s Township from Agricultural Residential to Industrial - 2 Commissioner Cookie Pope seconded the motion which carried unanimously Motion to Reimburse Rezoning Fees for Case 16 - 25 Commissioner Ted G Godwin stated the mill has been on the property and in use since the 1700 ’ s and it should have been classified as Industrial back when zoning was established in 1991 ; therefore , he moved the Board refund the rezoning fees to the Applicant Atkinson Milling Co , Inc Commissioner DeVan Barbour seconded the motion which carried unanimously The Chairman reopened the Rezoning Hearing for Case 16 - 26 Case 16 - 26 Petition to rezone a 12016 - acre tract located off Devil’s Racetrack Road SR 1009 in Ingrams Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 08L15040A Owner James Kevin Massengill Applicant Mid - East Services , Inc Planning Director Berry Gray stated the petition is to rezone a 12016 - acre tract located off Devil’s Racetrack Road in Ingrams Township from Agricultural Residential to Industrial 2 – Special Use District Mr Gray stated the special use associated with the rezoning is to allow for a sand mining operation Mr Gray stated the existing use is zoned Agricultural Residential and currently vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Industrial 2 – Special Use District for a mining operation This area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years These areas should be considered for rural conservation and agricultural preservation programs Owner James Kevin Massengill stated the property was passed down to him through family and they would like to operate a sand mine to get revenue out of the property Mr Massengill provided the Board with a brief background of the property’s ownership Mr Massengill stated they have received a waiver from the northern property owner to allow for a 50 ’ setback as well as a waiver from Johnston Community College allowing for a 150 ’ setback for their property line boundary Mr Massengill stated he has not received a signed waiver from his sister who is another bordering property owner and asked if the Board could reduce that setback as well Chairman Tony Braswell advised that the Board would look at the special use conditions during the special use portion of the hearing if the rezoning is approved Andy Phillips , representing Mid - East Services , Inc , stated they would like to move their mining operation to the subject site James Ezzell from Carolina Geological Services stated he has been assisting with the permitting and design process and can answer any questions Commissioner Ted G Godwin asked what would happen to the portion of the property that appears to be covered in timber Mr Massengill stated they have clear - cut the property in preparation for the mining operation 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 There being no further comments , the Chairman recessed the Rezoning Hearing for Case 16 - 26 Page440 November 7 , 2016 – 6 00 pm Continued Decision on Rezoning Case 16 - 26 Case 16 - 26 Petition to rezone a 12016 - acre tract located off Devil’s Racetrack Road SR 1009 in Ingrams Township from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 08L15040A Owner James Kevin Massengill Applicant Mid - East Services , Inc Commissioner Chad M Stewart moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 26 Commissioner Cookie Pope seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 26 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 08L15040A located off Devil’s Racetrack Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial - 2 Special Use I2 SUD for a sand mining operation WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners 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 with the Comprehensive Land Use Plan in that it aligns with “ Goal 3 Diversify and Expand the Economy ” and “ Goal 6 Preserve Farmland ” found in the Comprehensive Land Use Plan 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed site is located near several similar zonings and uses as well as accesses on an existing mining path th Adopted this the 7 day of November , 2016 Commissioner Chad M Stewart moved the Board approve Rezoning Case 16 - 26 to rezone a 12016 acre tract located off Devil’s Racetrack Road in Ingrams Township from Agricultural Residential to Industrial 2 – Special Use District Commissioner Cookie Pope seconded the motion which carried unanimously The Chairman opened the Special Use Hearing for Case 16 - 26 Case 16 - 26 To allow for a sand mining operation Owner James Kevin Massengill Applicant Mid - East Services , Inc Those wishing to speak on Special Use Case 16 - 26 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 a sand mining operation 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 16 - 26 on July 21 , 2016 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 PagePage pageNumber5441 November 7 , 2016 – 6 00 pm Continued ? 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 September 20 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 26 and made the following recommendations Upon a motion by Ms Hackler to approve Rezoning Case 16 - 26 , seconded by Mr Stewart with a unanimous vote of 7 - 0 , Case 16 - 26 was approved at the September 20th , 2016 Planning Board Meeting Upon a motion by Mr Stewart to approve the Special Use Conditions for Rezoning Case 16 - 26 , seconded by Ms Hackler , with a unanimous vote of 7 - 0 , the Special Use Conditions were approved at the September 20th , 2016 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 This is a simple sand borrow pit that will be used as a farm pond upon completion It is located in a remote area , near other similar sand mines 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant This sand mine operation will obtain all required permits for NCDEQ , and will be regulated accordingly 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 sand pit will be reclaimed as a farm pond upon completion of the mining , thus preserving the agricultural use of the property It will have no impact on any contiguous property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This is a simple and temporary sand mine It will be used as a farm pond upon completion , thus conforming to the current use of the property Specific Land Uses APPLICANT To allow for 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 Existing vegetation shall remain within the buffer area 8 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts PagePage pageNumber6442 November 7 , 2016 – 6 00 pm Continued e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the 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 PagePage pageNumber7443 November 7 , 2016 – 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 Mr Gray listed and reviewed the special use conditions with the Board Mr Gray stated the applicant is requesting a reduction of the setback from 250 ’ to 50 ’ and noted the Board has granted similar requests in the past so long as the adjacent property owners have agreed In response to questions from Commissioners Allen L Mims , Jr and DeVan Barbour , Mr Gray stated in the past the Board has only allowed reductions in the setback if written consent is obtained from the adjacent property owners He continued that if no written consent is obtained , then it can be appealed to the Board of Adjustment Mr Gray stated to his knowledge only one appeal has gone to the Board of Adjustment for a reduction in the setback and it was denied Mr Gray stated the Board could approve the special use permit as currently written and if the applicant obtains the written letters of consent , they can be submitted at the staff level Owner James Kevin Massengill asked if the Board could revise the special use conditions to allow for the reduction in the setback County Attorney Jennifer Slusser stated under the ordinance , the Board is required to follow the adopted standards unless there is a modification that is in the best interest of all parties which have to be agreed upon by all parties Ms Slusser advised the Board that it would be inappropriate to reduce the setbacks for property lines without the written consent of those property owners Commissioner Chad M Stewart encouraged Mr Massengill to talk with his sister to try and obtain the written consent to reduce the buffer 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 16 - 26 Decision on Special Use Case 16 - 26 Case 16 - 26 To allow for a sand mining operation Owner James Kevin Massengill Applicant Mid - East Services , Inc 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 16 - 26 to allow for a sand mining operation on a 12016 - acre tract located off Devil’s Racetrack Road in Ingrams Township Commissioner Chad M Stewart seconded the motion which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant This is a simple sand borrow pit that will be used as a farm pond upon completion It is located in a remote area , near other similar sand mines 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant This sand mine operation will obtain all required permits for NCDEQ , and will be regulated accordingly 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 sand pit will be reclaimed as a farm pond upon completion of the mining , thus preserving the agricultural use of the property It will have no impact on any contiguous property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This is a simple and temporary sand mine It will be used as a farm pond upon completion , thus conforming to the current use of the property PagePage pageNumber8444 November 7 , 2016 – 6 00 pm Continued Specific Land Uses APPLICANT To allow for 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 Existing vegetation shall remain within the buffer area 8 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA 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 blastPagePage pageNumber9445 November 7 , 2016 – 6 00 pm Continued 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 reopened the Rezoning Hearing for Case 16 - 27 Case 16 - 27 Petition to rezone 3835 acres out of a 75 acre tract located on Wendell Road in Wilders Township approximately 1 2 mile north from the intersection with Lake Wendell Road from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 16K02037A Owner William Odell Edwards Applicant Wendell Solar Farm , LLC Kyle Campbell Planning Director Berry Gray stated the petition is to rezone 3835 acres out of a 75 acre tract located on Wendell Road in Wilders Township approximately 1 2 of a mile north from the intersection with Lake Wendell Road from Agricultural Residential to Industrial 2 – Special Use District He reported the special use associated with the rezoning is to allow for a solar utility facility Mr Gray stated the existing use is zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes as well as Industrial 1 and used for electronic production , farm supply , and equipment storage and maintenance This 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 Kyle Campbell with ESA Renewables , representing the applicant , 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 There being no further comments , the Chairman closed the Rezoning Hearing for Case 16 - 27 Page0446 November 7 , 2016 – 6 00 pm Continued Decision on Rezoning Case 16 - 27 Case 16 - 27 Petition to rezone 3835 acres out of a 75 acre tract located on Wendell Road in Wilders Township approximately 1 2 mile north from the intersection with Lake Wendell Road from Agricultural Residential AR to Industrial 2 – Special Use District I2 - SUD Tax ID 16K02037A Owner William Odell Edwards Applicant Wendell Solar Farm , LLC Kyle Campbell Commissioner DeVan Barbour moved the Board adopt the following Statement of Consistency Resolution for Case 16 - 27 Commissioner Ted G Godwin seconded the motion which carried by unanimous vote RESOLUTION FOR CASE NUMBER 16 - 27 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 16K02037A located off on Wendell Road as shown on the attached Exhibit A , from Agricultural Residential AR to Industrial - 2 Special Use I2 SUD for a solar utility facility 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 with the Comprehensive Land Use Plan in that Objective 2C promotes the reduction of incompatible uses through the use of vegetative screening which is required for this request and there are limited impacts of the solar farm with regards to traffic , noise , smell , runoff , or emissions 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The conditions , including evergreen buffering and height restrictions , will ensure that the request is compatible with the surrounding area and will not negatively impact the public th Adopted this the 7 day of November , 2016 Commissioner DeVan Barbour moved the Board approve Rezoning Case 16 - 27 to rezone 3835 acres out of a 75 acre tract located on Wendell Road in Wilders Township approximately 1 2 of a mile north from the intersection with Lake Wendell Road from Agricultural Residential to Industrial 2 – Special Use District Commissioner Ted G Godwin seconded the motion which carried unanimously The Chairman reopened the Special Use Hearing for Case 16 - 27 Case 16 - 27 To allow for a solar utility facility Owner William Odell Edwards Applicant Wendell Solar Farm , LLC Kyle Campbell Those wishing to speak on Special Use Case 16 - 27 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 a solar utility facility 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 16 - 27 on April 16 , 2016 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 Page1447 November 7 , 2016 – 6 00 pm Continued ? 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 September 20 , 2016 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 16 - 27 and made the following recommendations Upon a motion by Mr Stewart to approve the Rezoning Petition for Case 16 - 27 , seconded by Mr Letchworth , with a unanimous vote of 7 - 0 , Rezoning Case 16 - 27 was approved at the September 20th , 2016 Planning Board Meeting Upon a motion by Mr Smith to approve the Special Use Conditions for Rezoning Case 16 - 27 , seconded by Mr Summerlin , with a unanimous vote of 7 - 0 , the Special Use Conditions were approved at the September 20th , 2016 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 solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant In compliance with Sec 14 - 123 of the Johnston County , NC Code of Ordinances , the solar farm will be set back at least 20 feet from all property lines , solar mounting devices will be limited to no more than 40 feet in height , and equipment and accessory structures shall be at least 20 feet from all property lines Staff Johnston County Land Development Code requires a setback of 150 ’ for solar mounting devices and accessories In addition , they are limited to 12 feet in height The applicant’s site plan reflects the current ordinance standards 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 Special care will be taken to maintain the value to contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure such as schools , water , and or waste systems 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 solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Specific Land Uses APPLICANT To allow for a solar utility facility Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Site will be developed in accordance with Land Development Code Section 14 - 123 6 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall Mr Gray listed and reviewed the special use conditions with the Board Kyle Campbell with ESA Renewables , representing the applicant , confirmed that they understood the special use conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing Page2448 November 7 , 2016 – 6 00 pm Continued 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 closed the Special Use Hearing for Case 16 - 27 Decision on Special Use Case 16 - 27 Case 16 - 27 To allow for a solar utility facility Owner William Odell Edwards Applicant Wendell Solar Farm , LLC Kyle Campbell Based on the findings of facts and special use conditions as listed below , Commissioner DeVan Barbour moved the Board authorize the Planning Department to issue a special use permit for Case 16 - 27 to allow for a solar utility facility on 3835 acres out of a 75 acre tract located on Wendell Road in Wilders Township approximately 1 2 of a mile north from the intersection with Lake Wendell Road Commissioner Ted G Godwin 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 solar farm construction will be required to obtain a building permit from the county and comply with local building codes , which are enforced and reviewed by local building officials and plan reviewers A fence will be installed around the facility to keep safe from the site and landscape buffer will be planted around the facility to obstruct line of sight viewing for neighboring property owners There is no waste or pollution generated by the site 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant In compliance with Sec 14 - 123 of the Johnston County , NC Code of Ordinances , the solar farm will be set back at least 20 feet from all property lines , solar mounting devices will be limited to no more than 40 feet in height , and equipment and accessory structures shall be at least 20 feet from all property lines Staff Johnston County Land Development Code requires a setback of 150 ’ for solar mounting devices and accessories In addition , they are limited to 12 feet in height The applicant’s site plan reflects the current ordinance standards 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 Special care will be taken to maintain the value to contiguous property The solar farm will include an evergreen landscape buffer intended to obstruct views of the solar farm and preserve the rural appearance of the area The solar farm produces no harmful emissions , no noise , and requires no additional lighting The solar farm will increase the tax base of the county without adding any burdens on existing infrastructure such as schools , water , and or waste systems 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 solar farm allows Johnston County to continue aiding the state and its initiatives to increase the use and implementation of renewable energy sources in the state North Carolina is a national leader in renewable energy production , which helps bring green jobs to the area Specific Land Uses APPLICANT To allow for a solar utility facility Special Use Conditions 1 Permitted Uses To allow for a solar utility facility 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 All buildings and or structures must comply with rules enforced by Federal , State and Local agencies 5 Site will be developed in accordance with Land Development Code Section 14 - 123 6 Hours of operation to be 24 hours a day , seven days per week for any repairs that may be needed Construction hours shall be daylight hours only 7 All signage must comply with the sign code ; one ground sign no more than 36 sf and 6 ’ tall 5 Public Hearing – Proposed Development Ordinance Amendments Advertised – The Smithfield Herald – October 26 and November 2 , 2016 The Chairman opened the public hearing for the purposes of receiving public comments and discussion on proposed amendments to the Johnston County Code of Ordinances Chapter 14 , as it relates to the Development Ordinance Sections 14 - 75 c Agricultural - Residential District AR , Special Use Districts ; and 14 - 257 Standards K Planned Development - Housing PDH and L Planned Development - Mixed Use PDM Page3449 November 7 , 2016 – 6 00 pm Continued Planning Director Berry Gray explained that there are two types of Planned Unit Developments PUDs in the County ; one type being a housing only PUD with no commercial uses and the other being a mixed use PUD which is a combination of residential and commercial uses Mr Gray stated currently , housing PUDs and mixed use PUDs are only allowed within the sewer service areas of the County which is basically the Cleveland area and the Flowers Plantation area He stated housing PUDs currently require a minimum of 100 acres while mixed use PUDs require a minimum of 25 acres Mr Gray continued that density is really at the heart of the discussion and housing PUDs are allowed to have four units per acre for single family only and six units per acre for mixed housing such as townhomes and single family homes Mr Gray explained with a mixed use PUD , a developer can have six units per acre for housing or up to fifteen units per acre with multi - family Mr Gray reported the County also currently allows for “ sewer subdivisions ” He explained that the County does not currently allow for sewer connections to subdivisions within the sewer service areas unless they are adjacent to an existing subdivision that is served by sewer and the new subdivision can be gravity fed ; otherwise , the subdivision would utilize septic systems Mr Gray stated over the past couple of years , the County has seen an increase in PUD requests for both new PUDs as well as expansions of existing PUDs to increase the densities He stated with those requests , the Planning Board and the Commissioners have heard from numerous residents , that live in or are adjacent to existing PUDs , concerns related to traffic congestion and inadequate roadways , school capacity issues , strains on utilities and infrastructure , changes in the character of their neighborhoods , and municipal type services that are required or needed for those unincorporated areas to serve high density PUDs Mr Gray stated in response to those concerns , staff has been working with the Planning Board since the spring to develop options to address the issues He reported staff held a stakeholders meeting in August to present the options and receive input and also met with the Johnston County Association of Realtors to discuss the proposed amendments Mr Gray noted the Planning Board also held a hearing in September to review the proposed amendments and the Planning Board made a recommendation to forward the proposed amendments to the Commissioners for consideration Mr Gray reviewed the proposed amendments with the Board and stated the amendments would allow for the following 1 Keep PUDs in the sewer service areas where they are currently allowed but change the allowed densities to 15 units per acre which would mirror what is already allowed in other areas of the County’s Agricultural Residential District By keeping the PUD designation , developers could still have mixed use type development and or qualify for sewer in some situations 2 Require subdivisions with sewer at 15 units per acre within the sewer service area and gravity fed only to come in as a PUD special use By requiring the special use designation , the Board would then be able to look at the developments on a case by case basis to consider possible impacts on traffic , schools , and health and safety Mr Gray stated it is important to keep in mind what would still be allowed under the proposed amendments if they were approved He noted that existing PUDs such as Cleveland Springs , Summerwind , Tuscany , and Flowers Plantation would not be affected by the new rules because they have already been approved and would be grandfathered in the system to continue to develop at their approved densities Mr Gray also stated subdivisions with 15 units per acre would still be allowed and would still allow for smaller lots For example , if a developer had 100 acres , they could still have 150 lots in order to have varying housing products by designing scenarios such as 50 small lots , 50 medium lots , and 50 large lots Mr Gray stated the intention of the proposed amendment is not to require one acre lots only and developers would still have the ability to mix up the lot sizes Mr Gray reviewed examples of densities in other subdivisions with the Board and offered to answer any questions Chairman Tony Braswell commented that the reason the Commissioners began looking at the issue was because the Board was receiving requests for PUD modifications and they were consistently being denied due to the public outcry regarding traffic congestion , school overcrowding , and similar issues Chairman Braswell stated the Board is at a point where it could either continue to deny the requests or try to look at options to help the situation Mr Gray agreed with the Chairman and stated he believes this exercise is important in terms of looking down the road and thinking about future growth Mr Gray stated he thinks the County will continue to see PUD requests in the future and the Board must be thinking about what kind of growth it wants to see Page4450 November 7 , 2016 – 6 00 pm Continued Commissioner Ted G Godwin asked are there any disqualifying uses for land , for example if a developer has 100 acres , but 50 acres of that is dedicated for recreational purposes or wetlands , does that disqualify the land Mr Gray explained that density is based on the gross land area so if wetlands or flood plains are included in the acreage , it would not affect the total allowed density Wade Corbett , Johnston County Realtors Association , addressed the Board and stated they have been speaking with the Planning Board an