July 11, 2005 -7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 219 Meeting of the Johnston County Board of Commissioners July 11 , 2005 7 00 pm The Johnston County Board of Commissioners met in regular session Monday , July 11 , 2005 at 7 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour and Tony Braswell Absent None Also Present Rick J Hester , County Manager , April N Byrd , Clerk to the Board , J Mark Payne , County Attorney and Deva C Holt , Deputy Clerk The Chairman called the meeting to order and the following business was transacted 1 Public Comments No one spoke at this time 2 Request to Re - Franchise EMS Districts - Second Vote Upon a motion by Commissioner W Ray Woodall , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved , by second vote , the recommendation to re - franchise the EMS districts as presented by the EMS Advisory Committee , and adopted the revised map as the official map for the EMS districts 3 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – July 1 , 5 , 2005 Certified letters were mailed to adjoining property owners on June 30 , 2005 , and notices posted at the locations on May 3 , 2005 In response to a request from Chairman Pope , Commissioner Allen L Mims , Jr briefly explained the purposes and differences between the rezoning and special use hearings He emphasized the burden of proof is on the applicant to prove the need for rezoning , and prove the findings of fact for special use requests The Chairman opened the Rezoning Hearing for Case 05 - 7 Case 05 - 7 Petition to rezone approximately 368 acres of a 34 acre tract located on Stephenson Road SR 1322 in Pleasant Grove Township , from Agricultural - Residential AR to Community Business – Special Use District CB - SUD Owners Albert Gregory and Lane Gregory Tax ID 13D04096 Steven Finn , Planning and Zoning Director , identified the property on the GIS map and noted this is a request to rezone approximately 368 acres of a 34 acre tract located on Stephenson Road in the Pleasant Grove Township from Agricultural - Residential to Community Business – Special Use District The predominant zoning in the area is Agricultural - Residential Lane Gregory , 2246 Stephenson Road , Angier , Property Owner , stated the subject property is located adjacent to Lane’s Seafood and Steakhouse Mr Gregory and his father , Albert Gregory , would like to open an auction house on the property He asked for the Board’s consideration of the rezoning request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 7 Decision on Rezoning Case 05 - 7 Case 05 - 7 Petition to rezone approximately 368 acres of a 34 acre tract located on Stephenson Road SR 1322 in Pleasant Grove Township , from Agricultural - Residential AR to Community Business – Special Use District CB - SUD Owners Albert Gregory and Lane Gregory Tax ID 13D04096 Commissioner DeVan Barbour moved the Board approve the rezoning case 05 - 7 , approximately 368 acres of a 34 acre tract located on Stephenson Road , in the Pleasant Grove Township , from Agricultural -Page220 July 11 , 2005 – 7 00 pm Continued Residential AR to Community Business – Special Use District CB - SUD for owners Albert Gregory and Lane Gregory Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 05 - 7 Case 05 - 7 Application to allow for the operation of an auction gallery Owners and Applicants Albert Gregory and Lane Gregory Those wishing to speak on Special Use Case 05 - 7 were sworn in by the Clerk to the Board Steven Finn , Planning and Zoning Director , introduced the special use case , and stated the request is to allow for the operation of an auction gallery He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 7 on February 23 , 2005 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 17 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 7 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr Byrd , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 05 - 7 , based upon the following finding of facts and special conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 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 ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Buffer Maintain existing vegetation 3 Operation hours Monday thru Sunday , 8 00 am – 10 00 pm Monday through Sunday ; 7 seven days - a - week 4 Signage Incorporate into existing sign 5 All buildings future and proposed shall meet North Carolina Building Code and Johnston County Environmental Health regulations 6 Any lighting features will have to be included in the detailed site plan provided to staff 7 Liability insurance is to be maintained on the new business Lane Gregory , 2246 Stephenson Road , Angier , Owner and Applicant , stated he and his father , Albert Gregory , would like to open an auction house on the property He also hopes to begin providing hay rides and similar activities to visitors ; these activities are allowed in an Agricultural - Residential district without a special use permit Commissioner Allen L Mims , Jr noted the rezoning and special use process had taken longer than expected for Case 05 - 7 , and applauded the Gregorys for their patience and cooperation with staff Page221 July 11 , 2005 – 7 00 pm Continued In response to a question from Commissioner Wade M Stewart , Mr Gregory stated he understood and agreed to the special use conditions outlined in the permit There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 7 Decision on Special Use Case 05 - 7 Case 05 - 7 Application to allow for the operation of an auction gallery Owners and Applicants Albert Gregory and Lane Gregory Based on the following findings of fact , with special conditions attached , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owners and Applicants , Albert Gregory and Lane Gregory , for the operation of an auction gallery on Stephenson Road in the Pleasant Grove Township Commissioner Tony Braswell seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 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 ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Buffer Maintain existing vegetation 3 Operation hours Monday thru Sunday , 8 00 am – 10 00 pm Monday through Sunday ; 7 seven days - a - week 4 Signage Incorporate into existing sign 5 All buildings future and proposed shall meet North Carolina Building Code and Johnston County Environmental Health regulations 6 Any lighting features will have to be included in the detailed site plan provided to staff 7 Liability insurance is to be maintained on the new business The Chairman reopened the Rezoning Hearing for Case 05 - 9 Case 05 - 9 Petition to rezone approximately 2004 acres of a 3041 acre tract located on Mallard Road SR 2507 in Smithfield Township , from Agricultural - Residential AR to Industrial 2 – Special Use District I2 - SUD Owners William I Talton and Irene L Talton Applicants Debris Unlimited Tax ID 15K11047 Planning and Zoning Administrator Eddy Davis identified the property on the GIS map and noted this is a request to rezone approximately 2004 acres of a 3041 acre tract located on Mallard Road , in the Smithfield Township , from Agricultural - Residential to Industrial 2 – Special Use District The predominant zoning in the area is Agricultural - Residential Applicant Fred Talton , 1052 North Lakeside Drive , Smithfield , asked for the Board’s consideration of his request to rezone the property , as described by Mr Davis He noted that he would like to open an operation allowing for a Land Clearing Inert Debris LCID Site , mulching of allowed debris , and mining of clay gravel and sand gravel The LCID site would include tub - grinding and crushing concrete , and offer the opportunity to purchase recycled materials Mr Talton commented he believed there was only one other similar site in the County offering LCID services In regards to the mining operation , his grandfather previously operated a family mining operation on the site After his death , Mr Talton’s father continued the mining operation , however , the State only allowed him to dig a maximum of one acre per year without a permit The State concluded that more than one acre per year was being mined , and closed the operation until a permit was obtained Mr Talton stated he has been working with the State to obtain a new permit to reopen the mine , which would include reclaiming the original and future mines by filling them up with a pond or other material In order to obtain the StatePage222 July 11 , 2005 – 7 00 pm Continued permit , he must also receive the County’s approval of the rezoning and accompanying special use permit for the subject property Irene Talton , 1800 Mallard Road , Smithfield , owner of the subject property , stated the site would be across the road from her home She supported the rezoning , and her son’s plans for the special use application Mike Fleming , 1093 North Lakeside Drive , Smithfield , also spoke in support of Mr Talton’s endeavor He noted Mr Talton and his parents have put a great deal of time and effort into the project , followed all County and State regulations , and tried to take all precautions not to bother the surrounding property owners Mr Fleming also pointed out the need for a privately owned mulching operation in the county It is rather expensive for individuals to rent the equipment , and annoying to local neighbors when homes are in close proximity to each other He further added that Mr Talton’s operation would preserve capacity at the county landfill In response to a question from Commissioner Allen L Mims , Jr , Mr Fleming stated , in his opinion , there is also a market for the recycling operation in the county Lou Starling , 405 East Market Street , Smithfield , Attorney for surrounding land owners , Harold Talton , Kenneth Talton , and Joyce Talton Gibson , noted , on behalf of his clients , there were a number of concerns that he would address during the special use hearing There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 9 Decision on Rezoning Case 05 - 9 Case 05 - 9 Petition to rezone approximately 2004 acres of a 3041 acre tract located on Mallard Road SR 2507 in Smithfield Township , from Agricultural - Residential AR to Industrial 2 – Special Use District I2 - SUD Owners William I Talton and Irene L Talton Applicants Debris Unlimited Tax ID 15K11047 Commissioner Allen L Mims , Jr moved the Board approve the rezoning case 05 - 9 , for approximately 2004 acres of a 3041 acre tract located on Mallard Road , in the Smithfield Township , from Agricultural - Residential AR to Industrial 2 – Special Use District I2 - SUD for Owners William I Talton and Irene L Talton and Applicant Debris Unlimited Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 05 - 9 Case 05 - 9 Application to allow for the operation of a Land Clearing Inert Debris LCID Site , mulching of allowed debris , and mining of clay gravel and sand gravel Owners William I Talton and Irene L Talton Applicants Debris Unlimited Those wishing to speak on Special Use Case 05 - 9 were sworn in by the Clerk to the Board Planning and Zoning Administrator Eddy Davis introduced the special use case , and stated the request is to allow for the operation of a Land Clearing Inert Debris LCID Site , mulching of allowed debris , and mining of clay gravel and sand gravel He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 9 on March 20 , 2005 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 17 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 9 and made the following recommendations PagePage pageNumber5223 July 11 , 2005 – 7 00 pm Continued Upon a motion by Mr Gathers , seconded by Mr Edwards , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 05 - 9 , based on the Findings of Facts and subject to the Special Conditions as follows 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 ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 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 ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Operation hours Monday thru Saturday , 7 00 am – 7 00 pm 3 Signage 4x8 maximum 32 sqft in area , maximum 8 ft in height 4 Obtain all required State permits and adhere to all State regulations 5 The required buffer shall be in place prior to operation 6 Noise levels of machinery will not exceed those shown in the data presented tonight 7 Dust will be controlled via the methods described tonight 8 Any dyes used will be of non - toxic , organic nature as those illustrated tonight 9 Liability insurance will be maintained at all times 10 Buffering , Setbacks , and Hours Operation are set by the Johnston County Land Development Code under Section 14 - 257 , as follows Johnston County Code of Ordinances CD14 66 re Mining operations d Extraction of earth products , mining operations Note The removal of top soil , and other surface grading activities are exempted from this section 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 methods 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 PagePage pageNumber6224 July 11 , 2005 – 7 00 pm Continued 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 minute 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 dustfree 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 material’s 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 Chip Hewett , 412 Bennett Drive , Selma , Attorney for the Applicant , referred to the Summary of Evidence from the May 17 , 2005 Planning Board Meeting , specifically special use conditions numbers six noise levels , seven dust control , and ten buffer and setback requirements Mr Hewett pointed out the 250 ft buffer recommended by the Planning Board is specifically required for the mining portion of the special use permit only The State Mining Commission only requires a 50 ft buffer Further , the Planning Board defined a “ dense , evergreen buffer ” as a class c times 15 buffer The Applicant proposes to substitute large trees for small trees and shrubs , where existing vegetation is not sufficient in the buffer area He also offered a letter in support of the requested operation from Lampe & Malphrus Lumber Company of Smithfield Fred Talton , 1052 North Lakeside Drive , Smithfield , Applicant , stated he agrees to the Planning Board’s recommendation of a 250 ft buffer , and reiterated the State only requires a 50 ft buffer Planning and Zoning Administrator Eddy Davis offered explanation on Items f and g from the County Code of Ordinances , re Mining Operations , Article 4 Section 257 d 5 “ No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and property line are one and the same ” and “ a 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 ” He noted the State Mining Commission’s intent for a “ mining operation buffer ” is the buffer should provide visual screening from the roadway and adjacent properties The buffer must be thick enough that it restricts visibility , however , the State does not require the Applicant to plant the entire buffer in trees The buffer area must remain unexcavated and cannot be disturbed except for access roads The County’s regulationPagePage pageNumber7225 July 11 , 2005 – 7 00 pm Continued goes beyond the State’s requirement of a minimum 50 ft buffer , although , the State has the authority to install a 500 ft buffer , if they find more than 250 ft necessary for the Applicant’s specific operation Mr Davis stressed the buffer should include a denseness thick enough to provide visual and noise screening He agreed with Mr Hewett’s earlier statement , the 250 ft buffer requirement is specifically for the mining operation There is no 250 ft buffer requirement for the LCID , crushing , or mulching portions of the special use request ; buffers for this type of special use would be much less In response to a question from Commissioner Jeffrey P Carver , Mr Davis noted the property must be rezoned before the State will consider the mining request Commissioner Allen L Mims , Jr stated it is his understanding that staff considers the State’s requirement for a minimum 50 ft buffer a suggestion that a 50 ft buffer would provide adequate screening The County’s 250 ft buffer requirement would include the screening aspect , as well as restrict no land disturbance within the buffer area Mr Davis pointed out the Applicant would be allowed to put in an access road He identified the proposed location of the access road and office on the site plan , and noted both are within the 250 ft buffer area The State Mining Commission has no problem with the access road and office being located within the buffer area , as long as the remaining area is undisturbed and unexcavated In response to a request from Commissioner Mims , the Applicant identified the possible excavation sites on the site plan He noted the State Mining Commission requires an undisturbed buffer where the creek is located on the property , and emphasized trees already exist , sufficient for screening in this area Lou Starling , 405 East Market Street , Smithfield , Attorney representing neighboring property owners Harold Talton , Kenneth Talton , and Joyce Talton Gibson , stated with the proper regulations his clients do not oppose the Applicant’s request He pointed out the close proximity of the property to the Town of Smithfield’s ETJ Mr Starling emphasized the numerous operations the request would allow for including concrete , cement , and wood grinding , and clay gravel and sand gravel mining His clients expressed concerns regarding the noise and dust from commercial grinders , crushers , and jack hammers He compared the operation to Martin Marietta of Benson where dirt berms are in place to combat noise and dust from their operation Mr Starling stated the current lay of the land is a wheat field that backs up to a swamp Mr Talton’s site plan includes an office and parking lot in the buffer area Mr Starling emphasized his clients ’ are requesting the Board require the applicant place a 250 ft buffer around the operation , restrict the office to be located outside the buffer area , retain existing vegetation for noise and visual screening , allow no disturbance of vegetation except for access roads , and provide a dense evergreen buffer where existing vegetation does not exists within the 250 ft setback area In response to a question from Commissioner Jeffrey P Carver regarding the location of the office , Mr Starling stated his clients are concerned about the location of the office in the buffer area , and do not believe the office would serve as a buffer from the noise generated in the pits In their opinion , a vegetative buffer in this area would provide greater noise screening than the office building Commissioner Wade M Stewart noted the lower portion of the proposed buffer , along the creek , is already in heavy vegetation Commissioner Mims stated that he sits on the Planning Board as an ex - officio member , and did not recall the Applicant’s intentions to use jack hammers at the site However , he did recall the use of grinders , and the Applicant providing material noting equipment decibel readings and a system to combat dust at the site Mr Starling reiterated that his clients request was to ensure existing vegetation within the buffer and any vegetation added by the Applicant would be dense enough to provide adequate noise and visual screening In response to a request from Commissioner Stewart , the Applicant traced the property lines surrounding the subject property , and pointed out the only nearby house is his mother and father’s , William and Irene Talton He noted there is currently a machine shop near the subject property Further , in response to Mr Starling’s earlier comments , he stated there would be a tremendous difference between his operation and Martin Marietta , with the latter being a much bigger operation , creating more dust and noise Mr Talton referred to the Sound Level Documents included in the agenda for case 05 - 9 , and explained at 150 feet , the operational sound level of the grinder would be at approximately 68 decibels in an area free from obstructions such as trees The rock crusher would actually be less noisy than the grinder He emphasized his willingness to not only install the class c times 15 buffer , but also substitute small trees and shrubs with staggered larger trees In regards to dustPagePage pageNumber8226 July 11 , 2005 – 7 00 pm Continued concerns , water would be sprayed onto concrete products before crushing and grinding , and water misters would control the dust to a minimum Further , there would be no jack hammers on the site In response to a question from Commissioner DeVan Barbour , Mr Talton responded he plans to purchase a tub grinder in the near future , and a rock crusher later He emphasized they would not allow the cement to pile up , rather , place it in a hole to crush and grind later If Mr Talton chooses to rent a crusher , he will research and ask for the specifics of the machine Kenneth Talton , 2750 NC 96 North , Selma , surrounding property owner , expressed concerns that material would pile up if the business fails He urged the Board to consider the impact of approving the special use request , and reiterated the surrounding property owners ’ request for a 250 ft buffer with adequate , dense vegetation Commissioner Mims explained that the Board has the authority to revoke the special use permit if the Applicant does not comply with the conditions Chip Hewett , Attorney for the Applicant , reminded the Board the Applicant has agreed to install a class c times 15 buffer and substitute larger trees for small trees and shrubs In regards to the surrounding property owners ’ request to place the office outside the 250 ft buffer , this would further limit the usable land available to the Applicant Commissioner Barbour questioned if any of the existing vegetation would be removed , and asked for clarification from staff and the Applicant Eddy Davis , Planning and Zoning Administrator , commented currently there is a wheat field and beans located within the 250 ft buffer area Both would require removal and replanting , if the Board allows Secondly , the Board would need to decide the exact proximity of the vegetative screening within the 250 ft buffer Applicant Fred Talton stated the wheat field had recently been harvested , and he would like to plant permanent vegetation , such as coastal hay , in the place of the wheat This would be an unexcavated area , and the State requires some type of vegetation to prevent erosion There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 9 Board Discussion Commissioner Wade M Stewart noted it is his understanding Mr Starling’s clients are requesting a 250 ft buffer with vegetation sufficient to provide adequate noise and visual screening and the office located outside the 250 ft buffer area He asked the Applicant , or his attorney , to specify his request Mr Hewett responded the Applicant agrees to the conditions set forth by the Planning Board , the class c times 15 buffer , and consents to substitute large trees for shrubs and small trees Also , Mr Talton requests the Board approve the existing vegetation along Pole Cat Creek as sufficient screening for that specific portion of the buffer , and require the class c times 15 screening in the remaining buffer area Mr Davis further explained the Applicant has agreed to the following requirements , where sufficient vegetation does not already exist • 30 ft wide minimum class c times 15 buffer along Mallard Rd , which would include 9 large trees , 15 small trees , and 45 shrubs • 15 ft wide minimum class c times 15 buffers along the other three sides of the property , 8 large trees , 18 small trees , and 45 shrubs He reiterated the Applicant does wish to substitute large trees for shrubs and small trees Commissioner Stewart stated , in his opinion , it would make the most sense to place the vegetative screening at the outer most edge of the 250 ft buffer He asked the Applicant the reasoning behind placing the office within the buffer Mr Talton informed the Board the existing vegetative screening is roughly 20 ft from the edge of the property line , and he would prefer the existing and any additional screening , as required by the specialPagePage pageNumber9227 July 11 , 2005 – 7 00 pm Continued conditions , remain within this area The proposed office location is also within 20 ft from the outer edge of the property , and , in Mr Talton’s opinion , would be in a location that works best for the operation Commissioner Allen L Mims , Jr stated , in his opinion , the office needed to be inside the screened area Decision on Special Use Case 05 - 9 Case 05 - 9 Application to allow for the operation of a Land Clearing Inert Debris LCID Site , mulching of allowed debris , and mining of clay gravel and sand gravel Owners William I Talton and Irene L Talton Applicants Debris Unlimited Based on the following findings of fact , with conditions attached and the addition of the following conditions as it pertains to the Johnston County Code of Ordinances Article 4 Section 257 re Mining Operations , Commissioner Wade M Stewart moved the Board authorize the Planning Department to issue a special use permit to Owners William I Talton and Irene L Talton and Applicant Debris Unlimited for the operation of a Land Clearing Inert Debris LCID Site , mulching of allowed debris , and mining of clay gravel and sand gravel on Mallard Road in the Smithfield Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Additional Conditions Where vegetation within the 250 foot setback area does not already exist , 1 Vegetation is to be at the outer edge of the 250 foot buffer area , 2 “ A dense evergreen buffer ” is defined as , at a minimum , a 30 ft wide class c times 15 buffer along Mallard Rd , and 15 ft wide minimum class c times 15 buffers along the other three sides of the property , however , the vegetative buffer must be sufficient to provide adequate noise and visual screening , 3 Existing vegetation shall not be removed and shall provide adequate noise and visual screening , and 4 If the applicant chooses to substitute large trees for small trees and shrubs , this is permissible as long as the buffer provides adequate noise and visual screening Findings of Fact and Special Conditions As Approved by the Board of Commissioners 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 ; 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 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 ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Operation hours Monday thru Saturday , 7 00 am – 7 00 pm 3 Signage 4x8 maximum 32 sqft in area , maximum 8 ft in height 4 Obtain all required State permits and adhere to all State regulations 5 The required buffer shall be in place prior to operation 6 Noise levels of machinery will not exceed those shown in the data presented tonight 7 Dust will be controlled via the methods described tonight 8 Any dyes used will be of non - toxic , organic nature as those illustrated tonight 9 Liability insurance will be maintained at all times 10 Buffering , Setbacks , and Hours Operation are set by the Johnston County Land Development Code under Section 14 - 257 , as follows , and the addition of the following conditions specifically referring to d 5 item g Additional Conditions Where vegetation within the 250 foot setback area does not already exist , 1 Vegetation is to be at the outer edge of the 250 foot buffer area ,Page0228 July 11 , 2005 – 7 00 pm Continued 2 “ A dense evergreen buffer ” is defined as , at a minimum , a 30 ft wide class c times 15 buffer along Mallard Rd , and 15 ft wide minimum class c times 15 buffers along the other three sides of the property , however , the vegetative buffer must be sufficient to provide adequate noise and visual screening , 3 Existing vegetation shall not be removed and shall provide adequate noise and visual screening , and 4 If the applicant chooses to substitute large trees for small trees and shrubs , this is permissible as long as the buffer provides adequate noise and visual screening Johnston County Code of Ordinances CD14 66 re Mining operations d Extraction of earth products , mining operations Note The removal of top soil , and other surface grading activities are exempted from this section 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 methods 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 Page1229 July 11 , 2005 – 7 00 pm Continued 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 minute 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 dustfree 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 material’s 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 Page2230 July 11 , 2005 – 7 00 pm Continued The Chairman reopened the Rezoning Hearing for Case 05 - 11 Case 05 - 11 Petition to rezone approximately 1030 acres of an 82 acre tract located on Devil’s Racetrack Road SR 1009 in Ingrams Township , from Agricultural - Residential AR to Industrial 2 – Special Use District I1 - SUD Owner W C Stewart Applicant S & S Sand c o Garry Stewart Tax ID 08K13195A Planning and Zoning Administrator Eddy Davis identified the property on the GIS map and noted the request is to rezone approximately 1030 acres of an 82 acre tract located on Devil’s Racetrack Road , in the Ingrams Township , from Agricultural - Residential to Industrial 2 – Special Use District The predominant zoning in the area is Agricultural - Residential Gary Stewart , 709 Westbrook Lowground Road , Four Oaks , requested the Board approve the rezoning and accompanying special use request to allow him and his father to operate a sand mining business Mr Davis stated staff and the Planning Board recommended approval of the request There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 11 Decision on Rezoning Hearing Case 05 - 11 Case 05 - 11 Petition to rezone approximately 1030 acres of an 82 acre tract located on Devil’s Racetrack Road SR 1009 in Ingrams Township , from Agricultural - Residential AR to Industrial 2 – Special Use District I1 - SUD Owner W C Stewart Applicant S & S Sand c o Garry Stewart Tax ID 08K13195A Commissioner W Ray Woodall moved the Board approve the rezoning case 05 - 11 , for approximately 1030 acres of an 82 acre tract located on Devil’s Racetrack Road , in the Ingrams Township , from Agricultural - Residential AR to Industrial 2 – Special Use District I1 - SUD for owners W C Stewart and applicant S & S Sand c o Garry Stewart Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 05 - 11 Case 05 - 11 Application to allow for the operation of sand mine Owner W C Stewart Applicant S & S Sand c o Garry Stewart Those wishing to speak on Special Use Case 05 - 11 were sworn in by the Clerk to the Board Planning and Zoning Administrator Eddy Davis introduced the special use case , and stated the request is to allow for the operation of a sand mine He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 11 on April 15 , 2005 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 17 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 11 and made the following recommendations Upon a motion by Mr Gathers , seconded by Mr DeLaine , and carried by a unanimous vote of 7 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 05 - 11 , based on the following Finding of Facts and subject to the Special Use Conditions as follows 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 ;Page3231 July 11 , 2005 – 7 00 pm Continued 2 That the use or development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 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 ; 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 ; and 5 That the use as proposed will provide a valuable use for the community Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Operation hours Monday thru Saturday , 7 00 am – 7 00 pm 3 Signage 4x8 , maximum 8 ft in height 4 Obtain all required State permits and adhere to all State regulations 5 Existing vegetation shall remain within a 50 ft buffer area 6 Access shall be through the Louise Rhodes property as shown on the site plan Documentation of an agreement with Ms Rhodes to use this access also needs to be provided prior to the recording of the Special Use Permit 7 Liability insurance in the amount of 1 2 million shall be in force at all times 8 Buffering , Setbacks , and Hours Operation are set by the Johnston County Land Development Code under Section 14 - 257 , as follows Johnston County Code of Ordinances CD14 66 re Mining operations d Extraction of earth products , mining operations Note The removal of top soil , and other surface grading activities are exempted from this section 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 methods 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 bePage4232 July 11 , 2005 – 7 00 pm Continued 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 minute 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 dustfree material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to th