August 8, 2005 - 7:00 PM - County Board of Commissioners Meeting Minutes

10 252 Meeting of the Johnston County Board of Commissioners August 8 , 2005 The Johnston County Board of Commissioners met in regular session Monday , August 8 , 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 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – July 26 , 29 , 2005 Certified letters were mailed to adjoining property owners on July 28 , 2005 , and notices posted at the locations on June 1 , 2005 The Chairman opened the Rezoning Hearing for Case 05 - 15 Case 05 - 15 Petition to rezone approximately 4010 acres of a 18969 acre tract located on Buckleberry Road SR 2541 in Boon Hill Township , from Agricultural - Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 04P13035 Owner D & P Land , LLC Applicants Barnhill Contracting Company Steven Finn , Planning and Zoning Director , identified the property on the GIS map and noted this is a request to rezone approximately 4010 acres of a 18969 acre tract located on Buckleberry Road in the Boon Hill Township , from Agricultural - Residential to Industrial 2 - Special Use District The predominant zoning in the area is Agricultural - Residential Rob Barnhill , applicant , stated his company had been mining in the vicinity of the subject property since the mid 80 ’ s The requested rezoning and accompanying special use permit would allow an expansion of the current mining 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 - 15 Decision on Rezoning Case 05 - 15 Case 05 - 15 Petition to rezone approximately 4010 acres of a 18969 acre tract located on Buckleberry Road SR 2541 in Boon Hill Township , from Agricultural - Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 04P13035 Owner D & P Land , LLC Applicants Barnhill Contracting Company Commissioner Wade M Stewart moved the Board approve the rezoning case 05 - 15 , approximately 4010 acres of a 18969 acre tract located on Buckleberry Road in the Boon Hill Township , from Agricultural - Residential to Industrial 2 - Special Use District for Owner D & P Land , LLC and Applicant Barnhill Contracting Company Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote The Chairman opened the Special Use Hearing for Case 05 - 15 Case 05 - 15 Application to allow for the operation of sand mine Owner D & P Land , LLC Applicants Barnhill Contracting Company Those wishing to speak on Special Use Case 05 - 15 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 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 - 15 on May 19 , 2005 At that time , the applicant was informed of the following Page253 August 8 , 2005 Continued • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , storm water and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 21 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 15 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr Byrd and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request of Case 05 - 15 based on the following Findings of Facts and subject to the following Special Use Conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 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 this use as proposed will provide a valuable service to the County and region Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Operation hours Monday – Saturday , 7 00 am – 7 00 pm 3 No signage 4 Obtain all required State permits and adhere to all State regulations 5 Existing vegetation shall remain within the buffer area 6 Buffering , Setbacks , and Hours Operation are set by the Johnston County Land Development Code under Section 14 - 257 , as follows 7 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 Page254 August 8 , 2005 Continued 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 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 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 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 Page255 August 8 , 2005 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 Rob Barnhill , applicant , stated the special use permit would allow an expansion of the current mining at the site He requested the Board consider waiving the special use condition requiring a 250 ft buffer around the subject property , and noted NC DENR only requires a 50 ft buffer In response to questions from Commissioner Wade M Stewart , Mr Barnhill identified the property lines of the subject property on the site plan , and distinguished between the requested 50 ft buffer and Planning Board’s suggested 250 ft buffer He noted the property owner , D & P Land LLC , also owns the surrounding property , with the exception of one side The area is not heavily populated , with the nearest residence being at the end of Buckleberry Road He further identified the route of access to the subject property Commissioner Jeffrey P Carver expressed concern that the property owner , D & P Land LLC , was not present to advise the Board whether they prefer a 50 ft or 250 ft buffer Commissioner Allen L Mims , Jr questioned how the other adjoining property owner might feel about a 50 ft buffer versus the 250 ft buffer Commissioner Stewart pointed out that the State requires a minimum of a 50 ft buffer , and questioned why the County requires a 250 ft buffer In his opinion , there should be justification for requiring the larger buffer , such as a subdivision adjacent to the subject property Commissioner Mims noted that the buffers are to protect surrounding properties owners from the noise and dust generated by some mining operations He informed the Applicant that he could request a modification at a later time to address the buffer issue Commissioner Stewart asked the Applicant whether he preferred the Board table the special use portion of the case until the September Board meeting , and await responses from D & P Land LLC and the adjacent property owner Mr Barnhill stated he would rather the Board make a decision based on the Planning Board’s recommendations , including the 250 ft buffer Steven Finn , Planning and Zoning Director , noted the Planning Board recommended approval of the special use request for Case 05 - 15 There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 15 Decision on Special Use Case 05 - 15 Case 05 - 15 Application to allow for the operation of sand mine Owner D & P Land , LLC Applicants Barnhill Contracting Company 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 for the operation of a sand mine on Buckleberry Road in the Boon Hill Township for Owner D & P Land , LLC and Applicant Barnhill Contracting Company Commissioner Allen L Mims , Jr 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 ;PagePage pageNumber5256 August 8 , 2005 Continued 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and 5 That this use as proposed will provide a valuable service to the County and region Special Use Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 2 Operation hours Monday – Saturday , 7 00 am – 7 00 pm 3 No signage 4 Obtain all required State permits and adhere to all State regulations 5 Existing vegetation shall remain within the buffer area 6 Buffering , Setbacks , and Hours Operation are set by the Johnston County Land Development Code under Section 14 - 257 , as follows 7 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 ;PagePage pageNumber6257 August 8 , 2005 Continued 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 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 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 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 thePagePage pageNumber7258 August 8 , 2005 Continued 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 05 - 16 Case 05 - 16 Petition to rezone approximately 290 acres of a 4375 acre tract located on Eastridge Road SR 1220 in Banner Township , from Agricultural - Residential AR to General Business - Special Use District GB - SUD Tax ID 01G11012 Owner Applicants Shelton Yates Wise and Pam Tew Wise Steven Finn , Planning and Zoning Director , identified the property on the GIS map and stated the request is to rezone approximately 290 acres of a 4375 acre tract located on Eastridge Road , in the Banner Township , from Agricultural - Residential to General Business - Special Use District The predominant zoning in the area is Agricultural - Residential Commissioner Carver pointed out the Applicant has stated that he could possibly fit up to 100 mobile home units on the site , however , planning staff suggest limiting this to 25 units at any given time Mr Finn remarked that staff based their recommendation on the size of the subject property and also ingress egress issues at the site In response to questions from the Board , Shelton Wise , owner of the property , stated that he is continuing to work out a contract to serve as a storage area for office mobile homes , until the land is readied for their placement at Fort Bragg Manufacturers would drop the units at the subject property , and Mr Wise would be responsible for delivering them to Fort Bragg He noted that majority of the units would be new , and that he did not foresee a trailer to remain on site for more than 30 - 60 days before being moved to Fort Bragg There being no further comments , the Chairman recessed the Rezoning Hearing for Case 05 - 16 Decision on Rezoning Case 05 - 16 Case 05 - 16 Petition to rezone approximately 290 acres of a 4375 acre tract located on Eastridge Road SR 1220 in Banner Township , from Agricultural - Residential AR to General Business - Special Use District GB - SUD Tax ID 01G11012 Owner Applicants Shelton Yates Wise and Pam Tew Wise Commissioner W Ray Woodall moved the Board approve the rezoning case 05 - 16 , approximately 290 acres of a 4375 acre tract located on Eastridge Road , in the Banner Township , from Agricultural - Residential AR to General Business - Special Use District GB - SUD for Owner Applicants Shelton Yates Wise and Pam Tew Wise Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 05 - 16 Case 05 - 16 Application to allow for the operation of a mobile home storage lot Owner Applicants Shelton Yates Wise and Pam Tew Wise Those wishing to speak on Special Use Case 05 - 16 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 a mobile home storage lot He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 16 on May 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 PagePage pageNumber8259 August 8 , 2005 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 June 21 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 16 and made the following recommendations Upon a motion by Mr Byrd , seconded by Mr Johnson , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 05 - 16 , based on the following Findings of Fact and subject to the following Special Use Conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 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 – Sunday , 6 00 am – 9 00 pm 3 Signage Remove existing nonconforming sign ; non - illuminated sign on the gate ; 4 ’ x 4 ’ maximum in size 4 Buffering Installation of a class B buffer as shown on site plan ; existing vegetation must remain along the east property line as shown on site plan 5 All - weather surface such as gravel must be placed at the entrance off Eastridge Road since heavy loads will be traveling in and out of the site 6 Mobile homes must be aligned and not stored sporadically 7 Temporary structures Prior to the issuance of a development permit for a temporary structure , the following requirements must be met a All applicants must submit to the administrator prior to the issuance of the development permit a plan for the removal of such temporary structure in the event of a hurricane or flash flood warning notification The plan must include the following information i A specific time period for which the temporary use will be permitted ; ii The name , address and phone number of the individual responsible for the removal of the temporary structure ; iii The time frame prior to the event at which a structure will be removed ie , minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification ; iv A copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed ; and v Designation , accompanied by documentation , of a location outside the floodplain to which the temporary structure will be moved b The information given in section a shall be submitted in writing to the administrator for review and written approval 8 No more than 100 units will be stored on the property at any time In response to a question from Commissioner Jeffrey P Carver , Shelton Wise , owner applicant , stated that he agreed to the special conditions recommended by the Planning Board Commissioner Tony Braswell asked if all the mobile homes stored would be office mobile homes Mr Wise assured the Board that the storage lot would be only for office mobile homes Commissioner Cookie Pope questioned the amount of open space shown on the site plan Commissioner Allen L Mims , Jr responded the site plan only shows an example of how the units will be lined up on the property He further noted based on the Planning Board’s recommendation there is approximately one acre reserved on the site for driving between the units and parking Commissioner Carver expressed concern with regards to special condition number seven He questioned making the applicant move the units before the landfall of a hurricane or upon flood warningPagePage pageNumber9260 August 8 , 2005 Continued notification , and asked whether other mobile home lots are required to do the same In his opinion , the condition would be more relevant if someone was living in the mobile home Commissioner Wade M Stewart pointed out special condition number seven also requires the applicant file an evacuation plan with the Planning Department In response to concerns from the Board , Steven Finn , Planning and Zoning Director , noted the subject property is located in the 100 year flood plain , and that special condition number seven requires compliance with the Johnston County Flood Plain Ordinance and NC Building Code requirements Mr Finn stated that through consultation , staff tries to make the applicant aware of all regulations that apply to the case , and further , includes the regulations in the special conditions of the permit County Attorney Mark Payne agreed with Mr Finn , and noted it is his understanding the floor level of the mobile homes would be in the flood plain He emphasized the importance of including the regulations in the special use permit In response to a question from Commissioner Mims , Mr Wise stated the company he works with carries the insurance for the operation , and there would be no problem moving the units prior to a hurricane or flood Mr Finn noted the Planning Board recommended approval of the special use request for Case 05 - 16 There being no further comments , the Chairman recessed the Special Use Hearing for Case 05 - 16 Decision on Special Use Case 05 - 16 Case 05 - 16 Application to allow for the operation of a mobile home storage lot Owner Applicants Shelton Yates Wise and Pam Tew Wise 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 Applicants , Shelton Yates Wise and Pam Tew Wise , for the operation of a mobile home storage on Eastridge Road in the Banner Township Commissioner Allen L Mims , Jr 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 Operation hours Monday – Sunday , 6 00 am – 9 00 pm 3 Signage Remove existing nonconforming sign ; non - illuminated sign on the gate ; 4 ’ x 4 ’ maximum in size 4 Buffering Installation of a class B buffer as shown on site plan ; existing vegetation must remain along the east property line as shown on site plan 5 All - weather surface such as gravel must be placed at the entrance off Eastridge Road since heavy loads will be traveling in and out of the site 6 Mobile homes must be aligned and not stored sporadically 7 Temporary structures Prior to the issuance of a development permit for a temporary structure , the following requirements must be met a All applicants must submit to the administrator prior to the issuance of the development permit a plan for the removal of such temporary structure in the event of a hurricane or flash flood warning notification The plan must include the following information i A specific time period for which the temporary use will be permitted ;Page0261 August 8 , 2005 Continued ii The name , address and phone number of the individual responsible for the removal of the temporary structure ; iii The time frame prior to the event at which a structure will be removed ie , minimum of 72 hours before landfall of a hurricane or immediately upon flood warning notification ; iv A copy of the contract or other suitable instrument with a trucking company to ensure the availability of removal equipment when needed ; and v Designation , accompanied by documentation , of a location outside the floodplain to which the temporary structure will be moved b The information given in section a shall be submitted in writing to the administrator for review and written approval 8 No more than 100 units will be stored on the property at any time The Chairman reopened the Rezoning Hearing for Case 05 - 17 Case 05 - 17 Petition to rezone approximately 08 of an acre out of a 150 acre tract located at the intersection of Princeton - Kenly Road SR 2342 and Rains Mill Road SR 1002 in Boon Hill Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 04Q07016E Owner Randy Edward Barnes and Kathy C Barnes Petitioner Carolina Telephone and Telegraph c o Sprint Steven Finn , Planning and Zoning Director , identified the property on the GIS map and noted this is a request to rezone approximately 08 of an acre out of a 150 acre tract located at the intersection of Princeton - Kenly Road and Rains Mill Road in Boon Hill Township , from Agricultural - Residential to Agricultural - Residential - Special Use District The predominant zoning in the area is Agricultural - Residential Shaun Tweed , representing Sprint and Carolina Telephone , stated he was available to answer any questions the Board may have There being no further comments , the Chairman closed the Rezoning Hearing for Case 05 - 17 Decision on Rezoning Hearing Case 05 - 17 Case 05 - 17 Petition to rezone approximately 08 of an acre out of a 150 acre tract located at the intersection of Princeton - Kenly Road SR 2342 and Rains Mill Road SR 1002 in Boon Hill Township , from Agricultural - Residential AR to Agricultural - Residential - Special Use District AR - SUD Tax ID 04Q07016E Owner Randy Edward Barnes and Kathy C Barnes Petitioner Carolina Telephone and Telegraph c o Sprint Commissioner W Ray Woodall moved the Board approve the rezoning case 05 - 17 , approximately 08 of an acre out of a 150 acre tract located at the intersection of Princeton - Kenly Road and Rains Mill Road , in the Boon Hill Township , from Agricultural - Residential to Agricultural - Residential - Special Use District for Owners Randy Edward Barnes and Kathy C Barnes , and Petitioner Carolina Telephone and Telegraph c o Sprint Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 05 - 17 Case 05 - 17 Application to allow for the construction and operation of a telephone switching station Owner Randy Edward Barnes and Kathy C Barnes Applicant Carolina Telephone and Telegraph c o Sprint Those wishing to speak on Special Use Case 05 - 17 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 construction and operation of a telephone switching station He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 05 - 17 on March 31 , 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 Page1262 August 8 , 2005 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 , storm water and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On June 21 , 2005 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 05 - 17 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr Byrd , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit , Case 05 - 17 , based on the following Finding of Facts and based on the following 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 is vital to the continued quality of phone service for the community Special Conditions 1 Adequate signage as to identify the owner of the utilities on site with emergency contact information 2 Installation of a class B buffer along all zoning lot lines 3 large trees , 4 small trees , 12 shrubs per 100 linear feet 3 Proper security of the facility as to protect the general welfare and safety of the public Shaun Tweed , representing Sprint and Carolina Telephone , stated he was available to answer any questions the Board may have Mr Finn noted the Planning Board recommended approval of the special use request for Case 05 - 17 There being no further comments , the Chairman closed the Special Use Hearing for Case 05 - 17 Decision on Special Use Case 05 - 17 Case 05 - 17 Application to allow for the construction and operation of a telephone switching station Owner Randy Edward Barnes and Kathy C Barnes Applicant Carolina Telephone and Telegraph c o Sprint 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 Randy Edward Barnes and Kathy C Barnes and Applicant Carolina Telephone and Telegraph c o Sprint , for the construction and operation of a telephone switching station at the intersection of Princeton - Kenly Road and Rains Mill Road in the Boon Hill Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 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 ; andPage2263 August 8 , 2005 Continued 5 That the use as proposed is vital to the continued quality of phone service for the community Special Conditions 1 Adequate signage as to identify the owner of the utilities on site with emergency contact information 2 Installation of a class B buffer along all zoning lot lines 3 large trees , 4 small trees , 12 shrubs per 100 linear feet 3 Proper security of the facility as to protect the general welfare and safety of the public 3 CAMPO Agreement Approved County Manager Rick Hester requested the Board approve a Memorandum of Understanding endorsing the expansion of the NC Capital Area Metropolitan Planning Organization to include Johnston County , and other new members The agreement ensures that Johnston County will have a seat at the table for any decision affecting the western portion of the county The one seat is equivalent to five of the weighted 98 votes among all the members of CAMPO He noted that , at any time , Johnston County can give a 30 day notice , and withdraw its membership , which costs the county 38,000 annually Mr Hester further requested the Board nominate a commissioner to serve as the Johnston County representative for CAMPO Chairman Cookie Pope appointed Commissioner Tony Braswell as the CAMPO representative for Johnston County Commissioner Braswell agreed to serve in the position Upon a motion by Commissioner Tony Braswell , seconded by Commissioner Allen L Mims , Jr and carried by unanimous vote , the Board approved a Memorandum of Understanding endorsing the expansion of the NC Capital Area Metropolitan Planning Organization to include Johnston County , and other new members 4 Update on Devil’s Racetrack Sewer Project County Manager Rick Hester informed the Board that , at his request , Public Utilities Director Tim Broome will provide a brief update on the status of the Devil’s Racetrack Sewer Project Several factors , including a redesign of the project , have resulted in an estimated project budget over the budget initially approved by the Board two years ago Bids received for the project will be at their 60 day mark in September , and staff is requesting direction from the Board as to how to proceed with the project He emphasized staff has worked diligently toward a project suitable for the area , and considered the affordability of the project to the citizens of the Devil’s Racetrack Area and the county Mr Broome stated the project , located between the Highway 701 interchange and Stewart Road , began approximately two years ago As a result of increasing cost for pipe and changes to the project design , the project budget has changed substantially He provided the Board a brief history of the project , and explained the changes that had taken place during the past two years Initially , the Environmental Health Department inspected 37 septic tanks , and found 35 to be failing Water samples from nearby ditches tested positive for fecal coli form , and several shallow wells in the area had coli form contamination also The original project budget , based on the combination of Small Diameter Variable Grade and Step System project design , was 728,500 This included service for 39 residences , construction of two small wastewater pump stations , and installation of 18,000 ft of pipe As staff analyzed the project’s design , they determined that the NC Division of Water Quality would require the County to operate and maintain all the step systems This would add 25 - 30 pump stations to the current 42 pump stations the County maintains Staff decided that it would be in the County’s interest to look into a second project design , combination of Conventional Gravity System and Step System where needed The revised design , with a project budget of 1,588,000 , includes service for 49 residences , construction of two standard pump stations , and installation of 25,000 ft of pipe Staff has come up with a value design to reduce the project budget to 1,480,000 Mr Broome noted that he , along with County Manager Rick Hester and Commissioner Wade M Stewart , recently met with the funding agencies in regards to additional grants and loans Following much discussion , the NC Rural Center offered an additional 100,000 in grant funds , and USDA stated they could provide an approximate additional 470,000 in loan funds , given the County assures them sewer fees in the Devil’s Racetrack area remain under 40 per month USDA also stated there was a possibility of additional grant funds , however , Mr Broome noted staff was uncertain that the additional grant funds would become a reality Further , the proposed revised budget includes the County contributing an additional 82,000 , and the Town of Four Oaks contributing 100,000 to the project Mr Broome noted that the Town of Four Oaks has notPage3264 August 8 , 2005 Continued committed to funding the project , however , the town has some annexation areas that could potentially benefit from the project He clarified , in order to repay the loans needed for the project , users in the Devil’s Racetrack area would pay a 9 surcharge per month compared to other county retail users , however , this would allow their bills to remain under 40 per month as dictated by USDA Also , all other county retail users would incur an additional 065 charge on their monthly bills Following discussion , it was the consensus of the Board to instruct Public Utilities staff to obtain additional information on the revised design and associated project budget , and report back to the Board in September 5 Board Reports and Comments A Board Retreat Scheduled The Board scheduled a retreat on August 17 , 2005 at 6 00 pm in the Commissioners ’ Meeting Room to discuss the County’s financial situation , solid waste issues , and possible land use ordinance revisions There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage