November 12, 2002 - 7:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 141 MEETING OF THE JOHNSTON COUNTY BOARD OF COMMISSIONERS November 12 , 2002 The Johnston County Board of Commissioners met in regular session Tuesday , November 12 , 2002 , at 7 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina , with the following members present Present James H Langdon , Jr , Chairman , Cookie Pope , Vice Chairman , Thomas M Moore , Allen L Mims , Jr , Wade M Stewart , Fred Smith , and W Ray Woodall Absent None Also Present Rick J Hester , County Manager , Joyce H Ennis , Clerk to the Board , Mark Payne , County Attorney , and John R Massey , Finance Officer The Chairman called the meeting to order and the following business was transacted Public Comments - No one spoke at this time 1 Public Hearings - Rezoning Cases & Special Use Permit Requests Advertised - In the Smithfield Herald - October 25 and November 1 , 2002 Certified letters were mailed to adjoining property owners on October 31 , 2002 and notices posted at the locations on October 31 , 2002 The Chairman opened the rezoning public hearing and invited anyone who wished to comment on Rezoning Case 601 Case 601 Petition to rezone four parcels totaling approximately 5103 + - acres located on Williford Road SR 1200 in Bentonville Township from Agricultural Residential to Industrial 2 - Special Use District Owners and Applicants Gary Scott Johnson , Gary Neal Johnson and Catherine Johnson Steven Finn , Planning Director , indicated the property on the GIS Map and noted it is located in the eastern portion of the County on Williford Road , near the Wayne County line The surrounding zoning is Agricultural Residential Robert Massengill with Southwind Surveying and Engineering , who was representing the owners and applicants , stated the site is good for sand mining The applicants have posted a bond for reclamation of the property once the mining operation is complete , and have now received the necessary State permits All property owners within 1000 feet were notified , resulting in no negative responses He stated there was some question at the Planning Board meeting about the condition of Williford Road , however , it has now been paved Durwood Martin , who owns the property across the road , asked if there were any plans to do any mining on his side of the road He noted he was not opposed to the rezoning , but wondered about the increase in traffic and the type of vehicles which would be going in and out of the property Mr Massengill stated the mining operator has a 10 year renewable permit to mine on the Johnson’s property only Mr Martin was shown the conditions that were recommended by the Planning Board Mr Finn stated the Planning Board recommended approval by a vote of 9 - 0 There being no further comments , the Chairman closed the rezoning public hearing Decision on Rezoning Case 601 Case 601 Petition to rezone four parcels totaling approximately 5103 + - acres located on Williford Road SR 1200 in Bentonville Township from Agricultural Residential to Industrial 2 - Special Use District Owners and Applicants Gary Scott Johnson , Gary Neal Johnson and Catherine Johnson Upon a motion by Commissioner Cookie Pope , seconded by Commissioner Wade M Stewart and carried by unanimous vote , the Board approved rezoning case 601 for owners and applicants , Gary Scott Johnson ,Page142 November 12 , 2002 Continued Gary Neal Johnson and Catherine Johnson of approximately 5103 + - acres located on Williford Road SR 1200 in Bentonville Township from Agricultural Residential to Industrial 2 - Special Use District The Chairman Opened the Special Use Permit Hearing - Case 601 Case 601 Special use permit application for earth extraction for sand mining on four parcels totaling approximately 5103 + - acres located on Williford Road SR 1200 in Bentonville Township Owners and Applicants Gary Scott Johnson , Gary Neal Johnson , Catherine Johnson Those wishing to speak on Case 601 were sworn in by the Clerk to the Board Mr Finn explained this permit request is for material extraction sand mining operation on the property He offered the following summary of evidence about this case A pre - application hearing was held with the applicant on August 19 , 2002 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 requirements of the Johnston County Development Ordinance regarding landscaping , buffering and fencing 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 Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of Commissioners Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within that time period When necessary , staff informed the applicant of further Planning Office 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 conference , all required notices were mailed to property owners within 500 feet , the property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On September 17 , 2002 , the Johnston County Planning Board held a public meeting regarding this case They recommended , by a vote of 9 - 0 , approval of rezoning to Industrial 2 - Special Use District , and recommended a special use permit for a sand mining operation based on the following findings of facts and conditions Findings of fact 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 of the development complies with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; and 4 That the use or development conforms with general plans for the physical development of the County’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 The application meets the requirements and supplemental standards of Section 673 - Extraction of Earth Products - Mining Operations 6 The mining operation would provide a needed service for this region 7 The immediate area is sparsely populated and environmentally compatible to a sand and gravel mining operation Page143 November 12 , 2002 Continued Special Conditions Recommended By The Planning Board 1 Meet NC State and the International Mining Health and Safety Administration approval 2 Adhere to the conditions of the Operation Plan which are as follows a Date of commencement September 2002 b Hours of operation Monday - Saturday , 7 00 am - 7 00 pm c Type of extracted materials sand and gravel d Estimated volume of extractions i Overburden 143,000 cy ii Sand gravel 633,500 cy e Depth of extraction operations i Overburden 4 - 5 feet ii Sand Gravel 25 - 30 feet below overburden f Method of extraction drag line , excavator , and loader g The mining operation shall begin in zone 1 , as shown on the mining plan , and proceed as shown until all zones within the open field have been mined The wooded area within zone 6 shall be the last area to be cleared and mined h The site shall be graded in such a manner that runoff from the access road and disturbed areas is diverted to the mine i A vegetative cover shall be maintained in all undisturbed areas j Extracted material shall be removed from the exterior of all trucks prior to leaving the mining area to prevent deposition of material on offsite roads k No fuels , hydraulic fluids , lubricants , chemicals , or other contaminants shall be disposed of in the mine area to prevent groundwater contamination l The operation of the mine shall be in accordance with the State of North Carolina Mining Program and NC Mining Act m Overburden material and sand gravel material shall be stockpiled in adjacent unmined areas within the proposed mining area until it is sold and removed from the site Stockpile areas shall be graded so that runoff from the stockpile areas flows into the mine n Water trucks or other methods shall be used to minimize and control dust from the site as needed In response to a question from Commissioner Allen L Mims , Jr , Robert Massengill noted the State requires a 50 setback from adjoining property lines , and the County requires a 250 buffer around the site He noted Leyland Cyprus will be planted on the one side of the property that does not have natural vegetation There being no further comments , the Chairman closed the special use permit request public hearing Decision on Application for Special Use Permit - Case 601 Case 601 Special use permit application for earth extraction for sand mining on four parcels totaling approximately 5103 + - acres located on Williford Road SR 1200 in Bentonville Township Owners and Applicants Gary Scott Johnson , Gary Neal Johnson and Catherine Johnson Based on the following findings of fact and with the attached conditions , Commissioner Cookie Pope , moved the Board authorize the Planning Department to issue a special use permit to owners and applicants , Gary Scott Johnson , Gary Neal Johnson and Catherine Johnson for earth extraction for sand mining on four parcels totaling approximately 5103 + - acres located on Williford Road SR 1200 in Bentonville Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote Findings of fact 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 of the development complies with all required use and intensity regulations of Articles II and VI of the Development Ordinance , and the applicable specific standards contained in section 14 - 257 and with all applicable regulations Note Applicable regulations not in the land use chapter may include and are not limited to other provisions of this Code , other ordinances and resolutions , and state and federal 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 ; andPage144 November 12 , 2002 Continued 4 That the use or development conforms with general plans for the physical development of the County’s planning jurisdiction as embodied in the Development Ordinance , the County Strategic Plan , or other development policies as adopted by the Board of Commissioners 5 The application meets the requirements and supplemental standards of Section 673 - Extraction of Earth Products - Mining Operations 6 The mining operation would provide a needed service for this region 7 The immediate area is sparsely populated and environmentally compatible to a sand and gravel mining operation Special Conditions 1 Meet NC State and the International Mining Health and Safety Administration approval 2 Adhere to the conditions of the Operation Plan which are as follows a Date of commencement September 2002 b Hours of operation Monday - Saturday , 7 00 am - 7 00 pm c Type of extracted materials sand and gravel d Estimated volume of extractions i Overburden 143,000 cy ii Sand gravel 633,500 cy e Depth of extraction operations i Overburden 4 - 5 feet ii Sand Gravel 25 - 30 feet below overburden f Method of extraction drag line , excavator , and loader g The mining operation shall begin in zone 1 , as shown on the mining plan , and proceed as shown until all zones within the open field have been mined The wooded area within zone 6 shall be the last area to be cleared and mined h The site shall be graded in such a manner that runoff from the access road and disturbed areas is diverted to the mine i A vegetative cover shall be maintained in all undisturbed areas j Extracted material shall be removed from the exterior of all trucks prior to leaving the mining area to prevent deposition of material on offsite roads k No fuels , hydraulic fluids , lubricants , chemicals , or other contaminants shall be disposed of in the mine area to prevent groundwater contamination l The operation of the mine shall be in accordance with the State of North Carolina Mining Program and NC Mining Act m Overburden material and sand gravel material shall be stockpiled in adjacent unmined areas within the proposed mining area until it is sold and removed from the site Stockpile areas shall be graded so that runoff from the stockpile areas flows into the mine n Water trucks or other methods shall be used to minimize and control dust from the site as needed Board Reports and Comments 2 Award of Design - Build Contract for Water Treatment Plant Expansion Engineer Tim Broome explained that staff has negotiated a design - build contract with Crowder Construction Co of Apex , NC and their engineers , McKim and Creed of Cary , for the Water Treatment Plant Expansion project He recommended the Board approve the negotiated contract in the amount of 3,898,000 and approve the total project cost of 5,850,000 , which includes the previously awarded contracts for the reservoir cover , the new ClariCone system , and other County procured equipment He also recommended the Board approve a financing plan allocating 2,250,000 from capital reserves and a 20 year private placement installment loan in the amount of 3,300,000 Mr Broome noted the current FY budget includes 150,000 for a maintenance warehouse at the Water Treatment Plant site He asked the Board to approve staff seeking bids for a separate contract for the construction of the warehouse , as well as an office building and vehicle shelter He noted the additional funds over the 150,000 would come from the private placement financing proceeds Upon a motion by Commissioner Fred Smith , seconded by Commissioner Allen L Mims , Jr , and carried by unanimous vote , the Board approved a design - build contract in the amount of 3,898,000 with Crowder Construction Company and their engineers McKim & Creed for the expansion of the Water Treatment PlantPagePage pageNumber5145 November 12 , 2002 Continued project , approved a total project budget of 5,550,000 , which includes funding for a separate contract for construction of a maintenance warehouse , office building and vehicle shelter , and approved a project financing plan as outlined above 3 School Board Request County Easement - Champion Products Property Upon a motion by Commissioner Fred Smith , seconded by Commissioner W Ray Woodall and carried by unanimous vote , the Board approved a request from the Board of Education for an easement across County owned property adjacent to Clayton High School , so they can proceed with grading and site work for the construction of a new Clayton High School Gymnasium 4 Update Future Wastewater Treatment Plans Commissioner Fred Smith asked for an update on the future of Wastewater Treatment and the search for possible sites for a new treatment plant County Manager , Rick Hester , responded that a work group has identified some possible sites for a future plant , and plans are to proceed with an analysis of the properties to see if they are suitable for this purpose Once this is completed , the group will begin negotiations for purchasing a site Commissioner Thomas M Moore who serves on the work group noted they have also met with mayors of the County’s municipalities and asked them to consider their future wastewater needs Commissioner Smith , who was recently elected to the NC Senate , noted that before he leaves office as a Commissioner , he would like to know that all the County’s infrastructures - solid waste , water and wastewater - are in good shape Tim Broome pointed out the County has been awarded a low - interest loan and now has an additional discharge permit from the State to expand the existing plant from 5 million to 7 million gpd , which should be sufficient capacity for the next 10 years At the same time , the County is being progressive and wise to look at possibilities for the future , including all parties to make sure the best decisions are made for everyone 5 County Receives Plaque from Artists in the Schools Commissioner Fred Smith presented the County a plaque from “ Artists in the Schools , ” which was given in appreciation of the County’s financial contribution to that program There being no further business , Commissioner Cookie Pope moved the Board adjourn Commissioner Thomas M Moore seconded the motion , which carried by unanimous vote ________________________________________ James H Langdon , Jr , Chairman _____________________________ Joyce H Ennis , Clerk to the BoardPage