February 1, 2021 - 6:00 pm - County Board of Commissioners Meeting Minutes

10 768 Meeting of the Johnston County Board of Commissioners February 1 , 2021 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , February 1 , 2021 at 6 00 pm in the Old Superior Courtroom Courtroom No 4 at the Johnston County Courthouse , Smithfield , North Carolina The following members were present Present Chairman Chad M Stewart , Vice Chairman Larry Wood , Tony Braswell , Ted G Godwin , Patrick E Harris , RS “ Butch ” Lawter , Jr , and Fred J Smith , Jr Absent None Also Present County Manager Rick J Hester , County Attorney Jennifer J Slusser , Clerk to the Board Paula Woodard , and Paralegal Deputy Clerk to the Board Dana Cuddington Chairman Chad M Stewart called the meeting to order at 6 00 pm and the following business was transacted 1 Public Comment None 2 Public Hearing Rezoning and Special Use Requests Advertised – The News & Observer Friday Zone Edition – January 22 and 29 , 2021 ; The Johnstonian News and The News in Review – January 20 and 27 , 2021 Certified letters were mailed to adjoining property owners on January 15 , 2021 Notices were posted at the locations on November 3 , 2020 for Cases 20 - 31 , 20 - 33 , and 20 - 34 and November 23 , 2020 for Cases 20 - 35 , 20 - 36 , and 20 - 37 The Chairman opened the Rezoning Hearing for Case 20 - 31 Case 20 - 31 Petition to rezone an 118 acre tract located in the 3000 block of Federal Road in Elevation Township from Industrial 1 I - 1 to Industrial 2 I - 2 Tax ID 07F08105B Owner WE Blackmon Applicant Timothy Eldridge Planning Director Braston Newton stated the petition is to rezone an 118 acre tract located in the 3000 block of Federal Road in Elevation Township from Industrial 1 to Industrial 2 Mr Newton stated the site is currently zoned Industrial 1 and vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; Industrial 1 and vacant ; General Business and Community Business and used for various businesses The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for this portion Federal Road is 1,100 vehicles per day as of 2019 and it does not appear on the Comprehensive Transportation Plan as needing improvement Applicant Timothy Eldridge , 7892 Harper House Road , Newton Grove , requested the rezoning to be approved and offered to answer any questions Taylor Waitt , 1047 Shade Tree Road , Benson , addressed the Board in opposition to the request Mr Waitt stated he lives approximately 525 feet from the subject site on a small farm Mr Waitt spoke on the various uses allowed within the Industrial 2 zoning district and stated the request is not in character with the surrounding area He stated there are several residential lots , three subdivisions , and several small farms and small businesses in the area Mr Waitt suggested that the zoning would be better suited for an industrial park that is equipped for the type of uses allowed within Industrial 2 Mr Waitt requested the Board to deny the rezoning request There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet At the inquiry of Commissioner Ted G Godwin , Mr Newton stated the main difference in between Industrial 1 and Industrial 2 is that with Industrial 2 there is a product being manufactured which means therePage769 February 1 , 2021 – 6 00 pm Continued will be a by - product He stated Industrial 2 is heavier in nature whereas Industrial 1 is directed more towards logistics , warehousing , and similar uses Chairman Chad M Stewart noted Mr Waitt made some good points when he spoke regarding potential uses allowed within the straight Industrial 2 zoning classification and asked about a special use permit Mr Newton stated a special use permit would allow the Board to restrict the site to a specific use with conditions instead of all the uses allowed within a straight Industrial 2 zoning Mr Newton stated a special use permit continues with the land and transfers if the property is conveyed to a new owner There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 31 Decision on Rezoning Case 20 - 31 Case 20 - 31 Petition to rezone an 118 acre tract located in the 3000 block of Federal Road in Elevation Township from Industrial 1 I - 1 to Industrial 2 I - 2 Tax ID 07F08105B Owner WE Blackmon Applicant Timothy Eldridge Commissioner Tony Braswell moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 31 Commissioner Ted G Godwin seconded the motion Further Discussion Commissioner Ted G Godwin asked about a special use being applied to the zoning Mr Newton clarified that under the straight Industrial 2 zoning , the applicant would not have to come back before the Board of Commissioners for special use permit approval ; however , any development of the property is subject to commercial site plan review and because of the adjoining properties having a less intense zoning , buffers would be required The motion carried by the following vote Ayes Commissioners Chad M Stewart , Larry Wood , Tony Braswell , Ted G Godwin , and Patrick E Harris Nays Commissioner Butch Lawter Abstained Commissioner Fred J Smith , Jr RESOLUTION FOR CASE NUMBER 20 - 31 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a 118 acre tract identified as tax Tag ID 07F08105B located in the 3000 block of Federal Road in the Elevation Township , from Industrial - 1 to Industrial - 2 WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT Page770 February 1 , 2021 – 6 00 pm Continued 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 1 Grow in a fiscally efficient , compact manner This is because the site is located within the primary growth area and commercial activity node The request is reasonable in that Industrial is compatible with surrounding land uses and zoning , which include other Industrial and commercial zoning designations 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The proposed land use is compatible with the surrounding area and the subject property is located adjacent to an interstate and the Interstate Highway Interchange Overlay 3 This Board approves the proposed zoning amendment from Industrial - 1 I1 to Industrial - 2 I2 st Adopted this the 1 day of February , 2021 The Chairman reopened the Rezoning Hearing for Case 20 - 33 Case 20 - 33 Petition to rezone 15 acres of a 112 acre tract located at 5644 Zack’s Mill Rd in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D05009C Owner Linwood Sanders Applicant Linwood Sanders Planning Director Braston Newton stated the petition is to rezone 15 acres of a 112 acre tract located at 5644 Zack’s Mill Road in Pleasant Grove Township from Agricultural Residential to General Business - Special Use District He noted the special use associated with the rezoning is to allow for commercial vehicle parking Mr Newton stated the site is currently used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes The area is located within a designated “ Primary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes areas in which high levels of growth pressures currently exist or are anticipated near term Mr Newton stated the traffic count for this portion Zack’s Mill Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Mr Newton noted the property came in as a violation from an anonymous complaint Applicant Linwood Sanders , 5644 Zack’s Mills Road , Angier , was present for any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet At the inquiry of Commissioner Tony Braswell , Mr Newton stated residences are limited to parking for one commercial vehicle and the applicant has multiple commercial vehicles on the site There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 33 Decision on Rezoning Case 20 - 33 Case 20 - 33 Petition to rezone 15 acres of a 112 acre tract located at 5644 Zack’s Mill Rd in Pleasant Grove Township from Agricultural Residential AR to General Business - Special Use District GB - SUD Tax ID 13D05009C Owner Linwood Sanders Applicant Linwood Sanders Commissioner Ted G Godwin moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 33 Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 33 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ;Page771 February 1 , 2021 – 6 00 pm Continued WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcel identified as tax Tag ID 13D05009C located at 5644 Zack’s Mill Road 015 acre of 112 acre in the Pleasant Grove Township from Agricultural Residential to General Business - Special Use District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 3A Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business - Special Use District GB - SUD st Adopted this the 1 day of February , 2021 The Chairman opened the Special Use Hearing for Case 20 - 33 Case 20 - 33 To allow for commercial vehicle parking Owner Linwood Sanders Applicant Linwood Sanders Those wishing to speak on Special Use Case 20 - 33 were affirmed by the Deputy Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for commercial vehicle parking Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 20 - 33 on September 30 , 2020 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 adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On November 17 , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 20 - 33 and made the following recommendations Upon a motion by Mr Letchworth to approve Rezoning Case 20 - 33 , seconded by Ms Hackler , with Ms Byrd in opposition , Rezoning Case 20 - 33 was approved by a vote of 5 - 1 at the November 17 , 2020 Planning Board Meeting PagePage pageNumber5772 February 1 , 2021 – 6 00 pm Continued Upon a motion by Mr Letchworth to approve the Special Use Conditions for Rezoning Case 20 - 33 with the addition to Condition # 7 to 5 , seconded by Ms Pace , with Ms Byrd in opposition , the Special Use Conditions for Rezoning Case 20 - 33 were approved by a vote of 5 - 1 at the November 17 , 2020 Planning Board Meeting Findings of Facts and Special Use Conditions 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant It for parking my trucks which are commercial 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant Because there are no junk cars stored at my residence 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant I’m only using 50 ft of my gravel lot 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant Don’t really understand what you are asking Specific Land Uses APPLICANT Commercial vehicle parking Special Use Conditions 1 Permitted Uses Parking for commercial vehicles 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Sunday , 24 hours 7 No more than 3 5 commercial vehicles parked on site 8 No advertising signage allowed 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties Item in bold was changed by the Planning Board during the PB meeting Mr Newton noted the special use conditions for the Board’s consideration Applicant Linwood Sanders , 5644 Zack’s Mills Road , Angier , confirmed that he agrees with the special conditions as proposed Mr Sanders stated most of the time his drivers keep the vehicles at their homes , but there are occasions when the vehicles are parked at his home There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 20 - 33 Decision on Special Use Case 20 - 33 Case 20 - 33 To allow for commercial vehicle parking Owner Linwood Sanders Applicant Linwood Sanders Based on the following findings of facts and special use conditions , Commissioner Larry Wood moved the Board authorize the Planning Department to issue a special use permit for Case 20 - 33 to allow for commercial vehicle parking on 15 acres of a 112 acre tract located at 5644 Zack’s Mill Road in Pleasant Grove Township Commissioner Ted G Godwin seconded the motion , which carried unanimously Findings of Facts and Special Use Conditions 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 ; The use will meet all design standards and will be maintained in a manner that promotes public health , and safety for the general safety and welfare of the community A Class B buffer will be installed along all rezoning lines The use is of limited intensity and will comply with the Johnston County Land Development Code to maintain the public health , safety , and general welfare 2 That the use of development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ;PagePage pageNumber6773 February 1 , 2021 – 6 00 pm Continued The use will comply with all county , state , and federal regulations Site specific development plans are required and must meet all development approval 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 ; The use will be operated in a manner that will have very limited impact to the surrounding property , is appealing to the community because it supports an existing business , and enhances the current land use Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure the use is compatible with the surrounding area and will not negatively affect the public 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 The use will be operated in a manner to meet all regulations contained in the county land development code Site specific development plans will ensure that the use meets the standards and development policies set by Johnston County Specific Land Uses APPLICANT Commercial vehicle parking Special Use Conditions 1 Permitted Uses Parking for commercial vehicles 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Applicant shall submit a detailed site plan for review and approval by the Planning and Zoning Department Staff 4 Installation of a Class B landscape buffer along all rezoning lines 1 large trees , 2 small trees , and 6 shrubs every one hundred 100 linear feet Landscaping shall be placed on the outside of any fences 5 All buildings and or development must comply with rules enforced by Federal , State and Local agencies 6 Hours of operation shall be Monday through Sunday , 24 hours 7 No more than 5 commercial vehicles parked on site 8 No advertising signage allowed 9 Lighting shall be dark sky and engineered so as not to shine onto adjacent properties The Chairman reopened the Rezoning Hearing for Case 20 - 34 Case 20 - 34 Petition to rezone 1349 acres of a 5842 acre tract located at the dead end of Buckleberry Rd in Boon Hill Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 04M14046F , 04P13035 , 04P13037 , & 04P13035A Owner D & P Land LLC Applicant Mideast Materials LLC Planning Director Braston Newton stated the petition is to rezone 1349 acres of a 5842 acre tract located at the dead end of Buckleberry Road in Boon Hill Township from Agricultural Residential to Industrial 2 - Special Use District He noted the special use associated with the rezoning is to allow for a sand pit Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural and residential purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes and Industrial 2 – Special Use District and used for a mining operation The area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years Mr Newton stated the traffic count for this portion Buckleberry Road is not available and it does not appear on the Comprehensive Transportation Plan as needing improvement Andy Phillips , 109 Meadowbrook Court , Benson , representing Applicant Mideast Materials LLC , stated they wish to expand to the subject site and continue with sand mining operations , which have already been occurring in the area for years Upon questions by Commissioner Butch Lawter , Mr Phillips stated they currently operate Monday through Friday and approximately 50 trucks come and go from the site each day There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 34 Decision on Rezoning Case 20 - 34 Case 20 - 34 Petition to rezone 1349 acres of a 5842 acre tract located at the dead end of Buckleberry Rd in Boon Hill Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 04M14046F , 04P13035 , 04P13037 , & 04P13035A Owner D & P Land LLC Applicant Mideast Materials LLCPagePage pageNumber7774 February 1 , 2021 – 6 00 pm Continued Commissioner Larry Wood moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 34 Commissioner Patrick E Harris seconded the motion , which carried by unanimous vote RESOLUTION FOR CASE NUMBER 20 - 34 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for the parcels identified as tax IDs 04M14046F , 04P13035 , 04P13037 , & 04P13035A located on Buckleberry Road 1349 acres of 5842 acres in the Boon Hill Township from Agricultural Residential to Industrial 2 - Special Use District WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan in that it aligns with “ Goal 3A Business Expansion and Development , ” that states that the county should encourage and promote the development of new and existing business and industries by offering a progressive atmosphere that will diversify the local economy , expand the tax base , and enhance the quality of life in Johnston County 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure that the request is compatible with the surrounding area and will not negatively affect the public 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD st Adopted this the 1 day of February , 2021 The Chairman reopened the Special Use Hearing for Case 20 - 34 Case 20 - 34 To allow for a Sand Pit Owner D & P Land LLC Applicant Mideast Materials LLC Those wishing to speak on Special Use Case 20 - 34 were affirmed by the Deputy Clerk to the Board Planning Director Braston Newton introduced the special use case and stated the petition is to allow for a sand pit Mr Newton entered the fact sheet , supporting documents in the agenda packet , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 20 - 34 on September 23 , 2020 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 PagePage pageNumber8775 February 1 , 2021 – 6 00 pm Continued ? 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 adjacent property owners The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On January , 2020 the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Modification Case 20 - 34 and made the following recommendations Upon a motion by Mr Caldwell to approve Rezoning Case 20 - 34 , seconded by Ms Byrd , Rezoning Case 20 - 34 was approved by a unanimous vote of 6 - 0 at the November 17 , 2020 Planning Board Meeting Upon a motion by Ms Hackler to approve the Special Use Conditions for Rezoning Case 20 - 34 , seconded by Ms Pace , the Special Use Conditions for Rezoning Case 20 - 34 were approved by a unanimous vote of 6 - 0 at the November 17 , 2020 Planning Board Meeting Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant This is a typical sand mine that will be used as a Farm Pond upon completion It is located in a very remote area , near other similar sand mines 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; Applicant This sand mine operation will obtain all required permits from NCDEQ , and will be regulated accordingly 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; Applicant This sand mine will be reclaimed as a farm pond upon completion of mining , thus preserving the Agricultural use of the property It will have no impact on any contiguous property 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners Applicant This is a simple and temporary sand mine It will be used as a Farm pond upon completion , thus conforming with the current use of the property Specific Land Uses APPLICANT To allow for sand mining operation Special Use Conditions 1 Permitted Uses Sand Mine Operation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Saturday dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts 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 PagePage pageNumber9776 February 1 , 2021 – 6 00 pm 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 method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air blast vibration , measured at the lot lines of the zoning lot containing the extractive use , shall be 125 decibels on the linear scale 5 The following standards shall apply a The permanent roads , defined as those to be used in excess of one year within the excavation site , shall be surfaced with a dust free material such as soil cement , bituminous concrete or Portland cement concrete from the nearest public road to the yard area Also , all permanent roads located within 300 feet of residentially zoned land shall be treated the same b Roads other than permanent roads shall be treated with dust inhibitors , to be specified in the operations plan , which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action Properly operated water wagons shall be an acceptable method of dust inhibition c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required 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 Page0777 February 1 , 2021 – 6 00 pm Continued Mr Newton noted the special use conditions for the Board’s consideration Andy Phillips , 109 Meadowbrook Court , Benson , representing Applicant Mideast Materials LLC , stated of the 1349 acres , approximately 90 would be a farm pond once the sand mine operations are complete Mr Phillips stated they agree to the special use conditions as proposed There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the special use permit based on the information presented in the fact sheet along with the findings of fact , summary of evidence , and special use conditions There being no further comments , the Chairman recessed the Special Use Hearing for Case 20 - 34 Decision on Special Use Case 20 - 34 Case 20 - 34 To allow for a Sand Pit Owner D & P Land LLC Applicant Mideast Materials LLC Based on the following findings of facts and special use conditions , Commissioner Ted G Godwin moved the Board authorize the Planning Department to issue a special use permit for Case 20 - 34 to allow for a sand pit on 1349 acres of a 5842 acre tract located at the dead end of Buckleberry Road in Boon Hill Township Commissioner Larry Wood seconded the motion , which carried unanimously 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 ; This is a typical sand mine that will be used as a farm pond upon completion It is located in a very remote area , near other similar sand mines The use expands business development opportunities in the area The use will meet all design standards and will be maintained in a manner that promotes public health , and safety for the general safety and welfare of the community 2 That the use of the development appears to comply with all required use and intensity regulations of Articles II & IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; The sand mine operation will obtain all required permits from NCDEQ , and will be regulated accordingly The use will comply with all county , state , and federal regulations Site specific development plans are required and must meet all development approval 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 ; The sand mine will be reclaimed as a farm pond upon completion of mining , thus preserving the Agricultural use of the property The use is consistent with the comprehensive land use plan in that it expands business development opportunities in the area The use will be operated in a manner so that it will have no impact on any contiguous property Conditions such as development of the use is subject to site plan review for conformance with Johnston County land development requirements , and vegetative buffering will ensure the use is compatible with the surrounding area and will not negatively affect the public 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 This is a simple and temporary sand mine It will be used as a farm pond upon completion , thus conforming with the current use of the property The use is consistent with the comprehensive land use plan in that it expands business development opportunities in the area The use will be operated in a manner to meet all regulations contained in the county land development code Site specific development plans will ensure that the use meets the standards and development policies set by Johnston County Specific Land Uses APPLICANT To allow for sand mining operation Special Use Conditions 1 Permitted Uses Sand Mine Operation 2 The Special Use Permit shall expire with the violation of any Special Use Condition 3 Submission of a detailed site plan for review and approval by Planning and Zoning Department Staff 4 Operation hours for excavation and transporting materials Monday – Saturday dawn to dusk 5 No signage 6 Obtain all required State permits and adhere to all State regulations 7 Existing vegetation shall remain within the buffer area 8 Setbacks 50 ’ from zoning property line as long as written consent is provided from the adjacent property owners If that consent cannot be agreed upon , then the 250 ’ buffer remains in effect reduction of condition # 9 Item # 5 f and g 9 The following shall apply Land Development Code Section 14 - 257 d Page1778 February 1 , 2021 – 6 00 pm Continued 1 A site plan , and or information prepared by a state registered land surveyor , engineer , architect or landscape architect , shall contain the following a Extent of area to be excavated or mined ; b Aerial photograph of site and all areas within 1,000 feet of the perimeter of the property ; c Neighboring land use , road system , natural features and topographical minimum ten - foot contour intervals details ; d A site cross - section showing extent of overburden , extent of sand and gravel deposits , and water table ; e Location of proposed handling and storage areas for overburden , byproduct and excavated materials ; f Location and results of groundwater boring showing depth to groundwater ; g Any areas proposed for ponds or water collection and storage ; h Wind pattern details and on - site windbreaks ; i Soil conditions , soil descriptions and statement addressing agricultural productivity and reclamation ; j Traffic impact analysis addressing the capacity of the roads to serve the site ; k Access roads to the site , as well as on - site roads , with indication of surface treatment to limit dust ; and l Required setback areas , including buildings , landscape screening buffering existing and or proposed If plant materials are to be installed , the number , location , size and type of plants are to be identified 2 An operations plan which shall include a The date proposed to commence operations and their expected duration b Proposed hours and days of operation c Estimated type and volume of extraction d Description of method of operation , including the disposition of topsoil , overburden and byproducts e Methods to control and respond to spillage of extracted materials , overburden or byproducts and vehicular mud on off - site roads f Description of equipment to be used in the extraction process g Methods to prevent pollution of surface water and groundwater h Operational test wells including schedule of results , analysis and response i Compliance with provisions of the state mining program j Depth of extractive operations k Any phasing of the operation and the relationship among the various phases l Operating practices that will be followed to comply with the performance standards applicable to such operation 3 A rehabilitation plan which shall include a A statement of planned rehabilitation of the excavated land , including detailed methods of accomplishment and planned future use of the rehabilitated land ; b A plan of the site showing the final topography , after rehabilitation , to the same scale as the site plan , depicting any water areas and methods of preventing stagnation and pollution thereof , landscaping and ground cover proposed ; c Typical cross - sections showing planned rehabilitation ; d A phasing and timing plan , related to the phasing and timing portion of the operations plan , showing the progression of the rehabilitation and the date when it will be complete ; e The method of disposing of all equipment , structures , dikes and spoil piles associated with the operations ; and f A copy of the rehabilitation reclamation plan as required by the state mining act where applicable 4 Standards of evaluation The following standards shall be used in evaluating an application a That the applicant demonstrates that the extractive use operation fulfills primarily a local need as opposed to a regional need in terms of supplying sand and or gravel for building and construction purposes b That all operations associated with extraction shall conform to the following performance standards 1 Direct illumination resulting from the operation shall not fall upon any land not covered by the application 2 Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards i Between 7 00 am and 7 00 pm , 68dBA ii Between 7 00 pm and 7 00 am , 58dBA c That vibration levels at the boundaries of the extraction site shall not exceed a maximum peak particle velocity - steady state 10 inches second ; and impact of 20 inches second Note The maximum particle velocity shall be the product of two times the frequency in cycles per second times the sum of three mutually perpendicular displacement components recorded simultaneously For purposes of this article , steady state vibrations are vibrations which are continuous , or vibrations in discrete impulses more frequent than 60 per minutes Discrete impulses which do not exceed 60 per minute shall be considered impact vibrations Maximum air 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 Page2779 February 1 , 2021 – 6 00 pm Continued c Where the proposed extraction shall take place within 300 feet of a dwelling , school , church , hospital , commercial or industrial building , public building , or public land , a security fence at least six feet in height shall be installed d Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the materials natural angle of response e The operations plan and the rehabilitation plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with filling f No land disturbance shall take place within 250 feet of the zoning lot line or the property line where the zoning line and the property line are one and the same g Within the 250 - foot setback area , existing vegetation shall be retained for the purpose of providing a visual screen and noise buffer No disturbance or removal of vegetation shall be permitted except for access roads leading from the excavation area to public roads Where vegetation within the 250 - foot setback does not exist , the applicant shall be required to provide a dense , evergreen buffer consistent with the purpose cited above The buffer shall be in place prior to the initiation of any excavation activities h The applicant shall submit operational reports , prepared on an annual basis , detailing the amounts of materials extracted , extent of extractive area , depth of extractive area , and results of groundwater test boring i Annual inspections of the operation shall be conducted by the zoning officer following submittal of the annual operations reports to determine compliance with the provisions of the special use permit j In cases of abandonment or termination of operations for a period of 12 consecutive months , application for a new special use permit is required k For all extractive uses , a performance guarantee shall be submitted to the county in order to ensure that the provisions of the rehabilitation plan are met Such performance guarantee shall be in a form approved by the county attorney The amount of such guarantee shall cover the cost of rehabilitation on a per acre basis , if the cost does not exceed the amount posted with the state If the rehabilitation cost exceeds the amount required by the state , then the difference shall be made up in a bond to the county The Chairman reopened the Rezoning Hearing for Case 20 - 35 Case 20 - 35 Petition to rezone a 139 acre tract located at 8710 NC Hwy 96 South in Meadow Township from Agricultural Residential AR to General Business GB Tax ID 09H14073J Owner Randy Parker Applicant Wilbur Stuart Allen Planning Director Braston Newton stated the petition is to rezone a 139 acre tract located at 8710 NC Hwy 96 South in Meadow Township from Agricultural Residential to General Business Mr Newton stated the site is currently zoned Agricultural Residential and is vacant The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes , an elementary school , and athletic fields ; and General Business for a service station and other businesses The area is located within a designated “ Secondary Growth Area ” on the County’s Comprehensive Land Use Plan which denotes an area in which low to moderate levels of growth pressures are anticipated over the next 20 years He noted the site is also located in a “ Commercial Activity Node – Neighborhood Center ” in the Land Use Plan Mr Newton stated the traffic count for this portion NC Hwy 96 is 1,800 vehicles per day as of 2019 and does appear on the Comprehensive Transportation Plan as an existing major thoroughfare with adequate design capacity Applicant Wilbur Stuart Allen , 7151 NC 50 South , Benson , stated he is proposing an open - air type market to sell seasonal items There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 35 Decision on Rezoning Case 20 - 35 Case 20 - 35 Petition to rezone a 139 acre tract located at 8710 NC Hwy 96 South in Meadow Township from Agricultural Residential AR to General Business GB Tax ID 09H14073J Owner Randy Parker Applicant Wilbur Stuart Allen Commissioner Larry Wood moved the Board adopt the following Statement of Consistency Resolution and approve the rezoning request for Case 20 - 35 Commissioner Ted G Godwin seconded the motion , which carried by unanimous vote Page3780 February 1 , 2021 – 6 00 pm Continued RESOLUTION FOR CASE NUMBER 20 - 35 RESOLUTION APPROVING A ZONING AMENDMENT AND ADOPTING A STATEMENT OF CONSISTENCY REGARDING AN ORDINANCE AMENDING THE OFFICIAL ZONING MAPS OF JOHNSTON COUNTY WHEREAS , pursuant to NC Gen Stat § 153A - 341 , prior to adopting or rejecting a zoning amendment , the governing board is required to adopt a statement approving or rejecting the zoning amendment and describe if the amendment is consistent or inconsistent with the comprehensive zoning plan and why the board considers the action taken to be reasonable and in the public interest ; WHEREAS , the County Planning Board has reviewed a proposed amendment to The Official Zoning Maps of Johnston County , for a 139 acre tract identified as tax Tag ID 09H14073J located at 8710 NC Hwy 96 South , in Meadow Township , from Agricultural Residential to General Business WHEREAS , based on a review of the proposed amendment the Planning Board found that the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and further recommended that the Board of Commissioners approve the proposed amendment ; and WHEREAS , this Board has reviewed and considered the above written recommendation of the Planning Board and has held a public hearing on the proposed amendment , and this Board desires to approve the zoning amendment and adopt a statement describing why the adoption of the proposed amendment is consistent with the Johnston County Comprehensive Land Use Plan and updates and the Board considers the proposed amendment to be reasonable and in the public interest NOW , THEREFORE , BE IT ORDAINED BY THE JOHNSTON COUNTY BOARD OF COMMISSIONERS THAT 1 This Board finds and determines that the adoption of the proposed amendment to the Official Zoning Maps of Johnston County is consistent with the Johnston County Land Use Plan and updates thereto because the Land Use Plan and updates indicate that a The amendment request is consistent with the Comprehensive Land Use Plan Goal 1 Grow in a fiscally efficient , compact manner ” found in the Comprehensive Land Use Plan This is because the site is located within a commercial activity node - neighborhood center 2 This Board finds and determines that it is reasonable and in the public interest to adopt the proposed amendment because a The zoning is compatible with surrounding land uses and zoning , and the property is located in an identified community activity center per the Johnston County Comprehensive Plan 3 This Board approves the proposed zoning amendment from Agricultural Residential AR to General Business GB st Adopted this the 1 day of February , 2021 The Chairman reopened the Rezoning Hearing for Case 20 - 36 Case 20 - 36 Petition to rezone 593 acres located at 8098 Harper House Rd in Meadow Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 09J17036 & 09J17035A Owner Carolyn Williams & Joyce Burchette ; ELA , LLC Applicant Williams Solar , LLC Planning Director Braston Newton stated the petition is to rezone 593 acres located at 8098 Harper House Road in Meadow Township from Agricultural Residential to Industrial 2 - Special Use District He noted the special use associated with the rezoning is to allow for a solar facility Mr Newton stated the site is currently zoned Agricultural Residential and used for agricultural purposes The surrounding land uses are zoned Agricultural Residential and used for residential and agricultural purposes ; and General Business – Special Use District and used for a contractor’s office , storage , and equipment repair The area is located within a designated “ Agricultural Rural Conservations Area ” which denotes areas of low levels of growth pressures , anticipated over the next 20 years Mr Newton stated the traffic count for this portion Harper House Road is 550 vehicles per day as of 2019 and it appears on the Comprehensive Transportation Plan as a minor thoroughfare with adequate design capacity At the inquiry of Commissioner Larry Wood , Mr Newton stated staff has not received any inquiries regarding the request Emily Brown , 2903 North Davidson Street , Charlotte , representing Applicant Williams Solar , LLC , stated she works for the developer , GreenGo Energy , and she provided the Board with a background of the company Ms Brown stated the proposed site is a 5 - megawatt project that will interconnect with Duke Progress Energy’s substation Ms Brown noted that a community outreach meeting was held in the area on January 7 , 2021 and there was no one in opposition that attended the meeting She stated the proposed site will notPage4781 February 1 , 2021 – 6 00 pm Continued endanger any residents and it will not produce any extra traffic Ms Brown stated the solar panels are not hazardous and do not emit any toxins so they will not present any dangers to the area She reviewed the plans for the solar farm with the Board and stated the site plan would adhere to all of the regulations and ordinances of Johnston County She stated they are in receipt of the certificate of public necessity from the North Carolina Utilities Commission and no complaints were received for the project Ms Brown requested the Board to approve the request and offered to answer any questions There being no further public comments , the Chairman closed the public comment portion of the hearing Mr Newton reported the Planning Board recommended approval of the rezoning and adoption of a Resolution for the Statement of Consistency as submitted in the agenda packet There being no further comments , the Chairman recessed the Rezoning Hearing for Case 20 - 36 Decision on Rezoning Case 20 - 36 Case 20 - 36 Petition to rezone 593 acres located at 8098 Harper House Rd in Meadow Township from Agricultural Residential AR to Industrial 2 - Special Use District I2 - SUD Tax ID 09J17036 & 09J17035A Owner Carolyn Williams & Joyce Burchette ; ELA , LLC Applicant Williams Solar , LLC Commi