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MINUTES OF THE BURLINGTON PLANNING

AND ZONING COMMISSION MEETING

 

September 27, 2004

 

Council Chamber, Burlington Municipal Building

 

 

CITY MEMBERS:                                                                    EXTRATERRITORIAL MEMBERS:

 

George Byrd, Chairman, Present                        Bud Apple, Present

Jim Burwell, Secretary, Absent                        John Enoch, Present

Paul Cobb, Present                        Richard Franks, Present

Lynn Cowan, Absent                        Jim Johnson, Present

Elder Greg Hargrave, Present                        Ellis Piper, Present

Gordon Millspaugh, Present                        Bob Ware, Present

 

STAFF PRESENT:

 

Robert R. Harkrader, Planning Director

Kurt Pearson, Planner II

Haywood Cloud, Zoning/Subdivision Administrator

Dianne Fogleman, Office Assistant

 

 

         ITEM NO. 1Chairman Byrd called the meeting to order at 7:02 p.m.  Richard Franks acted as Secretary in the absence of Jim Burwell.

 

         ITEM NO. 2: Minutes of the meeting held August 23, 2004, were unanimously approved.  This was a City and extraterritorial item.

 

         ITEM NO. 3: Consent agenda:  (City)

 

(A)    Mr. Aden Stoltzfus with Fleming Engineering, representing Concept Builders, Inc., presented an application for preliminary plan approval of Phases 4, 5 and 6 of Arden Crossing Subdivision.  The property is located between Turrentine Street and Farningham Lane as shown on plans by Fleming Engineering, Inc., dated August 4, 2004, and containing 22 lots.

 

(B)    Mr. Gary Bolden, representing James C. and Ray A. Whitesell, presented an application for final plat approval of the James C. Whitesell and Ray A. Whitesell Subdivision.  The property is located on Pine Street between Key Street and Wicker Street as shown on plans by Gary Bolden, Professional Land Surveyor, dated August 16, 2004, and containing five lots.

 

(C)    Mr. Bob Dischinger, representing D. R. Horton, Inc., presented an application for final plat approval of Phase 6B of the Hanford Hills Subdivision.  The property is located on the southern side of Hanford Hills Road between Vanderbilt Court and Commonwealth Court as shown on plans by Evans Engineering dated September 2, 2004, and containing 33 lots.

 

(D)    Mr. Todd Lambert with Simmons Engineering, representing Mr. Jay Burke, presented an application for final plat approval of the Jay A. Burke Subdivision.  The property is located between Anthony Street and Flushing Street 150 feet southwest of East Webb Avenue as shown on plans by Simmons Engineering and Surveying, Inc., dated September 7, 2004, and containing eight lots.

 

(E)    Mr. Bob Dischinger, representing John Kavanagh Company, presented an application for final plat approval of Phase 1 of the Oak Grove Crossing Condominiums.  The property is located on Forestdale Drive northeast of Boone Station Drive as shown on plans by Evans Engineering, Inc., dated September 1, 2004, and containing 12 units.

 

         Referring to (D), Commission Member Johnson asked about the zoning classification and was told it is zoned R-6.  He asked Mr. Lambert if he knew what was planned for the lots.  Mr. Lambert stated that the property owner has no current intent and no specific plans for development at this time.

 

         Referring to (E), Commission Member Millspaugh asked if construction could begin on lots before final plats are approved.  Planning Director Harkrader stated that construction could begin on one building.  Grading is also allowed if a grading permit is obtained.

 

         Staff recommended approval of (A) contingent upon completion of street construction, installation of water lines, sanitary sewer lines, storm drainage and other engineering requirements or the applicant posting proper surety with the City Engineering Department prior to recording the plat.

 

         Staff recommended approval of (B), (D) and (E) and recommended approval of (C) contingent upon the completion of street construction or the applicant posting proper surety with the Engineering Department prior to recording the plat.

 

         Commission Member Millspaugh made a motion to approve (A) and recommended approval of (C) with the contingencies outlined by staff and recommended approval of (B), (D) and (E). Paul Cobb seconded the motion.  The Commission unanimously approved (A) contingent upon completion of street construction, installation of water lines, sanitary sewer lines, storm drainage and other engineering requirements or the applicant posting proper surety with the City Engineering Department prior to recording the plat.

 

         The Commission unanimously recommended approval of (C) contingent upon the completion of street construction or the applicant posting proper surety with the Engineering Department prior to recording the plat.  The Commission also unanimously recommended approval of (B), (D) and (E).

 

         Consent agenda:  (Extraterritorial)

 

(F)    Mr. Todd Lambert, representing Southcreek Properties, LLC, presented an application for final plat approval of Phase 1 of the MacArthur Landing Subdivision.  The property is located on MacArthur Lane north of NC Highway 87 and south of Durham Street Extension as shown on plans by Simmons Engineering and Surveying, Inc., dated September 9, 2004, and containing three lots.

 

         Staff recommended approval of (F).

 

         Commission Member Franks made a motion to recommend approval of (F).  Bud Apple seconded the motion.  The Commission unanimously recommended approval of (F).

 

         ITEM NO. 4: Mr. Paul E. Carter presented an application to rezone from R-6, Residential District, to R-M, Residential-Mobile Home District, the property located on Pinecroft Drive south of St. Regis Drive and being as shown on Alamance County Tax Map 12-30, Lot 37.  This item was tabled at the August meeting because the applicant was not present. 

 

         This was an extraterritorial item.

 

         Mr. Carter stated that he lives next door to the lot and that he plans to set up a mobile home for his daughter, who is epileptic and cannot work.

 

         Staff recommended approval of the request for rezoning.  Planning Director Harkrader stated the lots on both sides are zoned R-M and R-M will be consistent with other zoning in the area.

 

         Commission Member Apple made a motion to recommend approval of the request for rezoning.  Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning.

 

         The Commission found that the zoning change as requested would not adversely affect the adjoining property and would be in keeping with land use planning in the area. 

 

         ITEM NO. 5: Mr. D. H. Fogleman presented an application to rezone from I-1A, Planned Industrial-Residential District, to CI, Conditional Industrial District, to allow office and warehouse storage.  The property is located on Anthony Road east of Tucker Street and west of Old Trail Road as shown on Alamance County Tax Map 12-5C, Lot 26. 

 

         This was an extraterritorial item.

 

         Staff recommended approval of the request for rezoning contingent upon the applicant adhering to the site plan as well as use and development conditions submitted on the rezoning application.

 

         Commission Member Franks asked if staff had received any telephone calls inquiring about the rezoning and was told that it had not.  He then made a motion to recommend approval of the request for rezoning.  Bud Apple seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning.

 

         The Commission found that the zoning change as requested would not adversely affect the adjoining property and would be in keeping with land use planning in the area. 

 

         ITEM NO. 6: Mr. Todd Lambert with Simmons Engineering, representing Piedmont Developers, Inc., presented an application to rezone from R-9, Residential District, to CI, Conditional Industrial District, to allow self-storage units and a full-time onsite caretaker. The property is located on North Mebane Street east of South Graham-Hopedale Road and west of South Sellars Mill Road and being as shown on Alamance County Tax Map 149-583, Lot 165. 

 

         This was a City item.

 

         Mr. Lambert stated that this would be a good use for the property, which backs up to the proposed Wal-Mart and that the property would not be suitable for residential use.

 

         Commission Member Ware asked if this rezoning would eliminate the buffer zone created between the commercial development and residential area.

 

         Planning Director Harkrader stated that the self-storage units would not infringe into the buffer.

 

         Commission Chairman Byrd inquired about lighting.  Mr. Lambert stated that lights will be turned inward and away from the residential area and that a buffer of trees will also help to protect the neighbors.  Mr. Byrd also asked about the hours and security.  Mr. Lambert stated that there will be a security fence, and since there will be an onsite caretaker, the facility would likely be open 24 hours.

 

         Staff recommended approval of the request for rezoning contingent upon the applicant complying with the submitted site plan and the use and development conditions listed on the application form.  In addition, Planning Director Harkrader stated that during a cursory review, the Technical Review Committee stated that two fire hydrants and a retaining wall would probably be needed on the site.                             

 

         Commission Member Millspaugh made a motion to recommend approval of the request for rezoning with the additions to the site if they are determined to be needed during a subsequent Technical Review Committee meeting.  Paul Cobb seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning contingent upon the applicant complying with the site plan and use and developments conditions listed on the application form.  In addition, the applicant must comply with staff’s recommendation that two hydrants be available on the property as well as a retaining wall being built if necessary.

 

         The Commission found that the zoning change as requested would not adversely affect the adjoining property and would be in keeping with land use planning in the area. 

 

         ITEM NO. 7:   Ms. Suzanne  Rumsey, representing Alcoa/Sprint Wireless, presented an application to rezone from I-2, Light Industrial District, to CI, Conditional Industrial District, to allow a 150-foot freestanding monopole telecommunications tower.  The property is located on West Hanover Road east of South Graham-Hopedale Road as shown on Alamance County Tax Map 149-582, Lot 1B. 

 

         This was a City item.

 

         Ms. Rumsey stated that this would be the last of towers for planned coverage and that all provisions are in compliance with City, state, federal and FAA codes.

 

         Commission Member Ware asked if the tower will have back-up power and was told that there will be a generator powered by a propane tank.  Mr. Ware asked if there would also be a maintenance building on-site and was told that there would not be and that the generator would be brought on-site if needed.

 

         Commission Member Millspaugh asked if the tower would be designed to collapse upon itself, and Ms. Rumsey stated that it would.

 

         Planning Director Harkrader stated that the property is adjacent to Graham’s jurisdiction and, therefore, staff had contacted the city concerning the request.  Mr. Harkrader stated that Graham supported the request as long as the applicant adheres to all regulations governing telecommunications towers.

 

         He stated that City staff recommended approval of the request for rezoning with the following use and development conditions listed on the application and provided by the petitioner:

 

Use Condition

 

1.      To allow a 150-foot freestanding monopole telecommunications tower.

 

Development Conditions

 

1.      Tower site shall meet 25-foot minimum setback requirement.

 

2.      Tower shall be designed to collapse upon itself within the property lines, and an engineer certification shall be provided so stating.

 

3.      Sprint shall conform to all federally-approved standards for power output and EMF emissions and shall provide a certification letter so stating.

 

4.      Sprint shall conform to all FAA guidelines.

 

5.      Sprint shall encourage co-location of antennas, and a letter certifying that the tower is designed for co-location purposes shall be provided.

 

6.      There is no other tower closer than 1,000 feet from this tower.

 

7.      Sprint shall receive approval in letter-form from the Burlington Airport Authority.

 

         Commission Member Millspaugh made a motion to recommend approval of the request for rezoning with the use and development conditions listed on the application and provided by the petitioner. Greg Hargrave seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning with the use and development conditions provided by the petitioner.

 

         The Commission found that the zoning change as requested would not adversely affect the adjoining property and would be in keeping with land use planning in the area.

 

         ITEM NO. 8: Mr. Don Kehler, representing Bula Lodge #409, presented an application to rezone from O-I, Office-Institutional District, to COI, Conditional Office-Institutional District, to allow additional access parking and landscaping.  The property is located on South Main Street east of Kitchin Street and west of Archer Street and being as shown on Alamance County Tax Map 94-405, Lots 5 and 13. 

 

         This was a City item.

 

         Mr. Kehler stated that the Masonic Lodge currently has 27 parking spaces and with the rezoning will have 55.  In addition, new landscaping will be put into place.

 

         Commission Member Hargrave asked if the parking was all that was changing on the lot.

 

         Planning Director Harkrader stated that the two lots would be combined so that the parking could be increased as shown on the site plan.  He informed the Commission that the use was currently legal non-conforming since the current site does not meet the two-acre minimum lot size for private clubs.  He stated that the conditional rezoning would allow the club to come into compliance with the Zoning Ordinance since the site plan would effectively become part of the approval.

 

         Planning Director Harkrader stated that the expanded parking lot would alleviate some of the parking on the streets which will be better for the neighborhood.  He stated that staff recommended approval of the request for rezoning contingent upon the applicant complying with the site plan and the following use and development conditions listed on the application and provided by the petitioner:

 

Use Conditions:

 

1.      Lots 5 and 13 shall be combined into one lot in order to expand the parking area and eliminate on-street parking.

 

Development Conditions:

 

1.      Outside lighting will be added around the parking area.

 

2.      A new curb cut as shown on the site plan will assure a safe traffic flow.

 

3.              Landscaping shall be added around the new parking area to enhance the residential setting.

 

         Commission Member Cobb made a motion to recommend approval of the request for rezoning with the use and development conditions provided on the application form. Gordon Millspaugh seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning with the use and development conditions listed on the application form provided by the petitioner. 

 

         The Commission found that the zoning change as requested would not adversely affect the adjoining property and would be in keeping with land use planning in the area. 

 

         ITEM NO. 9: Mr. Lawson Brown, representing Martin Marietta Materials, Inc., presented an application to rezone from I-1A, Planned Industrial-Residential District, to CI, Conditional Industrial District, to allow for the expansion of an existing use as a quarry at its Burlington facility.  The property is located at 1671 Huffman Mill Road south of the proposed University Drive (Western Loop) as shown on Alamance County Tax Map 3, Block 23, Lots 17, 26, 34, 25, and 22A. 

 

         Mr. Brown pointed out that the property is located within the City’s extraterritorial jurisdiction and not in the City limits as shown on the agenda and that the request is also for Lots 24, 35, 20A, 22, 23, 5 and 21 as listed on Page 2 of the application form.

 

         Mr. Brown introduced Mr. Dean Hardy, Regional Vice President of Martin Marietta, and Mr. Paxton Badham, Vice President of Environmental Services with Martin Marietta.

 

         Mr. Brown shared a brief history of the local facility which has been in operation since 1960 as a non-conforming use.  He stated that Martin Marietta now seeks to obtain the zoning necessary to become a conforming use within the City’s current Zoning Ordinance subject to requirements listed in Section 32.10:NN.

 

         Mr. Brown explained that the company also plans to relocate its office and to change the main entrance off Huffman Mill Road, which has been approved by the NC Department of Transportation.  If the rezoning is approved, the company must modify the required Mining Permit issued by the NC Department of Environment and Natural Resources to include two new reserve tracts added to its mining area for the extraction, processing and sales of rock and stone and construction aggregates.  In addition to the Mining Permit, the facility must have a National Air Quality Permit and a National Pollution Discharge Elimination System (NPDES) Permit for any water discharge neither of which will require modification due to the addition of tracts.

 

         He pointed out that during the year 2003, there were only 56 blasts by explosives to fracture the rock on the site and that these blasts normally occur on the ground below grade.  All blasts require a seismographic reading, and the applicant’s goal is to hold its off-site impacts to two inches per second PPV.

 

         Commission Member Cobb asked the meaning of PPV, and Mr. Badham stated it is a ground motion wave -- Peak Particle Velocity.

 

         Mr. Brown explained that two inches per second PPV would be well below federal standards.  He also pointed out that there would be no mining south of Back Creek or across Huffman Mill Road, where the company also owns property. 

 

         Mr. Brown stated that blasting is carried out around noon or 12:15 after warnings from a siren and before the heat of the day builds up.

 

         There are two important parts of the Mining Permit, Mr. Brown stated.  One is the reclamation plan and the other is the reclamation bond.  The plan developed by the applicant will include the reserve tracts, and the bond must be posted by the applicant with the state to assure the company’s compliance with the plan.

 

         Mr. Brown stated that it is not the intention of the company to increase the intensity of the blasts or to increase traffic but to expand westward and extend the life of the quarry.  The applicant anticipates that it will take as long as 30 years to extend the pit limit with the reserve tracts.

 

         Commission Member Apple asked if the addition of reserve tracts would acquire a new crusher, and Mr. Hardy stated that there would be no changes.

 

         Commission Member Cobb asked how long had Martin Marietta been at the site and was told 40 years.  In that time, Mr. Brown stated, between 50 and 60 million tons of stone had been processed.

 

         The City’s Zoning Ordinance requires a 50-foot buffer; however, the applicant is proposing an additional 100-foot wide buffer on the reserved tracts, Mr. Brown stated.  These berms will be at least 25 feet in height and will be grassed and planted with trees.  At the request of neighbors, fences will be installed inside the berms.  Mr. Brown indicated that an adjoining neighbor, Mr. John Moody, had called him that afternoon and stated that he was satisfied with the buffer.

 

         Commission Member Cobb asked about the height of the security fence and was told six feet.  He commented that six feet didn’t seem tall enough.  Mr. Brown explained that there are also surveillance cameras and alarms set up.

 

         Commission Chairman Byrd added that there’s no such thing as a child-proof fence even one 40 feet tall.

 

         Mr. Brown concluded that the application to rezone the property meets all eight criteria of the Zoning Ordinance as well as all state requirements.  He requested that the following be made a part of the minutes: (1) the official seismograph reports mandated by the State Mining Permit; (2) a letter signed by Mr. William A. Sutton of Wakefield Development Company stating that he has no objection to the request for rezoning; and (3) a letter from Mr. Harry James, a partner in the firm of Great Alamance Associates, stating that he is in agreement with the rezoning request.

 

         Commission Member Hargrave asked if this was an extraterritorial item. 

 

         The question reminded Mr. Brown that part of the rezoning application included a request by Martin Marietta to be annexed into the City.

 

         Planning Director Harkrader stated that the voluntary annexation was submitted as a part of the rezoning application.  He stated that the application was in order and meets all Zoning Ordinance requirements. He stated that staff recommended approval of the request for rezoning with the following use and development conditions listed on the application and provided by the petitioner:

 

Use Conditions

 

The requested use of the property is described in the Table of Permitted Uses, Section 32.9, as “Quarries or other extractive industries,” subject to the requirements of Section 32.10:NN.

 

Since the 1960’s, the property shown on the Site Plan as the existing quarry, the “Property” has been the site of an aggregates mining operation, supplying construction aggregates for the growth and development of the Burlington and Alamance County communities.  When zoning was introduced to this area by the City in 1984, the operation continued as a non-conforming use.

 

The applicant now seeks to obtain the zoning necessary to become a conforming use within the current ordinance.  The request arises from the applicant’s need to relocate and rebuild its office and main entrance and to add two tracts (the Moody and Sharpe tracts, hereafter, the “Reserve Tracts”) of land to its mining area, both as shown on the site plan.  As has been the case since its beginning, the property and Reserve Tracts will be used for mining, including extracting, processing and sales of rock or stone, construction aggregates.  In order to operate a mine in North Carolina, the applicant is required to secure a current Mining Permit from the NC Department of Environment and Natural Resources as well as other permits such as an Air Permit for the plant and a National Pollution Discharge Elimination System (NPDES) Permit for any water discharge.  Copies of all of these permits are included with this application.  All of these permits have been obtained for the property.  The Mining Permit will require modification to show the addition of the Reserve Tracts and the relocation of the office and entrance road.  These permit processes are comprehensive in nature and entail a detailed analysis of all phases of the operation, an analysis of all environmental impacts and restrictions and conditions for operations as necessary for this particular site.  Throughout the terms of the permits, inspections by the appropriate regulatory personnel are made to assure compliance. 

 

Important parts of the Mining Permit are the reclamation plan and the reclamation bond.  The applicant has developed a reclamation plan for the property and will include the Reserve Tracts in that plan if this request is granted by the City of Burlington.  The reclamation plan is included in the Mining Permit.  The applicant also has posted a reclamation bond with the State to assure its compliance with the approved reclamation plan.  A copy of this bond is attached to the Mining Permit.  Condition 7 of Section 32.10:NN requires an additional bond in favor of the City.  The applicant respectfully requests that the City Council considers the fact that a reclamation bond is and will be in place in deciding whether the applicant should be required to post an additional bond for the City.

 

The applicant has obtained the consent of the NCDOT for its new entrance and planned turn lanes required by DOT.  The applicant believes that the relocation of the entrance will enhance safety of the traffic pattern on Huffman Mill Road as the new location provides improved site distance. The applicant owns the property across Huffman Mill Road.

 

As has been the case for the past 40 years, the community will continue to benefit from this supply of construction aggregates.  These products are used in highway and road construction, asphalt, concrete, road base, septic lines, erosion control, driveway and parking lots, railroad ballast and virtually all construction projects.  The community needs these products for economic development and growth of the community and to avoid added costs of hauling them from distant sources.  Haul truck miles on community roadways are minimized with a local source of aggregate products.

 

The applicant has cooperated with the City of Burlington numerous times over many years with the extension of water and sewer lines across its property, the purpose of which was to supply the needs of the growing community.  Now, the applicant has a need to expand its mining property in order to continue to supply construction aggregates likewise needed for this growth.  Adding the Reserve Tracts will extend the life of the quarry for 15 years.  As mentioned above, the products supplied from the applicant’s Burlington quarry are necessary for growth and development, and a local supply is mandatory.  If the Burlington quarry is depleted, another quarry at another nearby location will need to be opened to supply the need.  It would seem to be preferable to extend the life of this existing operation rather than to relocate, permit and open a new one.

 

Amendments to the “Use Conditions”

 

1.         The southernmost entrance for the site will continue to be treated as an entrance.  (Please note that the North Carolina Department of Transportation Driveway Permit issued by NCDOT shows the new northernmost entrance and exit from and onto Huffman Mill Road).

 

2.         There will be general office space in the easternmost portion of the property shown on the Plan.

 

3.         The number of truck trips and the amount of drilling will not increase from present levels.  It is simply an extension of the drilling area. 

 

4.         The State permits included in the package are for the existing site.  If the City Council approves this request, it should include as a contingency for the issuance of the new State Mining Permit.  It is not anticipated that the North Carolina Air Quality Permit or the Storm Water Permit would need to be modified.

 

Development Conditions

 

1.            Setbacks and Fencing

 

            As required by State law, the applicant has provided a 50-foot setback on its existing already (State) permitted property.  On the Reserve Tracts, the applicant proposed a 100 foot undisturbed setback inside of which will be an earthen berm at least 25 feet in height.  The berm will be grassed and planted with trees.  The earthen berms will screen the operation form view and provide noise protection.  The entire site will be fenced in accordance with the requirements of the Mining Permit.

 

2.         Hours of Operation

 

            Quarry operations have been unrestricted as to hours of operation.  Applicant proposes restrictions as set forth below:

 

            (a)   Blasting will be conducted between the hours of 9:00 a.m. and 5:00 p.m. Monday through Friday except when an emergency requires that a blast be detonated after hours.  No blasting will occur on recognized holidays.

 

            (b)Pit operations and plant processing shall be conducted between the hours of 6:00 a.m. and 9:00 p.m. Monday through Saturday.

 

            (c)Sales, including loading customer trucks, maintenance of plant and equipment, pit pumping and other functions related to the operation, may be conducted without restriction as to time.

 

3.Blasting

 

            In order to fracture the rock, applicant must blast the deposit using explosives.  No explosives will be stored on the site; rather, they will be brought onto the site on the day of each blast.  Applicant anticipates blasting approximately three times per week, on average per year.  Blasting is regulated by the State, and restrictions will be part of the applicant’s Mining Permit.  The standard Mining Permit restriction limits off-site blasting impacts to 1”/second, Peak Particle Velocity.  Applicant’s goal is to hold its off-site impacts to one-half of the State limit or 1/2”/second PPV, measured at the closest off-site occupied structure.

 

            Prior to blasting on the Reserve Tracts and at the property owners’ request, a pre-blast survey will be performed at applicant’s expense on all non-company owned, occupied structures within 1,000 feet of proposed blasting activities on the property.  The survey will be performed by a third party consultant, and a copy of the result will be provided to each property owner upon request.

 

            In accordance with North Carolina law, a seismograph reading will be made of each blast event that occurs on the property and the Reserve Tracts at the nearest occupied dwelling.

 

            Records of each blast event will include: date, time, pounds per delay, location of blast, location of seismograph, Peak Particle Velocity readings and decibel readings.  Records will be kept for a minimum of five years at the quarry office and may be inspected on request by the City Manager or his designee.

 

4.            Discharge and Well Protection

 

            Excavation of the pit may reach depths of 400 feet over the life of the operation.  In order to mine, the applicant will pump water from the pit to a permitted stream or river.  Applicant anticipates that there will be no impact on any off-site well or water body as a result of this pumping.  As a general rule, in hard rock deposits (as is the deposit on this site), dewatering impacts do not occur any further out from the edge of the pit than a distance equal to the depth of the pit.

 

            Prior to excavating on the Reserve Tracts and at the property owner’s request, a pre-operation well survey will be performed at applicant’s expense on all wells supplying non-company owned, occupied structures existing at the time of this application within 1,000 feet of the pit area on the property or the Reserve Tracts.  The survey will be performed by a third party consultant, and a copy of the results will be provided to the property owner.

 

5.         Traffic

 

            Traffic will enter and exit the property to or from public roadways only at the locations shown on the site plan.  Applicant has been issued a driveway permit for the new location, a copy of which is included with this application.  Applicant will comply with DOT requirements for these driveway improvements.

 

6.            Intensity

 

            The permitting of the existing quarry and the addition of the Reserve Tracts will have no impact on the volume of traffic, the volume of production, the frequency of blasts or any other function related to the intensity of the mining operation.  The Reserve Tracts serve to extend the life of the quarry by adding reserves of rock to be mined in the future.  As indicated by the site plan, no processing will occur on the Reserve Tracts.  Applicant anticipates that it will take as long as 30 years to extend the pit limit through the Reserve Tracts.

 

7.         Dust Control

 

            The applicant will control dust on the property and the Reserve Tracts by the use of a water truck with spray nozzles throughout the processing plant as set forth and required in the applicant’s Air Permit and for the maintenance of existing vegetative buffers and construction of berms as shown on the site plan.  Applicant will pave the access road into the property from Huffman Mill Road, a distance of 500 feet.

 

8.            Containment Structures; Storage

 

            All fuel or petroleum storage tanks will be above ground and within approved containment structures, and SPCC plans will be developed as appropriate.

 

9.            Compliance

 

            The applicant will develop the site in accordance with the site plan attached hereto and incorporated herein.

 

            Applicant will maintain its N.C. Mining Permit during the time mining takes place on the property and will obtain an amendment to that permit covering the Reserve Tracts prior to beginning any operations there.

 

            As stated above, the applicant requests consideration of the fact that it has already posted a reclamation bond with the State of North Carolina to assure compliance with its approved Mining Permit reclamation plan.  Applicant will comply with the conditions of City Ordinance Section 32.10:NN.

 

            Applicant believes that the reclamation of the property and Reserve Tracts can be accomplished at a cost of approximately $100,000 in today dollars.  Certification will be provided separately.

 

         Commission Member Hargrave made a motion to recommend approval of the request for rezoning with the use and development conditions provided on the application form as well as Martin Marietta obtaining a new State Mine Permit to include the reserve tracts.  Paul Cobb seconded the motion.  The Commission voted unanimously to recommend approval of the request for rezoning with the use and development conditions listed on the application form provided by the petitioner and contingent upon the applicant obtaining a new State Mine Permit to include the reserve tracts. 

 

         The Commission found that the zoning change as requested would not adversely affect the adjoining property and would be in keeping with land use planning in the area. 

 

         Commission Member Millspaugh and Commission Chairman Byrd both commended Mr. Brown for meeting with neighbors to discuss the rezoning application.

 

 

         There being no further business to discuss, the meeting was adjourned at 8:00 p.m.

 

 

 

 

                        ___________________________________________

                                         George A. Byrd, Jr., Chairman

 

 

 

 

                        ___________________________________________

                                       Richard Franks, Acting Secretary