June 5, 2006 - 6:00 PM - County Board of Commissioners Meeting Minutes (Rezoning)

10 514 Meeting of the Johnston County Board of Commissioners June 5 , 2006 6 00 pm The Johnston County Board of Commissioners met in regular session Monday , June 5 , 2006 at 6 00 pm in the Commissioners Meeting Room , Johnston County Courthouse Annex , Smithfield , North Carolina The following members were present Present Cookie Pope , Chairman , Wade M Stewart , Vice Chairman , Allen L Mims , Jr , Jeffrey P Carver , W Ray Woodall , DeVan Barbour , and Tony Braswell Absent None Also Present Rick J Hester , County Manager , April N Byrd , Clerk to the Board , and J Mark Payne , County Attorney 1 Public Comments Citizen Concern with the Town of Princeton – Retail Water Service Marvin Woodard and Tracy Fields , both residents of the Princeton area of the county , approached the board regarding their ongoing dispute with the Town of Princeton In their opinion , since they live in the area outside of the town’s jurisdiction , they should be served by the Brogden water district , which provides retail water service at a less expensive rate than the town Following discussion , the Board agreed to look into the matter 2 Public Hearings – Rezoning Cases and Special Use Permit Requests Advertised – In The Smithfield Herald – May 23 , 26 , 2006 Certified letters were mailed to adjoining property owners on May 25 , 2006 , and notices posted at the locations on April 5 , 2006 The Chairman opened the Special Use Hearing for Case 04 - 05 Case 04 - 05 Application to modify a Special Use Permit for the convenience store located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road SR 1525 Applicant wishes to change his hours of operation to 24 hours a day , 7 days a week Tax ID 05F02020 Owner Applicant Wil - Dor , Inc Those wishing to speak on Special Use Case 04 - 05 were sworn in by the Clerk to the Board Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is to modify a Special Use Permit for the convenience store located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road SR 1525 The specific request is to change the hours of operation to 24 hours a day , 7 days a week Mr Finn identified the property on the GIS map , and introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 04 - 5 on March 23 , 2006 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On April 18 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 04 - 5 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr Byrd , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the modification , based on and subject to the following findings of facts and special conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ;Page515 June 5 , 2006 - 6 00 pm Continued 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ; 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning staff 2 Operating hours 6 00 am - 12 00 midnight , 24 hours a day , 7 seven days a week for a gas station convenience store 3 Freestanding Signage As allowed under Article IX in the Johnston County Land Development Code , as it pertains to General Business Zoning Districts ; No additional signage 4 Buffering Class B which requires three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines 5 All new buildings must comply with rules enforced by the following departments and or agencies NC Department of Transportation , Johnston County Building Inspections , Johnston County Public Utilities and Johnston County Environmental Health 6 Proposed access to NC 42 be moved as far east of the intersection as possible and be approved by DOT Note Requested modifications and additions noted in bold and italics Dale Siler , new owner and applicant , stated that he recently purchased the convenience store located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road Mr Siler noted that he owns several other convenience stores in NC , which operate 24 hours a day He requested the Board’s approval of the modification for Special Use Case 04 - 05 Mr Siler also mentioned that the Clayton EMS is looking for another location , and had spoken to him about possibly using a portion of the site In response to a question from Commissioner Wade M Stewart , Mr Siler confirmed that the request is to allow 24 hours a day operation for the convenience store gas station only He noted that next to his property is a 125 acre tract , and that he heard a Midas Shop was planned for the location The 125 acre tract is between the convenience store property and the Turner Boatright residences Mr Siler stated that it was his understanding the owners of the 125 acre tract would be responsible for placing a buffer between their property and the residences Wesley Turner , 3719 NC 42 West , nearby resident , stated that he did not oppose the convenience store being open 24 hours a day , given the noise is kept to a minimum at night He questioned when the buffer would be constructed on the adjacent property Mr Finn responded the buffer would be constructed at the time the adjacent property is developed He noted the Planning Board recommended approval of the special use modification request for Case 04 - 05 There being no further comments , the Chairman recessed the Special Use Hearing for Case 04 - 05 Decision on Special Use Case 04 - 05 Case 04 - 05 Application to modify a Special Use Permit for the convenience store located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road SR 1525 Applicant wishes to change his hours of operation to 24 hours a day , 7 days a week Tax ID 05F02020 Owner Applicant Wil - Dor , Inc Based on the following findings of fact , with special conditions attached , Commissioner Jeffrey P Carver moved the Board authorize the Planning Department to issue a special use permit to Owner Applicant Wil - Dor , Inc to modify a Special Use Permit for the convenience store located at the southeast corner of the intersection of NC Highway 42 and Cornwallis Road SR 1525 , and allow the hours of operation to be 24 hours a day , 7 days a week Commissioner W Ray Woodall seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; 2 That the use of development appears to comply with all required use and intensity regulations of Articles II and IV of the Johnston County Land Development Code and the applicable specific standards in section 14 - 257 and with all applicable regulations ; 3 That the use or development is located , designed , and proposed to be operated so as to maintain or enhance the value of contiguous property , or that the use or development is a public necessity ;Page516 June 5 , 2006 - 6 00 pm Continued 4 That the use or development conforms with general plans for the physical development of the County’s Planning jurisdiction , the Design Manual , or other development policies as adopted by the Board of Commissioners ; and Special Conditions 1 Submission of a detailed site plan for review and approval by Planning and Zoning staff 2 Operating hours 24 hours a day , 7 seven days a week for a gas station convenience store 3 Freestanding Signage As allowed under Article IX in the Johnston County Land Development Code , as it pertains to General Business Zoning Districts ; No additional signage 4 Buffering Class B which requires three large trees , three small trees and twelve shrubs for every 100 linear feet along both road front property lines and Class B which requires three large trees , four small trees and twelve shrubs for every 100 linear feet along interior lot lines 5 All new buildings must comply with rules enforced by the following departments and or agencies NC Department of Transportation , Johnston County Building Inspections , Johnston County Public Utilities and Johnston County Environmental Health 6 Proposed access to NC 42 be moved as far east of the intersection as possible and be approved by DOT The Chairman opened the Rezoning Hearing for Case 06 - 06 Case 06 - 06 Petition to rezone from Agricultural Residential AR to Industrial - 1 Special Use District I1 - SUD the northernmost 056 acres of the 175 - acre tract located at 500 Wake County Line Road SR 1727 , which is approximately ¼ - mile east of the Wake County Line in O’Neals Township Tax ID 11M01005A Owner Applicant Ubaldo Garcia Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone from Agricultural Residential AR to Industrial - 1 Special Use District I1 - SUD the northernmost 056 acres of the 175 - acre tract located at 500 Wake County Line Road SR 1727 , which is approximately ¼ - mile east of the Wake County Line in O’Neals Township He noted the applicant is using a portion of the property for a contractor’s office and storage yard , which requires Industrial - 1 zoning versus the current Agricultural Residential zoning designation The applicant has cooperated with planning staff to submit the rezoning request and accompanying special use permit Mr Finn pointed out the applicant would need to acquire approximately an additional 10 ft of property for the building to meet required setbacks for Indistrial - 1 zoning Ubaldo Garcia , owner applicant , requested the Board’s approval of the rezoning request and accompanying special use permit He stated that when he purchased the property , he was unaware that his small contractor’s business would not be allowed on the property Mr Garcia emphasized that he would meet all the requirements of the proposed special use permit , and noted that he has already applied for a driveway permit through NC DOT He stated adjacent property owner Ray Driver has agreed to sell the additional property needed to meet the setback requirements Commissioner Wade M Stewart noted that people are not always afforded the opportunity to purchase additional property to meet setback requirements He asked what the process is for determining setback requirements Mr Finn stated that setback requirements are designated by the zoning classifications He noted the Planning Board recommended approval of the rezoning request for Case 06 - 06 There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 06 Decision on Rezoning Case 06 - 06 Case 06 - 06 Petition to rezone from Agricultural Residential AR to Industrial - 1 Special Use District I1 - SUD the northernmost 056 acres of the 175 - acre tract located at 500 Wake County Line Road SR 1727 , which is approximately ¼ - mile east of the Wake County Line in O’Neals Township Tax ID 11M01005A Owner Applicant Ubaldo Garcia Commissioner Wade M Stewart moved the Board approve rezoning case 06 - 06 , to rezone from Agricultural Residential AR to Industrial - 1 Special Use District I1 - SUD the northernmost 056 acres of the 175 - acre tract located at 500 Wake County Line Road SR 1727 , which is approximately ¼ - mile east of the Wake County Line in O’Neals Township Commissioner DeVan Barbour seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 06 - 06 Page517 June 5 , 2006 - 6 00 pm Continued Case 06 - 06 Permit to allow for a contractor’s office and storage yard Owner Applicant Ubaldo Garcia Those wishing to speak on Special Use Case 06 - 06 were sworn in by the Clerk to the Board Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is to allow for a contractor’s office and storage yard He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 06 - 6 on December 9 , 2005 At that time , the applicant was informed of the following • If approved , applicant must provide to the Planning Office a Site Plan for their review and approval • Applicant must comply with the requirement of the Johnston County Land Development Code regarding landscaping , buffering and fence or any additional requirements as approved by this Board • Applicant will be notified in writing of the Board’s decision • If denied , no application can be accepted for the same use affecting the same property for a period of twelve 12 months and that their right of appeal to the Superior Court must be exercised within thirty 30 days of the receipt of notice of denial by the Board of County Commissioners • Applicant’s Special Use Permit will expire at the end of twenty - four 24 months if it is not used as permitted within the time period • When necessary , staff informed the applicant of further Planning and Zoning Department requirements and the requirements of other departments such as soil erosion and sedimentation requirements , Health Department regulations , stormwater and public utility requirements • Subsequent to the pre - application consultation , all required notices were mailed to property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On April 18 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 6 and made the following recommendations Upon a motion by Mr Moore , seconded by Mr Byrd , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit request , Case 06 - 06 , based on and subject to the following findings of fact and special conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant The business and site will be maintained to promote the public health , safety , and general welfare Staff Once the driveway has been relocated and upgraded to commercial specifications , the site will 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 ; Applicant Used for the storage of materials for commercial uses , and will not be hazardous Space will be used for employee parking and parking of company trucks Staff There are no residences within 500 feet , so the property would be compatible with the neighborhood and , once rezoned , will be compatible with the Land Development Code 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 In places where the privacy fence does not exist , I will be buffering the site from adjacent properties Staff In order to maintain the value of adjoining properties , the site will be buffered with vegetative growth 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 The business and site used will abide by all policies of the Land Development Code and any conditions placed upon by the board Staff The development of the site will conform to all applicable Land Development Code requirements Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan including actual measurement of the setbacks for review and approval by the Planning and Zoning Department Staff 3 The existing building must be reinspected and brought up to current NC Commercial Code within six months 4 A commercial driveway permit must be obtained from NCDOT within six months 5 The driveway must be relocated to the other side of the power pole within six months 6 Installation of at least a Class C buffer along the proposed front rezoning line 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet within six months 7 Hours of operation 7 am until 8 pm - 7 days a week 8 No more than 10 vehicles parked on subject property at any one time 9 No outdoor storage of materials or tools is allowed 10 No retail sales , or walk - in traffic allowed on site 11 Signage shall have no lighting and must comply with the Sign Code PagePage pageNumber5518 June 5 , 2006 - 6 00 pm Continued Ubaldo Garcia , owner applicant , stated that he understands and agrees to meet the requirements of the special use permit He asked for the Board’s approval of the request Ray Driver , adjacent property owner , commented that he supports Mr Garcia’s request , and has agreed to sell the additional property needed to meet the setback requirements County Attorney Mark Payne noted in cases like this , the property owner could have leased additional property instead of buying , if the lease was to stay in effect for the duration of the permit Commissioner Allen L Mims , Jr stated , in his opinion , a purchase would always be preferable Mr Driver agreed with Commissioner Mims , and stated that he is prepared to sell the additional property Mr Finn noted the Planning Board recommended approval of the special use request for Case 06 - 06 There being no further comments , the Chairman recessed the Special Use Hearing for Case 06 - 06 Decision on Special Use Case 06 - 06 Case 06 - 06 Permit to allow for a contractor’s office and storage yard Owner Applicant Ubaldo Garcia Based on the following findings of fact , with special conditions attached and addition of Condition # 12 , Commissioner Allen L Mims , Jr moved the Board authorize the Planning Department to issue a special use permit to Owner Applicant Ubaldo Garcia to allow for a contractor’s office and storage yard at 500 Wake County Line Road in the O’Neals Township Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; The business and site will be maintained to promote the public health , safety , and general welfare Once the driveway has been relocated and upgraded to commercial specifications , the site will 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 ; Used for the storage of materials for commercial uses , and will not be hazardous Space will be used for employee parking and parking of company trucks There are no residences within 500 feet , so the property would be compatible with the neighborhood and , once rezoned , will be compatible with the Land Development Code 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 ; In places where the privacy fence does not exist , the Applicant will be buffering the site from adjacent properties In order to maintain the value of adjoining properties , the site will be buffered with vegetative growth 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 business and site used will abide by all policies of the Land Development Code and any conditions placed upon by the board The development of the site will conform to all applicable Land Development Code requirements Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of a detailed site plan including actual measurement of the setbacks for review and approval by the Planning and Zoning Department Staff 3 The existing building must be reinspected and brought up to current NC Commercial Code within six months 4 A commercial driveway permit must be obtained from NCDOT within six months 5 The driveway must be relocated to the other side of the power pole within six months 6 Installation of at least a Class C buffer along the proposed front rezoning line 3 large trees , 6 small trees , and 16 shrubs per 100 linear feet within six months 7 Hours of operation 7 am until 8 pm - 7 days a week 8 No more than 10 vehicles parked on subject property at any one time 9 No outdoor storage of materials or tools is allowed PagePage pageNumber6519 June 5 , 2006 - 6 00 pm Continued 10 No retail sales , or walk - in traffic allowed on site 11 Signage shall have no lighting and must comply with the Sign Code 12 By September 5 , 2006 , the Applicant must obtain sufficient property from neighbor in order to meet the setback requirements for Industrial - 1 Special Use District The Chairman reopened the Rezoning Hearing for Case 06 - 13 Case 06 - 13 Petition to rezone approximately 1 acre located at 9398 NC Hwy 50 North , just north of its intersection with South Pleasant Coats Drive , in Pleasant Grove Township from Agriculture Residential AR to Community Business Special Use District CB - SUD Tax ID 13D04087A Owner Betty Jean Faircloth Applicant Andrea Baggett Steven Finn , Planning and Zoning Director , identified the property on the GIS map , and noted this is a request to rezone approximately 1 acre located at 9398 NC Hwy 50 North , just north of its intersection with South Pleasant Coats Drive , in Pleasant Grove Township from Agriculture Residential AR to Community Business Special Use District CB - SUD The predominant zoning in the area is agricultural - residential , with some commercial properties to the south of the subject property Applicant Andrea Baggett addressed the Board , and stated that she would like to open a salon and day spa on the subject property She pointed out the tremendous growth and development in the area , and stated , in her opinion , this would be beneficial service to the community In response to a question from Commissioner Allen L Mims , Jr , she stated that NC DOT is not requiring a turn lane Mr Finn noted the Planning Board recommended approval of the rezoning request for Case 06 - 13 There being no further comments , the Chairman closed the Rezoning Hearing for Case 06 - 13 Decision on Rezoning Case 06 - 13 Case 06 - 13 Petition to rezone approximately 1 acre located at 9398 NC Hwy 50 North , just north of its intersection with South Pleasant Coats Drive , in Pleasant Grove Township from Agriculture Residential AR to Community Business Special Use District CB - SUD Tax ID 13D04087A Owner Betty Jean Faircloth Applicant Andrea Baggett Commissioner W Ray Woodall moved the Board approve rezoning case 06 - 13 , approximately 1 acre located at 9398 NC Hwy 50 North , just north of its intersection with South Pleasant Coats Drive , in Pleasant Grove Township from Agriculture Residential AR to Community Business Special Use District CB - SUD Commissioner Jeffrey P Carver seconded the motion , which carried by unanimous vote The Chairman reopened the Special Use Hearing for Case 06 - 13 Case 06 - 13 Permit to allow for a Salon and Day Spa with six certified cosmetologists , an esthetician , a nail technician , a massage therapist , and tanning beds Owner Betty Jean Faircloth Applicant Andrea Baggett Those wishing to speak on Special Use Case 06 - 13 were sworn in by the Clerk to the Board Planning and Zoning Director , Steven Finn , introduced the special use case , and stated the request is to allow for a Salon and Day Spa with six certified cosmetologists , an esthetician , a nail technician , a massage therapist , and tanning beds He introduced the following summary of evidence into the record A pre - application consultation was held with the applicant for Case 06 - 13 on February 28 , 2006 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 pageNumber7520 June 5 , 2006 - 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 property owners within 500 feet The property was posted and notices of public hearings were advertised in accordance with the requirements of the North Carolina General Statutes On April 18 , 2006 , the Johnston County Planning Board held a public hearing regarding Rezoning Special Use Permit Case 06 - 13 and made the following recommendations Upon a motion by Mr Browder , seconded by Mr Byrd , and carried by a unanimous vote of 8 - 0 , the Planning Board voted to recommend approval of the Special Use Permit , based on and subject to the following findings of facts and special conditions Finding of Facts for the Special Use Permit 1 That the use or development is located , designed , and proposed to be operated so as to maintain or promote the public health , safety , and general welfare ; Applicant This location will be great for a day spa due to the growth and development of the surrounding areas Staff This site will have relatively low level impact on the roads and the neighborhood , very comparable to what a residence would create 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 We plan to abide by county and state regulations so that we may provide a service helpful and beneficial to the public Staff This proposed Community Business zoning district is less intense than the current GB zoning districts near by and the nearness of the Interstate Highway Interchange District suggests that the proposed Rezoning and Special Use District would be compatible with the neighborhood and the Land Development Code 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 The design of the proposed development will enhance the surrounding area so as not to detract from the current property values The business should do well due to the growth of the area and that personal grooming is a necessity Staff The removal of the old mobile home on site , along with the clean - up and landscaping will enhance nearby property values 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 We plan to abide by all rules and regulations provided by the county and imposed by the boards Staff The proposed development of the site appears to comply with all policies and ordinance standards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of detailed site plan for review and approval by the Planning and Zoning Department Staff 3 ROW ownership must be clarified at detailed site plan review stage 4 Installation of at least a Class B buffer 3 large tress , 3 small tress , and 12 shrubs per 100 linear feet 5 Hours of operation Monday - Saturday from 8 am until 10 pm Closed on Sundays 6 Signage shall have no lighting and must comply with Article IX of the Land Development Code Applicant Andrea Baggett stated that she understands and agrees to the conditions of the special use permit Ms Baggett questioned whether she could display a sign illuminated by spotlight in front of the business In discussion the only restriction noted was that signage may have no “ internal ” lighting , ie , neon signs There being no further comments , the Chairman closed the Special Use Hearing for Case 06 - 13 Decision on Special Use Case 06 - 13 Case 06 - 13 Permit to allow for a Salon and Day Spa with six certified cosmetologists , an esthetician , a nail technician , a massage therapist , and tanning beds Owner Betty Jean Faircloth Applicant Andrea Baggett Based on the following findings of fact , with special conditions attached and amendment to Condition # 6 , Commissioner W Ray Woodall moved the Board authorize the Planning Department to issue a special use permit to Owner Betty Jean Faircloth and Applicant Andrea Baggett to allow for a Salon and Day Spa with six certified cosmetologists , an esthetician , a nail technician , a massage therapist , and tanning beds at 9398 NC Highway 50 North in the Pleasant Grove Township Commissioner Wade M Stewart seconded the motion , which carried by unanimous vote PagePage pageNumber8521 June 5 , 2006 - 6 00 pm Continued 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 location will be great for a day spa due to the growth and development of the surrounding areas This site will have relatively low level impact on the roads and the neighborhood , very comparable to what a residence would create 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 ; The Applicant plans to abide by county and state regulations so that she provides a service helpful and beneficial to the public This proposed Community Business zoning district is less intense than the current GB zoning districts near by and the nearness of the Interstate Highway Interchange District suggests that the proposed Rezoning and Special Use District would be compatible with the neighborhood and the Land Development Code 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 design of the proposed development will enhance the surrounding area so as not to detract from the current property values The business should do well due to the growth of the area and that personal grooming is a necessity The removal of the old mobile home on site , along with the clean - up and landscaping will enhance nearby property values 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 Applicant plans to abide by all rules and regulations provided by the county and imposed by the boards The proposed development of the site appears to comply with all policies and ordinance standards Special Use Conditions 1 The Special Use Permit shall expire with the violation of any Special Use Condition 2 Submission of detailed site plan for review and approval by the Planning and Zoning Department Staff 3 ROW ownership must be clarified at detailed site plan review stage 4 Installation of at least a Class B buffer 3 large tress , 3 small tress , and 12 shrubs per 100 linear feet 5 Hours of operation Monday - Saturday from 8 am until 10 pm Closed on Sundays 6 Signage shall have no internal lighting and must comply with Article IX of the Land Development Code 3 Call for Public Hearing Proposed Sign Ordinance Amendments It was the consensus of the Board to schedule a public hearing for the August 14 , 2006 6 00 pm board meeting to discuss proposed amendments to the County Code of Ordinances - Land Development Code - Sections 14 - 501 , 14 - 502 , 14 - 503 , 14 - 504 , 14 - 506 , 14 - 507 , 14 - 508 , 14 - 509 , 14 - 510 , and 14 - 514 regarding the County’s Sign Ordinance 4 Call for Public Hearing Proposed Developer Agreements It was the consensus of the Board to schedule a public hearing for the July 10 , 2006 6 00 pm board meeting to discuss proposed amendments to the County Code of Ordinances - addition of Sections 14 - 235 thru 14 - 247 regarding Development Agreements 5 Board Reports and Comments A Commissioner Mims ’ Concern Commissioner Allen L Mims , Jr requested that Steven Finn , Planning and Zoning Director , pass the information along to the real estate community to notify potential property buyers that all land in Johnston County has zoning restrictions B Request to Look at Case 04 - 05 Commissioner Allen L Mims , Jr requested that the Planning staff check into Case 04 - 05 , and the possible use of a portion of the property by Clayton EMS ; the current zoning classification would not allow this use C Rescheduled August Board MeetingPagePage pageNumber9522 June 5 , 2006 - 6 00 pm Continued th th It was the consensus of the Board to reschedule the August meetings from August 7 to August 14 at 1 00 pm and 6 00 pm There being no further business , Commissioner Jeffrey P Carver moved the Board adjourn Commissioner Tony Braswell seconded the motion , which carried by unanimous vote ____________________________ Cookie Pope , Chairman ____________________________ April N Byrd , Clerk to the BoardPage