STATE
OF NORTH CAROLINA ) OFFICE OF THE
COMMISSIONERS
) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) DECEMBER 3, 2002
The Board of Commissioners of the County of Stokes, State of
North Carolina, met in regular session
(planning) in the Council Chambers of the Administrative Building, located in Danbury, North Carolina, on
Tuesday, December 3, 2002, at 6:00 pm with the
following members present:
Chairman
Sandy McHugh
Vice-Chairman
John Turpin
Commissioner
Howard Mabe
Commissioner
Leon Inman
Commissioner
Joe Turpin
Craig
Greer, County Manager
Darlene
Bullins, Clerk to the Board
Chairman McHugh called the meeting to order
PLANNING & COMMUNITY DEVELOPMENT
Mr. David Sudderth, Planning and Zoning Director, presented
the request from Donnie Bowman
(applicant),
Lucille K. Wall Estate (site owner) to rezone
approximately 12.83 acres from RA
(Residential Agricultural) to RE-CU (Residential Exclusive Conditional Use) for
a 6-lot residential subdivision.
Donnie Bowman / Lucille K. Wall
Est. RA to RE-CU # 141
REQUEST:
Rezone approximately 12.83 acres from RA (Residential Agricultural) to RE-CU
(Residential Exclusive Conditional Use) for a 6-lot residential subdivision.
SITE OWNER:
Lucille K. Wall Estate
APPLICANT:
Donnie Bowman
SITE LOCATION:
The property is located on E. Old Phillips Rd. (SR#1143) approximately .2 mile from
Perch Rd. (SR# 1147) next to Pinnacle Baptist Ch.
Map: 597308 Parcel:
6011 PIN
#: 5973-08-89-6011 Deed Book: 328 Page: 1272 Township:
Yadkin
SITE INFORMATION:
PARCEL
SIZE: Total
tract 12.83 acres
ZONING
DISTRICT: RA
(Residential Agricultural)
PROPOSED
DISTRICT: RE-CU
(Residential Exclusive Conditional Use) for a 6-lot subdivision.
FLOOD
HAZARD AREA: Not
located in flood hazard area.
FIRM MAP #: 370362 0125 B
FIRM MAP
ZONE: Zone X -
Area outside 500-year floodplain.
WATERSHED
DISTRICT: WS-IV, Yadkin River –King intake
SEPTIC/WATER
APPROVAL: Mr. Joseph A. Hinton a licensed soil scientist has evaluated
the site for septic disposal. This report was prepared in August 2002.
Individual septic permits will have to be issued by the Stokes County Health
Dept. (Environmental Health Section). Public water from the King water system
is available in the area.
SCHOOL
DISTRICTS: Pinnacle
Elementary, Chestnut Grove Middle, West Stokes High
EMERGENCY
SERVICES: Pinnacle
VFD, EMS - Station # 3 & 4 - Pinnacle.
EROSION
CONTROL: Plan would
be submitted at permitting phase if required.
ACCESS: Access for
all lots will be on E. Old Phillips Rd. (SR# 1143) NCDOT will have to approve
all driveway access.
SURROUNDING
LAND USE: The subject property is currently vacant. The
surrounding property is zoned RA (Residential Agricultural). Pinnacle Baptist
Church is located to the north of the property. Savage Acres (P.B. 4 –Page 36)
a stick-built residential subdivision is located to the east and directly
across the road. The parcel located to
the west and south is owned by Geneva Kellam and is currently vacant.
ISSUES TO
CONSIDER:
·
Consistency with surrounding housing types.
·
Impact on community infrastructure, schools, roads, public
services etc.
·
Increase in tax base.
STAFF
COMMENTS: This rezoning request comes to the Board as a request
for a conditional use rezoning for a 6-lot residential subdivision to be
rezoned for RE –CU (Residential Exclusive) that would allow stick built and
modular housing. The Board may discuss the development plan in detail. The
addition of stick-built homes in this area will be consistent with the
immediate surrounding property development. The planning staff has no problem
with this request.
PLANNING BOARD RECOMMENDATION: The Planning Board voted 7 to 0 to approve
the rezoning request and then voted 7 to 0 to approve the Conditional Use
permit for the (6) lot subdivision with the conditions as listed below.
Mr. Sudderth
noted that there were two calls concerning this rezoning request :
(1)
Representative of Geneva Kallam property called from out of
state indicating that she would be sending something to the Planning Department
concerning opposition to any development in the area. Calls to the representative were returned with no response and no
information was received by the Planning Department.
(2)
Ms. Linda Jones was concerned about any the development
along the road-
did not
want to see a mobile home park.
*No one
showed up in opposition at the Planning Board meeting
Chairman McHugh entertained a motion to approve the rezoning
request –RA to RE-CU.
Commissioner Mabe moved to approve the request from Donnie
Bowman (applicant), Lucille K. Wall Estate (site owner)
to rezone approximately 12.83 acres from RA (Residential
Agricultural) to RE-CU (Residential Exclusive Conditional Use)
for a 6-lot
residential subdivision.
Commissioner Joe Turpin seconded the motion.
Commissioner Inman requested Mr. Donnie Bowman to verify
that Stokes Reality and Auction had no interest in this property
due to Commissioner Inman being a realtor for this company. Mr. Bowman confirmed that Stokes Reality and Auction had no
interest in this
property.
The motion to rezone from RA to RE-CU carried unanimously.
property,
as well as any signage that may accompany the project.
names and sign hardware meeting County
specifications. Each dwelling unit
shall also have a visible lot number in a
numbering scheme approved by the County to
facilitate rapid emergency response (E- 911).
conditions
or requirements shall be considered the governing requirement.
with no
expense being borne by the County.
shall not
be inconsistent with these conditions.
Any conflict between said Rules and Regulations shall be resolved in
favor of
these conditions.
from the granting of the permit, the permit shall
become void and of no effect.
the owner/developer of the specific failed
condition.
Mr. Bowman agreed to all recommended conditions.
Mr. Sudderth presented the Granting Conditional Use Permit:
GRANTING CONDITIONAL USE PERMITS
Donnie Bowman / Lucille K. Wall Est. RA to RE-CU # 141
The responsible body shall approve, modify, or
deny the application for conditional use following the public hearing. In granting a conditional use, the
responsible body shall insure:
(a) The
requested use is listed among the conditional uses in the district for which
application is made. Yes (5-0).
(b) The
requested use is essential or desirable to the public convenience or
welfare. Yes (5-0)
(c) The
requested use will not impair the integrity or character of the surrounding or
adjoining districts, nor be
detrimental to the health, morals, or
welfare. Yes (5-0)
(d) Due
consideration has been given to the suitability of the property for the use
applied for with respect to trends
of growth or change; the effect of the
proposed use upon the community; requirements for transportation,
schools, parks, playgrounds,
recreational area, conservation of natural resources, preservation of
floodplains,
and encouraging the most appropriate
use of the land. Yes
(5-0)
(e) Adequate
utilities, access roads, drainage, sanitation and/or other necessary facilities
have been or are
being
provided. Yes
(5-0)
(f) That adequate measures have been or will
be taken to provide ingress and egress so as to minimize traffic
congestion in the public streets. Yes (5-0)
_____________________________ _____________________
Chairman,
Board of Commissioners Clerk
to the Board
Chairman McHugh entertained a motion to approve the
Conditional Use Permit for Donnie Bowman RE-CU.
Commissioner Inman moved to approve the Conditional Use
Permit for Donnie Bowman RE-CU.
Commissioner Mabe seconded and the motion carried
unanimously.
Mr. David Sudderth, Planning and Zoning Director, presented
the request from Darrell M. Boyd Sr.
(applicant & site owner)
to rezone approximately 4.5 acres from RA (Residential
Agricultural) to RE-CU (Residential Restricted Conditional Use)
for a 6-lot
residential subdivision. The applicant changed his request to RE-CU
(Residential Exclusive) at the Planning Board
meeting. The original request was for RR-CU (Residential
Restricted).
REQUEST: Rezone
approximately 4.5 acres from RA (Residential Agricultural) to RE-CU
(Residential Restricted Conditional Use) for a 6-lot residential subdivision.
The applicant changed his request to RE-CU (Residential Exclusive) at the
Planning Board meeting. The original request was for RR-CU (Residential
Restricted).
SITE OWNER:
Darrell M. Boyd Sr.
APPLICANT: Darrell M. Boyd Sr.
SITE LOCATION: The property is located on the
west side of NC Hwy 772 approximately .3 mile south of Hickory Fork Rd.
(SR# 1722)
Map: 6975 Parcel: 7450 PIN #: 6975-00-78-7450 Deed
Book: 469 Page: 887 Township:
Beaver Island
SITE INFORMATION:
PARCEL
SIZE: Total
tract 25.05 acres
REQUESTED REZONING: 4.5 acres
ZONING
DISTRICT: RA
(Residential Agricultural)
PROPOSED
DISTRICT: RE-CU
(Residential Restricted Conditional Use) for a 6-lot subdivision.
FLOOD
HAZARD AREA: Not
located in flood hazard area.
FIRM MAP #: 370362 0100 B
FIRM MAP
ZONE: Zone X -
Area outside 500-year floodplain.
WATERSHED
DISTRICT: N/A
SEPTIC/WATER
APPROVAL: Mr. Joseph
A. Hinton a licensed soil scientist has evaluated the site for septic disposal.
This report
was prepared in May
2002. Individual septic permits will have to be issued by the Stokes County
Health Dept. (Environmental Health Section).
SCHOOL
DISTRICTS: Pine Hall,
Southeastern Middle, South Stokes High
EMERGENCY
SERVICES: Stokes
Rockingham VFD, EMS - Station # 2 Walnut Cove.
EROSION
CONTROL: Would be
submitted prior to construction if required.
ACCESS: Two of the proposed lots will have driveway access off of NC
Hwy 772. The remaining four lots would be accessed
off of a road that will have to be paved. This road must be
constructed and paved to meet NCDOT standards. (NCDOT must
approve driveway permits and permits for new road
construction for the subdivision).
SURROUNDING
LAND USE: The
subject property is currently vacant. There are mixed residential uses and
scattered commercial uses along NC Hwy 772.
ISSUES TO
CONSIDER:
·
Impact and consistency with surrounding development.
·
Compatibility of proposed housing to surrounding housing
stock.
·
Impact on community infrastructure, schools, roads, public
services etc.
·
Effect on tax base.
STAFF
COMMENTS: This
rezoning request comes to the Board as a request for a conditional use rezoning
for a 6-lot residential subdivision that would allow only stick-built and
modular housing. The Board may talk about the request in detail. The immediate
area around the proposed site consists of mixed residential development and one
commercial establishment, (Country Cupboard). On NC Hwy 772 within (1) mile of
the proposed site there are (18) houses, (3) doublewide mobile homes, and (10)
singlewide
mobile homes. The applicant has indicated that he intends to
develop the remaining portion of the property at a later date. The planning
staff does not see any major problems with the request based on the location of
the property and the requested use.
PLANNING BOARD RECOMMENDATION: The Planning Board at the request
of the applicant allowed the request to be amended
to RE-CU (Residential Exclusive) from the original request
of RR-CU (Residential Restricted). The Board voted 7 to 0 to approve
the rezoning request and then voted 7 to 0 to approve the
Conditional Use permit for the (6) lot subdivision with the conditions as
listed below.
Mr. Sudderth noted that there were concerns from Marion
& Marty James, but had neither had no further concerns since the
upgrade to RE-CU from the original request of RR-CU.
Chairman McHugh entertained a motion to approve the rezoning
request –RA to RE-CU.
Commissioner Mabe moved to approve the request from Darrell
M. Boyd Sr. (applicant & site
owner) to rezone approximately
4.5 acres from RA (Residential Agricultural) to RE-CU (Residential Restricted Conditional Use)
for a 6-lot residential subdivision.
Vice-Chairman John Turpin seconded the motion.
Commissioner Inman requested Mr. Darrell M. Boyd Sr. to
verify that Stokes Reality and Auction had no interest in this property
due to Commissioner Inman being a realtor for this company. Mr. Boyd confirmed that Stokes Reality and Auction had no
interest in this property.
The motion to rezone from RA to RE-CU carried unanimously.
property,
as well as any signage that may accompany the project.
names and
sign hardware meeting County specifications.
Each dwelling unit shall also have a visible lot number in a
numbering
scheme approved by the County to facilitate rapid emergency response (E- 911).
conditions
or requirements shall be considered the governing requirement.
with no
expense being borne by the County.
shall not
be inconsistent with these conditions.
Any conflict between said Rules and Regulations shall be resolved in
favor of these conditions.
appropriate.
year from
the granting of the permit, the permit shall become void and of no effect.
to the owner/developer of the specific failed
condition.
Mr. Boyd agreed to the recommended conditions.
GRANTING CONDITIONAL USE PERMITS
The responsible body shall approve, modify, or
deny the application for conditional use following the public hearing.
In granting a conditional use, the
responsible body shall insure:
(a) The
requested use is listed among the conditional uses in the district for which
application is made. Yes (5-0).
(b) The
requested use is essential or desirable to the public convenience or
welfare. Yes (5-0)
(c) The
requested use will not impair the integrity or character of the surrounding or
adjoining districts, nor be
detrimental to the health, morals, or welfare. Yes (5-0)
(d) Due
consideration has been given to the suitability of the property for the use
applied for with respect to trends
of
growth or change; the effect of the proposed use upon the community;
requirements for transportation,
schools, parks, playgrounds, recreational area, conservation of natural resources, preservation of
floodplains,
and
encouraging the most appropriate use of the land. Yes (5-0)
(e) Adequate
utilities, access roads, drainage, sanitation and/or other necessary facilities
have been or are
being
provided.
Yes (5-0)
(f) That adequate measures have been or will
be taken to provide ingress and egress so as to minimize traffic
congestion in the public streets. Yes (5-0)
_____________________________ _____________________
Chairman,
Board of Commissioners Clerk
to the Board
Chairman McHugh entertained a motion to approve the
Conditional Use Permit for Darrell M.
Boyd Sr. - RE-CU.
Commissioner Joe Turpin moved to approve the Conditional Use
Permit for Darrell M. Boyd, Sr. -
RE-CU.
Commissioner Inman seconded and the motion carried unanimously.
Mr. David Sudderth, Planning and Zoning Director, presented
the request from Junior Building Corp
(V.L. DeHart-agent)
(applicant), Junior Building Corp. (site owner) to rezone approximately 4.28 acres from M-1-CU
(Light Manufacturing
Conditional Use) to
H-B (Highway Business).
REQUEST: Rezone
approximately 4.28 acres from M-1-CU (Light Manufacturing Conditional Use) to
H-B (Highway Business)
SITE OWNER: Junior Building Corp.
APPLICANT: Junior Building Corp. (V. L.
DeHart – agent)
SITE LOCATION: The
property is located at the corner of NC Hwy 8 and NC Hwy 89 intersection in the
Meadows community.
Map: 695501 Parcel(s): 5451 &
5525 PIN #: 6955-01-15-5451 / 6955-01-15-5525 Deed Book: 263 Page(s): 633 & 635 Township: Meadows
SITE INFORMATION:
PARCEL
SIZE: Total
tract – two parcels 4.28 acres
ZONING
DISTRICT: M-1-CU
(Light Manufacturing Conditional Use)
PROPOSED
DISTRICT: H-B (Highway-Business)
FLOOD
HAZARD AREA: Not
located in flood hazard area.
FIRM MAP #: 370362 0100 B
FIRM MAP
ZONE: Zone X -
Area outside 500-year floodplain.
WATERSHED
DISTRICT: No
SEPTIC/WATER
APPROVAL: Existing system, system must be
checked by Environmental Health section of Health Department.
SCHOOL
DISTRICTS: N/A
EMERGENCY
SERVICES: South
Stokes VFD, EMS - Station # 1 Walnut Cove.
EROSION
CONTROL: N/A.
ACCESS: The business has an existing driveway access off of
NC Hwy 8.
SURROUNDING
LAND USE: The
subject property is located at the NC Hwy 8 and NC Hwy 89 intersection. The
property is
surrounded by commercial and residential uses. The site was
originally zoned H-B (Highway Business) when the zoning
ordinance was created in 1983. On December 5, 1995 the
parcel was rezoned to M-1-CU (Light Manufacturing Conditional Use)
specifically for a machine shop. The machine shop has since
closed. The applicant rents this property for commercial uses and
is requesting the change due to the limitations of the M-1-CU
district to only manufacturing type activities. There are more
opportunities for the property to be leased for use under
the Highway-Business zoning district. The
closest other H-B (Highway
Business) districts to the site are located to the north and
east of the site across the road. Directly across NC Hwy 8 & 89 is Meadows
Self Storage. The commercial property directly across the road on NC Hwy 8 is
vacant. The property due south and
east of the site are zoned RA (Residential Agricultural).
ISSUES TO
CONSIDER:
·
Impact of changing zoning classification on surrounding
development.
·
Impact on community infrastructure, roads, public services
etc.
·
Consistency with present pattern of commercial development
in the area.
·
Potential increase in sales tax revenue from a retail
commercial site.
STAFF
COMMENTS: The Planning staff does not see a problem with the
request. This property has been used for commercial purposes since the zoning
ordinance was adopted in 1983. The original zoning of the property as a H-B
(Highway Business)
district attests to the viability of the site as commercial
retail property. There are mixed land
uses along NC Hwy 8 & 89. The rezoning of this parcel would be consistent
with the current commercial land use development in the area. Commercial zones
are located sporadically all the way from the town limits of
Danbury to the town limits of Walnut Cove.
The rezoning request
comes to the Board as a general use-zoning district. As
always, the Board should consider all the potential uses that are
associated with the general use H-B (Highway - Business)
district and no one particular use.
PLANNING BOARD RECOMMENDATION: The Planning Board voted 7 to 0 to table this
rezoning request. They did so in response to concerns from surrounding property
owners about the subject property. The applicant was not present at the meeting
to respond to the concerns of the neighbors or answer questions from the Board.
Mr. Sudderth noted that there were 10-12 individuals who
were very concerned over the noise,
traffic problems, occupants
being on the property before the rezoning was
approved/denied, and the type of business.
Mr. Sudderth reiterated the Planning Board’s decision to
table the rezoning request until information could be obtained from the
proposed tenants of the proposed repair shop.
The Board took no action.
RPO (Rural Planning Organization)
County Manager Craig Greer informed the Board of the vacant appointment
on the RPO.
Chairman McHugh requested the Clerk to obtain information
concerning the RPO for the Board before the appointment.
Chairman McHugh requested the Clerk to obtain the Animal
Control Ordinance for each member of the Board.
Chairman McHugh entertained a motion to deputize Jake Oakley
and Wren Carmicheal as Interim Tax Assessors/Collectors.
Commissioner Joe Turpin moved to deputize Jake Oakley and
Wren Carmicheal as Interim Tax Assessors/Collectors.
Vice Chairman John Turpin seconded and the motion carried
unanimously.
Chairman McHugh entertained a motion to create a snow date
(December 12, at 6:00 pm) if the
weather does not permit the
recessed meeting to be held on December 4th.
Vice Chairman John Turpin moved to create a snow date
(December 12, at 6:00 pm) if the
weather does not permit the
recessed meeting to be held on December 4th.
Commissioner Joe Turpin seconded and the motion carried
unanimously.
Chairman McHugh requested Mr. Sudderth to plan a joint
meeting in the future with the Planning Board and the Board of
Commissioners.
Mr. Sudderth inquired if the Commissioners’ Planning Meeting
would remain on the first Tuesday of
the month due to the recent change of schedule for the regular Board of
Commissioners’ meetings.
The Board unanimously agreed to continue to hold the Commissioners’
Planning Meeting on the first Tuesday of the month.
Chairman McHugh entertained a motion to schedule a meeting
outside of Danbury once every two months with the first meeting
in Collinstown and the second one being in Francisco.
Vice Chairman John Turpin moved to schedule a meeting
outside of Danbury once every two
months with the first meeting in
Collinstown and the second one being in Francisco.
Commissioner Joe Turpin seconded and the motion carried
unanimously.
There being no further business to come before the Board,
Commissioner Mabe moved to adjourn the meeting.
Commissioner Joe Turpin seconded and the motion carried
unanimously.
_________________________ _____________________________
Darlene
Bullins Sandy McHugh
Clerk to
the Board Chairman