STATE OF NORTH CAROLINA            )        OFFICE OF THE COMMISSIONERS

)        STOKES COUNTY GOVERNMENT

COUNTY OF STOKES                     )        DANBURY, NORTH CAROLINA

)        APRIL 1, 2003

 

Meeting Highlights

General Government-Governing Body-Pledge of Allegiance

PUBLIC COMMENTS

General Government-Planning &Community Development S&E Properties RA to RR-CU # 145

General Government-Planning &Community Development Outdoor Recreational Facility and Restaurant

General Government-Planning &Community Development Nauvoo Ridge L.L.C. RA to RE-CU & RA-CU # 147

General Government-Planning &Community Development River Ridge Run Campground

General Government – DSS Vacant Positions

General Government – Tax Administrator- Appointment -Term

General Government – Forsyth Technical Community College Government Center Complex

General Government- Governing Body-Request for Special Appropriation for Special Appropriation from General Assembly

General Government- Governing Body-Meeting with Board of Education

 

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, April 1, 2003

at 7:00 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. Clerk to the Board Darlene Bullins delivered the invocation.

 

GENERAL GOVERNMENT-GOVERNING BODY-PLEDGE OF ALLEGIANCE

 

Chairman McHugh opened the meeting by inviting the citizens in attendance to join the Board with the Pledge of Allegiance.

 

PUBLIC COMMENTS

 

There were no public comments.

 

GENERAL GOVERNMENT-PLANNING & COMMUNITY DEVELOPMENT

 

Chairman McHugh opened the Public Hearing for the following zoning issue:

 

S&E Properties RA to RR-CU # 145.

 

The following spoke in opposition to rezoning request-S&E Properties RA to RR-CU (opposes the subdivision-desires to

keep small community-subdivision will harm stream) (quiet community –will not improve the community)

 

Larry Joyce

1235 Joyce Mill Road

Westfield, NC  27053

 

Hubert Jessup

2770 Frans Road

Westfield, NC  27053

 

Ivey Lawson

1060 Lawson Lane

Mount Airy, NC  27030

 

Sabrina Cidden

Recently purchased land adjoining property

Kernersville, NC 

 

Ruth Jessup

1063 Raymond Jessup Road

Westfield, NC  27053

 

Alton Lawson

1105 Raymond Jessup Road

Westfield, NC  27053

 

Mary Simmons

2910 Asbury Road

Mount Airy, NC  27030

 

Amber Johnson

Mount Airy, NC  27030

 

 

The following spoke in favor of the rezoning request-S&E Properties RA to RR-CU:

 

Sarah Stevens

2161 Margaret Drive

Mount Airy, NC 27030

 

Ms. Stevens spoke in favor of the rezoning request.  Noted the 8-lot subdivision had been designed to not interfere with the

surrounding land.  She stated the deed restrictions had been expanded.  Ms. Stevens noted that only 3 lots were close to the

stream and each lot had an average acreage of more that 2.4 acres.  Ms. Stevens noted a miscommunication about the planning

board meeting and did not know of any opposition until today’s meeting.

 

Mr. David Sudderth, Planning Director, presented the request from Edwin Johnson & Sarah Stevens (site owner-S&E Properties)

to rezone approximately 12.444 acres from RA (Residential Agricultural) to RR-CU (Residential Restricted Conditional Use) for an

8-lot residential subdivision.

 

REQUEST:  Rezone approximately 12.444 acres from RA (Residential Agricultural) to RR-CU (Residential Restricted Conditional Use) for an

    8-lot residential subdivision.

SITE OWNER: S&E Properties

APPLICANT: Edwin Johnson & Sarah Stevens

SITE LOCATION:  The property is located on the east side of Asbury Rd. (SR# 1416) approximately 1.0 mile south of Asbury Rd. (SR# 1432)

Map: 5080                     Parcel: 3857        PIN #:     5080-00-19-3857

Deed Book: 473    Page: 641                      Township: Big Creek

SITE INFORMATION:

PARCEL SIZE: Total tract 12.444 acres.

ZONING DISTRICT: RA (Residential Agricultural)

PROPOSED DISTRICT: RR-CU (Residential Restricted Conditional Use) for an 8-lot subdivision.

            Proposed name of the development is “Edwin’s Folly”.

FLOOD HAZARD AREA: Not located in flood hazard area.                     

FIRM MAP #: 370362 0025 B         

FIRM MAP ZONE: Zone X - Area outside 500-year floodplain except along branch.

WATERSHED DISTRICT: N/A

SEPTIC/WATER APPROVAL: Richard Farris, RS Licensed Soil Scientist has evaluated the property for septic disposal. Individual septic

                               permits  would have to be issued by the Stokes County Health Dept. (Environmental Health Section).

SCHOOL DISTRICTS: Francisco Elementary, Piney Grove Middle, North Stokes High

EMERGENCY SERVICES: Westfield VFD, EMS - Station # 102 Lawsonville

EROSION CONTROL: Would be submitted prior to construction.

ACCESS: The proposed lots will have driveway access off of Asbury Rd. (SR# 1416). (NCDOT must approve driveway permits and

                any permits for new road construction for the subdivision).

SURROUNDING LAND USE: The subject property is surrounded by mixed residential and agricultural uses. The Asbury section of the county

                                           consists of rural low-density mixed development.

               

ISSUES TO CONSIDER:

·      Impact on surrounding development.

·      Compatibility of proposed housing to surrounding housing stock. (More stick-built homes than manufactured housing).

·      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 an 8-lot residential

subdivision that would allow stick-built, modular, and multi-sectional manufactured housing. The Board may talk about the request

in detail. The housing stock around the proposed site consists of (14) stick-built homes, (1) multi-sectional manufactured house, and (3)

singlewide manufactured housing units. These figures are taken from a visual survey of ½ mile along Asbury Rd. in both directions.

Lots 6 & 7 have a small pond located on the proposed property line. Under the Stokes County Subdivision Regulations, Article VI,

Section 6-8.1, any subdivision with an impoundment (i.e. lake, pond, etc.) would be required to install a dry hydrant and provide a

30 ft. wide easement for access. The Stokes County Fire Marshal’s office and the area Volunteer Fire Department would determine

the need for this dry hydrant and the ability of the impoundment to sustain it. The applicants requested residential zoning district is

(RR-CU) Residential Restricted Conditional Use. This district would permit all housing types except singlewide manufactured housing.

The predominant housing closest to this property is stick-built housing. The request for allowing multi-sectional manufactured housing

may be driven by the perceived market in the area. The Asbury area of the county does not see a lot of development request. The size

of the development is appropriate for the area and should not create an infrastructure problem if approved.

 

PLANNING BOARD RECOMMENDATION:  Mr. Sudderth presented the following Planning Board recommendations due to

the schedule having to deliver agendas before the Planning Board Meeting:

 

RECOMMENDATION: Planning Board voted 8 to 0 to deny the request.

 

COMMENTS:

Development would not pay for itself

Community did not want to see property developed, expressed desire for less density.

 

Recommended Conditions for S&E Properties RR-CU #145

 

1.     Adequate storm water facilities shall be provided for each lot, including the placement of a fifteen (15) inch reinforced concrete

drain tile under each driveway.

2.     All streets/drives be constructed as recommended by the North Carolina Department of Transportation and in compliance with

applicable design and construction standards, including grade and slope requirements, unless approved otherwise by the County.

3.     All required permits must be obtained from the County Inspections Department prior to placing structures on the property, as well

as any signage that may accompany the project.

4.     Street name and necessary safety and directional signs shall be installed at the developer’s expense, subject to the 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).

5.     If conflict arises between any conditions or the developer’s proposed site plan or written text, the most stringent conditions or

requirements shall be considered the governing requirement.

6.     All costs and expenses associated with complying with these conditions shall be borne by the landowner/developer, with no

expense being borne by the County.

7.     Upon written request by the County, evidence of compliance with any of these conditions shall be provided to the County

within ten (10) days after each request.

8.     The Rules and Regulations of the Developer, as modified by the developer at the prior hearing (s) on this request, shall not

be inconsistent with these conditions.  Any conflict between said Rules and Regulations shall be resolved in favor of these

conditions.

9.     If any of the conditions shall be found to be unreasonable, invalid or otherwise impermissible by a court of competent jurisdiction

then the County may impose such alternative reasonable conditions as it finds to be necessary and appropriate.

10.   If any of these conditions are not met or compiled with or the permit has not been exercised in or before one (1) year from

the granting of the permit, the permit shall become void and of no effect.

11.   If any of these conditions once met are not continuously maintained, the permit may be revoked by the County upon the failure

of the owner/developer to cure the deficiency in any specific condition within thirty (30) days after written notice to the

owner/developer of the specific failed condition.

12.   The lots approved shall not be further subdivided.

13.   Or any other condition that the Boards may deem necessary at the time the project is approved.

 

Mr. Sudderth noted the following concerning this rezoning;

§      If the request is denied, the developer could still develop 4 lots or less on a

      state maintained road without a subdivision approval.

§      All property owners that joined the requested property to be rezoned were mailed certified letters.  Only adjoining property owners received certified letters.

§      More individuals in opposition attended the Planning Board meeting

§      Can not deal with restrictive covenants

 

Commissioner Joe Turpin expressed concerns in resolving the rezoning issue to make the community happy and also allow

the landowner to develop the property.

 

Chairman McHugh moved to return the rezoning issue to the Planning Board scheduled  for Thursday, May 22, 2003 for their review. 

 

Commissioner Inman seconded and the motion carried unanimously.

 

David Hoskins RA to H-B-CU # 146

 

Chairman McHugh opened the Public Hearing for the following zoning issue:

 

David Hoskins RA to H-B-CU # 146.

 

The following spoke in favor of the rezoning request-David Hoskins RA to H-B-CU:

(good for tourism, need for more tourism, positive impact on community, no problems on

gravel road, employment opportunities, dedication to improve the surroundings of the river)

 

David Hoskins

1070 Southwyck Farm Road

Lawsonville, NC 27022

 

Mr. Hoskins presented handouts illustrating the river routes.  Mr. Hoskins also noted that  there would be no alcoholic beverages

sold on the premises.  Would also like to develop nature programs for the youth.  The business would be used for canoe & kayak

rental/sales and associated sporting goods with a snack bar/coffee shop. Would like to invite neighbors to serve on an advisory board.

Would have bathrooms for use by visitors using the Hanging Rock Park river access.

 

Brad Jennings

342 Green Holly Trail

Kernersville, NC

 

Cody Willard

1145 Cedar Falls Church Road

Westfield, NC  27053

 

Charles Kavanagh

Moores Spring Road

Westfield, NC  27053

 

The following spoke in opposition of the rezoning request-David Hoskins RA to H-B-CU:

(land is typically farming/residential use, natural preservation, dangerous gravel road, possible alcohol consummation on premises,

peaceful of neighborhood-does not need business, cemetery across the road, inconsistent with surrounding area-farming)

 

Sonja Hole

5506 Old Fox Trail

Greensboro, NC 

Ms. Hole submitted objections in writing, which included 43 signatures also opposing the rezoning. (Will be included with the minutes)

 

Elsie Hole

1312 Piedmont Spring Road

Westfield, NC  27053

 

 

Mr. David Sudderth, Planning Director, presented the request from David Hoskins  (applicant), Dianna B. Carl (site owner) to rezone

approximately 2.892 acres from RA  (Residential Agricultural) to H-B-CU (Highway Business Conditional Use) for an  “Outdoor

Recreational Facility and Snack Bar/Coffee Shop” (deleted Restaurant at the Planning  meeting to alleviate potential septic problems, etc.)

 

Outdoor Recreational Facility and Restaurant

                                             

REQUEST: Rezone approximately 2.892 acres from RA (Residential Agricultural) to H-B-CU (Highway Business Conditional Use) for an “Outdoor Recreational Facility and Restaurant”.      

SITE OWNER: Diana B. Carl (Applicant’s mother)

APPLICANT:  David Hoskins

SITE LOCATION: The property is located on the north side of Flinchum Rd. (SR# 1487) approximately .2 mile from NC Hwy 8 & 89.

Map: 6937                     Parcel: 6652        PIN #:     6937-00-37-6652                                  

Deed Book: 477    Page: 1209                     Township: Danbury

 

SITE INFORMATION:

PARCEL SIZE: Total tract 2.892 acres

ZONING DISTRICT: RA (Residential Agricultural)

PROPOSED DISTRICT: H-B-CU (Highway-Business Conditional Use)

FLOOD HAZARD AREA: Portion of property is located in flood hazard area.          

FIRM MAP #: 370362 0060 B         

FIRM MAP ZONE: Portion of property is located in Zone A, which is in a flood hazard area where no base flood elevations have been

determined. Other portions of property are located in Zone X – Areas determined to be outside the 500-year floodplain.

WATERSHED DISTRICT: No

WETLANDS: Ken Bridle has identified multiple areas on the parcel as wetland areas.

SEPTIC/WATER APPROVAL: Stokes County Environmental Health section.

SCHOOL DISTRICTS: N/A

EMERGENCY SERVICES: Danbury VFD, EMS - Station # 2 Lawsonville.

EROSION CONTROL: When construction begins, if necessary.

ACCESS: The proposed business will have driveway access off of Flinchum Rd. (SR# 1487) (NCDOT must approve a commercial

   driveway permit).         

SURROUNDING LAND USE: The subject property is located on Flinchum Rd., which is located in a sparsely developed area near

Danbury. The rear of the property borders the Dan River. There is a structure on the property that at one time was used as a restaurant.

Hanging Rock State Park’s canoe access is located .3 mile at the end of Flinchum Rd.  The surrounding land use consists of

(2) residences, cemetery, agricultural land and state park land. The closest H-B (Highway Business) district to the site is located

in Danbury.

 

ISSUES TO CONSIDER:

Impact on surrounding development.

Impact on community infrastructure, roads, public services etc.

Tax base increase due to commercial development.

Positive effect on tourism.

Proximity of property to flood plain and wetlands.

Proximity to Hanging Rock State Park’s river access.

Parking area

Environmental impact (i.e. wetlands)             

 

STAFF COMMENTS: The rezoning request comes to the Board as a conditional use-zoning district; you may discuss the

development plan in detail. The property has an existing structure located very close to the Dan River. This structure was

constructed in 1983 prior to flood plain development regulations. The building, which is elevated, has been used as a restaurant

and residence in the past. James Kallam, Building Inspections Department has advised Mr. Hoskins that any commercial use of the

structure will require evaluation by a structural engineer before any occupancy permit could be issued. Mr. Hoskins is having this done.

The septic system for this building was approved on June 28, 1983 for a sixty-seat restaurant. Based on the approximate location of the

flood zone line it appears that a large portion of the septic system is located in the flood zone. This could be a possible problem in the

future if the system were to fail. The property has limitations to additional construction based on its location adjacent to the Dan River.

However these same limiting factors of location can be considered a positive as to the proposed use of the property as a “Recreational

Outdoor Facility”. Mr. Hoskins is proposing to build a river access ramp next to the existing building, giving customers quick access to the

river. Mr. Hoskins proposed use of the structure for a restaurant would have to be approved by the Environmental Health section of the

Health Department for facilities and capacity of sewage disposal based on current health rules. Flinchum Rd. is a gravel dead end road

 that serves three structures and the Hanging Rock State Park river access. Even though the surrounding property is all residential or

state owned, this parcel has a past commercial history and the potential, based on the proposed use to be a viable commercial endeavor.

The conditional use aspect of the request would allow the Board the ability to regulate uses on the property and address any environmental

or neighborhood concerns that might arise.

 

PLANNING BOARD RECOMMENDATION:   Mr. Sudderth presented the following Planning Board recommendations due to the

schedule having to deliver agendas before the Planning Board Meeting:

 

PLANNING BOARD RECOMMENDATION: Planning Board voted 6 to 2 to approve the request.

 

Comments:

Trying to promote tourism in the county.

Canoeing is a positive thing for the county.

If this weren’t a good location (on the river) for a business like this, where would be a good location?

 

 

Chairman McHugh entertained a motion concerning the rezoning request from David Hoskins to rezone 2.892 acres from RA to H-B-CU (Highway Business Conditional  Use) for canoe/kayak rental & sales and associated sporting goods with a snack bar/coffee shop.

 

Commissioner Joe Turpin moved to approve the rezoning request from David Hoskins to rezone 2.892 acres from RA to H-B-CU

(Highway Business Conditional Use) for canoe/kayak rental & sales and associated sporting goods with a snack bar/coffee shop.

 

Vice Chairman John Turpin seconded the motion. 

 

Vice Chairman John Turpin questioned the possibility of the property being used for anything else other than the requested use

and the possibility of the sale of alcohol.  Mr. Sudderth stated that was why one reason items #12 &13 were included in the

conditions: use is for canoe/kayak rental & sales and associated sporting goods with a snack bar/coffee shop and no sale of

alcohol on the premises. 

 

The motion carried 4-1 with Vice Chairman John Turpin voting against the motion.

 

Mr. Sudderth requested the Board’s approval for conditional uses:

 

Recommended Conditions for David Hoskins H-B-CU #146

 

1.     All areas of parking should be located outside of the flood zone area as delineated on the site plan.

2.     No construction should take place in the delineated flood zone and areas designated wetlands as indicated on the site plan.

3.     NCDOT must approve a commercial driveway access for the site.

4.     Applicant shall adhere to all applicable Federal, State, and local laws.

5.     If any of these conditions are not met or compiled with or the permit has not been exercised in or before one (1) year from the

granting of the permit, the permit shall become void and of no effect.

6.     All required permits must be obtained from the County Inspections Department prior to placing structures on the property,

as well as any signage that may accompany the project.

7.     The structure shall post a visible lot number in a numbering scheme approved by the County to facilitate rapid emergency

response (E- 911).

8.     If conflict arises between any conditions or the developer’s proposed site plan or written text, the most stringent conditions or requirements shall be considered the governing requirement.

9.   All costs and expenses associated with complying with these conditions shall be borne by the landowner/developer, with no

expense being borne by the County.

Upon written request by the County, evidence of compliance with any of these conditions shall be provided to the County

within ten (10) days after each request.

10.  If any of the conditions shall be found to be unreasonable, invalid or otherwise impermissible by a court of competent

jurisdiction then the County may impose such alternative reasonable conditions as it finds to be necessary and appropriate.

11.   If any of these conditions once met are not continuously maintained, the permit may be revoked by the County upon the

failure of the owner/developer to cure the deficiency in any specific condition within thirty (30) days after written notice to the

 owner/developer of the specific failed condition.

12.   Use is for Canoe & Kayak Rental & Sales and associated sporting goods with a snack bar / coffee shop.

13.   No sale of alcohol on the premises.

14.   Operating hours from 6:00 a.m. to 7:30 p.m. (7) days a week.

15.   Additional lighting attached to building.

16.   All signage shall be developed in context with the park theme.

17.  Or any other condition that the Boards may deem necessary at the time the project is approved.

 

The Planning Board voted 8 to 0 to approve recommendation of the following conditions.

 

The applicant agreed to the stated conditions.

 

           The Board included the following to the Planning Board’s recommended conditions:

 

           #13 – add post signs on the premises concerning the consumption of alcohol

           #18 – Restrooms must left opened to public during business hours

 

Mr. Hoskins agreed to the additional conditions.

 

Mr. Sudderth requested the Board’s approval for conditional uses:

 

CONDITIONAL USES

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 the following:

 

1.     The requested use is listed among the conditional uses in the district for which application is made. (yes-unanimously)

2.     The requested use is essential or desirable to the public convenience or welfare.

(yes-unanimously)

3.     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-unanimously)

4.      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-unanimously)

5.     Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided

      (yes-unanimously)

6.     That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic

       congestion in the public streets.

      (yes-unanimously)

 

Chairman McHugh moved to approve the 18 conditions as stated by the Planning  Board and the Board of Commissioners.  

 

Commissioner Inman seconded and the motion carried unanimously.

 

 

Nauvoo Ridge L.L.C. RA to RE-CU & RA-CU # 147

 

Chairman McHugh opened the Public Hearing for the following zoning issue:

 

Nauvoo Ridge L.L.C. RA to RE-CU & RA-CU # 147.

 

 

The following spoke in favor of the rezoning request- Nauvoo Ridge L.L.C. RA to  RE-CU & RA-CU

(large tracts,  houses range from 1800 to 2400 square ft)

 

Harris B. Gupton

1080 Bountiful Lane

King, NC  27021

 

Mr. David Sudderth, Planning and Zoning Director, presented the request from Nauvoo Ridge LLC (applicant)

Wiley T. Culler and Betty C. Stock (site owners) to  rezone approximately 73.924 acres from RA (Residential

Agricultural) to RE-CU

 

(Residential Exclusive Conditional Use) for a 20-lot residential subdivision and one lot approximately 17.170 acres

to RA-CU (Residential Agricultural Conditional Use).

 

REQUEST: Rezone approximately 73.924 acres from RA (Residential Agricultural) to RE-CU (Residential Exclusive Conditional Use)

for a 20-lot residential subdivision and one lot approximately 17.170 acres to RA-CU (Residential Agricultural Conditional Use).

SITE OWNER: Wiley T. Culler & Betty C. Stock

APPLICANT: Nauvoo Ridge L.L.C.

SITE LOCATION: The property is located on Trinity Ch. Rd. (SR# 1102) approximately .2 mile west of Keiger Farm Rd. (SR# 1142).

Map: 598203 & 597204                  Parcel: 0773 & 3125                     PIN #: 5982-03-14-0773 &                                                5972-04-94-3125

Deed Book: 400 & 422       Page: 990 & 1387             Township: Yadkin

 

SITE INFORMATION:

PARCEL SIZE: Total tract 91.094 acres

ZONING DISTRICT: RA (Residential Agricultural)

PROPOSED DISTRICT: RE-CU (Residential Exclusive Conditional Use) for a 20-lot subdivision and one lot RA –CU

(Residential Agricultural Conditional Use) to remain the same as the property is currently zoned with conditions on future use of the property.

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 (Proposed lot sizes exceed minimum requirements for the WS-IV watershed).

SEPTIC/WATER APPROVAL: Richard Farris, RS Licensed Soil Scientist has evaluated the property for septic disposal. Individual septic permits will have to be issued by the Stokes County Health Dept. (Environmental Health Section).

SCHOOL DISTRICTS: King Elementary, Chestnut Grove Middle, West Stokes High  

EMERGENCY SERVICES: Pinnacle VFD, EMS - Station # 3 & 4 - Pinnacle.

EROSION CONTROL: Plan would be submitted prior to any road construction

ACCESS:  Access for all lots will be on newly created public road. 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). The predominate housing type within ½ mile of the site is stick-built homes. There were (19) stick-built homes, (2) multi-sectional manufactured homes, and (4) singlewide manufactured homes. 

 

ISSUES TO CONSIDER:

·      Consistency with surrounding housing types.

·      Impact on community infrastructure, schools, roads, public services etc.

·      Effect on tax base verses cost of public services.

           

STAFF COMMENTS: This rezoning request comes to the Board as a request for a conditional use rezoning for a 20-lot residential subdivision to be rezoned for RE –CU (Residential Exclusive) that would allow stick built and modular housing. One lot being served

by the proposed road is to be retained by the developers. The 17.170-acre tract is being proposed to remain as agricultural use, thus

the reason for the request for the RA-CU (Residential Agricultural Conditional Use) zoning district. The tract has marginal soils and is

not considered a good lot for development. This lot must be included in the request because it will utilize the same road as the rest of

the proposed development. Staff recommendation would be to limit any future development of this tract to the same housing stock as

is being proposed for the remainder of the development.  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 property will be served by

a paved road constructed to state standards and will be dedicated to the state for inclusion into the state road system. The planning

staff has no problem with the basic design of the subdivision or the proposed housing requested.

 

PLANNING BOARD RECOMMENDATION: Mr. Sudderth presented the following Planning Board recommendations due to the schedule having to deliver agendas before the Planning Board Meeting:

 

 

PLANNING BOARD RECOMMENDATION: Planning Board voted 8 to 0 to approve the request.

 

Comments:

Development would pay for itself.

Housing type appropriate for the area.

 

Vice Chairman John Turpin questioned a possible easement or right of way on lot #14.  Mr. Gupton stated that piece of property was owned by Ms. Stock and would be retained by her.

 

The following question easements pertaining to the property:

 

Ernest Cook

1045 Bradford Lane

Tobaccoville, NC  27050

 

Mr. Sudderth stated that lot #14 shall have no other access other than Nauvoo Ridge the State Rd and be included as a condition.

 

Chairman McHugh moved to entertain a motion concerning the rezoning for Nauvoo Ridge L.L.C. RA to RE-CU & RA-CU.

 

Commissioner Mabe moved to approve the request from Nauvoo Ridge LLC to rezone approximately 73.924 acres from

RA (Residential Agricultural) to RE-CU (Residential Exclusive Conditional Use) for a 20-lot residential subdivision and one

lot  approximately 17.170 acres to RA-CU (Residential Agricultural Conditional Use).

 

Commissioner Joe Turpin seconded and the motion carried unanimously.

 

Mr. Sudderth requested the Board’s approval for conditional uses:

 

Recommended Conditions for Nauvoo Ridge L.L.C.  RE-CU #147

 

1.     Adequate storm water facilities shall be provided for each lot, including the placement of a fifteen (15) inch reinforced concrete drain tile under each driveway.

2.     All streets/drives, driveway connections shall be constructed as recommended by the North Carolina Department of Transportation and in compliance with applicable design and construction standards, including grade and slope requirements, unless approved otherwise by the County.

3.     All required permits must be obtained from the County Inspections Department prior to placing structures on the property, as well as any signage that may accompany the project.

4.     Street name and necessary safety and directional signs shall be installed at the developer’s expense, subject to the 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).

5.     If conflict arises between any conditions or the developer’s proposed site plan or written text, the most stringent conditions or requirements shall be considered the governing requirement.

6.     All costs and expenses associated with complying with these conditions shall be borne by the landowner/developer, with no expense being borne by the County.

7.     Upon written request by the County, evidence of compliance with any of these conditions shall be provided to the County within ten (10) days after each request.

8.     The Rules and Regulations of the Developer, as modified by the developer at the prior hearing (s) on this request, shall not be inconsistent with these conditions.  Any conflict between said Rules and Regulations shall be resolved in favor of these conditions.

9.     If any of the conditions shall be found to be unreasonable, invalid or otherwise impermissible by a court of competent jurisdiction then the County may impose such alternative reasonable conditions as it finds to be necessary and appropriate.

10.   If any of these conditions are not met or compiled with or the permit has not been exercised in or before one (1) year from the granting of the permit, the permit shall become void and of no effect.

11.   If any of these conditions once met are not continuously maintained, the permit may be revoked by the County upon the failure of the owner/developer to cure the deficiency in any specific condition within thirty (30) days after written notice to the owner/developer of the specific failed condition.

12.   The lots approved shall not be further subdivided.

13.   Lot (17.170 acres) proposed for RA-CU zoning district shall be required to follow the same rules of the subdivision concerning housing type, which would limit housing to modular or stick-built housing only.

14.   Or any other condition that the Boards may deem necessary at the time the project is approved.

 

The Planning Board voted 8 to 0 to approve recommendation of the following conditions.

 

The applicant agreed to the stated conditions.

 

The Board included in the Planning Board‘s recommended conditions:

 

#15.  Lot 14 shall have no other access other than Nauvoo Ridge-the State Road.

 

The applicant agreed to the stated conditions with addition of #15.

 

Mr. Sudderth requested the Board’s approval for conditional uses:

 

CONDITIONAL USES

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 the following:

 

1.     The requested use is listed among the conditional uses in the district for which application is made. (yes-unanimously)

2.     The requested use is essential or desirable to the public convenience or welfare.

(yes-unanimously)

3.     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-unanimously)

4.     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-unanimously)

5.     Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided

      (yes-unanimously)

6.     That adequate measures have been or will be taken to provide ingress and egress so     

            designed as to minimize traffic congestion in the public streets.

      (yes-unanimously)

 

Commissioner Inman moved to approve the 15 conditions as stated by the Planning  Board and the Board of Commissioners.

 

Commissioner Mabe seconded and the motion carried unanimously.

 

River Ridge Run Campground

 

Mr. Sudderth requested the Board’s guidance concerning the River Ridge Run Campground, which had been required to be reviewed

by the Board.  A note was left to inform the proprietors that the issue would be discussed at the meeting on April 1st.

 

Mr. Sudderth explained that the conditions were not being met such as only 8 campsites, bathroom issues, etc. 

Campsites are being used in Phase II, which is not supposed to be in operation.

 

Mr. Sudderth recommended that River Ridge Run Campground not be allowed to be opened until conditions are reviewed and approved

by the Board.

 

Chairman McHugh moved to serve River Ridge Run Campground notice by certified mail that they will be reviewed at the next

Commissioners’ Planning meeting (June 2003) and if they do not appear, they will be in violation. 

 

Commissioner Joe Turpin seconded and the motion carried unanimously.

          

 

GENERAL GOVERNMENT – DSS VACANT POSITIONS

 

Chairman McHugh moved to unfreeze the following vacant position at DSS:

 

           Income Maintenance Caseworker II – Food Stamps

           Income Maintenance Caseworker II – Medical & Child Services

           Social Worker III – CPS

           Income Maintenance Supervisor I - Medicaid

 

Commissioner Inman seconded and the motion carried 4-1 with Vice Chairman John Turpin voting against the motion.

 

GENERAL GOVERNMENT – TAX ADMINISTRATOR- APPOINTMENT -TERM

 

County Manager Craig Greer requested the approval for the recent tax administrator to be appointed for a two-year term and the

salary at the minimum grade ($41,246).

 

Chairman McHugh moved to approve the term for Tax Administrator Wren Carmichael to be a 2- year term with the salary at the

minimum grade. 

 

Commissioner Joe Turpin seconded and the motion carried unanimously.

 

GENERAL GOVERNMENT – FORSYTH TECHNICAL COMMUNITY COLLEGE GOVERNMENT CENTER COMPLEX

 

County Manager Greer requested guidance from the Board concerning specific responsibilities pertaining to Forsyth Technical Community College occupying space in Government Center.

 

The following motions were made pertaining to the FTCC occupying parts of the first floor of the Government Center for classroom

space, a computer lab, and office.

 

Chairman McHugh moved to approve FTCC will occupy the old Tax Listing/ Mapping areas. 

 

Vice Chairman John Turpin seconded and the motion carried unanimously.

 

Chairman McHugh moved to approve FTCC will occupy the old Tax Collections area with the condition that they will not occupy the current space being used by the Explorers.  

 

Commissioner Joe Turpin seconded and the motion carried unanimously.

 

Chairman McHugh moved to approve the County will be responsible for demolition of the partition wall in the vault of the Listing office.

 

Vice Chairman John Turpin seconded and the motion carried unanimously.

 

Chairman McHugh moved to approve that the County will not provide new carpet to the Listing office (est.$1300); will not provide

new carpet to the Listing vault area  (est. $1300); and will not provide new carpet to Collections area (est. $1300). 

 

Commissioner Inman seconded and the motion carried unanimously.

 

Chairman McHugh moved to approve the County will not provide 4 new circuits and  pay for electrical upgrades. 

 

Commissioner Inman seconded and the motion carried unanimously.

 

Chairman McHugh moved to approve the County will pay the telephone bill for one  telephone line for FTCC. 

 

Vice Chairman John Turpin seconded and the motion carried 4-1 with Commissioner Joe Turpin voting against the motion.

 

Chairman McHugh moved to approve FTCC will provide telephone sets. 

 

Commissioner Joe Turpin seconded and the motion carried unanimously.  

 

Chairman McHugh moved to approve FTCC will provide Modem/Internet service and pay the monthly bills. 

 

Commissioner Joe Turpin seconded and the motion carried unanimously.

 

Chairman McHugh moved to approve FTCC will be allowed to erect signs in the building and on the street using county property

according to recommendations of the maintenance department.

 

Vice Chairman John Turpin seconded and the motion carried unanimously.

 

The Board unanimously agreed to give the maintenance department 30 days for the County’s part to be completed in the renovation project.

 

GENERAL GOVERNMENT- GOVERNING BODY-REQUEST FOR SPECIAL APPROPRIATION FROM GENERAL ASSEMBLY

 

County Manager Greer submitted the requested letter for special appropriation from the General Assembly which will be sent

to Senator Garwood and Representative Baker.

 

Commissioner Joe Turpin moved to approve the submitted letter for submission to Senator Garwood and Representative Baker. 

 

Commissioner Mabe seconded and the motion carried unanimously.

 

 

GENERAL GOVERNMENT- GOVERNING BODY-MEETING WITH BOARD OF EDUCATION

 

County Manager Greer informed the Board of a request from the Board of Education for presentation of “No Child Left Behind” at the

next meeting.

 

Chairman McHugh noted this would need to be advertised if not included in the regular agenda time. 

Further discussion for a definite date will be decided at the April 14th meeting.

 

 

There being no further business to come before the Board, Commissioner Inman moved to adjourn meeting. 

 

Commissioner Joe Turpin seconded and the motion carried unanimously.

 

 

 

 

_________________________                                  _____________________________

Darlene Bullins                                                         Sandy McHugh

Clerk to the Board                                          Chairman