) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) JUNE 7, 2005
The Board of Commissioners of the County of Stokes, State of North
Carolina, met in regular session (Planning) in the Council Chambers of the
Ronald Wilson Reagan Memorial Building (Administrative Building), located in
Danbury, North Carolina, on Tuesday, June 7, 2005 at 7:00 pm with the following
members present:
Chairman
John Turpin
Vice-Chairman
Leon Inman
Commissioner Sandy McHugh
Commissioner Joe Turpin
Commissioner
Jimmy Walker
County
Personnel in Attendance:
County
Manager Richard Morris
County
Attorney Jonathan Jordan
Clerk
to the Board Darlene Bullins
Planning
Director David Sudderth
Information
Technology Director Dianna Fulp
Information
Tech. Systems Analyst Matthew Robbins
Chairman John Turpin called the meeting to order.
Planning Director David Sudderth delivered the invocation.
Chairman John Turpin opened the meeting by inviting the citizens in
attendance to join the Board with the Pledge of
Allegiance.
Chairman John Turpin entertained a motion
to switch the order of the Zoning issues with the Rezoning Request #165- Vernon
Adams to be first.
Commissioner McHugh moved to approve the
motion to switch the order of the Zoning issues with the Rezoning Request #165-
Vernon Adams to be first.
Vice Chairman Inman seconded and the motion
carried unanimously.
Public Hearing
Rezoning Request #164 – Colonial Funeral
Homes & Chapel
Chairman John Turpin called the Public
Hearing for the Rezoning Requests to order.
There were no public comments.
Rezoning Request #164 – Colonial Funeral
Homes & Chapel
The following individuals spoke during the
Public Hearing:
Representative for Colonial Funeral Homes
PO Box 117
Madison, NC 27025
Mr. Dodson spoke on behalf of Colonial
Funeral. Mr. Dodson noted the need for
a funeral home in the Sandy Ridge and Lawsonville areas. Mr. Dodson requested the Board ratify the
decision of the Planning Board.
1045 Joe Scales Road
Sandy Ridge, NC 27046
Ms. Bowen spoke in opposition of the
placement of the funeral home. Ms.
Bowen requested that the funeral home be placed in the business district of
Sandy Ridge and not disturb the
beautiful pastoral view of the existing
property. Ms. Bowen also noted safety
concerns,
congestion associated with the existing
church located near the property, water runoff,
and the quality of life in the area. Ms. Bowen presented a 24-minute videotape
for Commissioners to view at a later date.
1425 Amos Ridge Road
Sandy Ridge, NC 27046
Ms. Amos spoke in opposition of the
placement of the funeral home. Ms. Amos
also
requested that the funeral home be placed
in the business district of Sandy Ridge.
Ms. Amos expressed concerns with the amount
of water usage, safety issues, and preservation of rural areas in the county.
Ms. Amos reiterated that she did not oppose the funeral home in the area, just
the particular site chosen.
Chairman John Turpin closed the Public
Hearing.
Planning Director David Sudderth presented
the request to rezone approximately
1.50 acres from M-1 (Light Manufacturing) to H-B (Highway Business), site owner and applicant Vernon A. Adams.
REQUEST: Rezone approximately 1.50 acres from
M-1 (Light Manufacturing) to
H-B
(Highway Business)
SITE OWNER: Vernon A.
Adams
APPLICANT: Vernon
A. Adams
SITE LOCATION: The property is located at 1351
Perch Rd. in Pinnacle.
Map:
593707 Parcel:
3518 PIN
#: 5937-07-78-3518
Deed
Book: 477 Pages: 590 Township: Yadkin
SITE INFORMATION:
PARCEL
SIZE: Total tract 1.50 acres
ZONING
DISTRICT: M-1 (Light Manufacturing)
PROPOSED
DISTRICT: H-B
FLOOD
HAZARD AREA: N/A.
FIRM
MAP #: 370362 0125B
FIRM
MAP ZONE: Property is located
in Zone X, area determined to be outside
the 500-year floodplain.
WATERSHED DISTRICT: WS-IV-
Yadkin River
SEPTIC/WATER
APPROVAL: Stokes County
Environmental Health section.
SCHOOL
DISTRICTS: N/A
EMERGENCY
SERVICES: Pinnacle VFD, EMS -
Station # 3 Pinnacle.
EROSION
CONTROL: When construction begins, if necessary.
ACCESS:
The existing business has a driveway access off of
Perch Rd. (SR# 1147) (NCDOT must approve any changes to the existing commercial
driveway permit).
SURROUNDING
LAND USE:
The subject property is located on Perch Rd., SR# 1147.
The closest H-B (Highway Business) district to the site is located
approximately .1 mile of the proposed site. .
ISSUES
TO CONSIDER:
·
Impact on surrounding development.
·
Impact on community infrastructure, roads,
public services etc.
·
Need of services provided.
·
Potential tax base increase due to
commercial development.
·
Consistency with surrounding development.
STAFF
COMMENTS:
The rezoning request comes to the Board as a general
use-zoning district; you may discuss the plan in general terms as it relates to
all the potential uses in the H-B (Highway Business) zoning district. Northend
Garage currently occupies the property, and has been there for many years. The
property was a part of the Lucille Wall Estate that was zoned M-1 (Light
Manufacturing) when the zoning ordinance took effect in 1983. Mr. Adams would like to establish another
business on the property, which would require a H-B (Highway Business) zoning
district. Environmental Health has issued an improvements permit for the new
proposed site. There are commercial H-B (Highway Business) and M-1 (Light
Manufacturing) districts adjacent to and across Perch Rd. from the site. The
Planning Department sees no problem with this proposal and it is consistent
with the zoning pattern in the area. Mr. Adams has agreed to clean up the
garage property and will comply with the guidelines as stated in the Stokes
County Zoning Ordinance.
PLANNING BOARD RECOMMENDATION: The Planning Board unanimously recommended
approval of the rezoning request. They stated that the change in classification
of the property from M-1 to H-B would be a good way to increase the commercial
development in the area.
Planning Director Sudderth noted that there
had been no calls concerning this Rezoning
Request.
Chairman John
Turpin entertained a motion to approve or reject the Request to Rezone
approximately 1.50 acres from M-1 (Light Manufacturing) to H-B (Highway
Business), site owner and applicant Vernon A. Adams.
Commissioner Joe Turpin moved to approve
the request to Rezone
approximately 1.50 acres from M-1 (Light Manufacturing) to H-B (Highway
Business), site owner and applicant Vernon A. Adams.
Commissioner
McHugh seconded and the motion carried unanimously.
Planning Director David Sudderth presented
the request to rezone approximately 2.816 acres from RA (Residential
Agricultural) to H-B-CU (Highway Business Conditional Use) for a “Funeral Home and Chapel ”, site owner and applicant
Lynwood H. Shelton.
REQUEST: Rezone approximately 2.816 acres
from RA (Residential Agricultural) to
H-B-CU (Highway Business Conditional Use) for a “Funeral Home and
Chapel ”.
SITE OWNER: Lynwood
H. Shelton
APPLICANT: Lynwood
H. Shelton
SITE LOCATION: The property is located on the
corner of NC Hwy 704 and Hope Beasley Rd. (SR# 1615) in Sandy Ridge area.
Map:
6060 Parcel:
portion of 1626 & 3858 PIN #: 6060-00-93-1626
6060-00-93-3858
Deed
Book: 320/310 Pages: 841/880
Township: Snow Creek
SITE INFORMATION:
PARCEL
SIZE: Total tract 2.816 acres
ZONING
DISTRICT: RA (Residential Agricultural)
PROPOSED
DISTRICT: H-B-CU (Highway-Business Conditional Use)
FLOOD
HAZARD AREA: N/A.
FIRM
MAP #: 370362 0050B
FIRM
MAP ZONE: Property is
located in Zone X, area determined to be outside
the 500-year floodplain.
WATERSHED DISTRICT: WS-IV-
Mayo River
SEPTIC/WATER
APPROVAL: Stokes County
Environmental Health section.
SCHOOL
DISTRICTS: N/A
EMERGENCY
SERVICES: Northeast Stokes VFD, EMS -
Station # 2 Lawsonville.
EROSION
CONTROL: When construction begins, if necessary.
ACCESS:
The proposed business will have driveway access off of
Hope Beasley Rd. (SR# 1615) (NCDOT must approve a commercial driveway permit).
SURROUNDING
LAND USE:
The subject property is located on the corner of Hope
Beasley Rd., SR# 1615 and NC Hwy 704.The closest H-B (Highway Business)
district to the site is located approximately 1.5 mile east of the proposed
site near the intersection of NC Hwy 704 and Delta Church Rd. .
ISSUES
TO CONSIDER:
·
Impact on surrounding development.
·
Consistency with surrounding development.
·
Impact on community infrastructure, roads,
public services etc.
·
Need of services provided.
·
Potential tax base increase due to
commercial development.
STAFF
COMMENTS:
The rezoning request comes to the Board as a
conditional use-zoning district; you may discuss the development plan of the
proposed “Funeral Home” in detail. NC Hwy 704 is a major thoroughfare in the
county and has mixed commercial and residential development throughout its
length. This pattern of mixed development is common throughout the major
thoroughfares of the county. The nearest (H-B) Highway Business commercial
development is located approximately 1.5 miles east of the property, Oscar
Wood’s garage and store, and Ronnie Amos’ Garage. Pinto’s Café is located
approximately 2.0 miles northwest of the proposed site on NC Hwy 704. Oak Ridge
Baptist Church is located less than .1 of a mile from the propose site. There
is residential and agricultural development adjacent to the site. The Oak Ridge
Baptist Cemetery is directly in front of the proposed site across Hope Beasley
Rd. The conditional use aspect of the
request would allow the Board the opportunity and ability to regulate uses on
the property and address any environmental or neighborhood concerns that might
arise if approved.
PLANNING BOARD RECOMMENDATION:
The
Planning Board voted unanimously to recommend approval of the rezoning request.
The Board stated that it was appropriate to locate commercial zones along the
major thoroughfares in the county. The Planning Board also unanimously
recommended approval of the Conditional Use permit along with the following
recommended conditions. Mr. Barry Dodson, representative of Colonial Funeral
Home and Chapel agreed to the proposed conditions.
Planning Director David Sudderth noted that
there were additional citizens who attended the Planning Board in opposition of
the rezoning request. Ms. Candace
Lawson spoke on behalf of her mother, Beatrice Priddy, who was unable to attend
who also opposes the rezoning request. (Ms. Priddy walks for exercise on Hope
Beasley Road). Family members of Ms.
Beatrice Priddy family reiterated concerns during the meeting opposing the
rezoning request.
The
Board discussed the following concerning the rezoning:
§
Access on Hope Beasley Road
§
Disposable of Hazardous materials
§
Erosion Control Plan
§
Safety issues
§
NCDOT - commercial driveway
§
Non profit status
§
Concerns of the citizens
§
Full service funeral home
§
Location of other commercial businesses in
the area
§
Congestion associated with Oak Ridge
Baptist Church
Commissioner McHugh moved to approve the
request to rezone approximately 2.816 acres from RA (Residential Agricultural)
to H-B-CU (Highway Business Conditional Use) for a “Funeral Home and Chapel ”
site owner and applicant Lynwood H. Shelton and require an erosion control plan
to insure that there is no water runoff.
Commissioner Joe
Turpin seconded the motion.
The Board
discussed the requirement of an erosion control plan.
Commissioner
McHugh withdrew the requirement of an erosion plan to insure that there is no
water runoff from her motion.
Commissioner Joe
Turpin withdrew his second from the motion for the requirement of an erosion
plan to insure that there is no water runoff. (This will be added to the
conditional use permit). Mr. Dodson
noted that an erosion control plan has already been submitted to the State for
approval.
The motion to approve the Request to Rezone
approximately 2.816 acres from RA (Residential Agricultural) to H-B-CU (Highway Business Conditional Use)
for a “Funeral Home and Chapel ” site owner and applicant Lynwood Shelton
carried (4-1) with Commissioner Walker voting against the motion. Commissioner Walker noted that he had no
opposition to a funeral home, but would have liked more time to possibility
work something out with the neighbors and businesses in the area.
Planning Director Sudderth read the
following recommended conditions that were approved by the Planning Board and
agreed to by Mr. Barry Dodson- Colonial Funeral Home:
1. NCDOT
must approve a commercial driveway access for the site.
2. Applicant
shall adhere to all applicable Federal, State, and local laws.
3. 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.
4. 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.
5. Any
structure shall post a visible lot number in a numbering scheme approved by the
County to facilitate rapid emergency response (E- 911).
6. 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.
7. 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.
8. 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.
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 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.
11. Appropriate
hedgerow buffer mixed with trees on sides of property.
12. Parking
lot and building lighting that does not project directly to surrounding
properties.
13. Or
any other condition that the Boards may deem necessary at the time the project
is approved.
Commissioner McHugh moved to approve the
addition of an erosion control plan to the recommended conditions for Colonial
Funeral Home.
Vice Chairman Inman seconded and the motion carried unanimously.
BOARD ACTION REQUIRES THE FOLLOWING FOR ISSUING CONDITIONAL USE
PERMITS.
The Board must respond and vote on each of
the following items concerning the issuance of a Conditional Use Permit.
Planning Director Sudderth requested the
Board’s approval for the following conditional use permit requirements:
The
responsible body shall approve, modify, or deny the application for 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. (5-0)
(b) The requested use is essential or desirable
to the public convenience or welfare. (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. (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. (5-0)
(e) Adequate utilities, access roads, drainage,
sanitation and/or other necessary facilities have been or are being provided.
(5-0)
(f)
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. (5-0)
Prior to the
granting of any conditional use, the Planning Board may recommend, and the
responsible body (either the Governing Body or the Board of Adjustment) may
stipulate, such conditions and restrictions upon the establishment, location,
reconstruction, maintenance, and operation of the conditional use as it deemed
necessary for the protection of the public interest and to secure compliance
with the standards and requirements specified in Subsection 132.5 above. In all cases in which conditional uses are
granted, the responsible body shall require such evidence and guarantees as it may
deem necessary as proof that the conditions stipulated are being met. Conditions may include, but not limited to,
the following:
(a) Conditions may be imposed to abate or
restrict noise, smoke, dust, or other elements that may affect surrounding properties.
(b) Establish setback, side, front, and rear
yard requirements necessary for orderly expansion and to prevent traffic
congestion.
(c) Provide adjoining property with a buffer or
shield from view of the proposed use if necessary.
(d) Establish
a time limit at expiration of which the permit or approval shall no longer be
valid, or shall require renewal.
134.1
Compliance
with Other Codes
Granting a conditional use does not
exempt applicant from complying with all of the requirements of other
ordinances.
134.2
Revocation
In any case where the conditions of
a conditional use have not been or are not being met, the Enforcement Officer
shall give the grantee notice of intention to revoke approval. Said notice
shall be at least ten (10) days prior to action by the responsible body
considering conditional uses.
134.3
Expiration
In any case where a conditional use
has not been exercised within the time limit set by the responsible body, or
within one (1) year if no specific time limit has been set, then without
further action, the approval shall be null and void. “Exercised” as set forth in this Section shall mean that binding
contracts for the construction of the main building have been let; or in the
absence of contracts that the main building is under construction to a
substantial degree; or that prerequisite conditions involving substantial
investment are constructed in a substantial stage of development, or completed
(sewage, drainage, etc.). When construction
is not a part of the use, “exercised” shall mean that the use in operation is
in compliance with the conditions which are set forth in the approval.
Chairman John Turpin entertained a motion
to approve the Conditional Use Permit.
Commissioner McHugh moved to adopt the
Conditional Use Permit with Recommended Conditions (1-14).
Vice Chairman Inman seconded and the motion
carried unanimously.
There were no public comments.
GENERAL GOVERNMENT – INFORMATION SYSTEMS-
PROPOSED SPAM
(E-MAIL) FIREWALL
Information Technology Director Dianna Fulp
informed the Board of the recent increase of Spam (unsolicited or junk emails)
that the County has been experiencing. The increased volume has strained both
the email server and staff.
Director Fulp noted that the County had
installed a trial version of the Barracuda on June 1st which has
already proven to very beneficial (graphs presented to the Board pertaining to
the performance of the Barracuda Spam Firewall 300 Filtering System).
Director Fulp requested the Board’s
approval to purchase the Barracuda Spam Firewall 300 Filtering System at a
total cost of $3,897. Information
Systems has the funds to secure this system.
Director Fulp also noted the estimated potential cost savings by installing
the system.
Chairman John Turpin entertained a motion
to approve the Budget Ordinance Amendment #131 which is to amend the General
Fund to transfer funds to purchase Spam Firewall Filtering System.
The
appropriations are to be changed as followed:
|
Account Number |
|
EXPENDITURES |
|
Decrease |
|
Increase |
|
|
|
|
|
|
|
|
|
100.4210.440 |
|
Misc.
Contractual Services |
|
$623.00 |
|
|
|
100.4210.511 |
|
Equipment-
Non Capitalized |
|
|
|
$623.00 |
|
|
|
|
$623.00 |
|
$623.00 |
This will result in a net increase of $0.00
in the appropriations of the General Fund.
Commissioner Joe Turpin moved to approve
the Budget Ordinance Amendment #131.
Commissioner McHugh seconded and the motion
carried unanimously.
GENERAL GOVERNMENT – GIS/MAPPING –
RESOLUTION DESIGNATING
REVIEW OFFICER
Clerk to the Board Darlene Bullins
requested the Board’s approval for the submitted Resolution Designating Amy T.
Carter as a Review Officer (requested
by GIS/Mapping Administrator Jake Oakley).
Ms. Bullins informed the Board that Ms.
Carter had been appointed April 28, 2003 by the Board as a Review Officer for
Stokes County. Register of Deeds Kathy
Young requested Mr. Oakley submit Ms. Carter for reappoint by a Resolution
according to G.S. 47-30.2.
Chairman John Turpin entertained a motion
to approve the submitted Resolution
Designating Amy T. Carter as Review Officer.
Commissioner Joe Turpin moved to approve
the Resolution Designating Amy T. Carter as Review Officer.
Commissioner McHugh seconded and the motion
carried unanimously.
Chairman John Turpin entertained a motion
to enter into closed session for the following:
o
To consider the initial employment or
appointment of an individual to any office or position, other than a vacancy in
the Board of County Commissioners or any other public body, or to consider the
qualifications, competence, performance, character, and fitness of any public
officer or employee, other than a member of the Board of Commissioners or of
some other public body pursuant to G.S. 143-318.11(6).
Vice Chairman
Inman moved to enter into closed session for the following:
o
To consider the initial employment or
appointment of an individual to any office or position, other than a vacancy in
the Board of County Commissioners or any other public body, or to consider the
qualifications, competence, performance, character, and fitness of any public
officer or employee, other than a member of the Board of Commissioners or of
some other public body pursuant to G.S. 143-318.11(6).
Commissioner Joe Turpin seconded and the
motion carried unanimously.
The Board re-entered the regular planning
session of the June 7th meeting.
The Board discussed impact fees for schools
with Planning Director David Sudderth.
The Board requested County Attorney
Jonathan Jordan investigate the following issues pertaining to impact fees:
§
Current Legislation pertaining to impact
fees
§
Specific areas in the County that can be
charged impact fees
§
Timetable
for submission to the Legislature
There being no further business to come
before the Board, Chairman John Turpin entertained a motion to adjourn the
meeting.
Commissioner Joe Turpin moved to adjourn
the meeting.
Vice Chairman Inman seconded and the motion
carried unanimously.
_________________________
_____________________________