STATE OF NORTH CAROLINA ) OFFICE OF
THE COMMISSIONERS
) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) AUGUST 2, 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, August 2, 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
Clerk
to the Board Darlene Bullins
Planning
Director David Sudderth
Chairman John Turpin called the meeting to order.
Planning Director David Sudderth delivered the invocation.
GENERAL
GOVERNMENT-GOVERNING BODY-PLEDGE OF ALLEGIANCE
Chairman John Turpin opened the meeting by inviting the citizens in
attendance to join the Board with the Pledge of
Allegiance.
GENERAL
GOVERNMENT – PLANNING & COMMUNITY DEVELOPMENT
Vice Chairman Inman referenced Code of
Ethics –Stokes County Commissioners – Section #8 –involving a voting
conflict. Vice Chairman Inman requested
to abstain from voting or participating in discussion on Rezoning Request #166
and Rezoning Request #167 at tonight’s Planning and Community Development
Meeting of the Stokes County Board of
Commissioners as they both involve Carolina
Farms Real Estate, in which I have a financialinterest as a real estate broker.
Chairman John Turpin entertained a motion
to allow Vice Chairman Leon Inman to abstain from voting or participation in
discussion on Rezoning Requests #166 and #167.
Commissioner Joe Turpin moved to approve
the motion to allow Vice Chairman Leon Inman to abstain from voting or
participation in discussion on Rezoning Requests #166 and #167.
Commissioner Walker seconded and the motion carried (4-0) with Vice Chairman Inman properly abstaining from the vote. (Vice Chairman removed himself to the audience)
PUBLIC HEARING
Chairman John Turpin called the Public
Hearing for the Rezoning Request #167 to order - Jalal Samhoun.
The following spoke during the Public
Hearing:
Phyllis
E Mendel
723 Coliseum Dr-Suite 101
Winston Salem, NC 27106
RE:
Jalal Samhoun – RA to RE-CU
Chairman John Turpin closed the Public
Hearing.
Planning Director David Sudderth presented
the request to rezone approximately
39.791 acres from RA (Residential Agricultural) to RE-CU (Residential
Exclusive Conditional Use) for a 24-lot subdivision, site owner Blue Ridge Valley Enterprises and applicant Jalal Samhoun.
STAFF REPORT
Blue
Ridge Valley Enterprises RA to RE-CU
# 167
REQUEST: Rezone approximately 39.731 acres from RA
(Residential Agricultural) to RE-CU (Residential Exclusive Conditional Use) for
a 24-lot residential subdivision.
SITE OWNER: Blue Ridge Valley Enterprises
APPLICANT: Jalal Samhoun
SITE LOCATION: The property is located on S. Friendship Rd.
(SR#1955) approximately 1.2 miles north of the intersection of NC Hwy 8 and S.
Friendship Rd.
Map: 6932 Parcel: 0658 PIN #: 6932-03-41-0658
Deed Book: 525 &527 Page: 13
&711 Township: Meadows
SITE INFORMATION:
PARCEL
SIZE: Total tract 39.731 acres
ZONING
DISTRICT: RA (Residential Agricultural)
PROPOSED
DISTRICT: RE-CU (Residential Exclusive Conditional
Use) for a 24-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: N/A
SEPTIC/WATER
APPROVAL: Mr. Robert Edwin Stott a licensed soil
scientist has evaluated the site for septic disposal. This report was prepared
in May 2005 for Jalal Samhoun who is the applicant. Individual septic permits
will have to be issued by the Stokes County Health Dept. (Environmental Health
Section). Lots # 22 & 24 appear to be areas of concern.
SCHOOL
DISTRICTS: Germanton Elementary, Southeastern Middle,
South Stokes High
EMERGENCY
SERVICES: Rural Hall VFD, EMS - Station # 1 – Walnut
Cove.
EROSION
CONTROL: Plan would be submitted at permitting phase
and for road construction with North Carolina Division of Environment Health
and Natural Resources, (DEHNR).
ACCESS: Access for
proposed lots would be off a newly proposed road in the development, identified
on the map as Brittway Way Drive. If the subdivision is approved this road
would have to be paved to meet state standards. The developer would be required
to submit information to NCDOT to obtain the necessary subdivision driveway
approval.
SURROUNDING
LAND USE:
The subject property is currently vacant. The
surrounding property is zoned RA (Residential Agricultural) and is used for
residential purposes. The property has been recently logged. The primary
housing type in the area is stick-built homes which is the housing type allowed
in the RE (Residential Exclusive) zoning district.
ISSUES
TO CONSIDER:
·
Consistency with surrounding housing types.
·
Housing compatibility with surrounding
neighborhood.
·
Impact on existing community
infrastructure, schools, roads, public services etc.
·
Increase in residential tax base.
STAFF
COMMENTS:
This rezoning request comes to the Board as a request
for a conditional use rezoning for a 24-lot residential subdivision to be
rezoned to
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 is consistent
with the immediate surrounding property development. The proposed development
shows a stub-out road between proposed lots 5 and 6 identified on the map as
Jonway Lane. This proposed road would be a connector road back to S. Friendship
Rd. by tying into Oak Haven Lane, a private road currently serving lots in
Friendship Oaks subdivision. The use of this stub-out road appears to serve no
purpose at this time. The developer does not control the access to utilize Oak
Haven Lane. The Stokes County Subdivision regulation does not allow private
roads in major subdivisions. The staff would recommend that this stub-out road
be eliminated unless the applicant could gain access to and upgrade the
existing private road to NCDOT standards. The main road in the subdivision,
Brittway Lane would exceed by 723 ft. the allowed length of ˝ mile as
prescribed by the Stokes County Subdivision Regulations. The subdivision review
committee will have to review the subdivision proposal on its technical merits
if approved by the Board. The staff would recommend a wavier to the requirement
based on the best utilization of the property due to terrain features and
suitable septic areas.
PLANNING BOARD
RECOMMENDATION: The Planning Board recommended approval of the rezoning request
by a vote of 5 to 0. The Board recommended by a vote of 5 to 0 the conditional
use permit with the following conditions:
Recommended
Conditions for Blue Ridge Valley Enterprises RE-CU #167
- 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.
- 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. 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).
4. 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.
- 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.
- 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.
- 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.
- If
any of these conditions are not met or complied 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.
- 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.
- The
lots approved shall not be further subdivided.
- The
Conditional Use permit will expire one (1) year after approval is received
from the Board of Commissioners. If no work on infrastructure improvement
has begun within this time frame, the Conditional Use permit will expire.
The Planning Department shall determine if substantial work or progress
has been made to allow continuance of the project.
- Allow
length of proposed road “Brittway Lane” to exceed ˝ mile limit as stated
in the Stokes County Subdivision Regulations by approximately 723 ft.
- Eliminate
stub-out road identified as “Jonway Lane” between Lots 5 and 6.
- Or
any other condition that the Boards may deem necessary at the time the
project is approved.
Planning Director Sudderth noted that Mr.
Samhoun had agreed to all the recommended requirements.
Planning Director Sudderth noted that there
had been only one call who was just interested on what was going on.
The Board discussed the estimated value of
the proposed homes in the subdivision.
Chairman John
Turpin entertained a motion to approve or reject the request to rezone
approximately 39.791 acres from RA (Residential
Agricultural) to RE-CU
(Residential Exclusive Conditional Use) for
a 24-lot subdivision, site owner Blue
Ridge Valley Enterprises and applicant Jalal Samhoun.
Commissioner McHugh moved to approve the request to rezone approximately 39.791
acres from RA (Residential Agricultural) to RE-CU (Residential Exclusive
Conditional Use) for a 24-lot subdivision, site owner Blue Ridge Valley Enterprises and applicant Jalal Samhoun.
Commissioner Joe
Turpin seconded and the motion carried (4-0) with Vice Chairman Inman properly
abstaining from the vote.
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:
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. (4-0) with Vice Chairman Inman properly
abstaining
(b)
The requested use is essential or desirable
to the public convenience or
welfare. (4-0) with Vice Chairman Inman properly
abstaining.
(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. (4-0) with Vice Chairman Inman properly abstaining.
(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. (4-0) with Vice Chairman
Inman properly abstaining.
(e)
Adequate utilities, access roads, drainage,
sanitation and/or other
necessary facilities have been or
are being provided.
(4-0)
with Vice Chairman Inman properly abstaining.
(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.
(4-0) with Vice Chairman Inman properly abstaining.
Section 133.
Conditions and Guarantees
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.
Section 134.
General Provisions in Granting Conditional Use
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. (recommended conditions 1-15)
Commissioner Joe Turpin moved to approve
the Conditional Use Permit (recommended
conditions 1-15).
Commissioner Joe Turpin seconded and the
motion carried (4-0) with Vice Chairman Inman properly abstaining from the
vote.
GENERAL
GOVERNMENT-PLANNING & COMMUNITY DEVELOPMENT
PUBLIC HEARING
Chairman John Turpin called the Public
Hearing for the Rezoning Request #166 to order - Robert Culler.
The following spoke during the Public
Hearing:
Patricia
F. Boyles
3655 Scenic Hwy 98
Destin, FL 32541
Re: Opposition to the Rezoning Request –
RA to H-B-CU for Mini Storage Warehouses
Ms. Boyles presented the Board with more
than 75 signatures who support the opposition to the rezoning of five acres
beside Mr. Boyles’ home to allow for storage warehouses.
(Copies will be retained in the Clerk’s
office)
Ms. Boyles also submitted a handout, which
was prepared by Patricia Boyles, Julia Boyles Jessup, and James Boyles that
listed the primary reasons to opposing the mini storage warehouses. (A copy will be retained in the Clerk’s
office)
1155 Timber Trails
Pinnacle, NC 27043
Re: Opposition to the Rezoning Request –
RA to H-B-CU for Mini Storage Warehouses
Ms. Shields stated the reason she moved to
Pinnacle was to escape the business zones.
Ms. Shields does not feel the location is
the best location for a mini storage warehouse.
Julia
B Jessup
1809 Ridgewood Drive
Atlanta, GA 30307
Re: Opposition to the Rezoning Request –
RA to H-B-CU for Mini Storage Warehouses
Ms. Jessup feels that the proposed rezoning
will be definitely impact negatively the secure
and peaceful life that residents now
enjoy. Ms. Jessup also stated that this
might set a trend
to develop more businesses in the area that
should be zoned for homes.
Dean
Boyles
640 Goff Road
King, NC 27021
Re: Opposition to the Rezoning Request –
RA to H-B-CU for Mini Storage Warehouses
Mr. Boyles questioned the long-term impact
of having a storage unit in that location.
Mr. Boyles stated that people do not want to build a nice home near a
mini storage warehouse.
Michael
Westcott
204 Pearce Drive
Jamestown, NC 27282
Re: Spoke on behalf of Property Owner
Mr. Wescott (civil engineer) spoke on
behalf of the owner of the property, Doris Bowen Hill. Mr. Wescott presented
factual information concerning the proposed mini storage warehouse project such
as placing an 8 ft wooden fence, less traffic than the nearby church, very
little noise, security, and parking.
William
O. Tedder
220 Hartgrove Road
King, NC
27021
Re: Opposition to the Rezoning Request –
RA to H-B-CU for Mini Storage Warehouses
Mr. Tedder stated the area should be used
for a nice housing development instead of a mini storage warehouse.
Chairman John Turpin closed the Public
Hearing.
Planning Director David Sudderth presented
the request to rezone approximately 5.0 acres from RA (Residential
Agricultural) to H-B-CU (Highway
Business Conditional Use) for
“Mini-Storage Warehouses ”. Two warehouses in phase 1, two warehouses in
phase 2, and two warehouses in phase 3.
STAFF REPORT
Robert Culler RA
to H-B-CU # 166
REQUEST: Rezone approximately 5.0 acres from RA (Residential
Agricultural) to
H-B-CU (Highway Business Conditional Use)
for “Mini-Storage Warehouses ”. Two warehouses in phase 1, two warehouses in phase 2, and two warehouses
in phase 3.
SITE OWNER: Doris Bowen Hill
APPLICANT: Robert Culler
SITE LOCATION: The property is located on Old U.S. 52 (SR# 1236)
Map: 598301 Parcel: portion of 5846 PIN #: 5983-01-36-5846
Deed Book: 237 Pages: 923 Township: Yadkin
SITE INFORMATION:
PARCEL
SIZE: Total tract 39.440 acres. Proposed area for
use 5.0 acres.
ZONING
DISTRICT: RA (Residential Agricultural)
PROPOSED
DISTRICT: H-B-CU (Highway-Business Conditional Use)
FLOOD
HAZARD AREA: N/A.
FIRM
MAP #: 370362 0125 B
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.
Plans indicate less than one (1) acre being disturbed.
ACCESS:
The proposed business will have driveway access off of
Old U.S. 52 (NCDOT must approve a commercial driveway permit for this project).
SURROUNDING
LAND USE:
The subject property is located on N Old U.S. 52 The
closest commercial H-B (Highway Business) districts to the site are located
approximately .3 mile northwest from the proposed site. This includes the Stokes
County EMS station # 103 and the Midway Beauty Shop on one side of the road and
Todd’s Drywall on the other side of the road. There are two manufactured
housing units and one stick-built home across Old US 52 from the proposed site
and a stick-built home approximately 215 ft. northwest of the proposed site and
a stick-built home approximately 600 ft. southwest of the site. The remaining
surrounding property is either vacant or being used for agricultural purposes.
Most of the commercial development in this area is located to the northwest of
the site on Old US 52 going into Pinnacle. There are no close commercial
districts to the southwest of the site along Old US 52.
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 “Mini Storage Warehouses” in detail. The proposed site would extend
the area of mixed development on Old US 52 approximately .3 mile southwest of
where it is now, however the Stokes County green box site is located
approximately ˝ mile southwest of the proposed location. The Board should take
into consideration the future potential of the area for other commercial or
residential growth. Most of the residential subdivision growth in the area has
taken place closer to the City of King. 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 recommended approval of the rezoning request by a vote of 3 to 2. The
Conditional Use permit was approved by a vote of 5 to 0 with the following
conditions:
Recommended Conditions for Robert Culler H-B-CU #166
- NCDOT
must approve a commercial driveway access for the site.
- Applicant
shall adhere to all applicable Federal, State, and local laws.
- 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.
- 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.
- Any
structure shall post a visible lot number in a numbering scheme approved
by the County to facilitate rapid emergency response (E- 911).
- 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.
- 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.
- 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.
- 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.
- Plant
a vegetative buffer, Leland cypress on the west side of the property
outside of the security fence.
- Pave
driveway from driveway access entrance off Old US 52 (SR# 1236) to
security gate entrance.
- Move
front security fence 40 ft. from edge of right of way.
- Or
any other condition that the Boards may deem necessary at the time the project
is approved.
The Board
discussed location of the warehouses on the lot, impact on the surrounding
community, fencing surrounding the storage units, lease agreements of the
units, garage sales for unpaid rent, and the comments received during the Public
Hearing.
Chairman John
Turpin entertained a motion to approve or reject the request to rezone 5.0
acres from RA (Residential Agricultural) to H-B-CU (Highway Business
Conditional Use) for “Mini-Storage
Warehouses ”. Two warehouses in phase 1, two warehouses in
phase 2, and two warehouses in phase 3.
Commissioner McHugh moved to approve the
request to rezone approximately 5.0 acres from RA (Residential Agricultural) to
H-B-CU (Highway Business Conditional Use) for
“Mini-Storage Warehouses ”. Two warehouses in phase 1, two warehouses in
phase 2, and two warehouses in phase 3.
Commissioner Joe
Turpin seconded the motion.
The Board
continued discussion of whether this type of development is the best use of the
land and the surrounding land. The motion failed (2-2) with Vice Chairman Inman
properly abstaining from the vote.
The motion
failed; therefore, no further discussion continued concerning the Conditional
Use Permit.
Vice Chairman Inman returned to his seat on
the Board.
PUBLIC HEARING
Chairman John Turpin called the Public
Hearing for the Rezoning Request #168 to order- Wallace Wade Poston- Special Use Permit. (Recreational Fishing
Pond) There was no one signed up to speak at the Public Hearing, Chairman John
Turpin closed the Public Hearing.
Planning Director David Sudderth presented
the request to obtain a Special Use Permit for a Fishing Pond.
STAFF REPORT
Wallace
Wade Poston– Special Use Permit # 168
Recreational Fishing Pond
REQUEST: Obtain a special use permit for a Fishing Pond
SITE OWNER: Wallace Wade Poston
APPLICANT: Wallace Wade Poston
SITE LOCATION: The property is located off of Dodgetown Rd.
Map: 6966 Parcel: 0792 PIN #: 6966-00-35-0792
Deed Book: 500 Page: 2097 Township:
Meadows
SITE INFORMATION:
PARCEL
SIZE: Total tract 29.667 acres.
POND SIZE: Approximately
1.4 acres
ZONING
DISTRICT: RA (Residential
Agricultural)
PROPOSED
USE: Fishing Pond
FLOOD
HAZARD AREA: Proposed site 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: Site has been
evaluated and approved by the Stokes County Health Department (Environmental
Health Section) for a septic system.
SCHOOL
DISTRICTS: N/A
EMERGENCY
SERVICES: Danbury VFD, EMS
–Walnut Cove #101
EROSION
CONTROL: N/A
ACCESS:
The proposed fishing pond will have driveway access off
of Stewart Rd. (SR# 1707). NCDOT must approve the driveway permit to the site.
There will be a 12 ft. gravel driveway leading to the site.
SURROUNDING
LAND USE:
The surrounding land uses consist mainly of open land
and scattered residential development.
ISSUES TO CONSIDER:
·
Impact on surrounding development.
·
Impact on community infrastructure,
traffic, public services etc.
·
Recreational benefit to the community
STAFF
COMMENTS:
The Planning staff does not see any major problems with
the request. The applicant is able to meet all the applicable requirements for
the issuance of the Special Use permit to operate an Amusements/Recreational
Fishing Pond. The proposed location has a natural buffer due to the terrain and
size of the tract of land.
PLANNING
BOARD RECOMMENDATION: The
Planning Board recommended approval of the Special Use permit by a vote of 5 to
0 with the following requirements and conditions.
REQUIREMENTS
FOR FISHING POND
n
Amusements/Recreational Facilities
For Profit (Outdoors) (swimming pools,
fishing lakes, etc.)
1) Outdoor
amusement facilities shall be separated by an opaque screen from any abutting
property that is located in a residential district, if required by the Boards.
2) No
amusement facilities, such as miniature golf courses, skateboard courses, or
mechanical rides shall be located within 100 feet of any adjoining property
line.
3) Hours
of operation shall be no earlier than 7:00 a.m. and no later than 12:00
midnight.
4) No motorized vehicles, such as motorcycles,
dirt bikes, go-carts, all terrain vehicles, and similar uses shall not be
allowed.
5) The
site shall have a minimum of ten (10) acres, unless otherwise determined by the
Board.
6) Ancillary
support activities, such as the provision of food and beverages, parking and
other concessions or vending operations shall permitted on a temporary basis
and only during the operation of the use and shall meet all applicable state
health codes.
7) All parking shall be on site in a designated
area for that purpose.
8) Any
signage, which identifies the use, shall be in accordance with standards of the
underlying zoning district.
The Board discussed the requirements
approved by the Planning Board. Mr.
Poston had agreed to all the requirements for the fishing pond.
Mr. Sudderth
stated that there was only one inquiry from Gareath Meadows who owns adjoining
property. Mr. Meadows had no complaints
after being informed of the use.
BOARD ACTION REQUIRES THE FOLLOWING FOR ISSUING SPECIAL USE PERMITS
The Board must respond and vote on each
items concerning the issuance of a Special
Use Permit.
Planning Director Sudderth requested the
Board’s approval for the following conditional use permit requirements:
CONDTIONS FOR SPECIAL USE PERMIT REQUEST:
1) Control
access to fishing pond with gate near driveway off Dodgetown Rd.
2) Construct
lighting to be non-obtrusive to the surrounding properties.
REQUIREMENTS
FOR ISSUANCE OF SPECIAL USE PERMIT
136.1 Intent of Special Use District
The development and execution of this
Ordinance is based upon the division of the County’s jurisdiction into
districts where the use of the land and buildings and structures in relation to
the land are substantially uniform. It is understood that certain uses which
because of their unique characteristics, are not easily classified into any
particular zoning district or districts. In this situation, individual
consideration for each case must be taken to determine the impact of those uses
upon surrounding land and the public need for that particular use in that
specific location. In these situations, a special use permit must be obtained.
136.9 Conditions and Guarantees
Prior
to the granting of any special use, the Planning Board may recommend, and the
responsible body may stipulate, such conditions and restrictions upon the
establishment, location, reconstruction, maintenance, and operation of the
special use as it deemed necessary for the protection of the public interest
and to secure compliance with the standards and requirements specified in
Subsection 136.5 above. In all cases in
which special 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.
The Board must respond and vote on each of
the following items concerning the issuance of a Special Use permit.
136.8 Action by the Responsible Body
The
responsible body shall approve, modify, or deny the application for special use
following the public hearing. In
granting a special use, the responsible body shall insure:
(a) The
requested use is listed among the special 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)
Chairman John Turpin entertained a motion
to approve the Special Use Permit for a fishing pond.
Commissioner Joe Turpin moved to approve
the Special Use Permit for a fishing pond.
Commissioner McHugh seconded and the motion
carried unanimously.
PUBLIC
COMMENTS
There were no public comments.
Cell
Tower Update
Director Sudderth updated the Board
concerning potential cell towers within the County with a possible lease
agreement for a cell tower at the old prison site.
There being no further business to come
before the Board, Chairman John Turpin entertained a motion to adjourn the
meeting.
Commissioner McHugh moved to adjourn the
meeting.
Chairman John Turpin seconded and the
motion carried unanimously.
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