) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) DECEMBER 6, 2005
The Board of Commissioners of the County of Stokes, State of North
Carolina, met for regular session (Planning) in the Commissioners’ Chambers of
the Ronald Wilson Reagan Memorial Building (Administrative Building) located in
Danbury, North Carolina on Tuesday, December 6, 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.
Vice Chairman Inman 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 approve or amend the minutes of the November 28th meeting.
Commissioner Joe Turpin moved to approve the
minutes of the November 28th meeting.
Commissioner
McHugh seconded and the motion carried unanimously.
Chairman John Turpin turned the meeting
over to Clerk to the Board Darlene Bullins for selection of Chairman.
GENERAL GOVERNMENT – GOVERNING BODY –
REORGANIZATION OF THE BOARD
Chairman
Clerk
to the Board Darlene Bullins opened the floor for nominations for Chairman of
the Stokes County Board of Commissioners.
Commissioner John Turpin nominated
Commissioner Leon Inman to serve as Chairman of the Stokes County Board of
Commissioners.
Commissioner Joe Turpin seconded the nomination. There were no other
nominations for Chairman.
Clerk to the Board Darlene Bullins
entertained a motion to close the nominations.
Commissioner Joe Turpin moved to close the
nominations for Chairman of the Stokes County Board of Commissioners.
Commissioner John Turpin seconded and the
motion carried unanimously.
The appointment of Commissioner Leon Inman
to serve as Chairman of the Stokes County Board of Commissioners was unanimous.
Clerk to the Board Darlene Bullins turned
the meeting back over to Chairman Leon Inman.
Vice Chairman
Chairman
Inman opened the floor for nominations for Vice Chairman of the Stokes County
Board of Commissioners.
Commissioner John Turpin nominated
Commissioner Joe Turpin to serve as Vice Chairman of the Stokes County Board of
Commissioners.
Commissioner McHugh seconded the
nomination.
There were no other nominations for Vice
Chairman.
Chairman Inman entertained a motion to
close the nominations.
Commissioner John Turpin moved to close the
nominations for Vice Chairman of the Stokes County Board of Commissioners.
Commissioner McHugh seconded and the motion
carried unanimously.
The appointment of Commissioner Joe Turpin
to serve as Vice Chairman of the Stokes County Board of Commissioners was
unanimous.
Clerk to the Board
Chairman
Inman opened the floor for nominations for Clerk to the Board of the Stokes
County Board of Commissioners.
Commissioner McHugh moved to appoint
Darlene Bullins to serve as Clerk to the Board of the Stokes County Board of
Commissioners.
Commissioner John Turpin seconded and the
motion carried unanimously.
County Attorney
Chairman
Inman opened the floor for nominations for County Attorney of the Stokes County
Board of Commissioners.
Commissioner John Turpin moved to appoint
Attorney Jonathan Jordan to serve as County Attorney of the Stokes County Board
of Commissioners.
Vice Chairman Joe Turpin seconded and the
motion carried unanimously.
Budget Officer
Chairman
Inman opened the floor for nominations for Budget Officer for Stokes County.
Commissioner McHugh moved to appoint County
Manager Richard Morris to serve as Budget Officer for Stokes County.
Vice Chairman Joe Turpin seconded and the
motion carried unanimously.
Finance Officer
Chairman
Inman opened the floor for nominations for Finance Officer for Stokes County.
Commissioner John Turpin moved to appoint
Finance Director Julia Edwards to serve as Finance Officer for Stokes
County.
Commissioner McHugh seconded and the motion
carried unanimously.
Fire Marshal
Chairman
Inman opened the floor for nominations for Fire Marshal for Stokes County.
Commissioner McHugh moved to appoint Brad
Cheek to serve as Fire Marshal for Stokes County.
Commissioner John Turpin seconded and the
motion carried unanimously.
Emergency Management Director
Chairman
Inman opened the floor for nominations for Emergency Management Director for
Stokes County.
Commissioner McHugh moved to appoint Monty
Stevens to serve as Emergency Management Director for Stokes County.
Commissioner John Turpin seconded and the
motion carried unanimously.
Assistant Emergency Management Director
Chairman
Inman opened the floor for nominations for Assistant Emergency Management
Director for Stokes County.
Vice Chairman Joe Turpin moved to appoint
Brad Cheek to serve as Assistant Emergency Management Director for Stokes
County.
Commissioner McHugh seconded and the motion
carried unanimously.
Planning Director
Chairman
Inman opened the floor for nominations for Planning Director for Stokes County.
Commissioner McHugh moved to appoint David
Sudderth to serve as Planning Director for Stokes County.
Commissioner John Turpin seconded and the
motion carried unanimously.
Economic Development Director
Chairman
Inman opened the floor for nominations for Economic Development Director for
Stokes County.
Commissioner McHugh moved to appoint Ron
Morgan to serve as Economic Development Director for Stokes County.
Commissioner John Turpin seconded and the
motion carried unanimously.
PUBLIC HEARINGS
Chairman Inman
called the Public Hearing for the Rezoning Request #172-William (Bill) Hall (RA
to M-1-CU for “Manufacturing Building Materials – Cast Stone”) to order. The
following spoke in favor of the rezoning request:
William (Bill) Hall, Jr.
1836 Moir Farm
Road
Lawsonville,
NC 27022
Mr. Hall
requested the Board approve his rezoning request.
There were no
other public comments.
Chairman Inman
closed the Public Hearing.
Chairman Inman called the Public Hearing
for the Rezoning Request #173-Felts Lumber Co., Inc. (RA to M-1) to order.
There were no public comments.
Chairman Inman
closed the Public Hearing Chairman Inman called the Public
Hearing for the Conditional Use Permit #174-Felts Lumber Co., Inc. (Mini
Storage Warehouses) to order.
There were no public comments.
Chairman Inman
closed the Public Hearing
Chairman Inman called the Public Hearing
for the Rezoning Request #175-DJN Properties Inc. (RA to RE-CU for an 8-lot
Residential Subdivision) to order.
The following spoke in favor of the
rezoning request:
Don
Snyder
1151 Julius Tucker Road
Pinnacle, NC 27043
Barbara
Snyder
1151 Julius Tucker Road
Pinnacle, NC 27043
June
Tilley
1085 Julius Tucker Road
Pinnacle, NC 27043
Cindy
Tilley
1124 Julius Tucker Road
Pinnacle, NC 27043
Chairman Inman
closed the Public Hearing
Planning Director David Sudderth presented
the Request to rezone approximately 1.091 acres from RA (Residential
Agricultural) to M-1-CU (Light Manufacturing Conditional Use) for a “Building
Materials, Cast Stone” manufacturing operation.
REQUEST: Rezone
approximately 1.091 acres from RA (Residential Agricultural) to
M-1-CU (Light Manufacturing Conditional Use) for a “Building
Materials, Cast Stone” manufacturing operation.
SITE
OWNER: William B. Hall
APPLICANT:
William B. Hall
SITE
LOCATION: The property
is located at 1836 Moir Farm Rd. (SR# 1652)
Map:
5650 Parcel:
portion of 6029 PIN #: 6050-00-80-6029
Deed
Book: 341 Pages: 133 Township: Snow Creek
SITE
INFORMATION:
PARCEL
SIZE: Total tract 45.426 acres
AREA PROPOSED: 1.091
Acres
ZONING
DISTRICT: RA (Residential Agricultural)
PROPOSED
DISTRICT: M-1-CU (Light Manufacturing 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: N/A
SEPTIC/WATER
APPROVAL: Stokes
County Environmental Health section.
SCHOOL
DISTRICTS: N/A
EMERGENCY
SERVICES: Northeast Stokes VFD, EMS -
Station # 2 Lawsonville.
EROSION
CONTROL: N/A
ACCESS:
The proposed business will have driveway access off of
Moir Farm Rd. (SR# 1652) on a 50 ft. easement (NCDOT must approve a commercial
driveway permit).
SURROUNDING
LAND USE:
The subject property is located off of Moir Farm Rd. on
a 50 ft. easement that serves the proposed site and the applicant’s home. The
proposed site is approximately .4 mile off of Moir Farm Rd. The applicant owns
all the land surrounding the proposed 1.091-acre site. The majority of the
surrounding property is vacant land.
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
“Building Material, Cast manufacturing operation” in detail. The county has
mixed commercial and residential development throughout its jurisdictional
boundaries. This pattern of mixed development is common in the county. The
nearest commercial zoning district is Barry Nelson’s (H-B-CU) Highway Business
for a garage (Rezoned 01-02-01) is located approximately 1 mile north of the
property. There is residential and agricultural property adjacent to the site.
Mr. Hall’s intention is to relocate the business known as “The Rock and Stone
Shop”. This business was located on the
property of Joe James (Rezoned 04-08-97) off of Duggins Rd. The proposed site
is similar to the site located off of Duggins Rd., both being served by private
easements. The applicant will be able to use an existing building on the
property. 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 the rezoning request by a vote of 7 to 0. The
Board also recommended the Conditional Use permit by a vote of 7 to 0 with the
following conditions. There was no opposition to the rezoning request or the
Conditional Use permit request.
Director Sudderth noted that there had been
no opposition to the rezoning
request or the Conditional Use permit request.
The Board discussed the rezoning request.
Chairman Inman
entertained a motion to accept or deny the request to rezone approximately
1.091 acres from RA (Residential Agricultural) to M-1-CU (Light Manufacturing
Conditional Use) for a “Building Materials, Cast Stone” manufacturing
operation.
Vice Chairman Joe Turpin moved to rezone approximately 1.091 acres from
RA (Residential Agricultural) to M-1-CU (Light Manufacturing Conditional Use)
for a “Building Materials, Cast Stone” manufacturing operation.
Commissioner McHugh seconded and the motion
carried unanimously.
Recommended
Conditions for William B. Hall H-B-CU #172
Director Sudderth read the following
recommended conditions which Mr. Hall had agreed to:
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.
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.
BOARD ACTION REQUIREMENT
The Board must respond and vote on each of
the following items.
Planning Director Sudderth requested the
Board’s approval for the following:
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. Yes (5-0)
(b) The requested use is essential or desirable
to the public convenience or welfare.
Yes (5-0)
(c) The requested use will not impair the
integrity or character of the surrounding or adjoining districts, nor be
detrimental to the health, morals, or welfare. Yes (5-0)
(d) Due
consideration has been given to the suitability of the property for the use
applied for with respect to trends of growth or change; the effect of the
proposed use upon the community; requirements for transportation, schools,
parks, playgrounds, recreational area, conservation of natural resources,
preservation of floodplains, and encouraging the most appropriate use of the
land. Yes (5-0)
(e) Adequate
utilities, access roads, drainage, sanitation and/or other necessary facilities
have been or are being provided. Yes (5-0)
(f)
That adequate measures have been or will be
taken to provide ingress and egress so designed as to minimize traffic
congestion in the public streets. Yes (5-0)
Chairman Inman entertained a motion to
approve the conditional use permit.
Commissioner McHugh moved to approve the
conditional use permit.
Commissioner John Turpin seconded and the
motion carried unanimously.
Planning Director David Sudderth presented
the Request to rezone approximately approximately 1.284 acres from RA (Residential
Agricultural) to M-1 (Light Manufacturing).
REQUEST: Rezone
approximately 1.284 acres from RA (Residential Agricultural) to
M-1 (Light Manufacturing)
SITE
OWNER: Felts Lumber Co., Inc.
APPLICANT:
Felts Lumber Co., Inc.
SITE
LOCATION: The property
is located off of Robert C. Kellam Rd. (SR# 1145) near the end of the road. The
site will be accessed off of Perch Rd. in Pinnacle behind Felts Lumber Company.
Map:
593707 Parcel:
3518 PIN
#: 5937-07-78-3518
Deed
Book: 477 Pages: 590 Township: Yadkin
SITE
INFORMATION:
PARCEL
SIZE: Total tract 4.997 acres
AREA PROPOSED: 1.284
Acres
ZONING
DISTRICT: RA (Residential
Agricultural)
PROPOSED
DISTRICT: M-1 (Light Manufacturing)
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: N/A
SCHOOL
DISTRICTS: N/A
EMERGENCY
SERVICES: Pinnacle VFD, EMS -
Station # 3 & 4 - 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). The proposed site for rezoning would be incorporated into an
existing M-1 (Light Manufacturing) zoning district utilizing the same access.
SURROUNDING
LAND USE:
The closest commercial district is the adjacent parcel,
which is owned by Felts Lumber Co., Inc. The remaining surrounding property is
zoned RA (Residential Agricultural).
ISSUES
TO CONSIDER:
·
Impact on surrounding development.
·
Impact on community infrastructure, roads,
public services etc.
·
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 M-1 (Light Manufacturing) zoning district. The
purpose of this rezoning is to add an additional 1.284 acres to the existing
16.93-acre tract that is currently zoned
M-1 (Light Manufacturing). The applicant
owns both parcels. The 1.284 acre proposed site is being taken out of the back
portion of an existing 4.997 acre parcel currently zoned RA (Residential
Agricultural). The access to the proposed site would be from Perch Rd. The
proposed parcel is currently accessed off of Robert C. Kellam Rd. If the
property is rezoned the remaining 3.710 acres zoned RA (Residential
Agricultural) would maintain its access off of Robert C. Kellam Rd. (SR# 1145).
Robert C. Kellam Rd. is a gravel state maintained road. The Planning Department
sees no problem with this proposal to add additional land to the existing M-1
(Light Manufacturing) district as long as access to the proposed site comes
from Perch Rd.
PLANNING BOARD RECOMMENDATION:
The Planning Board recommended the rezoning request by a vote of 7 to 0.
There was no opposition to the request.
Director Sudderth noted that there had been
no negative comments during the Planning Board; however, an email have been
received on 12-05-05 from Leesa Kellam opposing the rezoning request.
The Board discussed the rezoning request.
Chairman Inman
entertained a motion to accept or deny the request to rezone approximately
1.284 acres from RA (Residential Agricultural) to M-1 (Light Manufacturing).
Commissioner John Turpin moved to rezone approximately 1.284 acres from
RA (Residential Agricultural) to M-1 (Light Manufacturing).
Commissioner McHugh seconded and the motion
carried unanimously.
Planning Director David Sudderth presented
the Request to obtain a Conditional Use permit for the construction of (5)
Mini-Storage warehouses.
REQUEST: Obtain a
Conditional Use permit for the construction of (5) Mini-Storage warehouses.
SITE
OWNER: Felts Lumber Co., Inc.
APPLICANT:
Felts Lumber Co., Inc.
SITE
LOCATION:
The property is located off of Perch Rd. (SR#1147) and
Robert C. Kellam Rd. (SR# 1145)
Map(s):
597311 & 597312 Parcel(s):
3434 & 0363 PIN #: 5973-11-77-3430
5973-12-87-0363
Deed
Book 483 & 526 Page:
513 & 25 Township: Yadkin
SITE INFORMATION:
PARCEL
SIZE: Total proposed tract 3.284 acres.
ZONING
DISTRICT: M-1 (Light
Manufacturing)
PROPOSED
USE: Mini-Storage
Warehouses
FLOOD
HAZARD AREA: Proposed site not
located in flood hazard area.
FIRM
MAP #: 370362 0125B
FIRM
MAP ZONE: Zone X - Area outside 500-year floodplain.
WATERSHED
DISTRICT: WS-IV- Yadkin River
SEPTIC/WATER
APPROVAL: Mini-Storage
Warehouses that do not have an on-site attendant are not required to have
septic disposal.
SCHOOL
DISTRICTS: N/A
EMERGENCY
SERVICES: Pinnacle VFD, EMS
– Station # 3 & 4 - Pinnacle.
EROSION
CONTROL: When construction begins, if necessary.
ACCESS:
The proposed site will have driveway access off of
Perch Rd. (SR# 1147). The proposed site would utilize a 30 ft. easement that
serves Felts Lumber Co., Inc. NCDOT must approve the driveway permit to the
site.
SURROUNDING
LAND USE:
The surrounding land uses consist of commercial land to
the north, west, and south, and residential property to the east.
ISSUES TO CONSIDER:
·
Impact on surrounding development.
·
Impact on community infrastructure,
traffic, public services etc.
·
Potential tax base increase due to
commercial development.
·
Need of service in the area.
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 Conditional Use permit to establish and operate
Mini-storage warehouses. The proposed location is well buffered due to the
terrain and size of the tract of land. The applicant will be required to meet
the requirements for establishing “Mini-storage warehouses” as stated in the
zoning ordinance.
PLANNING BOARD RECOMMENDATION:
The Planning Board recommended the Conditional Use permit request by a vote
of 7 to 0. There was no opposition to the request.
Mini-Storage Warehouses
1) The
maximum height of building (s) shall be twenty (20) feet.
2) Outside
storage shall be limited to non-commercial RV’s and watercraft.
3) Storage
of hazardous, toxic, or explosive substances shall be prohibited.
4) No
business activity other than the rental of storage units shall be conducted on
the premises
Commissioner John Turpin moved to approve
the Request to obtain a Conditional Use Permit for the construction of (5)
Mini-Storage warehouses as requested by Felts Lumber Company.
Commissioner McHugh seconded the
motion.
Commissioner John Turpin withdrew his
motion and Commissioner McHugh withdrew her second to the motion for further
discussion of requirements for Issuance of a Conditional Use Permit.
The Board continued discussion for the
Conditional Use Permit.
The Board must respond and vote on each of
the following items.
Planning Director Sudderth
requested the Board’s approval for the following:
132.1
Action by the Planning Board
The
Planning Board shall review the application prior to the public hearing and
shall present its recommendations to the responsible body prior to or at the
public hearing. The Planning Board may
reverse its recommendations following the public hearing and present such
recommendations to the responsible body before final action is taken. 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. Yes (5-0)
(b) The requested use is essential or desirable
to the public convenience or welfare. Yes (5-0)
(c) The requested use will not impair the
integrity or character of the surrounding or adjoining districts, nor be
detrimental to the health, morals, or welfare. Yes (5-0)
(d) Due consideration has been given to the
suitability of the property for the use applied for with respect to trends of
growth or change; the effect of the proposed use upon the community;
requirements for transportation, schools, parks, playgrounds, recreational
area, conservation of natural resources, preservation of floodplains, and
encouraging the most appropriate use of the land. Yes (5-0)
(e) Adequate utilities, access roads, drainage,
sanitation and/or other necessary facilities have been or are being provided.
Yes (5-0)
(g) 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 (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.
(e) Establish
a time limit at expiration of which the permit or approval shall no longer be
valid, or shall require renewal.
134.4
Compliance with Other Codes
Granting a conditional use does not
exempt applicant from complying with all of the requirements of other
ordinances.
134.5
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.
134.6
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 Inman entertained a motion to
approve the Request to obtain a Conditional Use permit for the construction of
(5) Mini-Storage warehouses as requested by Felts Lumber Company.
Commissioner John Turpin moved to approve
the Request to obtain a Conditional Use Permit for the construction of (5)
Mini-Storage warehouses as requested by Felts Lumber Company.
Commissioner McHugh seconded and the motion
carried unanimously.
DJN
Properties RA to RE-CU # 175
Planning Director David Sudderth presented
the request to Rezone approximately 13.799 acres from RA (Residential
Agricultural) to RE-CU (Residential Exclusive Conditional Use) for an 8-lot
residential subdivision.
REQUEST: Rezone
approximately 13.799 acres from RA (Residential Agricultural) to RE-CU
(Residential Exclusive Conditional Use) for an 8-lot residential subdivision.
SITE
OWNER: Daniel L. Stewart
APPLICANT:
DJN Properties
SITE
LOCATION:
The property is located on Julius Tucker Rd. (SR#1150)
and on Scenic View Dr. (Private) next to the Surry County line.
Map:
597403 Parcel:
1698 PIN
#: 5974-03-33-1698
Deed
Book: 406 Page: 267 Township:
Yadkin
SITE
INFORMATION:
PARCEL
SIZE: Total tract 13.799 acres
ZONING
DISTRICT: RA (Residential Agricultural)
PROPOSED
DISTRICT: RE-CU (Residential Exclusive Conditional
Use) for an 8-lot subdivision.
FLOOD
HAZARD AREA: Not located in flood hazard area.
FIRM
MAP #: 370362 0075 B
FIRM
MAP ZONE: Zone X - Area outside 500-year floodplain.
WATERSHED
DISTRICT: WS-IV, Yadkin
River –King intake
SEPTIC/WATER
APPROVAL: Mr. Joseph A. Hinton a licensed soil
scientist has evaluated the site for septic disposal. This report was prepared
in October 19, 2005. Individual septic permits will have to be issued by the
Stokes County Health Dept. (Environmental Health Section). Water would be
provided by private wells.
SCHOOL
DISTRICTS: Pinnacle Elementary, Chestnut Grove Middle,
West Stokes High
EMERGENCY
SERVICES: Pinnacle VFD, EMS - Station # 3 & 4 -
Pinnacle.
EROSION
CONTROL: Plan would be submitted at permitting
phase, if necessary.
ACCESS: Access for
proposed lots # 2 and 3 would be off of Scenic View Drive, a private paved 20
ft easement road approximately .3 mile long intersecting with Julius Tucker Rd.
Lots# 4,5,6,7, & 8 would have access off of Julius Tucker Rd. (SR# 1150)
NCDOT will have to approve all driveway access.
SURROUNDING
LAND USE:
The subject property has an existing house located on
proposed lot # 5. The remaining property is currently vacant. The surrounding
area consists of mixed residential uses zoned RA (Residential Agricultural).
Part of Mr. Stewart’s property is located in Surry County.
ISSUES
TO CONSIDER:
·
Consistency with surrounding housing types.
·
Impact on community infrastructure,
schools, roads, public services etc.
·
Increase in tax base.
STAFF
COMMENTS:
This rezoning request comes to the Board as a request
for a conditional use rezoning for a 8-lot residential subdivision to be
rezoned for RE –CU (Residential Exclusive) that would allow stick built and
modular housing. The Board may discuss the development plan in detail. The
addition of stick-built homes in this area is consistent with the immediate
surrounding property development. Similar subdivision rezoning petitions in the
Pinnacle area that were approved include a
(6) lot subdivision rezoned to RE-CU on 12-03-02 on East Old Phillips
Rd. and a (12) lot subdivision rezoned to RE-CU on 05-04-04 also located on
East Old Phillips Rd.
PLANNING BOARD RECOMMENDATION:
The Planning Board recommended the rezoning request by a vote of 7 to 0. The
Planning Board considered the impact of the development on the infrastructure
of the community, specifically the school system. The Board felt that it was
better to recommend an (8) lot major subdivision with the zoning protection of
the RE (Residential Exclusive) zoning district, rather than have a minor
subdivision develop on the property which would allow (4) lots in the RA
(Residential Agricultural) zoning district that allows all housing types. The
Board felt this would help preserve the surrounding property values due to the
existing stick built homes along Julius Tucker Rd. and Scenic View Dr. The
Board also recommended approval of the Conditional Use permit with the
following (14) conditions.
Director Sudderth noted that there had been
no opposition to the request.
The Board discussed the impact of the
schools in the area, size of homes to be built, lot sizes, and other uses of
the land.
Chairman Inman
entertained a motion to accept or deny the request to rezone 13.799
acres from RA (Residential Agricultural) to RE-CU (Residential Exclusive
Conditional Use) for an 8-lot residential subdivision.
Commissioner McHugh moved to rezone 13.799
acres from RA (Residential Agricultural) to RE-CU (Residential Exclusive
Conditional Use) for an 8-lot residential subdivision.
Vice Chairman Joe Turpin seconded and the
motion carried unanimously.
Director Sudderth read the following
recommended conditions which Mr. Nichols had agreed to:
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.
Mr. Nichols
agreed to all the conditions and stated there would be also covenants for the
subdivision.
BOARD ACTION REQUIREMENT
The
Board must respond and vote on each of the following items.
Planning Director Sudderth
requested the Board’s approval for the following:
132.2
Action by the Planning Board
The
Planning Board shall review the application prior to the public hearing and
shall present its recommendations to the responsible body prior to or at the
public hearing. The Planning Board may
reverse its recommendations following the public hearing and present such
recommendations to the responsible body before final action is taken. 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. Yes (5-0)
(b) The requested use is essential or desirable
to the public convenience or welfare. Yes (5-0)
(c) The requested use will not impair the
integrity or character of the surrounding or adjoining districts, nor be
detrimental to the health, morals, or welfare. Yes (5-0)
(d) Due consideration has been given to the
suitability of the property for the use applied for with respect to trends of
growth or change; the effect of the proposed use upon the community;
requirements for transportation, schools, parks, playgrounds, recreational
area, conservation of natural resources, preservation of floodplains, and
encouraging the most appropriate use of the land. Yes (5-0)
(e) Adequate utilities, access roads, drainage,
sanitation and/or other necessary facilities have been or are being provided.
Yes (5-0)
(h)
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 (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.
(f)
Establish a time limit at expiration of
which the permit or approval shall no longer be valid, or shall require
renewal.
134.7
Compliance with Other Codes
Granting a conditional use does not
exempt applicant from complying with all of the requirements of other
ordinances.
134.8
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.
134.9
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 Inman entertained a motion to
approve the conditional use permit.
Commissioner McHugh moved to approve the
conditional use permit.
Commissioner John Turpin seconded and the
motion carried unanimously.
ZONING
TEXT AMENDMENT
Planning
Director David Sudderth presented the following zoning text amendment:
This
request is to amend the zoning text to change the following requirements for
“Mini-Storage Warehouses” in the H-B (Highway Business) zoning district. The
following section will be required to be amended.
Amend
Stokes County Zoning Ordinance Article VIII, Section 89 (Highway Business)
Sub-Section 89.1 (Permitted Uses) to add the following statement:
Mini-Storage Warehouses
“Outside storage shall be limited to non-commercial RV’s and
watercraft”.
The
ordinance currently reads: No outside storage shall be permitted.
This
change in the requirements for Mini Storage warehouses will make the standards
consistent with those found in the M-1 (Light Manufacturing) zoning district.
These standards are.
Mini-Storage
Warehouses
1. The
maximum height of building (s) shall be twenty (20) feet.
2. Outside
storage shall be limited to non-commercial RV’s and watercraft.
3. Storage
of hazardous, toxic, or explosive substances shall be prohibited.
4. No
business activity other than the rental of storage units shall be conducted on
the premises
PLANNING BOARD RECOMMENDATION:
The Planning Board recommended the
zoning text amendment by a vote of 7 to 0. There was no opposition to the
request.
Chairman Inman entertained a motion to
approve the submitted zoning text amendment.
Commissioner McHugh seconded and the motion
carried unanimously.
PUBLIC
COMMENTS
There were no public comments.
GENERAL
GOVERNMENT – PLANNING – COLONIAL FUNERAL HOME - UPDATE
Planning Director David Sudderth noted that
the Colonial Funeral Home was almost completed.
Director Sudderth noted that there may be
an issue regarding a driveway to the Funeral Home from Highway 704 in place of
Beasley School Road. At the present
time, there has been no request made to the Planning Department.
GENERAL
GOVERNMENT – PLANNING – PROPOSED C&D LANDFILL
County Manager Rick Morris requested
direction from the Board regarding scheduling a special planning board meeting
to be held December 29th for a zoning request for a C&D Landfill
access in Stokes County.
Manager Morris also noted that if approved
by the Forsyth County Planning Board on December 8th, the issue would probably
go to the Forsyth County Board of Commissioners in late January or early
February.
Director Sudderth noted that there is a
tentatively scheduled Planning Meeting for January 2006 with a Commissioners
Planning meeting tentatively scheduled for February 7, 2006.
Director Sudderth also noted that he would
be attending the Forsyth County Planning Meeting to be held on December 8,
2005.
Director Sudderth noted that at the present
time, no one had submitted a rezoning application.
The Board discussed the misinformation
being given to citizens, proposed C&D Landfill in Forsyth County, and the
direction the Board desires to proceed with scheduling meetings regarding the
proposed C&D Landfill in Forsyth County.
The Board scheduled no special planning
meeting at this time.
Attorney Don Nielson, representative for City/County
Utilities (Winston Salem/Forsyth County), was in attendance at the
meeting. Mr. Nielson noted that the
Planning Board had 60 days to submit their recommendation to the Forsyth County
Board of Commissioners.
GENERAL
GOVERNMENT – TAX ADMINISTRATION – R.E. CONRAD APPEALS
Chairman Inman opened the floor for
discussion regarding the R.E. Conrad’s appeals of personal property
values.
The Board continued further discussion
regarding the following appeals of mobile home values:
|
|
|
Tax
Administration's value |
|
Conrad's
Suggestive value |
|
1974 (12x60)
Single wide |
|
$4,540 |
|
$0 |
|
1995 (14x76)
Single wide |
|
$19,332 |
|
$3,000 |
|
1980 (14x56)
Single wide |
|
$4,604 |
|
$1,000 |
|
1993 (14x56)
Single wide |
|
$13,812 |
|
$2,500 |
|
1992 (26x56)
Double wide |
|
$37,400 |
|
$10,500 |
The
Board discussed the following regarding Mr. Conrad’s appeals:
·
Fair and consistent with other similar
mobile homes in the County
·
Marshall and Swift Pricing Guide
·
Condition of mobile homes in question
·
Other available resources for valuing
mobile homes
Commissioner McHugh moved to approve the
motion to deny the appeal requests on all the personal property excluding the
1992 double wide mobile home.
Motion died for lack of second.
The Board continued discussion.
The Board requested that the Tax Department
present the additional information at the December 12th meeting:
·
Any further justification for the valuation
·
Similar models valuation listed in the
County
·
Marshall and Swift Pricing Guide
·
Prior pricing guide used by the County for
mobile homes valuation
·
Be present at the December 12th
meeting
No action was taken by the Board regarding
the R. E. Conrad’s appeals.
GENERAL
GOVERNMENT – PUBLIC BUILDINGS – RELAY FOR LIFE ADVERTISEMENT ON COUNTY
PROPERTIES – GREENBOX SITES
County Manager Rick Morris requested
approval from the Board to allow the Stokes County Relay for Life committee to
place 3’x6’ signs at the entrances of each Greenbox site from February to June
2006 to advertise the event which is scheduled for June 9th and 10th
-2006.
This event is sponsored by the American
Cancer Society.
The Board discussed the signage being
placed on the fence rather than the entrance due to mowing, etc. and other non
profit, schools, churches, fire department events that would probably follow
this request.
Commissioner McHugh moved to approve the
request contingent upon their ability to place the signage on the fence.
Commissioner John Turpin seconded the
motion.
Commissioner Walker recommended that the
County Manager be given the flexibility to approve future requests.
The motion carried unanimously.
The Board unanimously agreed to allow the
County Manager to use his discretion on future requests, with any questionable
request being presented to the Board.
There being no further business to come
before the Board, Chairman Inman entertained a motion to adjourn the meeting.
Vice Chairman Joe Turpin moved to adjourn
the meeting.
Commissioner McHugh seconded and the motion
carried unanimously.
_________________________ _____________________________