) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) FEBRUARY 7, 2006
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, February 7, 2006 at 7:00 pm with the
following members present:
Chairman Leon Inman
Vice-Chairman
Joe Turpin
Commissioner Sandy McHugh
Commissioner John Turpin
Commissioner Jimmy Walker
(absent)
County
Personnel in Attendance:
Interim
County Manager/Clerk to the Board Darlene Bullins
Planning
Director David Sudderth
Chairman Inman called the meeting to order.
Planning Director David Sudderth delivered
the invocation.
Chairman Inman opened the meeting by inviting the citizens in
attendance to join the Board with the Pledge of
Allegiance.
PUBLIC HEARING
Chairman Inman
called the Public Hearing for the Rezoning Request #176-(M-1-CU to H-B) Junior
Building Corp/ Patrick Flinchum and Janice Nickell and Change of Conditional
Use Permit #164 Colonial Funeral Home (add an additional driveway access off of
NC HWY 704) to order.
The following
spoke in favor of the rezoning requests:
Barry Dodson
(on behalf of
Colonial Funeral Home)
PO Box 718
Madison, NC 27025
Mr. Dodson
requested the Board ratify the Planning Board’s decision for the Conditional
Use Permit for an additional driveway access off of NC HWY 704.
Pat Flinchum
(on behalf of
Junior Building Corporation)
1180 Bennett Lane
Walnut Cove,
NC 27052
Mr. Flinchum
spoke in favor of the rezoning request (M-1-CU to H-B), which would make it
easier to utilize the space.
There were no
other public comments.
Chairman Inman
closed the Public Hearing.
Planning Director David Sudderth presented
the request to rezone approximately 4.28 acres from M-1-CU (light manufacturing
conditional use) to H-B (highway business), site owner Junior Building
Corporation, applicants Patrick Flinchum and Janice R. Nickell.
REQUEST: Rezone approximately 4.28 acres from M-1-CU (Light
Manufacturing Conditional Use) to H-B (Highway Business)
SITE OWNER: Junior Building Corp.
APPLICANT: Patrick Flinchum
& Janice R. Nickell
SITE LOCATION: The property is located at 2620 NC 8 Hwy S on the
corner of NC Hwy 8 and NC Hwy 89 in the Meadows community.
Map:
695501 Parcel(s):
5451 & 5525 PIN #: 6955-01-15-5451
6955-01-15-5525
Deed
Book: 263 Page(s): 633 & 635 Township: Meadows
SITE INFORMATION:
PARCEL
SIZE: Total tract – two parcels 4.28 acres
ZONING
DISTRICT: M-1-CU (Light Manufacturing Conditional
Use)
PROPOSED
DISTRICT: H-B (Highway-Business)
FLOOD
HAZARD AREA: Not located in flood hazard area.
FIRM
MAP #: 370362 0100 B
FIRM
MAP ZONE: Zone X - Area outside 500-year floodplain.
WATERSHED
DISTRICT: No
SEPTIC/WATER
APPROVAL: Existing system,
system must be checked by Environmental Health section of Health Department.
Application has been made.
SCHOOL
DISTRICTS: N/A
EMERGENCY
SERVICES: South Stokes VFD, EMS - Station # 1 Walnut
Cove.
EROSION
CONTROL: N/A.
ACCESS:
The business has an existing driveway access off of NC
Hwy 8.
SURROUNDING
LAND USE:
The subject property is located at the NC Hwy 8 and NC
Hwy 89 intersection. The property is surrounded by commercial and residential
uses. The site was originally zoned H-B (Highway Business) when the zoning
ordinance was created in 1983. On December 5, 1995 the parcel was rezoned to
M-1-CU (Light Manufacturing Conditional Use) specifically for a machine shop.
The machine shop has since closed. The property owner rents this property for
commercial uses and is requesting the change due to the limitations of the
M-1-CU district to only manufacturing type activities. There are more
opportunities for the property to be leased for use under the Highway-Business
zoning district. The closest other H-B
(Highway Business) districts to the site are located to the north and east of
the site across the road. Directly across NC Hwy 8 & 89 are Meadows Self
Storage and the Dollar General store. The commercial property directly across
the road on NC Hwy 8 is vacant. The property due south and east of the site are
zoned RA (Residential Agricultural).
ISSUES
TO CONSIDER:
·
Impact of changing zoning classification on
surrounding development.
·
Impact on community infrastructure, roads,
public services etc.
·
Consistency with present pattern of
commercial development in the area.
·
Potential increase in sales tax revenue
from a retail commercial site.
STAFF
COMMENTS:
This property has been used for commercial purposes
since the zoning ordinance was adopted in 1983. The original zoning of the
property as a H-B (Highway Business) district attests to the viability of the
site as commercial retail property.
There are mixed land uses along NC Hwy 8 & 89. The rezoning of this
parcel would be consistent with the current commercial land use development in
the area. Commercial zones are located sporadically all the way from the town
limits of Danbury to the town limits of Walnut Cove. The rezoning request comes to the Board as a general use-zoning
district. As always, the Board should consider all the potential uses that are
associated with the general use H-B (Highway - Business) district and no one
particular use. On November 22, 2002 the Stokes County Planning Board voted 7
to 0 to table this rezoning request. They did so in response to concerns from
surrounding property owners about the subject property. There were 10 to 12
individuals who were concerned over the noise and traffic being generated by
the occupants of the building before the request was presented to the Board.
The occupants of the building were operating a business illegally at the time
of the request. The applicant at that time was not present at the meeting to
respond to the concerns of the neighbors or answer questions from the
Board. The Planning Board decision was
forwarded to the Board of County Commissioners who took no action on the
matter. The applicant later withdrew the request. The building has been vacant
since 2003.
PLANNING BOARD RECOMMENDATION:
The Planning Board voted 7 to 0 to recommend approval of the rezoning request.
The Board felt based on the properties past zoning history and the surrounding
commercial districts that the area was a good location for a general use
business district.
Director Sudderth noted that there had been
no opposition to the rezoning
request, but had one inquiry regarding trash in the area.
The Board discussed the rezoning request.
Chairman Inman
entertained a motion to accept or deny the request to rezone
approximately 4.28 acres from M-1-CU (light manufacturing conditional use) to
H-B (highway business), site owner Junior Building Corporation, applicants
Patrick Flinchum and Janice R. Nickel.
Vice Chairman Joe Turpin moved to rezone
approximately 4.28 acres from M-1-CU (light manufacturing conditional use) to
H-B (highway business), site owner Junior Building Corporation, applicants
Patrick Flinchum and Janice R. Nickell.
Commissioner McHugh seconded and the motion
carried (4-0) with Commissioner Walker absent.
Planning Director David Sudderth presented
the request to change the Conditional
Use Permit #164 – Colonial Funeral Home to include an additional
driveway access off of NC HWY 704.
REQUEST: The applicant is requesting a change in the Conditional Use permit issued on June 7, 2005. The
request is to add additional driveway access off NC Hwy 704. The approved site
plan has only one driveway access, which is located off of Hope Beasley Rd.
SITE OWNER: Colonial Funeral Home & Chapel
APPLICANT: Colonial
Funeral Home & Chapel
SITE LOCATION: The property is located at 1020 Hope Beasley Rd on
the corner of NC Hwy 704 and Hope Beasley Rd. (SR# 1615) in
Sandy Ridge area.
Map:
6060 Parcel:
0703 PIN
#: 6060-00-93-0703
Deed
Book: 534 Pages: 1765
Township: Snow Creek
SITE INFORMATION:
PARCEL
SIZE: Total tract 2.816 acres
ZONING
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 has given final approval for the septic system.
SCHOOL
DISTRICTS: N/A
EMERGENCY
SERVICES: Northeast Stokes VFD, EMS -
Station # 2 Lawsonville.
EROSION
CONTROL: Plan completed.
ACCESS:
The approved driveway access is located off of Hope
Beasley Rd. (SR# 1615) (NCDOT approved this commercial driveway permit).
ISSUES
TO CONSIDER:
·
Impact on surrounding development.
·
Impact on traffic along NC Hwy 704.
STAFF
COMMENTS:
The request to add an
additional driveway access to the site has been approved by the North Carolina
Department of Transportation. The applicant stated the additional access was
needed, because of the steep grade associated with the currently approved
access point located on Hope Beasley Rd. (SR# 1615). Major changes associated
with the Conditional Use permit and the approved site plan requires Board
approval before proposed changes can take place.
PLANNING
BOARD RECOMMENDATION: The Planning Board voted 8 to 0 to
recommend approval of the site plan change to add an additional driveway access
off of NC Hwy 704.
APPROVED
CONDITIONS:
Colonial
Funeral Home & Chapel #164
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. An
approved erosion control plan must be submitted.
14. Or
any other condition that the Boards may deem necessary at the time the project
is approved.
The Board
discussed the Conditional Use Permit change request.
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. (4-0)
Commissioner Walker absent
(b) The requested use is essential or desirable
to the public convenience or welfare. (4-0) Commissioner Walker absent
(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) Commissioner Walker absent
(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)
Commissioner Walker absent
(e) Adequate utilities, access roads, drainage,
sanitation and/or other necessary facilities have been or are being provided.
(4-0)
Commissioner Walker absent
(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) Commissioner Walker absent
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 Inman entertained a motion to
approve or deny the request to change the conditional Use Permit #164 –
Colonial Funeral Home for an additional driveway access off of NC HWY 704.
Commissioner John Turpin moved to approve
the request to change the Conditional Use Permit #164 – Colonial Funeral Home
to include an additional driveway access off of NC HWY 704.
Vice Chairman Joe Turpin seconded and the
motion carried (4-0) with Commissioner Walker absent.
Planning Director David Sudderth noted the
addition of item #15 (additional second access point) would be included in the
existing Conditional Use Permit.
PUBLIC
COMMENTS
There were no public comments.
GENERAL
GOVERNMENT – GOVERNING BODY – SCATTERED
SITE HOUSING GRANT (CDBG)
Interim County Manager Darlene Bullins
presented a request from NWPCOG- Rebecca Kassner who had been awarded the
administration of the NC Community Development Block Grant (CDBG) (Scattered
Site Housing Grant) regarding the program’s funding.
Ms. Bullins presented the following
timetable regarding the grant:
|
Time
Line |
|
|
|
Dates |
|
Letter
of confirmation of grant |
2/1/2004 |
|
|
|
|
Approval
to Continue Scattered |
10/11/2004 |
|
Site
Housing |
|
|
|
|
|
Approval
- NWPCOG -administration |
2/14/2005 |
|
|
|
|
Contract
Signed |
|
|
By
County |
2/14/2005 |
|
By
NWPCOG |
3/3/2005 |
|
|
|
|
Letter
Received from State |
3/10/2005 |
|
indicating
close out complete |
|
|
|
|
|
Letter
of close out completion |
|
|
faxed
to Rebecca-NWPCOG |
10/18/2006 |
|
|
|
|
Meeting
Rick, Lisa, Danny |
10/26/2005 |
|
for
new grant |
|
Ms. Kassner noted the following regarding
the Scattered Site Housing Grant (CDBG):
·
Applications were taken for the grant
·
NWPCOG was in contact with Raleigh
officials clearing out the previous grant
·
Difficulties working with representative in
Raleigh
·
Only two houses that are repairable
·
Several applications have already received
funding and are ineligible
·
Three or four houses need relocation
·
Was not notified by Raleigh officials that
funding was available for spending
·
Only a couple of months to allocate funding
·
Must hold a public hearing
·
Funding must be allocated by April 06
·
Funding must be expended by September 06
·
Stokes County will be eligible for another
round of funding 2007
With the time constraints, Ms. Kassner
offered the following options regarding the Scattered Site Housing Grant
(CDBG):
1. Withdraw
and start over with the 2007 funding allocation
2. Do
not continue this round of funding due to time constraints
3. Do
what we can with the time left - relocations
Ms. Kassner explained that with
relocations, the house is un-repairable and the only solution is to demolish
and replace the dwelling. Ms. Kassner
presented information regarding the needed repairs pertaining to the
applications that had been received by the NWPCOG.
The Board discussed issues regarding the
State’s participation, reasons why the current grant was not considered closed,
using grant funding for relocations (pros and cons),comments regarding projects
done under the previous grant, and the need to help as many citizens in the
County as possible.
Planning Director David Sudderth noted that
his paperwork indicated that the Grant was officially closed out March 2005
even though Mr. Dennis Branch – Raleigh had made two additional visits to the
County after the closing date of the correspondence.
Chairman Inman entertained a motion
regarding the Scattered Site Housing Grant (CDBG).
Commissioner John Turpin moved to deny
funding for the Community Block Housing Grant.
Commissioner McHugh seconded and the motion
carried (4-0) with Commissioner Walker absent.
GENERAL
GOVERNMENT – GOVERNING BODY – PROPOSED COMMENTS TO FCC REGARDING CABLE
FRANCHISING
Clerk to the Board Darlene Bullins
presented “Comments to FCC regarding Cable Franchising” prepared by County
Attorney Jonathan Jordan for the Board’s consideration.
The comments are in support of the comments
filed by the National Association of Telecommunications Officers and Advisors
(NATOA) which believes that local governments can issue an appropriate local
franchise for new entrants into the video services field on a timely basis,
just as they have for established cable services providers. The comments from Stokes County are designed
to inform the FCC about the facts of video franchising in our County.
County Attorney Jordan requested the Board
consider a motion to allow the County Attorney to submit comments along the
lines of this draft version to the FCC and/or the Piedmont Triad Council of
Governments.
Comments are due on Friday, February 10,
2006.
Chairman Inman entertained a motion to
allow the County Attorney to submit comments along the lines of this draft
version to the FCC and/or the Piedmont Triad Council of Governments.
Commissioner McHugh moved to allow the County
Attorney to submit comments along the lines of this draft version to the FCC
and/or the Piedmont Triad Council of Governments.
Vice Chairman Joe Turpin seconded and the
motion carried (4-0) withCommissioner Walker absent.
(A copy of the Comments will be retained
by the Clerk to the Board & the County Attorney)
GENERAL
GOVERNMENT – GOVERNING BODY – AWARDS COMMITTEE
Clerk to the Board Darlene Bullins
requested a member from the Board of Commissioners to serve with Chairman Inman
on the Special Achievement Awards Committee.
Vice Chairman Joe Turpin volunteered to
serve the Special Achievement Awards Committee.
CLOSED
SESSION
Chairman Inman entertained a motion to
enter into closed session for the following:
·
To consider and take action to the position to be taken by the County
in negotiating the price or other materials terms of an agreement for the
acquisition or lease of real property pursuant to G.S. 143-318.11(a)(5).
Commissioner John
Turpin moved to enter into closed session for the following:
·
To consider and take action to the position to be taken by the County
in negotiating the price or other materials terms of an agreement for the
acquisition or lease of real property pursuant to G.S. 143-318.11(a)(5).
Commissioner McHugh seconded and the motion
carried (4-0) with Commissioner Walker absent.
GENERAL
GOVERNMENT – GOVERNING BODY – NC HELPING NEIGHBORS
Interim County Manager Darlene Bullins
informed the Board that the County could be receiving additional funding for
the NC Helping Neighbors (Katrina evacuees) due to counties not participating
in the program.
ADJOURNMENT
There being no further business to come
before the Board, Chairman Inman entertained a motion to adjourn the meeting.
Commissioner John Turpin moved to adjourn
the meeting.
Commissioner McHugh seconded and the motion
carried (4-0) with Commissioner Walker absent.
_________________________
_____________________________