) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) FEBRUARY 6, 2007
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 6, 2007 at 7:00 pm with the following members present:
Chairman Leon Inman
Vice-Chairman
Jimmy Walker
Commissioner
Ron Carroll
Commissioner
Ernest Lankford
Commissioner
Stanley Smith
County
Personnel in Attendance:
Clerk
to the Board/Interim County Manager Darlene Bullins
Planning
Director David Sudderth
Chairman Leon Inman called the meeting to order.
Commissioner Carroll 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 – SPECIAL USE
REQUEST #188 – BIO-GRID L.L.C. – LAND CLEARING/INERT DEBRIS LANDFILL-MINOR
(OFF-SITE) COMMERCIAL
Chairman Inman opened the Public Hearing for the Special
Use Request #188 –
Bio-Grid L.L.C – Land
Clearing/Inert Debris Landfill – Minor (Off-site) Commercial.
There were no public comments.
Chairman Inman closed the Public Hearing.
PUBLIC HEARING – REZONING REQUEST
#189 – BIO-GRID L.L.C. –
(RA to H-B-CU) (YARD WASTE
RECYCLING-RETAIL)
Chairman Inman opened the Public Hearing for the Rezoning
Request #189 –
Bio-Grid L.L.C (RA to
H-B-CU) – Yard Waste Recycling – Retail.
There were no public comments.
Chairman Inman closed the Public Hearing.
PUBLIC HEARING – REZONING REQUEST
#190– MARK DURRETT
(RA to H-B-CU) – BOAT STORAGE –
MINI STORAGE WAREHOUSE
Chairman Inman opened the Public Hearing for the Rezoning
Request #190 –
Mark Durret (RA to
H-B-CU) Boat Storage – Minim Storage Warehouses.
There were no public comments.
Chairman Inman closed the Public Hearing.
PUBLIC HEARING – REZONING REQUEST
#191 – DAVID MINTER –
(RA to M-1-CU)
CABINET/WOODWORKING SHOP
Chairman Inman opened the Public Hearing for the Rezoning
Request #191 –
David Minter (RA to
M-1-CU) Cabinet/Woodworking Shop.
There were no public comments.
Chairman Inman closed the Public Hearing.
PUBLIC HEARING – REZONING REQUEST
#192 – M.L.I. (RA to RE-CU)
(21 LOT RESIDENTIAL SUBDIVISION)
Chairman Inman opened the Public Hearing for the Rezoning
Request #192 –
M.L.I. (RA to RE-CU)
21-Lot Residential Subdivision.
There were no public comments.
Chairman Inman closed the Public Hearing.
PUBLIC COMMENTS
There were no public
comments.
PUBLIC HEARING – SPECIAL USE REQUEST
#188 – BIO-GRID L.L.C. – LAND CLEARING/INERT DEBRIS LANDFILL-MINOR (OFF-SITE)
COMMERCIAL
Planning
Director David Sudderth presented the follow Planning Board
recommendation regarding Rezoning Request
#188:
The
Board unanimously agreed to consider Rezoning Request #188 after a
recommendation from the Planning Board.
The following information was included in
the agenda packet:
Special Use Permit Request - Bio-Grid L.L.C. # 188
(Land Clearing / Inert Debris Landfill, Minor (Off-site)
Commercial)
Planning Board voted unanimously to table
this request for further review.
REQUEST: Bio-Grid
L.L.C is requesting a Special Use permit for the construction of a (LCID - Land
Clearing / Inert Debris Landfill, Minor (Off-site) Commercial)
SITE OWNER: Earline Edwards Miller
APPLICANT: Earline Edwards Miller
SITE LOCATION: The property is located on the north side of Payne
Rd. approximately .7 mile from the intersection of Payne Rd. (SR# 1961) NC Hwy
66.
Map: 691204 Parcel: 7478 PIN
#: 6912-04-61-7478
Deed Book: 169 Page: 44 Township:
Yadkin
SITE INFORMATION:
PARCEL SIZE: Total
tract 18.190 acres
ZONING DISTRICT: RA
(Residential Agricultural)
FLOOD HAZARD AREA:
Not located in flood hazard area.
FIRM MAP #:
3710691200J
FIRM MAP ZONE: Zone X -
Area outside 500-year floodplain.
WATERSHED DISTRICT:
N/A
EMERGENCY SERVICES:
Rural Hall VFD, EMS - Station # 103 Pinnacle.
ACCESS:
Access for the site would be from Payne Rd. (SR# 1961). A commercial driveway
access would have to be approved by the North Carolina Department of
Transportation, (NCDOT).
SEPTIC/WATER APPROVAL:
Ryan Deel, RS, is evaluated the site for a septic disposal system on January
24, 2007. He was unable to find a suitable area for a system in the area the
applicant proposed.
SURROUNDING
PROPERTY: The proposed site is located in an area
of residential and agricultural uses. Payne Rd. is a lightly developed
secondary road running between NC Hwy 66 and Friendship Rd. (SR# 1955). There
are residential homes adjacent to the proposed site.
STAFF COMMENTS:
The site plan has been developed to comply with the zoning ordinance special
use standards for a Land Clearing / Inert Debris Landfill. The site plan also
includes a conditional use-rezoning request for a Yard Waste Recycling Area.
This rezoning is a separate issue from the special use permit request. After
reviewing the site plan there was a .420-acre tract of land, (parcel
6912-04-71-2536) owned by Earlene Edwards Miller included on the site plan that
was not identified as a separate tract. This parcel is located in the southeast
portion of the site plan fronting on Payne Rd. The site plan incorporates this
parcel but the application did not request that parcel be included in the request,
therefore it was not advertised as part of the request. The applicant, Mitch
Crumley has been notified and stated that it was an oversight. I did not find
this problem until after the public notice and mailings were sent. If this
parcel is to be included as part of the request as shown on the site plan, it
should be re-advertised to include the additional .420-acre parcel and the site
plan be revised to indicate the parcel. Stokes County currently does not have a
facility that can accept LCID fill. The County owned landfill allows some
Construction and Demolition, (C&D) materials to be deposited. The County
owned landfill is only a transfer station. All the waste deposited at the
landfill and green box sites is transferred to permitted landfills in Forsyth
County. Jay Kinney, Public Works Director for the county stated that the county
landfill would accept only wood type products and that no concrete or asphalt
products could be accepted. The applicant is specifically stating that the site
be for beneficial fill only. LCID sites less than two (2) acres in size do not
require permits from the state. There is however requirements regulating the
operation of these facilities. The State of North Carolina’s definition of
beneficial fill states the following.
0562 BENEFICIAL FILL
A permit is not required for beneficial
fill activity that meets all of the following conditions:
(1) The fill material consists only of
inert debris strictly limited to concrete, brick, concrete block,
uncontaminated soil, rock, and gravel.
(2) The fill activity involves no
excavation.
(3) The purpose of the fill activity is
to improve land use potential or other approved beneficial reuses.
(4) The fill activity is not exempt from,
and must comply with, all other applicable Federal, State, and Local laws,
ordinances, rules, and regulations, including but not limited to zoning
restrictions, flood plain restrictions, wetland restrictions, mining
regulations, sedimentation and erosion control regulations. Fill activity shall
not contravene groundwater standards.
History Note: Statutory Authority G.S.
130A-294; Eff. January 4, 1993.
GS 130A-294 (m)
(m) Demolition debris consisting of used asphalt or used asphalt mixed
with dirt, sand, gravel, rock, concrete, or similar nonhazardous material may
be used as fill and need not be disposed of in a permitted landfill or solid
waste disposal facility. Such demolition debris may not be placed in the waters
of the State or at or below the seasonal high water
The following list are the items that can and cannot be allowed in
a LCID landfill.
Inert Debris
Landfills
Acceptable Materials:
Unacceptable Materials
Zoning requirements for Land
Clearing / Inert Debris Landfill (LCID)
Land Clearing / Inert Debris Landfill Minor (Off-site) For
Profit
1. Any landfill shall obtain all
applicable permits and comply with the standards of the Stokes County
Environmental Health Department and the State of North Carolina. All approved permits shall be submitted in
the site plan to the Planning Department prior to issuance of the special use
permit.
2. Driveway access to the facility shall
be paved and must directly connect to a road that is maintained the by NC
DOT. Residential and gravel roads shall
not be allowed for access.
3. All driveways which serve the site
shall be wide enough to accommodate two way traffic at all times and an area on
the site shall be provided accommodate vehicles entering the site so that no
traffic waiting to enter the site will be backed up on any public right-of-way.
4. The maximum area of the site shall be
limited to two (2) acres.
5. A minor landfill shall be limited to a
maximum period of operation of three (3) years from the date of issuance of the
special use permit.
6. No portion of any such landfill shall
be located within 100 feet of any exterior property line. This includes structures, equipment storage,
parking areas, and fill areas. Access
drives may cross this area but not be placed laterally through this area.
7. The fill area shall be located at
least 100 feet from any existing drinking water well at the time of approval.
8. A fifteen (15) foot evergreen tree
buffer of at least 6 ft. in height shall be retained around the exterior
property line.
9. Vehicular and pedestrian access to the
site must be controlled; the site must be closed and secured during hours of
non-operation.
10. Operation of use shall be between the
times of 7:00am and 5:00pm, Monday through Saturday.
11. No filling of any kind is allowed
within 100 feet of the regulatory flood plain or floodway fringe or within any
drainage ways.
12. The landfill operator shall be
responsible for removal of any and all debris, dirt, or other materials that
fall from vehicles entering or leaving the landfill from all adjoining
streets. Failure to comply shall
constitute a violation of this ordinance and shall constitute grounds for
revocation of the operating permit.
13. A surety bond or irrevocable letter
of credit in an amount to be determined by the County Manager and with
consultation with a consulting engineer shall be provided to ensure that any
active landfill area will be closed in an approved fashion. The amount of the bond will be based upon
the maximum acreage expected to be in use at any given time. No more than 25%
of the total area to be filled may be actively used at any one time.
14. A reclamation plan shall be provided
to show how the site will be reclaimed upon the closing of the landfill. Upon
closure, a minimum of one (1) foot of clean soil, graded to maximum slope of
three to one (3:1), and stabilized with vegetation or by other approved means.
ISSUES TO CONSIDER: As
with all Special Use petitions the Board should consider all the impacts both
positive and negative that a proposal brings with it. Since the proposal is a
Special Use request, the Board may discuss the application in detail.
The Zoning Requirements for issuing a
Special Use Permit are:
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.
136.8 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.
(b) The
requested use is essential or desirable to the public convenience or
welfare.
(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.
(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.
(e) Adequate
utilities, access roads, drainage, sanitation and/or other necessary facilities
have been or are being provided.
(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.
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.
PUBLIC HEARING – REZONING REQUEST
#189 – BIO-GRID L.L.C. –
(RA to H-B-CU) (YARD WASTE
RECYCLING-RETAIL)
Planning
Director David Sudderth presented the follow Planning Board
recommendation regarding Rezoning Request
#189:
The Board unanimously agreed to consider Rezoning
Request #189 after a
recommendation from the Planning Board.
The following information was included in
the agenda packet:
Bio-Grid L.L.C. RA
to H-B-CU# 189
Planning Board voted unanimously to table
this request for further review.
REQUEST: Rezone approximately 1.99 acres from RA (Residential
Agricultural) to
H-B (Highway Business Conditional Use)
for “Yard Waste Recycling” retail.
SITE OWNER: Earline Edwards Miller
APPLICANT: Bio-Grid
L.L.C.
SITE LOCATION: The property is located on Payne Rd. (SR# 1961) .7
miles from the intersection with NC Hwy 66.
Map: 691204 Parcel: 7478 PIN
#: 6912-04-61-7478
Deed Book: 169 Pages: 44 Township:
Yadkin
SITE INFORMATION:
PARCEL SIZE: Total
tract 18.19 acres
AREA PROPOSED: 1.99
acres, two areas on site – 1.5 ac. and .49 ac.
ZONING DISTRICT: RA
(Residential Agricultural)
PROPOSED DISTRICT:
H-B-CU (Highway Business Conditional Use)
FLOOD HAZARD AREA:
N/A.
FIRM MAP #:
3710691200J
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:
Ryan Deel, RS, is evaluated the site for a septic disposal system on January
24, 2007. He was unable to find a suitable area for a system in the area the
applicant proposed.
SCHOOL DISTRICTS: N/A
EMERGENCY SERVICES:
Rural Hall VFD, EMS - Station # 103 Pinnacle.
EROSION CONTROL:
Applicable if more than (1) one acre of land is disturbed during the
construction process.
ACCESS: The
proposed business will have driveway access off of Payne Rd. (SR# 1961); NCDOT
must approve a commercial driveway permit.
SURROUNDING LAND USE:
The subject property is currently vacant with the exception of four (4)
abandoned buildings, which would be removed. The adjacent property consists of
residential and agricultural uses. The closest commercial property is located
approximately .7 mile away at the intersection of Payne Rd. and NC Hwy 66.This
property, Sharpe Printing and Friends Mart is zoned H-B (Highway Business).
ISSUES TO CONSIDER:
STAFF COMMENTS:
The rezoning request comes to the Board as a conditional use-zoning district;
you may discuss the plan in detail. The request for a “Yard Waste Recycling
Area” is viewed as a retail commercial use of the property. The request is tied
into the special use request for the 1.99- acre LCID landfill that is shown on
the site plan.
The Yard Waste Recycling facility would
be located on approximately 1.99 acres of land. The facility cannot process
more than 6,000 cubic yards of material per quarter or have more than 6,000
cubic yards of processed material on site at any given time. Falling under
these guidelines would allow the facility to operate without having a state
permit. As stated previously, there is a parcel of land shown on the site plan
that was not included in the application or advertised in the public notice.
The staff recommendation concerning this proposal would be the same as
recommended for the special use request. Payne Rd. has one commercial Highway
Business development located at the corner of Payne Rd. and NC Hwy 66. The conditional use aspect of the rezoning
request would allow the Board to address some of the issues associated with
commercial development such as buffers and site location of facilities on the
property. It will not be able to alleviate traffic and noise potentially
generated by the facility. Although Payne Rd. is not an area of high-density
residential development, this site is adjacent to and visible to multiple
residents who live adjacent to the property.
Proposed Conditions for Bio-Grid L.L.C. H-B-1CU #189
1) The use allowed will be for a “Yard Waste Recycling facility”.
2) NCDOT must approve a commercial driveway access for
the site coming off Payne Rd. (SR# 1961).
3) Applicant shall provide a paved driveway apron at
approved access point with Payne Rd. (SR# 1961).
4) Adequate buffers shall be maintained to shield
structures and activity from adjoining residential property.
5) Applicant shall adhere to all applicable Federal,
State, and local laws.
6) 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. Exercise
of permit will require the applicant to obtain and maintain a valid building
permit for the structure from the Stokes County Inspections Department.
7) 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.
8) Any structure shall post a visible lot number in a
numbering scheme approved by the County to facilitate rapid emergency response
(E- 911).
9) 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.
10) 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.
11) 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.
12) 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.
13) 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.
14) Or any other condition that the Boards may deem
necessary at the time the project is approved.
The Board may want to consider additional
conditions concerning signage, storage, buffering, and access or any other
condition the Board may deem applicable based on public comment or observation.
All conditional use permits must be exercised within one (1) year or they
expire.
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.
(b) The
requested use is essential or desirable to the public convenience or welfare.
(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.
(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.
(e) Adequate
utilities, access roads, drainage, sanitation and/or other necessary facilities
have been or are being provided.
(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.
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.
GENERAL GOVERNMENT – REZONING
REQUEST #190– MARK DURRETT
(RA to H-B-CU) – BOAT STORAGE –
MINI STORAGE WAREHOUSE
Planning
Director David Sudderth presented Rezoning Request #190- Mark Durrett
to rezone approximately 2.661 acres from
RA (Residential Agricultural) to H-B (Highway
Business- Conditional Use) for “Boat
Storage/Mini Storage Warehouses”.
Mark Durrett - RA to H-B-CU # 190
REQUEST: Rezone approximately 2.661 acres from RA
(Residential Agricultural) to
H-B (Highway Business – Conditional Use)
for “Boat Storage / Mini Storage Warehouses”.
SITE OWNER: Mark Durrett
APPLICANT: Mark
Durrett
SITE LOCATION: The property is located on Pine Hall Rd. SR# 1908
across from Withers Chapel United Methodist Church.
Map: 6983 Parcel: portion of
4336 PIN #: 6983-00-70-4336
Deed Book: 479 Page: 2428 Township:
Sauratown
SITE INFORMATION:
PARCEL SIZE: Total
tract 11.33 acres. Area proposed for rezoning 8.909 acres
ZONING DISTRICT: RA
(Residential Agricultural)
PROPOSED DISTRICT:
H-B (Highway Business – Conditional Use) Minimum lot size is 20,000 sq. ft.
(.459 acre)
FLOOD HAZARD AREA:
Not located in flood hazard area.
FIRM MAP #:
3710698200J
FIRM MAP ZONE: Zone X -
Area outside 500-year floodplain.
WATERSHED DISTRICT: WS
IV – Dan River - Madison intake.
SEPTIC/WATER APPROVAL: Since there will be no manager or employees
on site it is not required to have septic disposal facilities. If an office is
established, a septic system will be required.
SCHOOL DISTRICTS: N/A
EMERGENCY SERVICES:
Stokes Rockingham VFD, EMS - Station # 101 Walnut Cove.
EROSION CONTROL: When
construction begins if necessary.
ACCESS: The
proposed business would have a driveway access off of Pine Hall Rd. (NCDOT must
approve any new commercial driveway permit).
SURROUNDING LAND USE:
The subject property is located on Pine Hall Rd. across from Withers Chapel
United Methodist Church. The surrounding land use consists of mixed residential
uses and agricultural land. The nearest commercial development is the Duke
Energy Steam station at Belews Creek. The nearest H-B (Highway Business)
district is located approximately .6 mile away.
ISSUES TO CONSIDER:
STAFF COMMENTS:
The rezoning request comes to the Board as a conditional use-zoning district;
you may discuss the development plan of the proposed “Boat Storage / Mini
Storage Warehouses” facility in detail. The applicant is proposing to construct
three (3) 60 ft. by 120 ft. (7200 sq. ft.) single story storage facilities in
three (3) phases. The primary use would be for Boat Storage due to the close
proximity to the Pine Hall Boat access on Belews Lake. The request for this use
was considered to fall under the same category as mini-storage warehouses. The
applicant indicated that customers might want to store other items in the
facility. The applicant has contacted NCDOT and begun the process of obtaining
a commercial driveway permit. The Board should take into consideration the
future potential of the area for other commercial, agricultural or residential
growth. 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. The
Planning staff has no major concerns about the request.
PLANNING BOARD RECOMMENDATION: The Planning Board voted 8 to 0 to recommend approval of
request # 190 RA to H-B-CU for a “Boat Storage / Mini-Storage warehouses” by
Mark Durrett. The Board also recommended approval of the Conditional Use permit
attached to the rezoning request with the following recommended conditions. Mr.
Durrett verbally agreed to the proposed conditions.
There was no opposition
regarding the rezoning request. Ms.
Sandra Bankert who
currently resides in Georgia called
requesting information regarding the traffic and security
in the area.
The
Board discussed the Rezoning Request and commended Mr. Durrett for
speaking individually to neighbors
regarding the Rezoning Request and his
entrepreneurship.
Chairman Inman entertained a motion
regarding the Rezoning Request #190-Mark
Durrett
– RA to H-B-CU.
Commissioner Lankford moved to approve the Rezoning Request #190- Mark
Durrett to rezone approximately 2.661
acres from RA (Residential Agricultural) to H-B
(Highway Business- Conditional Use) for
“Boat Storage/Mini Storage Warehouses”.
The
motion was unanimous.
Planning
Director David Sudderth explained the following Recommended
Conditions for Mark Durrett – RA to
H-B-CU #190:
Director
Sudderth reiterated the following conditions regarding the Mini-Storage
Warehouses:
1) The maximum height of the building (s)
shall be (20) ft.
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 rental
of storage units shall be conducted on the premises.
The Board discussed recommended condition
#12 regarding security lighting and
recommended condition #16 regarding vegetative buffer.
The Board recommended adding the
following to the recommended condition #16-
and
in other locations as deemed necessary by the Planning Department and the
applicant.
The
existing tree buffer will be left in tact.
Mr. Durrett approved
the modification to the recommended condition #16.
Director Sudderth
reviewed the following regarding a conditional use permit and
requested the Board’s
response to each of the following
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 regarding the Conditional Use Permit for
Rezoning Request #190.
Commissioner Lankford moved to approve the Conditional
Use Permit with the
modification to condition
#16. The motion was unanimous.
GENERAL GOVERNMENT - REZONING REQUEST #191 – DAVID P.
MINTER –
(RA to M-1-CU)
CABINET/WOODWORKING SHOP
Planning
Director David Sudderth presented Rezoning Request #190- David P.
Minter to rezone approximately 1.310
acres from RA (Residential Agricultural) to
M-1-CU (Light Manufacturing Conditional
Use) for a “Cabinet / Woodworking Shop”.
REQUEST: Rezone approximately 1.310 acres from RA
(Residential Agricultural) to
M-1-CU (Light Manufacturing Conditional Use) for a “Cabinet /
Woodworking Shop”.
SITE OWNER: David P. Minter
APPLICANT: David P.
Minter
SITE LOCATION: The property is located on north side of Charlie
Francis Rd. (SR# 1618) near the Virginia state line.
Map: 6061 Parcel:
portion of 7412 PIN #: 6061-00-28-7412
Deed Book: 537 Pages: 469 Township: Snow Creek
SITE INFORMATION:
PARCEL SIZE: Total
tract 10.09 acres
AREA PROPOSED: 1.310 ACRES
ZONING DISTRICT: RA
(Residential Agricultural)
PROPOSED DISTRICT:
M-1-CU (Light Manufacturing Conditional Use)
FLOOD HAZARD AREA:
Not located in flood hazard area.
FIRM MAP #:
3710694400J
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: The site has been evaluated and was found to
be suitable for septic disposal for the requested use by Ryan Deel, RS.
SCHOOL DISTRICTS: N/A
EMERGENCY SERVICES: Northeast Stokes VFD, EMS - Station #
102 Lawsonville.
EROSION CONTROL: N/A
ACCESS: The
proposed facility would have a commercial driveway access off of Charlie
Francis Rd. (SR# 1618) NCDOT has approved a commercial driveway permit for the
proposed site.
SURROUNDING LAND USE:
The subject property is located on Charlie Francis Rd. near the Virginia state
line. The surrounding land use consists of mixed residential, agricultural
uses.
ISSUES TO CONSIDER:
·
Potential tax base
increase due to commercial development.
·
Impact on existing and
future surrounding development.
·
Impact on community
infrastructure, roads, public services etc.
·
Need of services provided.
·
Community acceptance
STAFF COMMENTS:
The rezoning request comes to the Board as a conditional use rezoning in the
M-1 (Light Manufacturing) zoning district; you may discuss the development plan
of the proposed “Cabinet / Woodworking Shop” in detail. The nearest commercial
businesses would be located in Virginia. The closest commercial districts in
Stokes County would be located on Hope Beasley Rd. and NC Hwy 704. The pattern
of mixed development is common throughout the county where residential commercial,
and agricultural activities are interspersed along a road. This request is
similar to past rezoning petitions, Nello Martin, June 2006 RA to M-1-CU
(Heating and Air Conditioning), Akers Steele, October 2005 RA to M-1-CU
(Machine, Welding and Equipment Repair Shop), William Hall, December 2005 RA to
M-1-CU (Manufacturing Building Materials – Cast Stone). All these sites were
located off of secondary state roads and were relatively small parcels. The
applicant proposes to utilize an existing permitted 30 x 40 metal building for
the shop. This building will meet code for the proposed use. The conditional
use aspect of the request would allow the Board the opportunity and ability to
regulate the proposed use and any potential uses on the property, as well as
the ability to address any environmental or neighborhood concerns that might
arise if the proposal is approved. As always the Board should pay close
attention to the potential effects the rezoning petition will have on the
surrounding property and community. The Planning staff does not have any major
concerns with this request.
PLANNING BOARD RECOMMENDATION: The Planning Board voted 8 to 0 to recommend approval of
request # 191 RA to M-1-CU for a “Cabinet / Woodworking Shop” by David Minter.
The Board also recommended approval of the Conditional Use permit attached to
the rezoning request with the following recommended conditions. Mr. Minter
verbally agreed to the proposed conditions.
Planning
Director Sudderth noted that there were no calls or concerns regarding the
rezoning request, no nearby neighbors,
inspection for occupancy already approved, and
NCDOT has already approved a commercial
driveway permit for the proposed site.
Mr.
Minter discussed the plans for the cabinet/woodworking shop, which will
specialize in custom historical windows.
The
Board discussed the rezoning request.
Chairman Inman entertained a motion regarding the Rezoning Request
#191-
David
P. Minter – RA (Residential Agricultural to M-1-CU (Light Manufacturing
Conditional
Use) for a Cabinet/Woodworking Shop.
Commissioner Carroll moved to approve the Rezoning Request #191 – David
P. Minter - RA (Residential Agricultural)
to M-1-CU (Light Manufacturing Conditional
Use) for a “Cabinet / Woodworking
Shop”.
The motion was unanimous.
Planning
Director David Sudderth explained the following Recommended
Conditions for David P. Minter – RA to M-1-CU #191:
1) The use allowed will be for a “Cabinet / Woodworking
Shop”.
2) NCDOT must approve a commercial driveway access for
the site coming off Charlie Francis Rd. (SR# 1618).
3) Applicant shall adhere to all applicable Federal,
State, and local laws.
4) 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.
5) 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.
6) Any structure shall post a visible lot number in a
numbering scheme approved by the County to facilitate rapid emergency response
(E- 911).
7) 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.
8) 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.
9) Upon written request by the County, evidence of compliance with any of these conditions shall be provided to the County within ten (10) days after each request.
10) If any of the conditions shall be found to be
unreasonable, invalid or otherwise impermissible by a court of competent jurisdiction
then the County may impose such alternative reasonable conditions as it finds
to be necessary and appropriate.
11) If any of these conditions once met are not
continuously maintained, the permit may be revoked by the County upon the
failure of the owner/developer to cure the deficiency in any specific condition
within thirty (30) days after written notice to the owner/developer of the
specific failed condition.
12) The parcel shall be recorded separately by deed or
plat from the parent parcel.
13) Or any other condition that the Boards may deem
necessary at the time the project is approved.
Mr. Minter agreed to all
of the recommended conditions.
Director Sudderth
reviewed the following regarding a conditional use permit and
requested the Board’s
response to each of the following
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)
Chairman Inman entertained a motion regarding the Conditional Use Permit for
Rezoning Request #190.
Commissioner Lankford moved to approve the Conditional
Use Permit for Rezoning
Request #191. The motion was unanimous.
GENERAL GOVERNMENT – REZONING
REQUEST #192 – M.L.I. (RA to RE-CU)
(21 LOT RESIDENTIAL SUBDIVISION)
Planning
Director David Sudderth presented Rezoning Request #192- M.L.I. to
rezone approximately 39.528 acres from RA
(Residential Agricultural) to RE-CU
(Residential Exclusive Conditional Use)
for a 21-lot residential subdivision.
M.L.I. Inc. - RA to RE-CU # 192
REQUEST: Rezone approximately 39.528 acres from RA
(Residential Agricultural) to RE-CU (Residential Exclusive Conditional Use) for
a 21-lot residential subdivision.
SITE OWNER: M.L.I. Inc
APPLICANT: M.L.I. Inc
SITE LOCATION: The property is located on Piney Mountain Rd.
(SR#1935) approximately .5 miles from the intersection of NC Hwy 8 and Piney
Mountain Rd.
Map: 6944 Parcel(s):
4869 PIN #: 6944-03-23-4869
Deed Book(s): 555 Page(s): 2409 Township:
Meadows
SITE INFORMATION:
PARCEL SIZE: Total
tract 39.528 acres
ZONING DISTRICT: RA
(Residential Agricultural)
PROPOSED DISTRICT:
RE-CU (Residential Exclusive Conditional Use)
TOTAL LOTS: Proposed 21-lot subdivision.
LOT SIZES: Range from 1.003 acres to 3.975 acres
FLOOD HAZARD AREA:
Not located in flood hazard area.
FIRM MAP #:
3710694400J
FIRM MAP ZONE: Zone X -
Area outside 500-year floodplain.
WATERSHED DISTRICT: N/A
SEPTIC/WATER APPROVAL:
Mr. Joseph A. Hinton a licensed soil scientist has evaluated the site for
septic disposal. This report was prepared in August 2006 for Tim Montgomery who
is the representative for M.L.I. Inc. Individual septic permits will have to be
issued for each proposed lot by the Stokes County Health Department,
(Environmental Health Section).
SCHOOL DISTRICTS: Germanton
Elementary, Southeastern Middle, South Stokes High
EMERGENCY SERVICES:
South Stokes VFD, EMS - Station # 101 – Walnut Cove.
EROSION CONTROL: Plan
would be submitted at permitting phase and for construction with North Carolina
Division of Environment Health and Natural Resources, (DEHNR) if necessary.
ACCESS: Main
subdivision access for would be off of Piney Mountain Rd. (SR# 1935).
One (1) lot is proposed to access directly off Piney Mountain Rd. The other
proposed 20 lots would access off of newly developed paved roads within the
subdivision. The developer has proposed two (2) cul-de-sac roads off the
primary road in the development. The developer would be required to submit
information to NCDOT to obtain the subdivision driveway approval and the
approval of roads within the subdivision.
SURROUNDING LAND USE:
The subject property is currently vacant. The surrounding property on all sides
is zoned RA (Residential Agricultural) and is either vacant or used for
residential purposes. Piney Mountain Meadows, a 12-lot residential subdivision
is located adjacent to and east of the property. Piney Mountain Rd is primarily
residential along its entire length from NC Hwy 8 to Brook Cove Rd. There are
some scattered commercial uses on Piney Mountain Rd. although none are near the
proposed site.
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.
·
Density of development
STAFF COMMENTS:
This rezoning request comes to the Board as a request for a conditional use
rezoning for a 21-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. A subdivision consisting
of 21- lots on a new state maintained road should not have a major impact the
surrounding property or the infrastructure in the general area, however the
Board should be taken in consideration the County and immediate community’s
ability to serve new residences. The
subdivision review committee will have to review the subdivision proposal on
its technical merits if approved by the Board.
PLANNING BOARD RECOMMENDATION: The Planning Board voted 8 to 0 to recommend approval of
request # 192 RA to RE-CU for a “21-lot residential subdivision” by M.L.I. Inc.
The Board also recommended approval of the Conditional Use permit attached to
the rezoning request with the following recommended conditions. Mr. Tim
Montgomery representing M.L.I. Inc. verbally agreed to the proposed conditions.
Planning
Director Sudderth noted there were inquiries from two adjacent property
owners who had questions regarding the
rezoning request, all questions were answered to
the property owners’ satisfaction.
The
Board discussed the best use of the land in the area, effects on the surrounding
schools, lot sizes, and square footage of
projected homes.
Chairman Inman entertained a
motion regarding the Rezoning Request #192- M.L.I.
to rezone approximately 39.528 acres from
RA (Residential Agricultural) to RE-CU
(Residential Exclusive Conditional Use)
for a 21-lot residential subdivision.
Commissioner Smith moved to approve the Rezoning
Request #192- RA
(Residential Agricultural) to RE-CU
(Residential Exclusive Conditional Use) for a 21-lot
residential subdivision.
Planning Director David Sudderth
explained the following Recommended
Conditions for M.L.I. RE-CU #192:
4.
Adequate storm
water facilities shall be provided for each lot, including the placement of
NCDOT approved drain tile under each driveway if necessary.
5.
The developer
owner shall maintain all roads within the subdivision until acceptance by the
North Carolina Department of Transportation.
6.
All
improvements shall be completed before final subdivision approval is granted by
the (SRC) Subdivision Review Committee.
7. 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.
8. 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).
9. 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.
10.
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.
12.
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.
The Board discussed the recommended conditions. Mr. Tim Montgomery, on
behalf of M.L.I., agreed to all the
recommended conditions. Mr. Montgomery
did request
a correction in #2 – Carroll Spring’s
should read as Carroll’s Spring.
Director Sudderth
reviewed the following regarding a conditional use permit and
requested the Board’s
response to each of the following
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)
Chairman Inman entertained a motion regarding the Conditional Use Permit for
Rezoning Request #191.
Commissioner Lankford moved to approve the Conditional
Use Permit for Rezoning
Request #191. The motion was unanimous.
GENERAL GOVERNMENT – GOVERNING
BODY – SCATTERED SITE HOUSING REHABILITATION COMMITTEE SELECTION
Interim County Manager Darlene Bullins presented
information from Mr. Gary
Wilson-Benchmark
regarding the selection committee for the upcoming Scattered Site
Housing Grant. Mr. Wilson had noted the following:
·
Selection Committee must be appointed by the
Board of Commissioners
·
Selection Committee will provide oversight in
the selection of the 8 to 10 homes to be included in the County’s 2007 Grant
Application
·
Committee’s role is to review the ranking
system that will be developed by Benchmark
·
Ranking system will consider among other
things: highest priority to very low
income (30% of median) households, elderly households, handicapped households;
lower priority to low income (50% of median) households, single parent
households, and large family households.
The suitability of the unit for rehabilitation
·
Committee’s role will be short term in
function and will involve perhaps 2 meetings
Commissioner Lankford
nominated the following to serve on the Scattered Site
Housing Rehabilitation
Committee:
·
Steve Mabe – Walnut Cove area
·
Wayne Pyrtle – Lawsonville area
·
Billy Sisk – Pinnacle area
·
Ronald Shelton – Sandy Ridge area
·
Ted Hairtson – Pine Hall area
Commissioner Smith
nominated the following to serve on the Scattered Site
Housing Rehabilitation
Committee:
·
Roscoe Boles – King area
Vice Chairman Walker
nominated the following to serve on the Scattered Site
Housing Rehabilitation
Committee:
·
Christine Hopkins – Walnut Cove/Danbury area
Nominations can be
considered at the February 12th meeting.
The Board unanimously agreed to schedule a Board
Retreat –Planning Continuation
for Monday, February 19, 2007 at
4:00 pm.
Commissioner
Lankford requested information regarding the vacant supervisor’s
position in Public Buildings and
the urgency in filling the position.
Interim Manager Bullins
noted the job had been posted
internally for one week.
There being no further business to come before the Board,
Chairman Inman
entertained a motion to
adjourn the meeting. Vice Chairman
Walker moved to adjourn
the meeting. The motion was unanimous.
________________________ _____________________________
Darlene M. Bullins J. Leon Inman