) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) JUNE 5, 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, June 5, 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:
County
Manager K. Bryan Steen
Clerk
to the Board Darlene Bullins
Planning
Director David Sudderth
Code
Enforcement Officer Jimmy Kallam
Zoning
Enforcement Officer Gary Williams
Chairman Leon Inman called the meeting to
order.
Chairman Inman delivered the invocation.
Chairman Inman opened
the meeting by inviting the citizens in attendance to
join the Board with the Pledge of Allegiance.
GENERAL
GOVERNMENT – GOVERNING BODY – APPROVAL OF AGENDA
Chairman Inman entertained a motion to approve
or amend the agenda for the
June 5, 2007 meeting.
Vice Chairman Walker
moved to approve the June 5, 2007 agenda.
Commissioner Lankford seconded and the motion carried unanimously.
PUBLIC
HEARING – Germanton Autos LLC #193 (RA to H-B)
Chairman Inman called
the Public Hearing for Germanton Autos LLC to order.
There were no public comments.
Chairman Inman closed
the Public Hearing.
PUBLIC
HEARING – Bullins & Smith Inc. #194
-(RA to RE)
Chairman Inman called
the Public Hearing for Bullins & Smith Inc. to order.
There were no public comments.
Chairman Inman closed
the Public Hearing.
PUBLIC
HEARING – Jane Carroll Tuttle #195 (RA to RE-CU)
Chairman Inman called
the Public Hearing for Jane Carroll Tuttle to order.
There were no public comments.
Chairman Inman closed
the Public Hearing.
REZONING
REQUEST #193 – Germanton Autos LLC (RA to H-B)
Planning Director
David Sudderth presented Rezoning Request #193- Germanton Autos
LLC to rezone approximately .49 acres from RA (Residential Agricultural) to H-B (Highway
Business). Director Sudderth presented the following information to the Board for their
consideration:
REQUEST: Rezone approximately .49 acres from RA (Residential Agricultural) to H-B (Highway Business).
SITE OWNER: Germanton Autos L.L.C.
APPLICANT: Bart Burroughs
SITE LOCATION: The property is located at 3525 NC Hwy 8 & 65 in Germanton, NC.
Map: 693111 Parcel: 0673 PIN
#: 6931-11-76-0673
Deed Book: 565 Page: 110 Township: Meadows
SITE INFORMATION:
PARCEL SIZE: Total tract .49 acres, (21,344.4) sq. ft.
CURRENT USE: There is currently a single-family residence on the property, which has been removed from the property.
ZONING DISTRICT: RA (Residential Agricultural)
PROPOSED DISTRICT: H-B (Highway Business)
Minimum lot size is 20,000 sq. ft. (.459 acre)
FLOOD HAZARD AREA: Not
located in flood hazard area.
FIRM MAP #: 3710693100
J
FIRM MAP ZONE: Zone
X - Area outside 500-year floodplain.
WATERSHED DISTRICT: No
SEPTIC/WATER
APPROVAL: Stokes County Environmental Health section has identified and inspected
an existing septic system on the property.
SCHOOL DISTRICTS: N/A
EMERGENCY SERVICES: Rural
Hall VFD, EMS - Station # 101 Walnut Cove.
EROSION CONTROL: N/A
until construction begins.
ACCESS: The site
will have to have an approved commercial driveway permit from NCDOT. The
current residential access is located off of NC Hwy 8 & 65 across from the
Friendship Rd. intersection with NC 8 & 65.
SURROUNDING LAND USE: The adjacent surrounding properties are zoned RA (Residential Agricultural) to the east, south and west and H-B (Highway Business) and C-S (Community Shopping), Germanton Gallery & Winery and Germanton Grocery to the north. Other commercial zones located nearby are Germanton Mercantile and Tuttle’s Creekside Restaurant on NC Hwy 8 & 65 about .1 mile away, and the Germanton Shell station is located .6 mile east of the site located where NC 8 and NC 65 split.
ISSUES TO CONSIDER: As with all general use rezoning petitions the Board should consider all the impacts both positive and negative that a commercial development brings with it.
· Impact on surrounding development.
· Consistency with surrounding development
· Impact on community infrastructure, roads, public services etc.
· Increase in commercial tax base.
· Community acceptance
· Traffic
STAFF COMMENTS: The Planning staff does not see a problem with the request. The properties across the road are zoned C-S and H-B. There are multiple commercial zones within a mile of the site. There are mixed residential and commercial uses along NC Hwy 8 & 65 in the Germanton community. The addition of a commercially zoned property in this area should not have an adverse effect on the community.
Director Sudderth
noted that there were no calls regarding the rezoning request.
The Board discussed
the rezoning request #193.
Chairman Inman
entertained a motion regarding the Rezoning Request #193 –
Germanton Autos, LLC.
Commissioner Lankford
moved to approve the Rezoning Request #193 – Germanton
Autos, LLC (RA to H-B). Commissioner Smith seconded and the motion
carried
unanimously.
REZONING
REQUEST #194 – Bullins and Smith, Inc
(RA to RE-CU)
Planning Director
David Sudderth presented Rezoning Request #194- Bullins and
Smith, Inc. to rezone approximately 1.1081 acres from RA (Residential Agricultural) to RE-CU
(Residential Exclusive Conditional Use) for a 1-lot residential subdivision. Director Sudderth
presented the following information to the Board for their consideration:
REQUEST: Rezone approximately 1.1081 acres from RA (Residential Agricultural) to RE-CU (Residential Exclusive Conditional Use) for a 1-lot residential subdivision.
SITE OWNER: Bullins & Smith Inc.
APPLICANT: Bullins & Smith Inc.
SITE LOCATION: The property is located on Wall Loop Rd. (SR#1985) approximately .1 miles from the intersection of NC Hwy 8 and Wall Loop Rd.
Map: 695503 Parcel(s):
2008 PIN
#: 6955-03-03-2008
Deed Book(s): 553 Page(s): 001 Township: Meadows
SITE INFORMATION:
PARCEL SIZE: Total tract 13.905 acres
ZONING DISTRICT: RA (Residential Agricultural)
PROPOSED DISTRICT: RE (Residential Exclusive)
TOTAL LOTS: Proposed 1-lot subdivision.
LOT SIZE: 1.081 acre
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 and found it provisionally suitable for a septic system. This report was prepared in June 2006 for Doyle Bullins who is the representative for Bullins & Smith 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: Lot
access for would be off of Wall Loop Rd. (SR# 1985).
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.
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 1-lot residential subdivision to be rezoned to
RE (Residential Exclusive) that would allow stick built and modular housing. The Board may discuss the development plan in detail. The developer has already utilized a minor subdivision on the property creating four (4) lots adjacent to the proposed site. The request for an additional lot created the major subdivision request. The request is necessary because the proposed lot would exceed the number of subdivision cuts that can be allowed on a parent parcel by the Stokes County Subdivision Regulations. The addition of stick-built homes in this area is consistent with the immediate surrounding property development. The addition of a subdivision consisting of (1)- lot on a state maintained road should not have a major impact on the surrounding property or infrastructure in the general area, however the Board should be take into consideration the County’s 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 Board voted 8 to 0 to recommend rezoning request # 194 by Bullins & Smith Inc. from RA to RE for a 1-lot residential
subdivision.
Director Sudderth noted that there were no calls regarding the rezoning
request.
The Board discussed
the rezoning request.
Chairman Inman
entertained a motion regarding the Rezoning Request #194 –
Bullins & Smith Inc.
Commissioner Smith
moved to approve the Rezoning Request #194 – Bullins
and Smith, Inc. (RA to
RE-CU). Vice Chairman Walker seconded
and the motion carried
unanimously.
REZONING
REQUEST #195 – Jane Carroll Tuttle (RA
to RE-CU)
Chairman Inman noted
before Director Sudderth presented any information that
Ms. Tuttle may choose Stokes Realty and Auction for marketing the
property.
Chairman Inman
requested to abstain from discussion and voting on the rezoning
request due to being an auctioneer for Stokes Realty and Auction.
Commissioner Smith
also requested to abstain from discussion and voting on the
rezoning request due to being an auctioneer for Stokes Realty and
Auction.
Chairman Inman turned
the meeting over to Vice Chairman Walker.
Vice Chairman Walker
entertained a motion to allow Chairman Inman and
Commissioner Smith to abstain from discussion and voting on Rezoning
Request #195.
Commissioner Carroll
moved to allow Chairman Inman and Commissioner Smith to
abstain from discussion and voting on Rezoning Request #195 due to
their association with
Stokes Realty and Auction. Commissioner Lankford seconded and the
motion carried
unanimously.
Planning Director
David Sudderth presented Rezoning Request #195- Jane Carroll
Tuttle to rezone approximately 9.206 acres from RA (Residential Agricultural) to RE-CU
(Residential Exclusive Conditional Use) for a 4-lot residential subdivision. Director Sudderth
presented the following information to the Board for their consideration:
REQUEST: Rezone approximately 9.206 acres from RA (Residential Agricultural) to RE-CU (Residential Exclusive Conditional Use) for a 4-lot residential subdivision.
SITE OWNER: Jane Carroll Tuttle
APPLICANT: Jane Carroll Tuttle
SITE LOCATION: The property is located on the south side of Denny Rd. (SR#2000) approximately .1 miles north of the intersection of Denny Rd. and NC Hwy 66.
Map: 690302 Parcel: 8592 PIN #: 6903-02-99-8592
Deed Book: 268 Page: 241 Township: Yadkin
SITE INFORMATION:
PARCEL SIZE: Total tract 9.206 acres
ZONING DISTRICT: RA (Residential Agricultural)
PROPOSED DISTRICT: RE-CU
(Residential Restricted Conditional Use) for a 3-lot subdivision.
FLOOD HAZARD AREA: Not
located in flood hazard area.
FIRM MAP #: 3710690300J
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 and found it provisionally suitable for septic systems. This report was prepared in May 2007 for Stokes Realty & Auction on behalf of Jane Carroll Tuttle who is the applicant. Individual septic permits will have to be issued for each proposed lot by the Stokes County Health Department, (Environmental Health Section).
SCHOOL DISTRICTS: Mt.
Olive Elementary, Chestnut Grove Middle, West Stokes High
EMERGENCY SERVICES: Sauratown
VFD, EMS - Station # 3 – Pinnacle
EROSION CONTROL: Plan
submittal will only be required if more than one acre of land is disturbed
during the construction process.
ACCESS: Access for proposed lots would be off of
Denny Rd. (SR# 2000). The developer would be required to submit information to
NCDOT to obtain the necessary subdivision driveway approval.
SURROUNDING LAND USE: The subject property is currently vacant. The surrounding property is zoned RA (Residential Agricultural) and is used for residential and agricultural purposes. The primary housing type along Denny Rd. is a mixture of stick-built homes, and manufactured housing. This proposal of single-family dwellings would consistent with the current housing in the area.
ISSUES TO CONSIDER:
· Consistency with surrounding housing types.
· Housing compatibility with surrounding neighborhood.
· Impact on existing community infrastructure, schools, roads, public services etc.
STAFF COMMENTS: This rezoning request comes to the Board as a request for a conditional use rezoning for a 4-lot residential subdivision to be rezoned to RE –CU (Residential Exclusive) that would allow stick built, and modular homes. The Board may discuss the development plan in detail. The Board did hear a request for a three-lot subdivision on 12.67 acres of land by Sarah Riddle on October 4, 2005 further down Denny Rd. The request was turned down by a vote of 2 to 1. The Board cited impact on the schools. There were some other issues concerning this particular tract of land that may have caused the request to be turned down. The addition of stick-built homes in this area is consistent with the mixed uses on the surrounding property and should not pose a substantial burden on the community infrastructure. 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 recommended by a vote of 8 to 0 to approve rezoning request # 195 by Jane Carroll Tuttle from RA to RE-CU for a 4-lot residential subdivision. The Board felt that the request was consistent with the development pattern in the area.
Director Sudderth noted that there was no opposition regarding the
rezoning request.
Mr. Dean Slate, Surveyor was in attendance for the meeting.
The Board discussed
the rezoning request.
Vice Chairman Walker
entertained a motion regarding the Rezoning Request -Jane
Carroll Tuttle #195 – (RA to
RE-CU).
Commissioner Lankford
moved to approve the Rezoning Request #195 – Jane Carroll
Tuttle (RA to RE-CU).
Commissioner Carroll seconded and the motion carried (3-0) with
Chairman Inman and Commissioner Smith excused from voting).
Planning Director David Sudderth explained the
following Recommended Conditions
for Jane Carroll Tuttle (RE-CU) 4- lot Residential Subdivision #195:
3. Adequate storm water facilities shall be
provided for each lot, including the placement of NCDOT approved drain tile
under each driveway if necessary.
4. All improvements shall be completed before
final subdivision approval is granted by the (SRC) Subdivision Review
Committee.
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.
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).
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.
10. 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.
Director Sudderth noted that Ms. Tuttle had
agreed to all the recommended conditions.
PLANNING BOARD RECOMMENDATION: The Board recommended by a vote of 8 to 0 approval of the conditions listed above for rezoning request # 195 by Jane Carroll Tuttle from RA to RE-CU for a 4-lot residential subdivision.
The Board may want to consider additional conditions concerning 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.
Director Sudderth
reviewed the following regarding a conditional use permit:
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.
Director Sudderth requested the Board’s response to 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. (3-0 with Chairman Inman and Commissioner Smith excused from voting)
(b) The requested use is essential or desirable to the public convenience or welfare. (3-0 with Chairman Inman and Commissioner Smith excused from voting)
(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. (3-0 with Chairman Inman and Commissioner Smith excused from voting)
(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. (3-0 with Chairman Inman and Commissioner Smith excused from voting)
(e) Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided. (3-0 with Chairman Inman and Commissioner Smith excused from voting)
(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. (3-0 with Chairman Inman and Commissioner Smith excused from voting)
The Board discussed
the recommended conditions.
Vice Chairman Walker
entertained a motion regarding the Conditional Use Permit for
Rezoning Request #195 – Jane Carroll Tuttle.
Commissioner Carroll
moved to approve the Conditional Use Permit for Rezoning
Request #195- Jane Carroll Tuttle. Commissioner Lankford seconded and
the motion carried
(3-0) with Chairman Inman and Commissioner Smith excused from
voting).
Vice Chairman Walker
turned the meeting back over to Chairman Inman.
PUBLIC COMMENTS
There were no public
comments.
DISCUSSION
AGENDA - Departmental Procedures
Planning Director
David Sudderth along with Code Enforcement Officer Jimmy
Kallam and Zoning Enforcement Officer Gary Williams discussed
departmental procedures
with the Board.
Brochures
Planning Director
Sudderth presented the Board with brochures that the Department
has developed to assist the citizens with planning and permit
questions. (Manufacturing Home
Requirements, Guidelines for Building a Deck, Handbook for Frequent
Questions about
Residential Building, Application for Single Family
Dwelling-Building/Zoning Permit, etc.)
Director Sudderth noted that future plans are to have brochures on the
County’s website.
Planning Director
Sudderth discussed departmental policies for renewing building
permits. Director Sudderth
requested direction from the Board to classify permits that are not
exercised within one year (with no renewal request) be considered a
“dead” permit.
Before the end of that year, the landowner has the opportunity to renew
the permit.
If the landowner came back after the permit has been classified as a
“dead” permit, the
landowner would have to obtain another permit.
The Department
currently prorates refunds according to the number of inspections
that has been performed on the property. Director Sudderth requested direction from the
Board to allow the department to exercise the policy that a refund must
be requested within
one year from the date of the issuance.
The Board discussed
the departmental procedures involving refunds presented by
Director Sudderth. Director
Sudderth noted that these permits are usually permits that the
landowner has not started.
Older permits can be subject to inspection according to
Building Codes, which may have been valid 5-10 years ago.
Director Sudderth
noted that Planning and Environmental Health has started
coordinating trips if possible to job sites in order to save gas. The Department also tries
to arrange as many inspection within the same area as possible, to save
gas, travel and
staff time.
Director Sudderth
noted that the department’s current re-inspection fee is $30.00
with some of the surrounding counties at $50. The Board discussed the cost of re-inspection
fees. Re-inspection fees can
occur if the landowner is not at home, job has to be redone, or
items have not been completed prior to calling the department for the
inspection. Director
Sudderth noted the staff takes extras steps to make sure the landowner
understands why
there is a re-inspection fee and stresses what must be done to
eliminate another re-inspection
fee.
Retention and Disposal Policy
Director Sudderth
requested direction regarding a retention and disposal policy for
departmental records. Director Sudderth noted the limited space for
storage and several old
records currently being stored in buildings located off the Government
Center Complex. State
law requires retention of 6 years.
The Board suggested the County Manager do a countywide
assessment of record retention for all departments. Director Sudderth noted that certain
records within his department must be retained indefinitely.
Director Sudderth
discussed condemnation of property.
Director Sudderth noted that
the department receives complaints regarding property such as homes
that have been burned,
abandoned, etc. Director
Sudderth explained the County’s responsibility in condemnation of
property, cost to the County, and county liability. The Board discussed procedures that must
be following in condemnation of property.
Director Sudderth
discussed zoning violations. Director
Sudderth discussed the
procedure outlined in the County’s Ordinance: Warning Citation first, Civil Citation second,
and if there is no response the violation is turned over to the County
Attorney for processing to
take to Superior Court.
Director Sudderth noted before any citation, there are several
discussions with the property owner trying to eliminate further
action. The property owner
can appeal to the Board of Adjustments if they disagree with the
County’s Zoning Enforcement
Officer.
Director Sudderth
noted that limited action regarding zoning violations has been taken
due to the changing of county attorneys within the past year.
Director Sudderth
requested direction from the Board in pursuing the zoning violations
in the county.
Chairman Inman, with
full consent of the Board, directed Director Sudderth to
proceed with zoning violations according to the law, county ordinance,
and common sense.
Director Sudderth reiterated that a landowner always has the option to
appeal any decision
made by the Zoning Enforcement Officer to the Board of Adjustments and
his office always
tries to work with the landowner within reason.
Director Sudderth
expressed his appreciation to the Board for input regarding the
departmental procedures discussed at tonight’s meeting.
Chairman Inman
requested Director Sudderth to place any new departmental procedures
on the next planning agenda for the Board’s consideration.
Adjournment
There being no further business to come before
the Board, Chairman Inman
entertained a motion to adjourn the meeting.
Commissioner Smith moved to adjourn the
meeting. Vice Chairman Walker
seconded and the motion carried unanimously.
_________________________ _____________________________
Darlene M.
Bullins J. Leon Inman