) STOKES COUNTY GOVERNMENT
COUNTY OF STOKES ) DANBURY, NORTH CAROLINA
) OCTOBER 2, 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, October 2, 2007 at 7:00 pm with the following members present:
Chairman
J. 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
Chairman Leon Inman called the meeting to
order.
Commissioner Smith 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 October 2nd agenda.
Vice Chairman Walker
moved to approve the October 2nd agenda.
Commissioner Smith seconded and the motion carried unanimously.
PUBLIC
HEARING – Conditional Use Request – Michael Terry - #196 (M-1)
Chairman Inman called
the Public Hearing for Michael Terry - #196 M-1 Conditional
Use Permit – Mini Storage-Warehouses to order.
There were no public comments.
Chairman Inman closed
the Public Hearing.
PUBLIC
HEARING – Zoning Text Amendments
Chairman Inman called
the Public Hearing for proposed zoning text amendments.
Mr. Kevin Broyhill
Calvary Baptist Church
King, NC 27021
Mr. Broyhill spoke in favor of the proposed
zoning text amendments for cemeteries
(Churches-off site).
Chairman Inman closed
the Public Hearing.
PUBLIC COMMENTS
There were no public
comments.
REZONING
REQUEST #196 – Michael Terry Conditional Use Permit M-1 Light Manufacturing
–Mini Storage Warehouses)
Planning Director
David Sudderth presented Rezoning Request #196- Michael Terry –
Conditional Use Permit request for “Mini-Storage Warehouses” – twelve
proposed warehouses,
153 individual storage units to be developed in phases. Director Sudderth presented the
following information to the Board for their consideration:
M-1 (Light Manufacturing) district # 196
REQUEST: Conditional Use permit request for “Mini-Storage Warehouses ”. Twelve proposed warehouses, 153 individual storage units to be developed
in phases.
SITE OWNER: Michael Terry
APPLICANT: Michael Terry
SITE LOCATION: The property is located at 1088 Denny Rd. (SR# 2000)
Map: 690404 Parcel: 8048 PIN
#: 6904-04-60-8048
Deed Book: 405 Pages: 643 Township: Yadkin
SITE INFORMATION:
PARCEL SIZE: Total tract 7.69 acres. Proposed area for use 5.0 acres.
ZONING DISTRICT: M-1 (Light Manufacturing)
PROPOSED DISTRICT: Conditional Use
FLOOD HAZARD AREA: N/A.
FIRM MAP #: 3710690400J
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: N/A
SCHOOL DISTRICTS: N/A
EMERGENCY SERVICES: Sauratown VFD, EMS - Station # 3
-Pinnacle.
EROSION CONTROL: When
construction begins, if necessary. Plan indicated less than one (1) acre would
be disturbed.
ACCESS: The current site, formerly a part of Terrycraft Furniture has an existing driveway access off of Denny Rd. (SR# 2000).
SURROUNDING LAND USE: The subject property is located at 1088 Denny Rd. The property is zoned M-1 (Light Manufacturing). There is a small H-B (Highway Business) parcel adjacent to the site that has frontage on NC Hwy 66. The remaining surrounding property is zoned RA (Residential Agricultural) and is currently residential.
ISSUES TO CONSIDER:
·
Consistency
with surrounding development.
Planning Director Sudderth reviewed the following required conditions:
Mini-Storage Warehouses
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.
STAFF COMMENTS:
The rezoning request comes to the Board as a conditional use permit request
in the M-1 (Light Manufacturing) zoning district; you may discuss the
development plan of the proposed “Mini Storage Warehouses” in detail. Mr. Terry
sold 1.831 acres of the property to Signature Custom Woodworking. Mr. Terry
retained the bulk of the property, which is currently not being used. The
proposal would increase the amount of commercial development on the property.
There are no other mini-storage warehouse facilities in the immediate area. The
site already being zoned M-1 (Light Manufacturing) is currently under utilized.
There is only one structure on the property, a 50 x 60, (3000 square ft.) block
building. The creation of additional structures on the property would add to
the tax base. 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.
1.
NCDOT must approve any changes to the existing commercial
driveway access.
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.
PLANNING BOARD RECOMMENDATION: The Planning Board voted 8 to 0 to recommend approval of Conditional Use request # 196 for “Mini-Storage warehouses” with the conditions as stated. The Board felt that the request was appropriate and that it was a good use of the existing M-1 (Light Manufacturing) property. The applicant, Michael Terry agreed to the recommended conditions.
Planning Director David Sudderth stated that there have been no comments regarding
the rezoning request.
The Board discussed the recommended conditions for request.
Vice Chairman Walker noted the need for a possible buffer on the property, possibly
leaving the natural tree line in the rear portion of the property.
The Board discussed leaving the natural tree line in the rear as a buffer.
Mr. Terry agreed to leave the tree line as a natural buffer in the rear of the property.
Director Sudderth noted that Item #16 would read as follows:
#16 – Recommended Condition:
16. Leave the natural tree line buffer on southern border of Phase I where existing
building currently exist. The area will be designated on the map.
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 each of the following:
The responsible body shall approve, modify, or deny the application for use following the public hearing. In granting a conditional use, the responsible body shall insure:
(a) The requested use is listed among the conditional uses in the district for
which application is made. Yes (5-0)
(b) The requested use is essential or desirable to the public convenience or welfare.
Yes (5-0)
(c) The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. Yes (5-0)
(d) Due consideration has been given to the suitability of the property for the use applied for with respect to trends of growth or change; the effect of the proposed use upon the community; requirements for transportation, schools, parks, playgrounds, recreational area, conservation of natural resources, preservation of floodplains, and encouraging the most appropriate use of the land. Yes (5-0)
(e) Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided. Yes (5-0)
(f) That adequate measures have been or will be taken to provide ingress and
egress so designed as to minimize traffic congestion in the public streets. Yes (5-0)
Chairman Inman
entertained a motion regarding the Rezoning Request #196 –
Conditional Use Permit- Michael Terry – Mini Storage Warehouses.
Commissioner Lankford
moved to approve the Rezoning Request #196 – Conditional
Use Permit – Michael Terry – Mini Storage Warehouses as amended. Commissioner Carroll
seconded and the motion carried unanimously.
ZONING TEXT
AMENDMENT – Cemeteries – Church – Off-Site, For Profit
Planning Director
David Sudderth presented the following request for zoning
text amendment: (Add to Article
VIII, Section 80 (Residential Agricultural) Section 80.3 –
Special Uses):
Cemeteries (Church – off site)
1) Burial sites, tombstones, crypts, monuments
and mausoleums, or other structures must be located at least 30 feet from any
public street right-of-way line or abutting property line.
2) Burial sites should be located 100 feet from
any surrounding well and 15 feet from any part of a septic system.
3) Buildings for maintenance, management of
cemetery lots must conform to building type permitted in the zoning
district. The owners of the property,
and their agents, heirs, or assignees shall be responsible for the continual
maintenance and up keep of all facilities and grounds.
4) The proposed use shall be located on a tract
no less than one (1) contiguous acre exclusive of transportation easements and
rights of ways.
5) A plat shall be recorded with the Register
of Deeds naming the cemetery and describing the location of the burial site(s).
PLANNING BOARD RECOMMENDATION: The Planning Board voted 8 to 0
recommend approval of the proposed text amendment.
Director Sudderth
noted that the department had received inquiries in the past that
prompted the need for this zoning text amendment.
The Board discussed
the requested zoning text amendment, setback requirements,
and road right of ways relating to the proposed zoning text amendment.
Commissioner Carroll
noted the need to replace should with must – Item #2.
Chairman Inman
entertained a motion regarding the submitted Rezoning Text
Amendment.
Vice Chairman Walker
moved to approve Zoning Text Amendment – Cemeteries
(Church – off sites) as amended.
Commissioner Smith seconded and the motion carried
unanimously.
Planning Director
David Sudderth presented the following request for zoning
text amendment Cemeteries (for profit) to be consistent with the
(Cemeteries – Church- off
site): (Amend Section 80 R-a
(Residential –Agricultural District), Special Uses 80.3
Cemeteries (For profit):
To item number (1) add: Burial sites.
To item number (3) add: exclusive of transportation easements and rights of ways.
Add an item (4) to read: Burial sites should be located 100 feet from any surrounding well and 15 feet from any part of a septic system.
Add an item (5) to read: A plat shall be recorded with the Register
of Deeds naming the cemetery and describing the location of the burial site(s).
Director Sudderth
reiterated the need for the Cemeteries (for profit) to be consistent
with Cemeteries (off site).
Chairman Inman
entertained a motion regarding the submitted Rezoning Text
Amendment.
Vice Chairman Walker
moved to approve Zoning Text Amendment – Cemeteries
(For profit). Commissioner
Lankford seconded and the motion carried unanimously.
DISCUSSION
AGENDA - Departmental Procedures
Planning Director
David Sudderth requested direction from the Board regarding the
the following departmental policies presented at the June 5th
meeting.
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.
Vice Chairman Walker
requested if the new information could be placed in the
information packet given to citizens who are requesting a permit. Director Sudderth noted that
would be no issue and would make sure the citizen was personally
informed of the new
procedure change.
The Board continued
discussion of the “Dead Permit”.
Chairman Inman
entertained a motion to approve or reject the “Dead Permit” as
requested by the Planning Director.
Commissioner Smith moved to approve the “Dead
Permit” Policy. Commissioner
Lankford seconded and the motion carried unanimously.
Director Sudderth noted 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 continued
discussion regarding refunds.
Vice Chairman Walker
requested this information also be placed in the Permit Package.
Chairman Inman
entertained a motion to approve the refund procedure as requested by
Planning Director Sudderth.
Vice Chairman Walker
moved to approve the refund procedure as requested by
Planning Director Sudderth.
Commissioner Smith seconded and the motion carried
unanimously.
Director Sudderth noted that the department’s
current re-inspection fee is $30.00
with some of the surrounding counties at $50. 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.
Director Sudderth
noted that re-inspections incur extra cost to the County and the
the taxpayer. In checking with surrounding counties, Director Sudderth
noted the following:
·
Rockingham County
o
First two re-inspection is $50.00 each with any
after two being $100.00
·
Surry County
o
Re-inspection fee is $30.00
·
Yadkin County
o
Re-inspection fee is $50.00
·
Forsyth County
o
Re-inspection fee is $40.00
·
Davie County
o
Re-inspection fee is $100.00 from the beginning.
Commissioner Lankford expressed concerns
increasing the re-inspection fee. At
times,
there are certain circumstances such as miscommunication of times,
unable to wait for the
department due to an emergency, etc.
Director Sudderth
noted the policy would remain the same with only the fee being
increased and reiterated re-inspections are costly to the county-man
hours, increasing cost of
fuel, etc.
Vice Chairman Walker
moved to approve the motion that the first re-inspection fee be
$30.00 with any following re-inspection fee being $50.00. Commissioner Carroll seconded and
the motion carried (4-1) with Commissioner Lankford voting against the
motion.
Commissioner Carroll
moved to approve the departmental policies adopted at tonight’s
meeting be effective January 1, 2008.
Vice Chairman Walker seconded and the motion
carried unanimously.
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
special session. Vice Chairman Walker
seconded and the motion carried unanimously.
_________________________
_____________________________
Darlene M.
Bullins
J. Leon Inman
Clerk to the
Board Chairman