STOKES COUNTY GOVERNMENT
COUNTY OF STOKES DANBURY, NORTH CAROLINA
OCTOBER 7, 2008
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 7, 2008 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
Code
Enforcement/Zoning Officer Gary Williams
Chairman J. Leon Inman called the meeting to
order.
Vice Chairman Walker delivered the invocation.
GENERAL
GOVERNMENT-GOVERNING BODY-PLEDGE OF ALLEGIANCE
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 7th Agenda.
County Manager Bryan
Steen requested to add the following to the Action Agenda
due to an October 10th deadline:
·
Consideration of a Letter of Support for the
Northwest Piedmont Regional Brownfields Coalition
Planning Director David Sudderth requested to
add Underpinning for Single Wide
Mobile Homes to the Discussion Agenda.
Commissioner Carroll
requested the Board consider changing the format of the
Planning Agenda by starting with Approval of Agenda, Public Comments
and then hear,
discuss, and take action on each rezoning request separately (public
hearing,
presentation/discussion, and action).
The Board discussed
changing the format for the Planning Agenda only.
Chairman Inman, with
full consent of the Board, directed Planning Director Sudderth
to change the format of the Planning Agenda as discussed.
Commissioner Lankford
moved to approve the October 7th Agenda as amended.
Vice Chairman Walker seconded and the motion carried unanimously.
PUBLIC HEARING
Changed of
Conditional Use Request David Hoskins #206
Chairman Inman opened
the Public Hearing for the Conditional Use Request -
David Hoskins - #206.
The following spoke during public comments.
David Hoskins
110 Flinchum Road
Danbury, NC 27016
Mr. David Hoskins, owner and operator Dan River Company, presented the
following information:
·
Dan River Company was started seven years ago, been
in the current
location for the
last five years
·
Largest canoe and kayak outfitter in the Triad
·
Employs 5-7 seasonal workers
·
Invested over a quarter of a million dollars in the
company
·
Has helped raise almost $10,000 over the past four
years for Hospice
·
Active supporter of the Stokes County Arts Council
·
Has advertised the Danbury region in national and regional
publications on a regular basis
·
Has helped in Search and Rescue Operations by
providing equipment
·
Tried to help and support the community as much as
possible
·
Business can no longer rely on the river due to the
recent drought which has decreased revenues
·
Dan River Company is seeking to place a stage for
theatrical and musical events
·
Stage will be for music and theatrical events
associated with The Arts Council- movie night/Friday night open mic for local
talent; Winston Salem School of the Arts-symphony and quartets;
Churches-gospel; and NC Film Commission
·
Stage will be placed in an area as large as a
football field
·
Area will accommodate approximately 200-250
visitors without interfering with the adjacent property owners
·
Project will bring talent as well as visitors to
the county
·
Will be a valuable asset to the County
·
Sale of alcohol (beer and wine) will only occur
during a non-profit 501(c) 3 fundraising event
·
Dan River Company is in no way asking for
permission to sell beer and wine
·
Dan River Company will not be selling any alcoholic
beverages
·
The selling of alcoholic beverages will be the sole
responsibility of the non-profit organizations if they choose to sell alcoholic
beverages
·
Music will not be rap, heavy metal or hip hop
·
Music will be either bluegrass, blues, folk music,
symphony, or quartets
·
Arts Council will be allowing Dan River Company to
use the half of the music shell that was donated
·
Music shell will direct the music to the river away
from the surrounding homes
·
There is no one living directly across from the Dan
River Company for at least a quarter of a mile
·
Will create a venue to help expand the Dan River
Company and to have a place in Stokes County to host musical and theatrical
events
·
Wished to correct one of the emails received by the
Board of Commissioners from Mr. Golden indicating there is a property owner
directly across the road, To my knowledge, there is no adjacent property owner
by the name of Golden
Mr. Hoskins expressed his appreciation to the
Board for taking the time to
hear the request.
Nick Golden
1125 Briarwood Drive
Walnut Cove, NC 27052
Mr. Golden presented the following information to the Board:
·
Informed the Board that the individuals that were
referred to in the email referenced by Mr. Hoskins were Mr. and Mrs. Jessie
Sams who do not live directly across the road, but live across Highway #89
·
Speaking on behalf of the Sams family
·
Sams family opposes the Change of Conditional Use
Request
·
Request the Change of Conditional Use Request be
denied
·
Original understanding was that the Dan River
Company was requesting the change in order to sell alcoholic beverages which is
unacceptable on the banks of the Dan River
·
The mix of water, alcohol, and recreational
environment is the recipe for disaster
·
Very bad decision for the county
·
Benefits no one in the community other than the
owner of the Dan River Company
·
Opposes any type of alcohol being allowed at any
public event
·
Allowing alcohol would be the same as advertising
Come party on the Dan River, it is alright to drink and have a good time
Mr. Golden expressed his appreciation to the
Board and reiterated the Sams
family (Mr. and Mrs. Jessie Sams) opposition to the Change of
Conditional Use Request.
Hansel Oakley
Danbury, NC 27016
Ms. Oakley stated the area is not large enough for 200-250 individuals
and there is nowhere to park that many vehicles. Ms. Oakley referred to a letter received by
the Board from
Attorney Sonya Hole regarding opposition to the request.
Tommy Oakley
Danbury, NC 27016
Declined to speak.
Elsie Hole
Danbury, NC 27016
Declined to speak.
Dale Swanson
Danbury, NC 27016
Mr. Swanson stated that Dan River Company had always been a good
neighbor and lived up to everything that they said they would do. Mr. Swanson noted the area should be able to
accommodate approximately 200-250 individuals and normally individuals
who attend the types of music indicated by Mr. Hoskins are not the type of
people who go for excessive partying.
Mr. Swanson concluded that the events would be in the afternoon or early
evening, not late in the night.
Park Ranger
Jason Anthony
Hanging Rock State Park
Danbury, NC 27016
Park Ranger Jason Anthony, who currently is serving as Acting
Superintendent, noted that the park had no issues with Mr. Hoskins request as
long as the Parks rules and regulations were not violated no drinking on
park property. Mr. Hoskins has been a
very good neighbor to the Park, constantly alerting Park officials regarding
illegal campers.
Chairman Inman closed the Public Hearing.
GENERAL
GOVERNMENT DISCUSSION/ACTION AGENDA
Change of Conditional Use Request David Hoskins # 206
Planning Director David Sudderth presented the following information regarding the
Change of Conditional Use Request David Hoskins #206:
David Hoskins #206
REQUEST: The applicant is requesting a change in the Conditional Use Permit #146 issued on April 1, 2003. The following items are being requested:
· To existing Condition #12 (Use is for Canoe & Kayak Rental & Sales and associated sporting goods with a snack bar/coffee shop) add Music and theatrical events.
· To existing Condition #13 (No sale of alcohol on the premises) add with the exception of a Non-profit 501(c) 3 fundraising event with the sale of alcohol, (beer and wine).
· Change existing Condition # 14 (Operating hours from 6:00 a.m. to 7:30 p.m. (7) days a week) to 6:00 a.m. to 7:30 p.m. or dusk (7) days a week.
· Change existing Condition # 16 (All signage shall be developed in context with the park theme) to All signage shall conform to the standards as set forth in the Stokes County Zoning Ordinance.
SITE OWNER: Diana B. Carl (Applicants mother)
APPLICANT: David Hoskins
BUSINESS NAME: Dan River Company (Canoe & Kayak)
SITE LOCATION: The property is located at 1110 Flinchum Rd. on the north side of Flinchum Rd. (SR# 1487) approximately .2 mile from NC Hwy 8 & 89.
Map: 6937 Parcel: 6652 PIN
#: 6937-00-37-6652
Deed Book: 477 Page: 1209 Township: Danbury
SITE INFORMATION:
PARCEL SIZE: Total tract 2.892 acres
ZONING DISTRICT: H-B-CU (Highway-Business Conditional Use)
FLOOD HAZARD AREA: Portion
of property is located in flood hazard area.
FIRM MAP #: 3710693700J
FIRM MAP ZONE: Portion of property is located in Zone
AE (100 year flood), which is in a flood hazard area where base flood
elevations have been determined. Other portions of property are located in Zone
X Areas determined to be outside the 100-year floodplain.
WATERSHED DISTRICT: No
WETLANDS: Ken Bridle has identified multiple areas on the parcel as wetland areas. Wetlands areas are officially designated by the Army Corp of Engineers.
SEPTIC/WATER
APPROVAL: Stokes County
Environmental Health section.
SCHOOL DISTRICTS: N/A
EMERGENCY SERVICES: Danbury VFD, EMS - Station # 2 Lawsonville.
EROSION CONTROL: N/A
ACCESS: The
business has a driveway access off of Flinchum Rd. (SR# 1487)
SURROUNDING LAND USE: The subject property is located on Flinchum Rd., which is located in a sparsely developed area near Danbury. The rear of the property borders the Dan River. The structure on the property is occupied by the Dan River Company. Hanging Rock State Parks canoe access is located .3 mile at the end of Flinchum Rd. The surrounding land use consists of (3) residences, cemetery, agricultural land and state park land.
ISSUES TO CONSIDER:
· Impact on surrounding development.
· Impact on community infrastructure, roads, public services etc.
· Effect on tourism.
· Proximity of property to flood plain and wetlands.
·
Parking area
STAFF COMMENTS: The
request comes to the Board as a request to change and amend the Conditional
Use-Zoning Permit issued April 1, 2003. The applicant has operated the Dan
River Company on this site since 2003. The Department has had no problems or
complaints concerning this business. You may discuss the proposed changes in
detail. The proposed changes to conditions #12 and #13 would be allowed in the
H-B (Highway Business) zoning district as a permitted use under the category of
Commercial recreation facilities, whether conducted in a building or in
the open. The requirements for
this activity are listed below and revolve around lighting issues. The
applicant is not proposing any additional lighting at this time.
Commercial
recreation facilities, whether conducted in a building or in the open.
or vehicles maneuvering on the site that will shine into any abutting property located in a residential zoning district or an abutting residential use. The height limit of any light shall be limited to thirty-five (35) feet.
*Each item requested
should be addressed as a separate request for change of the Conditional Use
Permit.
Director Sudderth noted that the Planning Board discussed each of the following items
separately and suggested possible issues to consider:
The applicant has
requested the following changes:
Ψ To
existing condition #12 (Use is for Canoe & Kayak Rental & Sales and
associated sporting goods with a snack bar/coffee shop) add Music and theatrical events. The applicant stated that
he would like to construct a stage on the property to allow these events to
take place. (To my understanding these
events would be held to promote his existing business, the Dan River Company.)
Possible
issues to consider:
Parking
Noise
Make sure stage would be located outside flood plain and areas marked as wetlands.
Ψ To existing condition #13 (No sale of alcohol on the premises) add with the exception of a Non-profit 501(c) 3 fundraising event with the sale of alcohol, (beer and wine). (The applicant stated that he wanted to use these fundraising events to support local charities. He proposes to provide the venue. Mr. Hoskins stated that the non-profit organization would be responsible for obtaining the ABC permit and setting up and staging the event.)
Possible
issues to consider:
Parking
Number of events proposed to be held.
Type of ABC (Alcohol Beverage Control) permit to be issued:
· Limited special occasion permits Valid for 48 hours before and after the occasion for which the permit was issued.
· Special one-time permits Issued under G.S. 18B-1002 shall be valid for the period stated on the permit.
· Temporary Permit Issued under G.S. 18B-905 shall be valid for 90 days.
Ψ Change
existing condition # 14 (Operating hours from 6:00 a.m. to 7:30 p.m. (7) days a
week) to 6:00 a.m. to 7:30 p.m. or
dusk (7) days a week. (During daylight saving time some patrons of
the business may be on the river past 7:30 p.m. During the wintertime the
business may be opened until 7:30 p.m.)
Ψ Change
existing condition # 16 (All signage shall be developed in context with the
park theme) to All signage shall
conform to the standards as set forth in the Stokes County Zoning Ordinance. (Hanging Rock State Park officials have requested that signage for the
Dan River Company does not emulate the signs that the park service erects. Theyre
concerned the public will be confused by similar looking signs.)
Director Sudderth noted the Dan River Company Project was approved by the
Planning Board on March 23, 2003 with the following conditions:
9. 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.
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.
17. Or any other condition that the Boards may deem
necessary at the time the project is approved.
Director Sudderth noted that the Board of
Commissioners added the following
conditions to the Planning
Boards recommendation:
#13 add - post signs
on the premises concerning the consumption of alcohol
#18 Restrooms must
left opened to public during business hours
Mr. Hoskins agreed to all conditions at that time.
Director Sudderth noted the Dan River Company Project was approved on
April 1, 2003 by the Board of Commissioners.
Director Sudderth stated the request is to amend and change the Conditional Use
Permit approved by the Board of Commissioners on April 3, 2003 and the Board can talk
about each item specifically and would need to address each item specifically as a finding of
fact for each item.
Director
Sudderth noted the Board may consider the following items in reviewing or
changing
existing conditions:
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.
Director Sudderth noted that the County had received no complaints or problems since
the applicant started operating the current business in 2003.
Director Sudderth noted the following Planning Board Recommendation:
· The Planning Board recommended approval of all requested items by a vote of 7 to 2. The Board held a lengthy discussion concerning the requested changes to conditions number 12 and 13. In particular the Board discussed parking standards for the activities and the pros and cons of the sale of alcohol for non-profit events. There was limited discussion on the requested changes to conditions 14 and 16 concerning signs and hours of operation. The Board was in total agreement on these two requested changes.
Director Sudderth presented the proposed Condition #12:
·
To existing condition #12 (Use is for Canoe
& Kayak Rental & Sales and associated sporting goods with a snack
bar/coffee shop) add Music and
theatrical events. The applicant stated that he would like to construct
a stage on the property to allow these events to take place. (To my understanding these events would be
held to promote his existing business, the Dan River Company.)
Director Sudderth noted the following issues to consider:
§ Parking
§ Noise
§ Make sure stage would be located outside flood plain and areas marked as wetlands.
Director Sudderth presented the proposed Condition #13:
· To existing condition #13 (No sale of alcohol on the premises) add with the exception of a Non-profit 501(c) 3 fundraising event with the sale of alcohol, (beer and wine). (The applicant stated that he wanted to use these fundraising events to support local charities. He proposes to provide the venue. Mr. Hoskins stated that the non-profit organization would be responsible for obtaining the ABC permit and setting up and staging the event.)
Director Sudderth noted the following issues to consider:
§ Parking
§ Number of events proposed to be held.
§ Type of ABC (Alcohol Beverage Control) permit to be issued:
o Limited special occasion permits Valid for 48 hours before and after the occasion for which the permit was issued.
o Special one-time permits Issued under G.S. 18B-1002 shall be valid for the period stated on the permit.
o Temporary Permit Issued under G.S. 18B-905 shall be valid for 90 days.
Director Sudderth presented the proposed Condition #14:
·
Change existing condition # 14 (Operating hours
from 6:00 a.m. to 7:30 p.m. (7) days a week) to 6:00 a.m. to 7:30 p.m. or dusk (7) days a week. (During
daylight saving time some patrons of the business may be on the river past 7:30
p.m. During the wintertime the business may be opened until 7:30 p.m.)
Director Sudderth presented the proposed Condition #16:
·
Change existing condition # 16 (All signage
shall be developed in context with the park theme) to All signage shall conform to the standards as set forth in the
Stokes County Zoning Ordinance. (Hanging Rock State Park officials have
requested that signage for the Dan River Company does not emulate the signs
that the park service erects. Theyre concerned the public will be confused by
similar looking signs.)
The Board discussed each item presented by Director Sudderth. Director Sudderth
noted that the Planning Board did have some issues with the selling of alcoholic beverages.
Commissioner Smith noted the following:
· As a member of the Regional Tourism Initiative, bringing musical and theatrical events would promote tourism in the County
· Current business is located on a state maintained road
· Biggest issue the sale of alcoholic beverages
· Dan River Company would not be selling any alcoholic beverages
· Open mic night would be good for the community
Vice Chairman Walker noted the following:
Mr. Nick Golden noted that similar events (with smaller numbers) had been held on
his familys property located on the Dan River, but considers the requested venue totally
different. Mr. Golden reiterated the opposition comes from changing the use of the property
and the sale of alcoholic beverages.
Commissioner Lankford noted the following:
Commissioner Carroll noted the following:
Director Sudderth noted that conditional uses have to be enforceable, but that Mr.
Hoskins or any future property owner can always revisit the conditions.
Mr. Hoskins stated the following after discussion by the Board:
· Reiterated his position that the Dan River Company would not be selling any alcoholic beverages
· Would only be creating a venue to supply a music shell for anyone who met the requirements.
· His company has no control whether someone drinks while canoeing on the river
· Only 250 tickets would be sold and the remainder would be asked to leave and he would have no issues informing the Sheriffs Department if someone refused to leave or parked on adjoining property or in the road
· Runs a very tight, neat organizational business and does not believe that non- profit organizations such as Hospice and the Arts Council who may serve beer and wine would allow fist fights
· Would advise anyone who rents the facility that the Sheriffs Department along with EMS needs to be informed of any type of event
· Have had large crowds before and had no issues
· Never had to call EMS or the Sheriffs Department
Chairman Inman stated that since the approval of Mr. Hoskins permit in 2003,
Mr. Hoskins had been a good neighbor to Stokes County and promoted tourism in Stokes
County. Chairman Inman expressed concerns regarding the changes being requested.
Director Sudderth reiterated that the Board could look at each request individually and
vote separately.
Mr. Hoskins stated that he would concede and withdraw the condition requesting the
approval to allow non-profits to sell alcoholic beverages during fundraisers. Mr. Hoskins
reiterated the need to extend the hours of operation in order to safely go get his customers,
would like the signage changed so that no one confuses his operation as being part of the
park service, and the music venue is really what he would like to see approved in order to
promote more events in the county and to continue to help non-profit organizations raise
funding.
Director Sudderth noted that in approving a change in the existing Conditional Use
Permit, the Board should follow these guidelines and must respond and vote on each of the
following items concerning the issuance of a Conditional Use Permit:
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.
Chairman Inman entertained a motion.
Commissioner Lankford moved to deny Conditions #12, #13, #14, and accept
Condition #16. Commissioner Carroll seconded the motion.
Vice Chairman Walker expressed concerns with denying Condition #14 amend
operating hours.
Commissioner Lankford noted the Planning Board in 2003 felt that 7:30 pm was
adequate time to end the operation and still have time to get customers in without having
to call for a search and rescue after dark.
Vice Chairman Walker reiterated his concerns with not allowing Mr. Hoskins to
extend his hours of operation and wished a middle ground could be reached for the music
venue.
Mr. Golden noted that the small crowds were not the issue, it was the large number
of up to 250, the county already has that venue and that is Moratock Park. Mr. Golden
noted that possible alternatives could have been proposed if the Sams family had been able
been able to sit down and discuss the issues before now possibly smaller number of
attendees with a stage that could be moved.
Vice Chairman Walker stated that he could not vote for the motion and that he would
like to see possibly the individuals involved sitting down and discussing the extended hours
and the music venue.
Commissioner Smith commended Mr. Hoskins for removing the sale of alcoholic
beverages from the table. Commissioner Smith noted that the Dan River Company is
currently a business located on a state maintained road with a park canoe river access, feels
that the music venue would be beneficial to the community and cannot support the motion on
the floor at this time.
Ms. Hansel Oakley noted that the heirs of Ms. Flinchum were tired of having
everyone trample over their property and the dirt road is not adequate for heavy traffic.
Chairman Inman called the question.
The motion carried 3-2 with Vice Chairman Walker and Commissioner Smith
voting against the motion.
Director Sudderth noted that the Board must address and answer each question as a
finding of facts for each condition:
Director Sudderth requested each Commissioner to respond to each of the following
questions (a-f) as it relates to changing Condition #12.
·
To existing condition #12 (Use is for Canoe
& Kayak Rental & Sales and associated sporting goods with a snack
bar/coffee shop) add Music and
theatrical events. The applicant stated that he would like to
construct a stage on the property to allow these events to take place. (To my understanding these events would be
held to promote his existing business, the Dan River Company.)
The responsible body shall approve, modify, or deny the application for conditional 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.
§ Commissioner Carroll yes
§ Commissioner Lankford yes
§ Vice Chairman Walker yes
§ Chairman Inman yes
§ Commissioner Smith yes
(b) The requested use is essential or desirable to the public convenience or welfare.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker no
§ Chairman Inman no
§ Commissioner Smith yes
(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.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker yes
§ Chairman Inman no
§ Commissioner Smith yes
(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.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker yes
§ Chairman Inman no
§ Commissioner Smith yes
(e) Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker yes
§ Chairman Inman no
§ Commissioner Smith yes
(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.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker yes
§ Chairman Inman no
§ Commissioner Smith yes
Director Sudderth requested each Commissioner to respond to each of the following
questions (a-f) as it relates to changing Condition #13:
· To existing condition #13 (No sale of alcohol on the premises) add with the exception of a Non-profit 501(c) 3 fundraising event with the sale of alcohol, (beer and wine). (The applicant stated that he wanted to use these fundraising events to support local charities. He proposes to provide the venue. Mr. Hoskins stated that the non-profit organization would be responsible for obtaining the ABC permit and setting up and staging the event.)
The responsible body shall approve, modify, or deny the application for conditional 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.
§ Commissioner Carroll yes
§ Commissioner Lankford yes
§ Vice Chairman Walker yes
§ Chairman Inman yes
§ Commissioner Smith yes
(b) The requested use is essential or desirable to the public convenience or welfare.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker no
§ Chairman Inman no
§ Commissioner Smith no
(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.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker no
§ Chairman Inman no
§ Commissioner Smith no
(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.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker no
§ Chairman Inman no
§ Commissioner Smith no
(e) Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker no
§ Chairman Inman no
§ Commissioner Smith no
(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.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker no
§ Chairman Inman no
§ Commissioner Smith no
Director Sudderth requested each Commissioner to respond to each of the following
questions (a-f) as it relates to changing Condition #14:
·
Change existing condition # 14 (Operating hours
from 6:00 a.m. to 7:30 p.m. (7) days a week) to 6:00 a.m. to 7:30 p.m. or dusk (7) days a week. (During
daylight saving time some patrons of the business may be on the river past 7:30
p.m. During the wintertime the business may be opened until 7:30 p.m.)
The responsible body shall approve, modify, or deny the application for conditional 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.
§ Commissioner Carroll yes
§ Commissioner Lankford yes
§ Vice Chairman Walker yes
§ Chairman Inman yes
§ Commissioner Smith yes
(b) The requested use is essential or desirable to the public convenience or welfare.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker no
§ Chairman Inman no
§ Commissioner Smith no
(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.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker yes
§ Chairman Inman no
§ Commissioner Smith yes
(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.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker yes
§ Chairman Inman no
§ Commissioner Smith yes
(e) Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker yes
§ Chairman Inman no
§ Commissioner Smith yes
(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.
§ Commissioner Carroll no
§ Commissioner Lankford no
§ Vice Chairman Walker yes
§ Chairman Inman no
§ Commissioner Smith yes
Director Sudderth requested each Commissioner to respond to each of the following
questions (a-f) as it relates to changing Condition #16.
·
Change existing condition # 16 (All signage
shall be developed in context with the park theme) to All signage shall conform to the standards as set forth in the
Stokes County Zoning Ordinance. (Hanging Rock State Park officials have
requested that signage for the Dan River Company does not emulate the signs
that the park service erects. Theyre concerned the public will be confused by
similar looking signs.)
The responsible body shall approve, modify, or deny the application for conditional 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. (5-0) yes
(b) The requested use is essential or desirable to the public convenience or welfare. (5-0) yes
(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. (5-0) yes
(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. (5-0) yes
(e) Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided. (5-0) yes
(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. (5-0) yes
Mr. Hoskins requested confirmation that the only Condition approved to be changed
was Condition #16. Chairman Inman confirmed that the Board only approved Condition #16
so far, unless another motion was made.
Chairman Inman noted that the Arts Council Director Eddy McGee is working
on a similar venue in the Town of Danbury.
Mr. Hoskins stated that this would not bring revenue for his business.
Vice Chairman Walker stated that he would like to have seen Condition #12 be
postponed until the next meeting in order to see if something could have been worked out and
approve Condition #14 - the extended hours of operation.
Mr. Hoskins stated without the extended hours, he would have to call the Sheriffs
Department if customers had not returned by 7:30 pm for a search and rescue.
Chairman Inman replied to Mr. Hoskins that would have to be your prerogative and
you also have the prerogative to bring a different proposal to the Planning Board.
Director Sudderth noted that the current hours of operation were not being monitored
due to operational hours after 5:00 pm and on weekends, but would address the issue if
complaints were received.
PUBLIC
COMMENTS
There were no public
comments.
Piedmont Triad
Seamless Mobility Study
PART Director Brent McKinney briefed the Board on the upcoming PART
Transportation, which would start on October 13th in Stokes County. Director
McKinney noted that the temporary pickup location would be Calvary Baptist Church, but
hoped to be in the permanent location (Old Bojangles) very soon.
Director McKinney noted the Piedmont Triad Seamless Mobility Study is more
of a goal than a statement which would be a seamless mobility system in the region.
Director McKinney introduced Project Manager Brian Piascki, URS Corporation, who
presented the Piedmont Triad Seamless Mobility Plan.
Project Manager Piascki noted the following regarding the Piedmont Triad Seamless
Mobility Study:
· Rising fuel prices and congestion on the roadways are two primary forces increasing public consciousness and concern toward conserving energy, protecting the environment and considering the use of alternative modes of travel
· The ten transit agencies (in nine counties) that serve the Triad are poised to take steps necessary to bring their systems to a point where they form a regional network that is accessible, convenient, and ultimately, a viable option for travel the first step being to conduct the Piedmont Triad Seamless Mobility Study (PTSMS)
· Primary purpose of the PTSMS is to provide a systematic review of all services and functions provided by the participating transit systems and to identify possible opportunities for consolidation, coordination, and communication among the systems
· Project also includes two other key elements development of a long range (5-10 years) transit concept plan and an evaluation of potential regional funding scenarios as they relate to the expansion goals for each of the systems
· PTSMS produced approximately 45 recommendations for the systems to continue to work together
· PTSMS was one of the largest Public Transportation Coordination Projects undertaken in the State
· Director David Sudderth served on the Technical Advisory Committee and was a tremendous asset to the study
· Stokes County can help support state legislation to provide funding in order to increase public transportation
· Use of mini vans to provide transportation to PART Express pickups or drive directly to a common location
· Funding and financial assistance will be discussed at a later date
Project Manager Piascki presented the Board with the Executive Summary for their
review.
The Board discussed the PTSMS with Project Manager Piascki.
Director McKinney presented County Manager Steen with a proposed Resolution
Accepting the Piedmont Triad Seamless Mobility Study and Authorizing Staff to Participate
in the Development of the Piedmont Triad Seamless Mobility Work Plan for their
review and consideration at a later meeting.
Letter of
Support for the Northwest Piedmont Regional Brownfields Coalition
County Manager Bryan
Steen provided information regarding a regional
Brownsfields Coalition being proposed by the Northwest Piedmont Council
of
Governments (NWPCOG), which will assist counties in the identification
of Brownfields.
NWPCOG would provide
the $1,000 match for Stokes County.
Manager Steen
presented the Board with a Letter of Support as required by
the Building Reuse and Restoration Program Assessment Grants for the
Boards
consideration, which is due by October 10, 2008.
The Board discussed
the Letter of Support submitted by Manager Steen.
Chairman Inman
entertained a motion.
Vice Chairman Walker
moved to authorize Chairman Inman to execute
a Letter of Support for the Northwest Piedmont Regional Brownfields
Coalition.
Commissioner Smith seconded and the motion carried unanimously.
Underpinning for
Single Wide Mobile Homes
Director Sudderth stated that the Department had received a request to look at
different types of underpinning for single wide mobile homes other than what is listed in the
Zoning Ordinance.
Director Sudderth noted that the applicant requested whether stucco on metal
lathe would be acceptable.
Director Sudderth requested direction from the Board whether they would
like further information on the product for consideration as a suitable product for
underpinning.
The Board discussed the issue with Director Sudderth.
Chairman Inman, with full consent of the Board, directed Director Sudderth
to discuss the issue with the Planning Board first and bring a recommendation back to
the Board of Commissioners.
Closed Session
The Board unanimously agreed to defer the Closed Session until Monday,
October 13, 2008.
Adjournment
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. Commissioner Smith
seconded and the motion carried unanimously.
_________________________
_____________________________
Darlene M.
Bullins
J. Leon Inman
Clerk to the Board Chairman