Stokesdale, North Carolina
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Stokesdale, North Carolina
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TOWN OF STOKESDALE PO Box 465 STOKESDALE, NORTH CAROLINA
The regular meeting of the Stokesdale Town Council was held in the Town Hall at 8416 US Highway 158 on Thursday, January 18, 2007.
Mayor Randle L. Jones called the meeting to order at 7:31 PM. The following members of Council were present: Mayor Randle L. Jones, Mayor Pro Tem John W. Flynt, Mickie Halbrook, Fred Berry, and Bobby Richardson.
Others present included: William B. Trevorrow, Town Attorney; Jennifer Baptiste, Guilford County Planning Department; and Carolyn Joyner, Town Clerk/Finance Officer.
After the Pledge of Allegiance, Council considered the proposed agenda. Mr. Flynt asked to add the forming of a land use review committee to the agenda. Mr. Flynt made a motion to accept the agenda with the suggested change. Ms. Halbrook seconded the motion. All Council members voted aye and the agenda was adopted.
Mr. Flynt made a motion to suspend with the reading of the minutes and approved them as presented. Ms. Halbrook seconded the motion. All Council members voted aye and the minutes of the special Council meeting of November 28, 2006 and the regular Council meeting of December 21, 2006 were adopted.
NEW BUSINESS: Report from Guilford County Sheriff’s Department: A report was not available.
Sheriff’s Department: Citizen Academy: Sgt. Rick Lawrence informed Council that the Guilford County Sheriff’s Department would hold its 10th Citizens Academy beginning on February 15. The Academy is made up of eighteen classes on Thursday evenings and three Saturday morning labs. It is open to Guilford County residents who are interested in learning more about law enforcement operations. Sgt. Lawrence left information and applications at Town Hall. Sgt. Lawrence indicated that he could set up bike safety rodeos, child ID operations, visits with McGruff and other community service and education activities for small groups or community events.
Audit Report Presentation: Due to weather conditions, Cannon & Company was unable to attend the meeting. The audit will be presented at the regular Council meeting of February 15.
PUBLIC HEARINGS: Mayor Jones made a motion to recess as Town Council and to reconvene as the Board of Adjustment. Mr. Flynt seconded the motion. All Council members voted aye and the motion carried.
Ms. Baptiste and Ms. Angela Lawson were sworn in by the Clerk.
BOARD OF ADJUSTMENT: Case No. 9: Eugene R. & Angela L. Lawson are requesting a variance to permit an existing garage to remain at 6.3’ from the side property rather than 10’ as required by Section 4-1.1 (A) (Table 4-4-1) of the Stokesdale Development Ordinance. The property is located at 8307 Branson Road, County Tax Map ACL 6-378 Block 1173, Parcel 44, , in Oak Ridge Township, and is zoned RS-30. (Continued from October 19, 2006 & November 16, 2006)
Ms. Baptiste indicated that the hearing was a continuation of a previous case. It is a request for a variance which was applied for on August 8, 2006. The applicant had presented evidence to Shea Bolick, Watershed Engineer, since the last meeting. A copy of a survey from Morgan Surveying & Design was presented. Mr. Bolick’s comments on the survey were as follows: Book 9 Page 1455
Mr. Flynt noted that there are two violations: The encroachment into the drainage easement and a side yard issue since the structure is less than 10 feet from the property line.
Ms. Baptiste said that in order to get a building permit to make the structure conforming, the applicants would have to put these measures in place in order to have the easement reduced. This would alleviate the drainage easement issue and allow a building permit to be issued. The Board of Adjustment would consider whether to allow the garage to be 6.3 feet from the property line rather than 10 feet as required by the Ordinance.
Angie Lawson, property owner, said they had hired a company to give them information on how to reduce the easement. This information was presented to Mr. Bolick who has approved it. She said that Ms. Clodfelter, the adjacent property owner, has no problem with it and did not come to the meeting since she did not feel there was any reason to be here. Ms. Clodfelter has agreed to sign off on the new plat map when it is completed and sign off that she agrees to reduce the easement and that she has no problem with the location of the garage.
Mr. Flynt noted that in order to grant a request for a variance, one of the conditions that has to be found is that the request was not caused by any action of the applicant and it seems that Mr. Lawson built the garage and that the Board could not reach that finding of fact and say that he did not contribute to this situation.
Mr. Trevorrow said that the severity of the variance request would be a part of the consideration. If for example, 20 feet was requested as opposed to 4 feet. The last finding is to allow substantial justice to be done.
Mr. Flynt stated that his other problem was that Mr. Lawson did this without a building permit and had he talked to the County they would have given him the requirements. He seemed to magnify the situation.
Ms. Lawson indicated that the house had a carport when they purchased it. They made it wider and enclosed it so that two cars could be placed in it and were not aware that a permit was needed since they thought that adding to an existing structure was acceptable.
Mr. Berry made a motion to approve the variance. He noted that the everyone contributes to everything that they do and as to substantial justice, it is a four foot situation that the neighbor does not appear to have any problems with it.
Ms. Baptiste asked that if the variance is granted, the record should reflect that the platting process and all watershed diversion devises that need to be put in prior to the variance going into effect and a building permit being issued. Ms. Lawson indicated that Morgan Surveying and Design will not begin work until the variance is approved only then will they do all of the required items. Mr. Berry asked who would certify that the work had been done. Ms. Baptiste said that the County will handle the replatting and watershed devices, after the watershed engineer will check installation. It will not be signed off on until these items are taken care of. Book 9 Page 1456
Mr. Berry said that his motion was to approve the variance on the condition that the Planning Office can sign off on it and that all of the necessary items be taken care of. Mayor Jones gave the following findings of fact: It would be a substantial hardship since the structure is already in place and it would necessitate the tearing down of the structure which may cause more disruptions to the water flow issues than currently exists; the variance is in harmony with the general purpose and intent of the ordinance and preserves its spirit in that previously there was a carport there and this has been an addition to an existing structure; that the variance if granted, meets with the public safety and welfare and would insure substantial justice in that requirements prior to the building permit being issued would have to be reviewed by the County and watershed restriction issues must be met prior to the issuance of a permit; and the area in dispute is less than four feet to come into compliance with the current ordinance. Mr. Berry accepted Mayor Jones findings as a helpful amendment. Ms. Halbrook seconded the motion. The Board voted 4 to 1 to approve the request for a variance.
ROLL CALL VOTE: Jones Aye Halbrook Aye Flynt Nay Richardson Aye__ Berry Aye___
Mayor Jones made a motion for the Board of Adjustment to adjourn and to reconvene as Town Council. Mr. Flynt seconded the motion. All Council members voted aye and the motion carried.
REZONING CASE #06-08-STPL-03701: AG to CU-PD-R. Located on the west side of OAK LEVEL CHURCH ROAD (SR 2045) north of SELF ROAD (SR 2044) in Oak Ridge Township. Being Guilford County Tax Map 6-379, Block 1175, Parcel 6, approximately 29.75 acres. Owned by Rodney W. Wilson. Dan River Watershed. (Continued from September 21, 2006 & November 16, 2006.)
Ms. Baptiste indicated that this was a request to rezone 29.75 acres to allow a major subdivision for single-family detached dwellings with common recreational facilities. The request is to rezone from AG, Agricultural District to CU-PD-R, Conditional Use Planned Development Residential District.
The following uses and conditions have been proposed by the applicant:
USE(S): Single-family detached dwellings, subdivision-major residential, common recreational facilities.
CONDITION(S):
The applicant and property owner is Rodney W. Wilson. Ms. Baptiste noted that the case has been previously heard and has been deferred twice. Staff recommends approval of the rezoning provided that all land disputes associated with the case have been resolved.
Those speaking in favor of the rezoning:
Chuck Truby, president of CPT Engineering and Surveying, located in High Point, said that he is a registered professional engineer and surveyor in the state of North Carolina and is working on this property. As to the boundary dispute, he indicated that he had surveyed the property according to NC standards. Relatively old deeds were used. The corners were found on the site and he believes the survey is correct. Normally, disputes are settled when the disputing party hires their own surveyor who surveys the property and the courts would decide the actual boundary. He had not seen any other surveys on the subject property.
He had a signed and sealed copy of his survey. Shea Bolick, County Watershed Engineer, had provided a letter regarding runoff from the site. Generally, if the contributing drainage of the development area is less Book 9 Page 1457 than 10% of the overall drainage area that goes into the stream that catches the runoff generally the impact to that stream is minimal. For example, where the stream exits the property, the drainage area that contributes to that outlet point from all of the other drainage in that basin is 322 acres. A portion of the property will be undisturbed with the development area of about 18 acres so the contributing runoff will be about 5.8% of the overall drainage area. 10% is generally the cutoff and the Guilford County watershed engineer collaborated this point. There is so much flow during rainfalls in this stream that the runoff from this site and the impervious areas is very minimal compared to the overall runoff that is flowing in the stream so there will be no impacts from the proposed development to the stream or the velocity which will be a very minimal amount.
Mr. Truby said that he believed the survey is correct and done to the best of his ability. He felt that the proposed development is important since the adjacent property has been approved for development. The request is for an extension of Self Road development and it will create a second entrance point for both subdivisions. It will allow a second connection since Self Road is a long dead-end. From an emergency services standpoint, it is important to have a second connection. He noted that when his client buys the property and he will get title insurance which will insure over this survey. If a discrepancy occurs or the lawyers will not write title insurance over the survey, his client will not purchase the property and it would not be developed. If someone presents something in the future that says there is no road frontage there, then this development cannot happen.
Phil Wilson, 707 Simpson Street, Greensboro, added that by allowing this phase, he will be able to use city water which will be very helpful to the first phase.
Rodney Wilson, 8530 Oak Level Church Road, indicated that he contacted Dawn Dalton, the person who thought she owned that property, and he was referred to her niece, Bernadine Prevette. Mr. Wilson indicated that he, his wife, and son-in-law, Jason Richardson, met with Ms. Prevette and her husband and compared their deeds and she was helpful to bring copies of some old deeds, one from 1947 when the property was purchased by his father and another 1996 deed when was deeded to him and his brother which clearly showed 254 feet of road frontage on Oak Level Church Road which was known as Mill Road.
Those speaking in opposition to the matter:
Robert Vickory, 8637 Oak Level Church Road, indicated that he has a copy of the 1937 deed when the property was originally purchased and it does not show the same thing that the plat shows. He said it would be taken care of later.
Rick Joyner, 8655 Oak Level Church Road, offered rebuttal to the surveyor’s statement about the water runoff by saying that this piece of property is not relatively flat farmland as stated at other meetings. He voiced concerns about the increased amount of runoff due to the proposed density of houses. The Wilson family put truckloads of concrete, brick, and riprap in the valley on the property to help control the erosion from the runoff. He also spoke in opposition to the 18,000 square foot size of the lots noting that this was a very small parcel of land for home sites in a rural community. He compared the proposed lot size to the concrete pad at the Fire Department which is about 5, 400 square feet so that three of them would about the proposed lot size. He indicated that he felt that it is inexcusable to build a house in our rural community on a parcel of land that is so small that it cannot support a septic tank system with the confines of the property lines. He asked Council to take a hard look at the size of the lots that are being proposed, the septic tank issues and for a no vote would set a precedence for the direction the Town should go as far as building in our community.
Rebuttal for those in favor of the matter:
Phil Wilson said that there is a trend in development that produces a more ecological friendly type of product by clustering homes away from environmentally sensitive areas. Lots sizes are reduced in order to
Book 9 Page 1458
cluster them and to balance with open space. The proposed conditions require a minimum of 25% open space but the plan may have more. The number of units per acre has not been increased from the conventional RS-40 zoning. The impervious surface area will be reduced. With regards to the septic situation, he noted that the sketch has the soils outlined on it and if septic lines were not located on the lots, they would be on contiguous offsite easements to the lots.
Rodney Wilson noted that a subdivision on Oak Level Church Road was approved several years ago. He said it was 9 acres of land and, not counting the road that was built on it and there are nine houses on it with no problems. He said it is comparatively about the same as the subject property.
Rebuttal from the Opposition:
Rick Joyner said that he has a problem with the density of the houses noting that with small lot sizes with large size houses, the roads and paved surfaces and the lay of the land, the runoff of water will increase. If 30 acres of land will not support 30 houses, then you should not build 30 houses. You should not be able to come in with less than one-half acre lots and still get the same number of houses of the entire area.
Robert Vickory noted that on the nine acres that was mentioned, every time it rains the septic tanks have to be pumped and those lots were RS-40. He felt that RS-30 would be okay with city water. Oak Ridge is going to RS-30. He said that all houses in Stokesdale on RS-20 lots have septic tank problems.
Mayor Jones said that the matter was with Council. Mr. Flynt noted that Type A, B and C soils are shown on the map and asked if they are all useable soils. Mr. Truby indicated that his company did not do the soil evaluations. Phil Wilson indicated that Allan Clapp did the soil evaluations and that Type C is not useable and Type B is marginal and Type A is good. Mr. Truby noted that the maximum number of lots is shown assuming that the soils will work when the Health Department evaluates them. The lot count may go down.
Mr. Flynt noted that the layout of the lots is not shown on the sketch plan and asked for the requirements. Ms. Baptiste indicated that the sketch plan must show the residential development area, the open space, and the layouts of the roads for the rezoning request. A site plan will have to be approved in the future. She noted that the sketch plan for the Self Road property had additional information on it when it was presented and a site plan will have to be approved for that property.
Mr. Flynt indicated that he liked the PDR and the cluster concept but he did not like to see anything under 20,000 square feet and felt that 18,000 square feet was too small. He also noted that he developed Boones Landing which has one-acre lots. He sold lots and now owns one of the houses in this subdivision. It was supposed to be the best soils but within a year after the house was built, a second septic tank system had to be installed. Future property owners may feel that an injustice was done by approving the small lots with the possibility of septic tank failures.
Phil Wilson said the small lot sizes were offered because they were the synonymous with the first phase but he said he would have no problem with increasing the lot size to 20,000 square feet. The health department, regardless of the size of the lots, requires the same length of lines. The length is determined by the number of bedrooms. He indicated that if there is not onsite or offsite septic area, the lot density may be reduced which would increase the size of lots which is expected for this property
Mr. Flynt pointed out that a significant amount of the land is drainage area and that is not a possibility for septic areas. Mr. Wilson noted that this piece of land became available after the Self Road property and it seemed logical to make the conditions synonymous with the conditions on the first property.
Phil Wilson said that he had no problem increasing the lot size to 20,000 square feet and they are looking at 4 bedroom septic systems in this situation. The sketch plan does not show lots because County Planning indicated that they should not be included.
Book 9 Page 1459 Mr. Berry said that he was in favor of cluster homes in concept but felt that every time this type of request is presented, it is on a piece of land that is so rutted that there is no way that it could never have the same number of houses with one acre lots. He felt that the concept of putting all of the houses in one place and leaving the other areas as open space is great but what is left open here is a steep ravine that is not useable for development in any circumstances. It is putting more homes on the piece of property than would ever exist otherwise.
Phil Wilson said that they could have created an RS –40 situation here by realigning the road and bringing the lots over to property line with no open space. He felt that it would not have been as environmentally sound as the current proposal. There would be no reason for a reduction in lot count and the septic systems would have been in the front yards rather than the back yards. In RS-40 situation, the homes would have been closer to the stream and it would have impacted the stream to a greater degree.
Mayor Jones noted that in the initial presentation the surveyor had found most of the corners. He asked if the survey comported with the tax records and tax map. Mr. Truby indicated that it did and it agrees with the adjoining deeds. Mayor Jones asked if the tax map and survey say the same thing. Mayor Jones asked if the 1947 deed was taken into account. Truby indicated that a newer deed was used which had the same description as the older deed and the tax map matches with the survey.
Mayor Jones noted that the land in dispute would be the second entrance and asked if the petitioners were familiar with the Town’s requirements regarding entrances. Mr. Truby said that if the road frontage does not exist, a subdivision plan which must be submitted, cannot be approved. Mayor Jones asked if anything has been presented that shows the disputed area or would County staff be able to determine the zoning of the property based on the information available. Mr. Trevorrow noted that it would be based on existing application and the tax maps. He also indicated that the conditions can be modified. Mr. Truby indicated that the condition #1 should be changed to read a minimum lot size of 20,000 square feet. Ms. Baptiste noted that earlier she had omitted a condition that was added at the Planning Board level on September 6, which added a 20 foot landscape buffer be placed along the northern property line. The map has been amended to show this area.
Mr. Flynt asked how many lots were in the Self Road property. Ms. Baptiste indicated that there were 35 lots.
Mr. Berry made a motion to deny the request. Mr. Flynt seconded the motion. Mr. Flynt asked for the Planning Board vote Ms. Baptiste indicated that the vote was 6 to 0 to approve it. Mayor Jones noted that a vote of aye will be to deny the request and a vote of nay will be approve the request. Mr. Trevorrow indicated that the motion was in the negative but it would not automatically rezoned without confirmative action. Mr. Berry withdrew his motion and then made a motion to approve the rezoning request. Mr. Flynt seconded the motion. Council voted 2 to 3 to approve the request. The request to rezone the property was denied.
ROLL CALL VOTE: Jones Nay Halbrook Aye Flynt Nay Richardson Aye__ Berry Nay___
SKETCH MAP: SUBDIVISION CASE#06-08-STPL-03816; Wilson, Phil; Owned by Rodney W. Wilson. Located west of Oak Level Church Road and north of Self Road in Oak Ridge Township and consists of residential lots and road dedication for a total of approximately 29.75 acres. Being Guilford County Tax Map 6-379, Block 1175, Parcel 06. Zoned AG. Dan River Watershed. (Continued from September 21, 2006 & November 16, 2006.)
Mayor Jones indicated that the sketch map was a mute point. Book 9 Page 1460
Committee and Board Reports: Land Use Review Committee: Mr. Flynt noted that the Clerk had contacted the original members of the Land Use Committee and two members, Stewart Hommell and Richard Mallard, have responded positively. Mr. Berry indicated that due to his upcoming move out of the Town that he would not serve. Mayor Jones indicated that if more people are needed, then Council could take applications from those interesting in serving. Ms. Halbrook indicated that she would be willing to serve on the committee. Mr. Flynt noted that subjects for the committee may include discussion of lot sizes, R-20, R-30, and R-40 and issues pertaining to the Town Core. It was suggested that the information should be placed in the Northwest Observer. Mayor Jones indicated that all applications should be submitted by February 13.
Stokesdale Community Park Board Report: A report for the Park was not available.
Departmental and Administrative Reports: Finance Report: December 2006: The Finance Officer noted that assets increased during the month of December. Checking account transactions include several transactions for the Parade. She noted that the Parade Expenses, not including the cost of hanging and removal of the banners, totaled $889.99 and income of $1,325 has been collected. One set of brackets for the banners had to be replaced because of the replacement of a utility pole. Another set of brackets has been removed due to the condition of a pole which needs to be replaced. Council was paid quarterly stipends in the month of December. Account Payable includes a payment to Covington Diesel for the annual maintenance on the generator at a cost of $444. 07. General Fund Savings Account transactions show the receipt of the Utility Franchise Tax Distribution of $38,514.51. The Water Enterprise Fund shows routine expenses including the payment of $3,693.60 for water and several taps in Angels Glen that have been paid for. There are no accounts payable at this time. She also noted that the income from Planning Fees is covering the cost of the service at this time.
Administrative Reports: PTCOG Briefing on NC Cable Law: The Clerk noted that Mr. Harris, the PTCOG representative who assisted the Town with the Cable Franchise Agreement, is going to be providing an update on recent changes in the Cable laws that will be affecting municipalities that have agreements with Time Warner. Mr. Harris will be presenting this information on January 29 at 3:00 PM at Town Hall.
Solid Waste Meeting: The committee is continuing to look at the issue of universal collection and possibly setting up a recycling convenience site so that citizens could take their recyclables to the location if they do not have pickup from the garbage company.
FEMA Flood Insurance Study and Rate Map Revisions: The Clerk has spoken with Guilford County Watershed Engineer, Warren Simmons, about ordinance amendments that may be necessary. Ms. Baptiste indicated that Mr. Simmons will be updating and making revisions to the County’s watershed and flood regulations at which time the County will present it to the Towns for their consideration.
Lawn Service Contract Expires: The Clerk noted that the agreement with the lawn service that has been maintaining the grounds at the water meter and tank has expired. Mayor Jones indicated that Council can put the contract out for bids or Council can renegotiate with the current provider. The Clerk noted that the price for the service has not changed for two years. Mayor Jones made a motion to renegotiate with the current provider at the current price or with an increase not to exceed $20 for both services. Mr. Flynt seconded the motion. All Council members voted aye and the motion carried.
Legislative Action: There was not legislative action coming before Council.
Other Business: RS-30 Zoning & Stop Light Control for Emergency Fire Vehicles: Robert Vickory indicated that there is a need for RS-30 with city water. He also indicated that something needs to be done at the stoplight to slow traffic. He suggested that a solar powered device should be installed. There was another wreck
Book 9 Page 1461 yesterday at the NC 68 and US Hwy 158 intersection. He feels that drivers think that NC 68 is the main road and they do not slow down for the stoplight. Flashing lights would warn drivers about the stoplight and slow them down. He felt that the Fire Department needs to have a mechanism in their trucks that would cause the stoplights to change as they approached the intersection. Mr. Flynt noted that he had spoken with Chief Gauldin about it and sensors can be placed on the fire trucks and the stoplights and, at a certain distanced, it would be changed as they approached the intersection. He will be getting an estimate on having them installed.
Mr. Flynt noted that applicants request specific zoning such as RS-30 or RS-40 or RPD. The Council does not tell them what to ask for. Mr. Vickory said that the Town should not have RS-20 because the houses are too close to each other. He noted that Pleasant Garden would not allow anything less than two-acre tracts. Mayor Jones noted that the Town has looked at this issue before and some people wanted 3 or 5-acre tracts. The problem at that time was that citizens who have grown up here would not be able to afford a lot in Stokesdale because the land prices would be so high in the northwest area of the County. The Committee will be looking at these issues. He noted that the Fire Department is the appropriate forum for that discussion since the Town has no control over the Fire Department and the Town cannot intervene. The Town can ask NCDOT to look at traffic issues.
Mr. Flynt expressed his concerns about the vehicles at Bill’s Truck Sales being parked close to the intersection and feels that it is a safety issue. He felt that it may be an ordinance issue and a safety issue for all who travel through the intersection. He noted that there was an article in the Northwest Observer about someone selling rugs at Gas Town and he felt that it should be discouraged. He would like to see more traffic enforcement and have Guilford County to investigate and determine if there are zoning violations. Ms. Baptiste indicated that she has forwarded an email about the matter to the enforcement officer and he will be reviewing the situation.
Announcements: Mayor Jones noted the announcements listed on the agenda.
Comments from the Floor: Ms. Baptiste noted that during her review of a subdivision plat which involved flag lots, she found that he Ordinance says that the governing body (Council) must approve flag lots. She asked if Council would consider a text amendment to give the Planning Board the authority to make the decision. Mr. Flynt indicated that Council might want to review any flag lots in major subdivisions but allow the planning board to make the decision on flag lots in minor subdivisions. Ms. Baptiste indicated that the Ordinance does not make a distinction between the major and minor. A text amendment could address this issue.
Comments from Council: Mr. Flynt questioned whether the Long Range Finance Committee had heard from the architects on plans for a Town Hall. Mayor Jones indicated that he had not heard from them and would inquire.
Mr. Flynt noted that he had served with Mr. Berry on several committees and as a member of Council and he thanked him for the good things that he has done for the community and for the Town and wished him well on his move to Rockingham County.
Mayor Jones presented a plaque to Mr. Berry as a token of appreciation and thanking him for his time and devotion during his tenure of dedicated service to the citizens of Stokesdale while serving as follows:
Land Use Study Committee: Co =Chair 1999 – 2001 Planning Board Member: 1998 – 2005 Planning Board Chair 1998-2002 and a member of Town Council on two occasions: 1990-01 and 2005-2007.
Mr. Berry said that he appreciated the opportunity to serve and the opportunity and privilege to live in Stokesdale for about 25 years.
Ms. Halbrook reported that she rode with Deputy Christman last week.
Book 9 Page 1462
Adjournment: Mayor Jones made a motion to adjourn. Mr. Flynt seconded the motion. All Council members voted aye. The meeting adjourned at 9:11 PM.
___________________________________________ Carolyn L. Joyner, Town Clerk
Approved:
______________________________________________ Randle L. Jones, Mayor
Book 9 Page 1463
APPROVED BY COUNCIL: February 15, 2007 Official Copies of the Town Council minutes are available at Town Hall for a nominal copy fee.
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