september 20, 2017 john and zoe vlahos dear petitioner
TRANSCRIPT
City Council: Mayor Allen Joines; Vivian H. Burke, Mayor Pro Tempore, Northeast Ward; Denise D. Adams, North Ward; Dan Besse, Southwest Ward; Robert C. Clark, West Ward;
John C. Larson, South Ward; Jeff MacIntosh, Northwest Ward; Derwin L. Montgomery, East Ward; James Taylor, Jr., Southeast Ward; City Manager: Lee D. Garrity
County Commissioners: David R. Plyler, Chairman; Don Martin, Vice Chair, Fleming El-Amin; Ted Kaplan; Richard V. Linville; Gloria D. Whisenhunt; Everette Witherspoon;
County Manager: Dudley Watts, Jr.
City-County Planning Board: Arnold G. King, Chair; Allan Younger, Vice-Chair; George M. Bryan, Jr.; Melynda Dunigan; Jason Grubbs; Tommy Hicks; Clarence R. Lambe, Jr.; Chris Leak;
Brenda J. Smith
September 20, 2017
John and Zoe Vlahos
230 Oakmont Drive
Kernersville, NC 27284
Re: Zoning Petition W-3335
Dear Petitioner:
The attached report of the Planning Board to the City Council is sent to you at the request
of the Council Members. You will be notified by the City Secretary’s Office of the date on which
the Council will hear this petition.
Sincerely,
A. Paul Norby, FAICP
Director of Planning and Development Services
pc: City Secretary’s Office, P.O. Box 2511, Winston-Salem, NC 27102
ACTION REQUEST FORM
DATE: September 20, 2017
TO: The Honorable Mayor and City Council
FROM: A. Paul Norby, FAICP, Director of Planning and Development Services
COUNCIL ACTION REQUEST:
Request for Public Hearing on zoning petition of John and Zoe Vlahos
SUMMARY OF INFORMATION:
A. Public hearing on zoning petition of John and Zoe Vlahos from RS9 and HB to HB:
property is located on the north side of Old Walkertown Road, east of Davis Road
(Zoning Docket W-3335).
B. Ordinance amending the Unified Development Ordinances of Winston-Salem/Forsyth
County and the Official Zoning Map.
PLANNING BOARD ACTION:
MOTION ON PETITION: APPROVAL
FOR: UNANIMOUS
AGAINST: NONE
SITE PLAN ACTION: NOT REQUIRED
CITY ORDINANCE - GENERAL USE
Zoning Petition of John and Zoe Vlahos, Docket W-3335
AN ORDINANCE AMENDING THE WINSTON-SALEM
CITY ZONING ORDINANCE AND THE
OFFICIAL ZONING MAP OF THE CITY OF
WINSTON-SALEM, N.C.
_______________________________________
BE IT ORDAINED by the City Council of the City of Winston-Salem as follows:
Section 1. The Winston-Salem City Zoning Ordinance and the Official Zoning Map of the
City of Winston-Salem, N.C. are hereby amended by changing from RS9 and HB to HB the zoning
classification of the following described property:
Tax Block 3008, Lot 036A
Section 2. This ordinance shall become effective upon adoption.
CITY-COUNTY PLANNING BOARD
STAFF REPORT
PETITION INFORMATION
Docket # W-3335
Staff Aaron King
Petitioner(s) John and Zoe Vlahos
Owner(s) Same
Subject Property Portion of PIN# 6847-48-7727
Address 5008 Old Walkertown Road
Type of Request General use rezoning
Proposal The petitioner is requesting to amend the Official Zoning Maps for the
subject property from HB (Highway Business) & RS9 (Residential
Single Family; 9,000sf lot size) to HB (Highway Business).
NOTE: General, special use limited, and special use district zoning
were discussed with the petitioner(s) who decided to pursue the
rezoning as presented. With a General use, all uses in the District must
be considered.
Neighborhood
Contact/Meeting
According to the petitioner, 13 letters were sent out to the property
owners within a 500’ radius of the subject property on June 28, 2017.
The letters explained the purpose of the proposed rezoning. No
comments or questions from said property owners were received.
Zoning District
Purpose
Statement
The HB District is primarily intended to accommodate retail service
and distributive uses. The district is established to provide locations for
establishments which require high visibility and good road access, or
which cater primarily to passing motorists. However, the district is not
intended to encourage or accommodate strip commercial development.
Developments in this district generally have substantial front setbacks.
This district is intended for application in GMAs 2, 3 and 4.
Applicable
Rezoning
Consideration
from Chapter B,
Article VI,
Section 6-2.1(R)
(R)(1) - Is the proposal consistent with the purpose statement(s) of
the requested zoning district(s)?
Yes, the majority of the site is currently zoned HB.
GENERAL SITE INFORMATION
Location North side of Old Walkertown Road, east of Davis Road
Jurisdiction City of Winston-Salem
Ward(s) Northeast
Site Acreage ± 1.13 acres
Current
Land Use
Restaurant
Surrounding
Property Zoning
and Use
Direction Zoning District Use
North RS9 Vacant land
East HB-S Daycare center
South LI Rail yard
West HB & RS9 Convenience store
Applicable
Rezoning
Consideration
from Chapter B,
Article VI,
Section 6-2.1(R)
(R)(2) - Is/are the use(s) permitted under the proposed
classification/request compatible with uses permitted on other
properties in the vicinity?
Yes, the southern portion of the site is currently zoned HB. The adjacent
parcels to the east and west are also zoned HB/HB-S.
Physical
Characteristics
The site is generally flat with a minimal slope from south to north. The
subject property is developed with an existing restaurant and associated
parking area.
Proximity to
Water and Sewer
The subject property has access to public water and sewer.
Stormwater/
Drainage
No known issues.
Watershed and
Overlay Districts
The site is not located within a water supply watershed.
Analysis of
General Site
Information
The subject property is currently developed with an existing restaurant
and associated parking area. The site is not encumbered by any
floodplains, wetlands, or watershed restrictions.
SITE ACCESS AND TRANSPORTATION INFORMATION
Street Name Classification Frontage Average
Daily
Trip
Count
Capacity at Level of
Service D
Old Walkertown
Road
Major
Thoroughfare
182’ 9,100 15,300
Proposed Access
Point(s)
Since this is a general use request, the exact location of access points is
unknown. The site does have frontage on Old Walkertown Road.
Planned Road
Improvements
The Comprehensive Transportation Plan recommends a three lane
cross-section for Old Walkertown Road with curb and gutter and
sidewalks.
Trip Generation -
Existing/Proposed
No trip generation available for existing or proposed general use zoning.
Sidewalks There are currently no existing sidewalks along this section of Old
Walkertown Road.
Transit Route 98 is located approximately 2,500 feet south of the subject
property.
Analysis of Site
Access and
Transportation
Information
The site has direct access to Old Walkertown Road which is a Major
Thoroughfare that has excess capacity. Currently the site has two
driveways onto Old Walkertown Road. Staff would not anticipate any
negative transportation impacts from this request.
CONFORMITY TO PLANS AND PLANNING ISSUES
Legacy 2030
Growth
Management
Area
Growth Management Area 3 (Suburban Neighborhoods)
Relevant
Legacy 2030
Recommendations
Encourage convenient services at designated areas to support
neighborhoods consistent with the Growth Management Plan (p.
54).
Relevant Area
Plan(s)
Northeast Suburban Area Plan (2011)
Area Plan
Recommendations The Proposed Land Use Map shows the subject property for
commercial land use (p. 47).
Site Located
Along Growth
Corridor?
No
Site Located
within Activity
Center?
Yes, the site is located within the Old Walkertown Road/Davis Road
Neighborhood Activity Center. Recommendations for the area include
improvements to business buildings and parking areas.
Applicable
Rezoning
Consideration
from Chapter B,
Article VI,
Section 6-2.1(R)
(R)(3) - Have changing conditions substantially affected the area in
the petition?
No
(R)(4) - Is the requested action in conformance with Legacy 2030?
Yes
Analysis of
Conformity to
Plans and
Planning Issues
The subject property is currently zoned HB and RS9. Approval of this
request would consolidate the zoning into one HB zoning district. It
appears as though the RS9 portion of this site has been historically used
as a parking area, at least dating back to 2005.
The site is bordered on the east and west by properties that are zoned HB
and HB-S respectively. LI zoning is located directly across Old
Walkertown Road from this site. Staff believes the requested HB zoning
is consistent with the zoning pattern in the area. The Northeast
Suburban Area Plan recommends the site for commercial use. Given
the existing land use, the surrounding zoning pattern, and the area plan
recommendations; staff is supportive of the subject HB zoning request.
RELEVANT ZONING HISTORIES
Case Request Decision &
Date
Direction
from Site
Acreage Recommendation
Staff CCPB
W-2034 RS9 to HB-S Approved
2/19/96
East 4.2 Approval Approval
W-2025 RS9 & HB to
HB-S
Approved
1/2/96
East 0.95 Approval Approval
CONCLUSIONS TO ASSIST WITH RECOMMENDATION
Positive Aspects of Proposal Negative Aspects of Proposal
Half of the site is already zoned HB. The request would push HB zoning closer to the
adjacent school.
The site is bordered on two sides by
HB/HB-S zoning.
The request would place the existing
restaurant and its parking areas within a
commercial zoning district.
The request is consistent with the
recommendations of the Northeast
Suburban Area Plan.
STAFF RECOMMENDATION: APPROVAL
NOTE: These are staff comments only; final recommendations on projects are made by the
City-County Planning Board, with final decisions being made by the appropriate Elected Body,
who may approve, deny, table or request modification for any project. THE APPLICANT OR
REPRESENTATIVE IS STRONGLY ENCOURAGED TO ATTEND THE PUBLIC
HEARINGS WHERE THE CASE WILL BE CONSIDERED BY THE PLANNING
BOARD AND THE ELECTED BODY.
CITY-COUNTY PLANNING BOARD
PUBLIC HEARING
MINUTES FOR W-3335
SEPTEMBER 14, 2017
Aaron King presented the staff report.
PUBLIC HEARING
FOR: None
AGAINST: None
WORK SESSION
MOTION: Clarence Lambe moved approval of the zoning map amendment.
SECOND: Chris Leak
VOTE:
FOR: George Bryan, Melynda Dunigan, Jason Grubbs, Tommy Hicks, Arnold King,
Clarence Lambe, Chris Leak, Brenda Smith, Allan Younger
AGAINST: None
EXCUSED: None
____________________________
A. Paul Norby, FAICP
Director of Planning and Development Services
ed: 8
/16/20
17
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W-3335 ATTACHMENT A
EXISTING RS9 AND HB USES ALLOWED City of Winston-Salem Jurisdiction Only
Uses Allowed in RS9 and HB Revised 2/27/2017
RS9 Uses:
USES ALLOWED WITH A PERMIT FROM THE ZONING OFFICER (Z) Adult Day Care Home
Child Day Care, Small Home
Church or Religious Institution, Neighborhood
Family Group Home A
Police or Fire Station
Recreation Facility, Public
Residential Building, Single Family
Swimming Pool, Private
USES ALLOWED WITH REVIEW BY THE PLANNING BOARD (P) Church or Religious Institution, Community
Golf Course
Library, Public
Limited Campus Uses
Planned Residential Development
School, Private
School, Public
Utilities
USES ALLOWED WITH SPECIAL USE PERMIT FROM ZONING
BOARD OF ADJUSTMENT (A) Bed and Breakfast
Child Day Care, Large Home
Habilitation Facility A
Manufactured Home, Class A
Park and Shuttle Lot
Urban Agriculture
USES ALLOWED WITH SPECIAL USE PERMIT FROM ELECTED
BODY (E) Access Easement, Private Off-Site5
Parking, Off-Site, for Multifamily or Institutional Uses
Transmission Tower
5SUP not required if requirements of Section B.2-5.2(A) are met
HB Uses:
USES ALLOWED WITH A PERMIT FROM THE ZONING OFFICER (Z) Academic Biomedical Research Facility
Academic Medical Center
Animal Shelter, Public
W-3335 ATTACHMENT A
EXISTING RS9 AND HB USES ALLOWED City of Winston-Salem Jurisdiction Only
Uses Allowed in RS9 and HB Revised 2/27/2017
HB Uses Continued:
Arts and Crafts Studio
Banking and Financial Services
Bed and Breakfast
Boarding or Rooming House
Building Contractors, General
Building Materials Supply
Car Wash
Cemetery
Child Care, Drop-In
Church or Religious Institution, Community
Church or Religious Institution, Neighborhood
Club or Lodge
College or University
Convenience Store
Electronic Sweepstakes Operation
Food or Drug Store
Fuel Dealer
Funeral Home
Furniture and Home Furnishings Store
Golf Course
Government Offices, Neighborhood Organization, or Post Office
Habilitation Facility A
Habilitation Facility B
Habilitation Facility C
Hospital or Health Center
Hotel or Motel
Institutional Vocational Training Facility
Kennel, Indoor
Library, Public
Micro-Brewery or Micro-Distillery
Motor Vehicle, Body or Paint Shop
Motor Vehicle, Rental and Leasing
Motor Vehicle, Repair and Maintenance
Motor Vehicle, Storage Yard
Motorcycle Dealer
Museum or Art Gallery
Nursery, Lawn and Garden Supply Store, Retail
Offices
Outdoor Display Retail
Park and Shuttle Lot
W-3335 ATTACHMENT A
EXISTING RS9 AND HB USES ALLOWED City of Winston-Salem Jurisdiction Only
Uses Allowed in RS9 and HB Revised 2/27/2017
HB Uses Continued:
Parking, Commercial
Police or Fire Station
Recreation Facility, Public
Recreation Services, Indoor
Recreation Services, Outdoor
Recreational Vehicle Park
Restaurant (with drive-through service)
Restaurant (without drive-through service)
Retail Store
School, Vocational or Professional
Services A
Services B
Shopping Center
Shopping Center, Small
Signs, Off-Premises
Special Events Center
Stadium, Coliseum, or Exhibition Building
Storage Services, Retail
Terminal, Bus or Taxi
Testing and Research Lab
Theater, Drive-In
Theater, Indoor
Transmission Tower
Urban Agriculture
Utilities
Veterinary Services
Warehousing
USES ALLOWED WITH REVIEW BY THE PLANNING BOARD (P) Adult Day Care Center
Child Care, Sick Children
Child Day Care Center
Landfill, Construction and Demolition
Landfill, Land Clearing/Inert Debris
School, Private
School, Public
USES ALLOWED WITH SPECIAL USE PERMIT FROM ZONING
BOARD OF ADJUSTMENT (A) Borrow Site
Dirt Storage
Helistop
W-3335 ATTACHMENT A
EXISTING RS9 AND HB USES ALLOWED City of Winston-Salem Jurisdiction Only
Uses Allowed in RS9 and HB Revised 2/27/2017
HB Uses Continued:
USES ALLOWED WITH SPECIAL USE PERMIT FROM ELECTED
BODY (E) Access Easement, Private Off-Site5
Entertainment Facility, Large
Correctional Institution
5SUP not required if requirements of Section B.2-5.2(A) are met
W-3335 ATTACHMENT B
USES ALLOWED UNDER PROPOSED “SERVICES, A”
SERVICES, A. An establishment primarily engaged in providing a service(s) to business and
individuals. All merchandise and rental equipment is stored inside enclosed buildings. Services A
includes the following list of uses (including SIC groups and all subcategories not elsewhere
listed):
7212 Garment Pressing and Agents for Laundries and Drycleaners
7215 Coin-Operated Laundries and Cleaning
7216 Drycleaning Plants, Except Rug
7217 Carpet and Upholstery Cleaning
722 Photographic Studios, Portrait
723 Beauty Shops
724 Barber Shops
725 Shoe Repair and Shoeshine Parlors
729 Miscellaneous Personal Services
733 Mailing, Reproduction, Commercial Art and Photography
735 Equipment Rental and Leasing (only with inside storage of equipment)
737 Computer Programming, Data Processing and other Computer Related Services
(Except Computer Programming, 7371; Prepackaged Software, 7372; and,
Computer System Design, 7373)
738 Miscellaneous Business Services
762 Electrical Repair Shops
763 Watch, Clock, and Jewelry Repair
764 Reupholstery and Furniture Repair
7699 Uses from SIC 7699 primarily engaged in providing repair and other services to
business and individuals, that by the nature of their operation have little impact on
adjoining property due to noise, odor, vibration, and/or air or water pollution. All
repair items and supplies are stored in enclosed buildings. These uses include repair
of small or precision equipment, such as medical, dental laboratory or drafting
equipment, and the repair of personal use property such as cameras, musical
instruments, and bicycles, and other services, including locksmiths and custom
picture framing.
W-3335 ATTACHMENT C
USES ALLOWED UNDER PROPOSED “SERVICES, B”
SERVICES, B. An establishment primarily engaged in providing services to commercial and
business establishments. Operations may include large scale facilities and storage of merchandise
and equipment outside enclosed buildings. Services B includes the following list of uses (including
SIC groups and all subcategories not elsewhere listed):
721 Laundry, Cleaning, and Garment Services Except those listed under Services A
7312 Outdoor Advertising Services
734 Services to Dwellings and Other Buildings
735 Equipment Rental and Leasing (with outside storage of equipment)
7623 Refrigeration Service and Repair
7692 Welding Repair
7694 Armature Rewinding Shops
7699 Establishments from SIC 7699 primarily engaged in providing repair and other
services to businesses and to a lesser extent, individuals, that by the nature of their
operation could impact adjoining property due to noise, odor, vibration, and/or air
or water pollution. Uses include repair or servicing of large or heavy machinery,
such as engines and appliances, and welding, blacksmith or gunsmith shops, and
septic tank or sewer cleaning services, but not to include agriculture and farm
equipment, industrial truck repair, and motorcycle repair.