MINUTES CITY-COUNTY PLANNING BOARD SEPTEMBER 13, :30 P.M. FIFTH FLOOR BRYCE STUART MUNICIPAL BUILDING

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1 MINUTES CITY-COUNTY PLANNING BOARD SEPTEMBER 13, :30 P.M. FIFTH FLOOR BRYCE STUART MUNICIPAL BUILDING MEMBERS PRESENT: MEMBERS ABSENT: PRESIDING: Wesley Curtis, Arnold King, Clarence Lambe, Darryl Little, Barry Lyons, Lynne Mitchell, Brenda Smith, Allan Younger Paul Mullican Arnold King A. ACTION ON MINUTES August 9, 2012 Public Hearing August 23, 2012 Work Session August 27, 2012 Sign Check MOTION: Clarence Lambe moved approval of the minutes. SECOND: Wesley Curtis VOTE: FOR: Wesley Curtis, Arnold King, Clarence Lambe, Darryl Little, Barry Lyons, Lynne Mitchell, Brenda Smith, Allan Younger B. PUBLIC HEARING ITEMS 1. Zoning map amendment of Bcbb, LLC from RM18 to RMU-S (Residential Building, Single Family; Residential Building, Duplex; Residential Building, Townhouse; Residential Building, Twin Home; Residential Building, Multifamily; and Planned Residential Development): property is located on the southwest side of First Street and the north side of Business I-40, south of Hinshaw Avenue (Zoning Docket W-3151). Gary Roberts presented the staff report. PUBLIC HEARING FOR: Doug Stimmel, 601 N. Trade Street, Suite 200, Winston-Salem, NC Mr. Stimmel described the site and the proposed placement of structures and other features.

2 We had a neighborhood meeting on June 28th. We sent invitation letters to the 150 households surrounding this site. We had 20 people attend. The response was extremely positive. Submitted elevations. Structures could currently be built on this site without rezoning and with only a 15' buffer required between the buildings. However we have pulled the buildings back against the opposite property line. With parking under the buildings this plan adds no impervious surface. The traffic impact is minimal. The grade reduces the visual impact on the neighborhood. Rob Hildebrand, 1615 Hyde Avenue, Winston-Salem, NC President of West Highlands Neighborhood Association. We recommend approval of this project. The positive aspects of this development are just as important as our concern over the height of the buildings. It's beneficial to work with the developer from the beginning of a proposal as we have with Doug Stimmel on this development. In light of the vacant structures in this area, the surrounding residential areas should remain residential. AGAINST: Marlene C. Peebles, 1620 West 1st Street, #74, Winston-Salem, NC This is a quiet, peaceful existence which I would hate to give up as a resident of the existing apartments. Anita Thomas, 1620 West 1st Street, #86, Winston-Salem, NC No one in our development got notice of anything to do with this change. We found out about it in the newspaper. We should have had written letters also. A lot of people living in this development can't afford to move right now. They can't afford to get utilities turned on. Charles Morton, 1620 West 1st Street, #86, Winston-Salem, NC The economy is bad and we've already depleted our savings just to keep food on the table. The tenants should have been notified as well as the surrounding property owners. Even the manager of the complex knew nothing about this. Utilities are included in our rent. A lot of the people who live here are indigent and to be forced to move would mean some of these folks couldn't afford to even have their utilities turned on. They would need financial help to move. Finding another decent place to live will be difficult. I'm not a hoodlum and don't want to live somewhere just because it's cheap. I'd like to hear some more about what's going to be done. I'd appreciate any more information someone can give me. I'm all about progress but don't kill me doing it.

3 Rev. Otto Gaither, 5641 Novack St, Winston-Salem, NC It's incumbent upon you to know and understand what's happening to people. You represent people. It's fine for him to tell you he went to houses, but not go to those who lived in apartments and are indigenous. Providing affordable housing is part of your plan. It is not ethical, it is not moral for you to treat people as if they are just numbers - the way this request has been handled. Give these people an opportunity to help them move. They need to know where they can go. Travis Jenerett, 1620 West 1st Street, #29, Winston-Salem, NC My main concern is that I signed a one-year lease a few months ago. These people knew this project was being planned. It isn't right for them to write us leases when they knew we didn't have a year. Spencer M. Drummond, Sr., 1620 West 1st Street, #106, Winston-Salem, NC We have people here who have lived here for 30 years. There is no place which is more affordable than these units. There is no place which includes utilities for this price. Knowing we will have to be uprooted and have to move hits like a bombshell. How much time will we have? Will we be compensated for our lease disagreements? The people who were notified of these plans are those who live around this site and will still have a home to come back to. This is going to happen. We know that. But are the current residents going to be allowed to come back to this property at a reasonable rate? Janice Faust, 1620 West 1st Street, #33, Winston-Salem, NC I'm on a fixed income with no means of transportation except WSTA. I looked for other places to live and there aren't any I can afford. Am I going to be homeless? Where will we go from here? Will we just be thrown out? Roderick Robertson, 1620 West 1st Street, #91, Winston-Salem, NC There's a whole lot more at stake here than you realize. You are actually tearing down the moral fiber of this community. We are your constituents. I implore you to have some compassion. Picture you and your family in the street. I feel we are owed a public apology and some form of relocation assistance. Navonda Harris, 1620 West 1st Street, #90, Winston-Salem, NC I thought this was my home. I can't afford to go anywhere else. My family has died and my friends have moved. Many of us are in similar situations. We work really hard to make sure we are safe. We are a family. We have no money to relocate. We need help.

4 Eric Richard Stein, 1620 West 1st Street, #28, Winston-Salem, NC We should have had notice. This is negligence. We want answers as to how you can help us with moving, getting utilities turned on, etc. Many of us simply can't afford it. What does the City plan to do? WORK SESSION During discussion by the Planning Board, the following points were made: Chairman King asked Paul Norby to explain the rezoning process. Paul Norby noted that the role of the Planning Board is to consider the rezoning request and make a recommendation to the City Council for approval or denial. The Planning Board does not initiate rezoning or development requests. We work with the community to develop longrange plans and then, when property owners or developers apply for rezoning, the Planning Board reacts to those and makes recommendations regarding development. The only time the City can get involved in relocation is when the City sponsors or initiates redevelopment. The City does not have the legal authority to require a developer to provide relocation expenses for a private development. Therefore the Planning Board cannot add that requirement as a condition. Regarding notification, what is in our ordinance and is consistent with State law, is that the Planning Board does three things when a zoning petition is brought in from the outside. 1. Post a sign on the property, which we did right at the entrance on First Street. 2. Letters from the Planning Board are sent to owners of the properties within a 500' radius of the subject site, again reflecting what is legally required. It is up to property owners to notify their tenants. 3. Place a newspaper advertisement. Legally neither the Planning Board nor the City Council can consider the price of the proposed housing or the rental costs. Factors that can be considered in rezoning include land use, density, traffic impacts, environmental effects, and the compatibility of the proposed development with its surroundings. The Assistant City Attorney, Jerry Kontos, concurred with the above statements made by Paul Norby. In response to a question by the Planning Board, Doug Stimmel indicated that the current owner and the proposed owner plan to work together to figure out what kind of assistance they can offer to current residents. They will honor the leases and let residents know of plans in a timely manner. The contract on this property is contingent on the rezoning being approved so at this point the property owner doesn't know that he will actually sell the property.

5 State law requires that any lease for three years or less must be honored. Lynne Mitchell stated that people need to come together and talk to the elected officials about what is important. We need quality, affordable housing. Our community is not addressing affordable housing facilities such as this. People need to work together to encourage the City Council to look at incentives for providing affordable housing. Another development with fewer units could be built under current zoning. The layout and design components of this plan are very good. Clarence Lambe stated that affordable housing is incompatible with some of the things we require for smart development. For instance requiring things like sidewalks, articulations, conservation subdivisions, and mixed materials, drive up costs. We need to look at cost ramifications. It is important for the public to show the City Council what your thoughts are. Arnold King suggested to Mr. Stimmel that if possible an estimated timeline should be determined and shared with residents before this item is heard by City Council. MOTION: Wesley Curtis moved approval of the zoning map amendment, certified that the site plan meets all code requirements and recommends staff conditions. SECOND: Lynne Mitchell VOTE: FOR: Wesley Curtis, Arnold King, Clarence Lambe, Darryl Little, Barry Lyons, Lynne Mitchell, Brenda Smith, Allan Younger Allan Younger left the meeting. 2. Zoning map amendment of American Towers, LLC for property owned by C W Myers Trading Post Inc from GO-S (Banking and Financial Services; Offices; and Residential Building, Single Family) to GO-S (Banking and Financial Services; Offices, and Transmission Tower - TWO PHASE): property is located south of Vest Mill Road between Hannaford Road and Genia Drive (Zoning Docket W- 3152). PUBLIC HEARING FOR: None

6 WORK SESSION MOTION: Clarence Lambe moved withdrawal of the zoning map amendment. SECOND: Wesley Curtis VOTE: FOR: Wesley Curtis, Arnold King, Clarence Lambe, Darryl Little, Barry Lyons, Lynne Mitchell, Brenda Smith, Allan Younger 3. Zoning map amendment of Deacon Rental Properties, LLC for property owned by First Assembly of God, Inc and Deacon Rental Properties, LLC from RS9 to RM5-S (Residential Building, Single Family; Residential Building, Duplex; Residential Building, Townhouse; Residential Building, Twin Home; Residential Building, Multifamily; Family Group Home A; Swimming Pool, Private; Church or Religious Institution, Neighborhood; Landfill, Land Clearing/Inert Debris; Parking, Off-site for Multifamily or Institutional uses; and Utilities): property is located on the north side of Palm Drive between University Parkway and Ewing Street (Zoning Docket W-3155). Gary Roberts presented the staff report. PUBLIC HEARING FOR: Robert Wooten, 1330 Pheasant Lane, Winston-Salem, NC We have built nine homes in the neighborhood. We mailed a letter to the owners and put signs up about a neighborhood meeting. We met with the Neighborhood Alliance. Recently we have learned about some opposition from the neighborhood. We would like to present some information and give an opportunity for the neighbors to express their concern and then continue this request for 30 days to try to address concerns by the neighbors. Alex Carter, 503 High Street, Winston-Salem, NC We've tried to design the site as effectively as possible using the natural resources and to address the concerns we know about. We've left large areas of open space and retained as many trees as possible. We are addressing traffic issues through pedestrian access. We are addressing crime issues which are a concern with increased lighting. These will have a low profile, residential appearance.

7 AGAINST: Robert Sappington, 1721 Brookwood Drive, Winston-Salem, NC They mentioned they have built some other units. They didn't mention they are up-fitable to eight people. They didn't mention trying to one-way Ewing. This is a classic dichotomy. They want a 30-day reprieve to talk later, try for a meeting of the minds. There is no meeting in the middle. These are nice people who build nice houses. However, they are developers and they do this for a profit. On the other side you have all the surrounding home-owners that are universally opposed to this rezoning. We have a petition in opposition to this request. We also have a protest petition. Showed photographs. We will have more problems with trash which is already an issue. We will have more front-yard parking which is already an issue. The noise has gotten much better recently. I live here, sit on several boards and committees, and am also a landlord in this area. Crime has become a big issue since the student housing came. It isn't these students; it's that they are easy targets due to their regular schedules. Next year many of the current renters will no longer be allowed to live off-campus which will leave this area with vacant units. There is no need to build more units when the current units won't even be filled. Of course the new units will be rented because they are new and attractive with all the perks students want. Students at Wake Forest don't have to worry about the rent. But what happens to the existing, older units? If this is approved, the people who have other rental property in the area will lose their tenants. That isn't fair. Our houses will be unsellable. These represent our retirement plans. Please don't change the zoning. Barry Lyons left the meeting. Robert Vorsteg, 3620 Marlowe Avenue, Winston-Salem, NC The neighborhood association voted unanimously to oppose this. The Winston-Salem Neighborhood Alliance voted and they unanimously oppose this. Mr. Vorsteg read their official statement. The density is too high for this neighborhood. It will increase traffic. Single family development is already occurring in this area and is a viable alternative. WORK SESSION MOTION: Wesley Curtis moved continuance of the zoning map amendment to October 11, SECOND: Lynne Mitchell

8 VOTE: FOR: Wesley Curtis, Arnold King, Clarence Lambe, Darryl Little, Lynne Mitchell, Brenda Smith The Chairman noted that the public hearing will remain open until next month in case there are updates which would be helpful to the Planning Board. 4. Zoning map amendment of Jerry Stoltz from HB to GI-L (Manufacturing C): property is located on the southeast corner of US 52 and Shore Road (Zoning Docket F-1535). Gary Roberts presented the staff report. PUBLIC HEARING FOR: Stephen G. Calaway, 380 Knollwood Street, Winston-Salem, NC The uses on this site will be limited to the stump-grinding operation. For this use you have to be licensed by the State with an annual renewal required. That requires paperwork to the State showing the amount of product, what you've done with it, etc. It cannot be sold on site. Mr. Stoltz owns much of the property surrounding this site. This is a four acre site with a three acre buffer. The State permit requires water control, noise control, dust control. The site has to be cleaned up regularly. The product will not stay on site and nothing will be buried on site. DEHNR sent a letter of violation last year. Since then my client has received a letter saying there were no longer any violations. My client's property is not in Tobaccoville. It's across the street from it. If they have an area plan at this point, it's been without neighborhood meetings that we're aware of. If so, it's a planner's dream and probably not a zoning reality. It is almost impossible to see this site. The woods are heavy. This is a good place to reclaim land, to allow business to proceed, to provide a place for the community to get the products, and help the development community have a place to put their stuff. Jerry Stoltz, 4355 Mashie Dr., Pfafftown, NC Ever since the first Moravians came here, my family has been born and raised on this farm. It has been a family farm since then. I can see how a lot of your decisions are very difficult. How you care for people on both sides of the issue. I find it difficult to understand how you can tell a person they can not have an enterprise which is fully regulated, does not produce pollution, and provides a service to the community.

9 AGAINST: Billy McHone, 1875 Griffin Road, Rural Hall, NC I'm the mayor of Tobaccoville but am here today as a resident of this immediate area. Most of the time when I leave my home I have to look directly into this site. We've been putting up with smoke, fires, heavy traffic, noise, and debris in the road for approximately 15 years. We did not know it was illegal. There used to be a home on this site. This is detrimental to the neighborhood. Dennis Shore, 1728 Old Griffin Road, Rural Hall, NC The lawyer said this would be here for a while and then be gone. It's been here a long time. Evidently there haven't been any regulations for years. There have been fires out there and the fire department has even had roads blocked where we could not get out. This kind of business is not going to be beneficial to our community. I live right here in this community. We've had issues with the current operation for a long time but thought we couldn't do anything about them. I like Mr. Stoltz very much and hate having to come speak today. Dan Corder, Village of Tobaccoville, P. O. Box 332, Tobaccoville, NC I represent the Village of Tobaccoville. There are several citizens here tonight in opposition to this request. We did not know that this site was not already zoned for the current use. At our Council's September 6th public hearing on this matter, several residents spoke in opposition to the request. The petitioner was not present. After discussion and consideration, the Council unanimously adopted a resolution recommending denial of this request and unanimously asked me to request that you deny this request. Referenced Village of Tobaccoville's Village Development Guidelines, used to make development and zoning decisions for Tobaccoville. This document was adopted by the County Commissioners. This area is adjacent to Tobaccoville Village limits. It is in a protected area as per the agreement between Tobaccoville and Rural Hall. It is an area which would be a good commercial area. Tobaccoville commercial development would add value to the community. The Council determined that this rezoning does not meet the requirements for a Commercial Center or for Light Industrial which we would encourage. The petitioner has been operating without the correct zoning for a period of time. Myron Marion, 3500 Richardson Avenue, Tobaccoville, NC Both people inside and outside the Village limits got together to compile our Village Guidelines. Please take into account what the citizens of our town are asking for.

10 WORK SESSION During discussion by the Planning Board, the following points were made: The Forsyth County Board of Commissioners have the zoning authority in this area; Tobaccoville does not. There does not seem to be any support at all for what is being requested. When I look at property rights versus the greater good for the community, in this case the greater good of the community wins out. This is across the street from Industrial and is bounded by an interstate and the petitioner's own land. It is a very rural area. That makes it hard to deny this request. Being so close to interstate access makes more sense than expecting the needed vehicles to go further into neighborhoods. They are offering significantly more buffer than is required. MOTION: Wesley Curtis moved denial of the zoning map amendment. SECOND: Lynne Mitchell VOTE: FOR: Wesley Curtis, Lynne Mitchell AGAINST: Arnold King, Clarence Lambe, Darryl Little, Brenda Smith MOTION FAILED. MOTION: Clarence Lambe moved approval of the zoning map amendment. SECOND: Brenda Smith VOTE: FOR: Arnold King, Clarence Lambe, Darryl Little, Brenda Smith AGAINST: Wesley Curtis, Lynne Mitchell 5. Zoning map amendment of Julio Pando & Diego Rangel from RS9 to NB-L (Food or Drug Store; Retail Store; Offices; Services A; Adult Daycare Home; Child Daycare, Small Home; and Church or Religious Institution, Neighborhood): property is located on the southeast corner of Clemmonsville Road and Hastings Avenue (Zoning Docket W-3156). Gary Roberts presented the staff report.

11 PUBLIC HEARING FOR: Julio Pando, 2614 Griffith Road, Winston-Salem, NC We believe this change would be a benefit to the neighborhood. We would remove asphalt on Clemmonsville Road along the roadside. The improvements are positive for the neighborhood. Our intention is to use it as a beauty shop or barbershop and retail stores. These uses are allowed under this zoning. We do not have the intention now or in the future of having this property used for private clubs with a bar or liquor license. I would like to have the opportunity to make this property strictly the beauty shop and sell antiques. I hope the board understands this zoning will not negatively impact the community but on the contrary the tax value will benefit everyone. This will provide some employment for this community. AGAINST: Jesse Adams, 3643 Hastings Avenue,. Winston-Salem, NC Asked those whose were in opposition to this to stand up. I am speaking for many neighbors who are adamantly opposed to this rezoning request. There is no need for more retail places of business in this neighborhood. The owner has said he would like to sell alcohol. Alcohol is available close by. We are already having major traffic problems at the intersection with Ppeters Creek Parkway. From what I understand no traffic signals will be installed there. This would add to the traffic problems. Businesses which sell alcoholic beverages surround themselves with other negative issues such as crime, fights, burglaries, and even drugs. If this is approved it will open the door for more rezoning along Clemmonsville Road which will have a detrimental effect on our property values. This site is not the appropriate place for free enterprise. Please help us save our neighborhood by refusing this request. Loretta Breier, 3615 Hastings Avenue, Winston-Salem, NC My property adjoins this site and I am especially concerned about any business that sells alcohol. My fear is that crime will increase considerably. Please for the safety and well-being of our community deny this request. Hazel Watson, 3136 Anderson Drive, Winston-Salem, NC I am reading a statement left by Robert Vorsteg who had to leave the meeting. Winston-Salem Neighborhood Alliance asks that you reject this application. The nonconforming status of this property has expired. There is no evidence that having a business on the site would be beneficial to the neighborhood.

12 Winston-Salem Neighborhood Alliance and residents of this community request that any future zoning of this property demonstrates specific benefits and enhancements to the neighborhood. We are concerned about traffic and the increased danger this request would provide. Carolyn Highsmith, 3335 Anderson Drive, Winston-Salem, NC Konnoak Hills Community Association fully supports Mr. Adams and the Hastings Avenue Neighborhood. We will also be impacted by this request. Our commitment to opposing this rezoning petition is expressed in the 106 signatures on the petition of opposition to this rezoning. This building has been an eyesore for 25 years and we were expecting the building to be demolished as part of the road expansion. If the building is not to be demolished, we want the zoning to remain residential and conforming. Traffic at this intersection will be even more dangerous than it currently is. Crime will likely increase in this area. We are opposed to any business selling alcohol at this site. Any change in zoning will directly impact the neighborhood and could set a precedent for strip zoning. WORK SESSION During discussion by the Planning Board, the following points were made: In response to a question by the Board, Mr. Pando stated that the building had been built as a business and no one has ever lived in it. Due to the limited parking, the portion of the structure available for business use will be limited. The petitioner was willing to reduce the uses originally requested to only Offices and Services A. Meeting with the neighborhood is particularly important in a case like this. They will be your customers. We strongly encourage you to meet before the City Council meeting. Jill Reich, 3330 Konnoak Drive, Winston-Salem, NC asked a question about filing a complaint if there is a problem with this site. Jeff Vaughn indicated that she should contact the Inspections Division. Ann Hemrick, 3141 Konnoak Drive, Winston-Salem, NC I've lived here over 50 years and it's always been an antique store. The previous owners were taken advantage of. MOTION: Clarence Lambe moved approval of the zoning map amendment for the uses "Offices" and "Services A" only. SECOND: Wesley Curtis

13 VOTE: FOR: Wesley Curtis, Arnold King, Clarence Lambe, Darryl Little, Lynne Mitchell, Brenda Smith Darryl Little left the meeting. 6. A UDO Text Amendment proposed by Planning staff to amend Chapter B, Article IV of the Unified Development Ordinances to add language to clarify the intent of Article (Historic/Historic Overlay Districts) relating to undue financial hardship solely in cases of demolition by neglect (UDO-234). David Reed briefly explained the text amendment. PUBLIC HEARING FOR: None WORK SESSION MOTION: Clarence Lambe moved approval of the zoning text amendment. SECOND: Wesley Curtis VOTE: FOR: Wesley Curtis, Arnold King, Clarence Lambe, Darryl Little, Barry Lyons, Lynne Mitchell, Brenda Smith, Allan Younger 7. A UDO Text Amendment proposed by the City Attorney s Office to amend Chapter B, Article IX of the Unified Development Ordinances to give the City Manager authority to review, modify, or reverse the assessment of a civil penalty (UDO-235). This is automatically continued to October 11, 2012 per the applicant's request and as per Planning Board's By-Laws. C. COMMITTEE REPORTS There was no text amendment team meeting this month.

14 D. STAFF REPORT There will be 10 items on the Planning Board's October 11, 2012 meeting agenda, including five new zoning cases. Chairman King noted that one of the cases is the text amendment about stadium parking. Paul Norby noted that Staff will be utilizing every possible medium to inform the public that the public hearing is closed, the discussion is at the Planning Board level, and no more comments from the public will be received. Work Session this month has been moved to September 20th. City Council will be briefed on the Legacy 2030 Update on October 1, after which it will go to committee the next week with the intention to hold a public hearing on November 5th. We will likely brief the County Commissioners in November. Mr. Norby distributed the Annual Report. He noted it is available on the Planning Board's web page. In the last couple of weeks two of our staff people have left us. Julie Hawkins who helped with addressing has left and Robin Bass who headed up the Kids in Planning Project has accepted a position in another City department. At work session, the Board will be asked to choose a liaison for each of the area plan updates scheduled to begin shortly. E. FOR THE GOOD OF THE ORDER