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

Print

ed: 8

/16/20

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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.