Commissioners order business to shut down

A request made by Red Oak Development, LLC to rezone 10.66 acres of a 29.146 acre tract spanning three lots of land along Old Highway 601, near the intersection with Piney Grove Road met a brick wall last Monday night.

The Surry County Board of Commissioner denied the request and took further action to issue a cease and desist order for manufacturing operations at the site and issued a vacate order to the business.

The company sought rezoning on 2425, 2421, and 3385 Old Highway 601 to allow for a fabricated metal business that had already been in operation on that site. Opponents to the rezoning said Five Star Metal buildings had been leasing the land and been out of compliance for more than a year by running a manufacturing business on land zoned as Community Business and Rural Agriculture.

According to the county’s development code RA zoning is meant “to maintain a rural development pattern where single-family housing is intermingled with agricultural and appropriate non-residential uses.”

Areas zoned Community Business are meant for retail, service and “related businesses that are usually clustered together and cater to the immediate community.” A laundry list of uses are permitted such as bakeries, locksmiths, bed and breakfast, and landscaping — what is not found on the list is metal fabrication.

Development Services Director Marty Needham told the commissioners that the Planning Board recommended denying the rezoning request as it did not meet criteria for compatibility with surrounding land and zoning, was not in accordance with the 2040 Land Use Plan and was not in the best interest of the community.

The Planning Board’s recommendation was not binding but area resident Heidi Brintle said she hoped the commissioners would take that recommendation to heart. At one point during her comments, she asked all the neighbors of the area who were there in opposition to stand and roughly two-thirds of the gallery rose.

Attorney Howard Jones advised the board prior to Monday’s meeting that the applicant had submitted a third site plan that included changes based on feedback from neighbors. Jason Tate of Red Oak Development LLC said he held a community meeting on Feb. 6 to speak with those who live around the land under consideration to hear their concerns, but it was lightly attended.

The late submission of a new site plan threw a shoe into the machine right from the start. Jones and county attorney Ed Woltz agreed that the hearing could not proceed without some clarification as to what was being considered. The third site plan could not be debated on Monday they felt as it had never been seen by the board or the public at large.

Woltz said the third plan was not part of the public notice and to consider the new plan might “be a bit of bait and switch.”

A public hearing allowed those opposed to speak, including Bill Haymore who brought photos to illustrate his points. He showed overhead views of the site and highlighted new building construction that the board was told had been done without permits.

Traffic was another of his concerns and he showed photos of 18-wheelers backing into the lot, blocking both lanes of traffic in so doing. Another photo showed the lay of the land and the curve that Old Highway 601 takes directly in front on the property.

Haymore said this stretch of road is not meant for highway business and that is why there is no HB zoning found along Old Highway 601.

Jason Easter told the board that as a licensed contractor he has an understanding of the process. “You can’t even build a ten by ten building here without a permit. This is more than what they are doing in those buildings, it’s the buildings themselves that are dangerous.”

“Their application says that employees work in every building, but they haven’t been inspected… Show me a piece of paper from a structural engineer that allows them to do it, show it to me — it’s not there,” he said.

“After listening to all the comments tonight, I don’t see how we can proceed,” Vice Chair Mark Marion said.

“I concur with the planning board, and I will add the fact that there have been multiple construction projects over there without any consent of Surry County and permits, inspections, and so forth doesn’t pour the oil of gladness over my head. There are multiple things here that give me cause for concern,” Commissioner Eddie Harris offered.

The consensus statement said the rezoning request, “Is not consistent with the land use plan and is not reasonable in the public interest because it is not consistent with the zoning and use of the surrounding area and its impact would be incompatible with the rural nature and the residential and agricultural use of the area.”

After the board had voted down the rezoning request the hearing suddenly changed gear as a decision needed to be made as to the existing business operating out of compliance.

“Something you need to keep in mind if you deny the application is what’s the exit strategy as far as getting them out? Discuss among yourselves what is reasonable,” Woltz advised. “I don’t know is 30, 60, 90 days what’s reasonable?”

“I know the board wants to be reasonable but they also need to understand that these guys have been operating illegally for a year with impunity so that might temper the time frame,” he concluded.

“There’s going to be some people happier than others, but the board had made the hard decision to deny the request,” Tucker said. Now he felt the board needed to consider “how much mercy we have for a business that’s basically been told you cannot go on here legally any longer because you haven’t been legal to start with.”

The board reached an agreement that a cease and desist order for manufacturing on the site be issued at once followed by a 45-day order to vacate the property that would go into effect upon delivery.

Commissioner Larry Johnson probed what the process would be for the applicant to request an expedited reapplication period ahead of the normal 12 months. Jones said that is possible but there is not sufficient time to make the request and get it before both the planning board and the commissioners before the 45-day period to vacate expires.

Chairman Van Tucker commented while manufacturing must end, “These people have a right to use their property as it is currently (zoned), and they can proceed with all uses that are permitted under the code.”

The cease and desist order was delivered Tuesday that set out the terms. It said if at any time there is manufacturing of metal buildings during the 45 days, “power will be removed from the property immediately.”