Oppose Harper Road Commercial Rezoning Case F-1626 Forsyth County NC

Oppose Harper Road Commercial Rezoning Case F-1626 Forsyth County NC

The Issue

The entire section of Harper Road between Peacehaven Road and Styers Ferry Road is residential with the majority zoned low density residential RS-40. This road is notorious for its many curves, including "Dead Man's Curve"  located on a steep hill near the Blanket Creek bridge.  Both development of the Publix Shopping Center and expansion of the YMCA on Peacehaven Road have  changed Harper Road from a local scenic country route to a primary thoroughfare for avoiding   traffic and stop lights on Lewisville-Clemmons Road.

An application for Commercial Rezoning  F-1626 Clemmons Gymnastics (Special Use Limited Rezoning RS-40 to LB-L) has been submitted to   Winston-Salem/Forsyth County Planning for the property located at 2570 Harper Rd.  The final decision will be made by the Forsyth County Board of Commissioners.  The proposed uses are:

 Recreation Services, Indoor

Establishments engaged in providing indoor amusement or entertainment services. This definition includes all uses in the following SIC groups:

·        791 Dance Studios, Schools, and Halls

·        792 Producers, Orchestras, Entertainers

·        793 Bowling Centers

·        7941 Sports Clubs, Managers, and Promoters

·        7991 Physical Fitness Facilities

·        7993 Coin-Operated Amusement Devices

·        7997 Membership Sports and Recreation Clubs

·        7999 Amusement and Recreation, NEC (Except Batting Cages, Go-Cart Raceway, and Golf Course, Miniature).

Recreation Facility, Public

An area or facility designed to meet the demand for active recreation, including play fields, ball diamonds, parks with picnic and playground equipment, par courses, tennis courts, swimming pools, tot lots and similar uses, available to the public and under the management or control of a public agency

Child Care, Drop-in

Child Day Care Center

Child Care, Sick Children

Church or Religious Institution, Neighborhood

A church or religious institution in which the seating capacity in the sanctuary or main activity area is six hundred (600) persons or less

Church or Religious Institution, Community

A church or religious institution in which the seating capacity in the sanctuary or main activity area is greater than six hundred (600) persons.

Club or Lodge

 A building or land used for the activities of a private club or social organization, and not adjunct to, or operated as, or in connection with a public tavern, cafe, or other place open to the public.

 The approval of commercial zoning completely surrounded by an extensive area of low density residential zoning would be contrary to the intent of Forsyth County's zoning ordinances. If approved, this commercial rezoning will directly endanger the welfare and safety of the neighbors and increase traffic hazards at nearby residential driveways and for others traveling on Harper Road.

2570 Harper Road is currently for sale by New Hope Presbyterian Church (NHPC), which has chosen to pursue a higher value commercial use rather than consider available options for the property to continue to be used as a Neighborhood Scale Church.   NHPC was granted the privilege of building an out of scale commercial building  on RS-40  zoned property (and surrounded by RS-40 zoned property) when they obtained a zoning permit to operate as a Neighborhood Scale Church.  This privilege heavily relies on the assumption that churches operate on a different schedule than most businesses and thus activities are not timed during typical weekday morning and evening  peak traffic flows . This, along with limited accessory uses, creates the expectation of manageable impact to surrounding residences.  

The potential buyer of the NHPC property has chosen to submit their commercial rezoning application through a Forsyth County process that eliminates the requirement for a site plan with a Special Use rezoning application.  Eliminating a site plan saves time and money for the applicant but creates an unacceptable burden for the neighboring property owners and surrounding community.  This is not a flat "cookie cutter" property.  It has numerous  features that have to be addressed such as: drainageways, slopes and Duke Power overhead transmission lines  in areas where bufferyards are required;  uses with unspecified activities that have no limit on outdoor noise, lighting and distance from residential property lines (Club or Lounge); impact of lighting on adjacent properties topographically lower than the  outdoor activity areas (maximum allowed height of 80 ft. in LB District); unlimited hours of operation and high traffic during peak hours (gymnastics academy); and location on a curvy road with multiple driveways in close proximity to each other (illuminated signs and maximum sign height of 35 feet allowed in LB district and would further impact people driving by).  To even begin to evaluate the impacts from each indoor and outdoor proposed use   the neighbors would be required to obtain a survey map showing structures, parking lots, driveways, utilities, easements, lighting, signs, Public access areas (recreation Services, Public) and bufferyards applicable  to each of the requested uses.

Granting   commercial zoning in a residential area, just because the building is already there by way of prior construction as a Neighborhood Scale Church, would destroy the trust between churches  and their neighbors in residentially zoned areas.  Any church located in a residential zone could expect to apply this precedent and make a profit by selling their facility as a commercial property.  This would not be beneficial in the long term to the privileges afforded to churches or the protections afforded to their neighbors in the Forsyth County zoning ordinance.

Please sign this petition in opposition to this commercial rezoning.  It is currently anticipated that this case will be scheduled for the February 9, 2023 Planning Board meeting. The applicant is required to notify property owners within 500 feet of the property and conduct a community meeting prior to the public hearing.   It is never too soon to start letting your neighbors know and start planning to attend the community meeting and public hearing. Updates to this schedule will be posted on the petition as soon as information is available.  

 

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The Issue

The entire section of Harper Road between Peacehaven Road and Styers Ferry Road is residential with the majority zoned low density residential RS-40. This road is notorious for its many curves, including "Dead Man's Curve"  located on a steep hill near the Blanket Creek bridge.  Both development of the Publix Shopping Center and expansion of the YMCA on Peacehaven Road have  changed Harper Road from a local scenic country route to a primary thoroughfare for avoiding   traffic and stop lights on Lewisville-Clemmons Road.

An application for Commercial Rezoning  F-1626 Clemmons Gymnastics (Special Use Limited Rezoning RS-40 to LB-L) has been submitted to   Winston-Salem/Forsyth County Planning for the property located at 2570 Harper Rd.  The final decision will be made by the Forsyth County Board of Commissioners.  The proposed uses are:

 Recreation Services, Indoor

Establishments engaged in providing indoor amusement or entertainment services. This definition includes all uses in the following SIC groups:

·        791 Dance Studios, Schools, and Halls

·        792 Producers, Orchestras, Entertainers

·        793 Bowling Centers

·        7941 Sports Clubs, Managers, and Promoters

·        7991 Physical Fitness Facilities

·        7993 Coin-Operated Amusement Devices

·        7997 Membership Sports and Recreation Clubs

·        7999 Amusement and Recreation, NEC (Except Batting Cages, Go-Cart Raceway, and Golf Course, Miniature).

Recreation Facility, Public

An area or facility designed to meet the demand for active recreation, including play fields, ball diamonds, parks with picnic and playground equipment, par courses, tennis courts, swimming pools, tot lots and similar uses, available to the public and under the management or control of a public agency

Child Care, Drop-in

Child Day Care Center

Child Care, Sick Children

Church or Religious Institution, Neighborhood

A church or religious institution in which the seating capacity in the sanctuary or main activity area is six hundred (600) persons or less

Church or Religious Institution, Community

A church or religious institution in which the seating capacity in the sanctuary or main activity area is greater than six hundred (600) persons.

Club or Lodge

 A building or land used for the activities of a private club or social organization, and not adjunct to, or operated as, or in connection with a public tavern, cafe, or other place open to the public.

 The approval of commercial zoning completely surrounded by an extensive area of low density residential zoning would be contrary to the intent of Forsyth County's zoning ordinances. If approved, this commercial rezoning will directly endanger the welfare and safety of the neighbors and increase traffic hazards at nearby residential driveways and for others traveling on Harper Road.

2570 Harper Road is currently for sale by New Hope Presbyterian Church (NHPC), which has chosen to pursue a higher value commercial use rather than consider available options for the property to continue to be used as a Neighborhood Scale Church.   NHPC was granted the privilege of building an out of scale commercial building  on RS-40  zoned property (and surrounded by RS-40 zoned property) when they obtained a zoning permit to operate as a Neighborhood Scale Church.  This privilege heavily relies on the assumption that churches operate on a different schedule than most businesses and thus activities are not timed during typical weekday morning and evening  peak traffic flows . This, along with limited accessory uses, creates the expectation of manageable impact to surrounding residences.  

The potential buyer of the NHPC property has chosen to submit their commercial rezoning application through a Forsyth County process that eliminates the requirement for a site plan with a Special Use rezoning application.  Eliminating a site plan saves time and money for the applicant but creates an unacceptable burden for the neighboring property owners and surrounding community.  This is not a flat "cookie cutter" property.  It has numerous  features that have to be addressed such as: drainageways, slopes and Duke Power overhead transmission lines  in areas where bufferyards are required;  uses with unspecified activities that have no limit on outdoor noise, lighting and distance from residential property lines (Club or Lounge); impact of lighting on adjacent properties topographically lower than the  outdoor activity areas (maximum allowed height of 80 ft. in LB District); unlimited hours of operation and high traffic during peak hours (gymnastics academy); and location on a curvy road with multiple driveways in close proximity to each other (illuminated signs and maximum sign height of 35 feet allowed in LB district and would further impact people driving by).  To even begin to evaluate the impacts from each indoor and outdoor proposed use   the neighbors would be required to obtain a survey map showing structures, parking lots, driveways, utilities, easements, lighting, signs, Public access areas (recreation Services, Public) and bufferyards applicable  to each of the requested uses.

Granting   commercial zoning in a residential area, just because the building is already there by way of prior construction as a Neighborhood Scale Church, would destroy the trust between churches  and their neighbors in residentially zoned areas.  Any church located in a residential zone could expect to apply this precedent and make a profit by selling their facility as a commercial property.  This would not be beneficial in the long term to the privileges afforded to churches or the protections afforded to their neighbors in the Forsyth County zoning ordinance.

Please sign this petition in opposition to this commercial rezoning.  It is currently anticipated that this case will be scheduled for the February 9, 2023 Planning Board meeting. The applicant is required to notify property owners within 500 feet of the property and conduct a community meeting prior to the public hearing.   It is never too soon to start letting your neighbors know and start planning to attend the community meeting and public hearing. Updates to this schedule will be posted on the petition as soon as information is available.  

 

Petition Updates