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Commissioners approve small Hull rezoning but deny Joyce's large rezoning after neighbors object
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Summary
The board approved rezoning ZCR1275 (Hull) for 0.635 acres near Mount Airy from Residential Limited to Highway Business, citing consistency with the 2040 land-use plan; the board rejected ZCR1276 (Joyce), a request to rezone 6.88 acres on Smith Road to Community Business, after staff and neighbors raised access, buffering and school-traffic concerns.
Surry County commissioners voted March 16 to approve rezoning case ZCR1275, a request to rezone roughly 0.635 acres at 232 Toast Road from Residential Limited to Highway Business, and to deny ZCR1276, a larger request to rezone about 6.88 acres on Smith Road from Rural Agricultural to Community Business.
Planning staff presented ZCR1275 and recommended approval, noting adjacent parcels and the 2040 land-use plan supported mixed residential and commercial uses in the area. Howard "Bill" Hull Jr., speaking for the property owners, said the family has no immediate plans for development but sought to regularize zoning because part of the parcel is already zoned highway business: "We don't have any definite plans to do anything here yet, but we knew that this parcel was already partially zoned highway business," he said. After a motion and second, the board voted to approve the rezoning and adopted the Planning Board's consistency findings.
On ZCR1276, staff described potential conflicts: Highway 601 in that area is controlled access, which could complicate obtaining an NCDOT commercial driveway permit; White Plains Elementary School sits about a half-mile away; and Planning Board recommended rejection because a general rezoning would remove opportunities to impose conditions such as buffering or access controls.
Multiple neighbors spoke at the public hearing. Adjoining landowner Larry Slaughter asked the board to follow the Planning Board recommendation and to allow the parties time to pursue a conditional rezoning. Owner Ronnie Joyce said he is pursuing deeded access and plans to obtain a commercial driveway permit: "I have no intentions of using Smith Road for access at all," he said. Nearby resident Lisonbee Bobbitt urged denial of the general rezoning, warning of noise, lights, traffic and potential impacts on property values and school traffic and saying a conditional rezoning with limitations would be preferable.
The board discussed precedent and the county's conditional rezoning procedures, including a one-year waiting period for refiling general rezoning petitions unless the board waives it. A motion to follow the Planning Board's recommendation and deny ZCR1276 carried on a voice vote.
The board's actions adopt the planning findings on each case. For both items, commissioners framed the decisions as land-use consistency choices tied to the 2040 plan and to traffic and buffering concerns raised during the public hearing.
