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082118 Zoning AppealsAugust 21, 2018 Special Meeting — Public Hearing for Zoning Matters The Randolph County Board of Commissioners met in a duly advertised special session at the 1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC, at 6:00 p.m. to hold public hearings on zoning matters. Commissioners David Allen, Darrell Frye, Kenny Kidd, Maxton McDowell, and Hope Haywood were present. Also present were County Manager Hal Johnson, County Attorney Ben Morgan, Clerk to the Board Amanda Varner and Deputy Clerk to the Board Dana Crisco. Rezoning Public Hearing and Actions for Appealed Requests Chairman Allen explained per the (UDO) Unified Development Ordinance (Chapter 2, Article XIII, Section 40: If an appeal is made on a decision of the Planning Board, then the County Board of Commissioners shall make the final decision on the rezoning petition. Any person aggrieved by the action of the Planning Board has the right to appeal the decision to the County Commissioners by giving notice in writing to the County Manager within 15 days of such decision. At 6:05 p.m., the Board entered into a duly advertised public hearing to consider the first appeal to a rezoning request. Planning Director Jay Dale presented the following information. ANDREW F SADDLEMIRE, 2533 Glade Rd, Asheboro, NC, has requested an appeal for the decision made by the Randolph County Planning Board to approve the request of Donald Lanier for 41.42 acres on Cable Creek Rd, Cedar Grove Township, to be rezoned to Conventional Subdivision Overlay Exclusive Conditional District. Tax ID 4 7730248894, 7730153182, 7730156118 and 7730248276. Secondary Growth Area. The Conditional Zoning District was approved to specifically allow an eight lot site built subdivision with a minimum 1,300 sq. ft. heated area as per site plan. The Planning Board reviewed this request at a public meeting on July 10, 2018, and unanimously recommended this request be approved as consistent with the 2009 Growth Management Plan. The Planning Board found the following policies within the 2009 Growth Management Plan that support determination of consistency with the adopted plan and this recommendation: Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Policy 6.13 Conventional Residential subdivisions are anticipated of similar housing characteristics to the community. Mr. Dale said this was a considerable reduction from the originally proposed 23 lot subdivision which was approved by the planning board but declined by the Commissioners prior to the change in the UDO. The revised request does not require a new road as the original request did. Mr. Dale said there is some flooding in the area at times but feels the impervious surface area decreased by 75% without the proposed road and extra housing. The matter is now being appealed to the Randolph County Board of Commissioners based on the assertion of Mr. Andy Saddlemire that the well studies are incomplete and "suspect" as well as an assertion that the flooding in the area is a "taking" based on a Supreme Court decision from 2012. 8/21/2018 To address the first assertion, that the flooding in this area constitutes some sort of "taking," Mr. Saddlemire submitted the case of Arkansas Game and Fish Commission v. United States. Mr. Dale said this was a Supreme Court case decided on December 4, 2012. He included an overview of the case in the packet but said, in short, the Court decided flooding taking place on land owned and operated by the Arkansas Game and Fish Commission as the result of a dam being operated by the federal government was not exempt from the scope of the Fifth Amendment's Takings Clause as the federal government was claiming. This of course opened the federal government to liability suits. Mr. Dale explained that a taking occurs when a regulation of act of government so significantly impacts the use of private property that is has the same effect as government seizure of the property and is unconstitutional unless the property owner is compensated. He said there are some flooding issues in Winding Woods Subdivision area but none of it is the result of anything the government has done nor that the subdivision Mr. Lanier has proposed will in any way impact the current flooding situation. In fact, Mr. Dale said, Mr. Lanier stated in public hearing that he would be willing to do landscaping that would help redirect the water and alleviate some of the flooding issues. Mr. Saddlemire's second assertion is that the wells in the area are contaminated with various metals that are in the soil as a result of a brick manufacturing company that was located on the site in the 1950s and that the contamination should be addressed before any further development is allowed on the site. Mr. Dale included in the agenda packet a report submitted by Ms. Amy Axon, Hydrologist for the NC Department of Environmental Quality (DEQ), dated April 9, 2018. Ms. Axon's report states that 48 wells in the area were tested. The report goes on to state that "No evidence has been found to indicate that the Arsenic and Vanadium found in the neighborhood wells can be attributed to anything beyond the naturally occurring geologic characteristic of the area." Mr. Dale said it should also be noted that the levels are within safe ranges for drinking water with the exception of a few wells that have elevated levels of Vanadium. The report goes on to say those levels are under regulatory review and will likely be adjusted by the DEQ placing the levels of Vanadium in the wells within safe ranges for drinking water. The NC DEQ acted responsibly and installed some water systems until testing was complete and was to remove them when the water was deemed safe. Chairman Allen asked Attorney Ben Morgan to review the procedure since this is the first appeal case the Board has had since the change in the UDO. In the case of an appeal, the Board of County Commissioners shall hear the application de novo (anew). It is appropriate for the Board to know the decision the Planning Board made but the Commissioners will hear the request as if it was new and had not been heard. The Commissioner can consider the same conditions the Planning Board approved or do something different. The applicant will provide some testimony, then those in opposition, with the applicant having the opportunity for rebuttal. Commissioner Frye stated that the report concludes that the contamination in the soil was naturally occurring. Mr. Dale said, yes, that it was the opinion of the NC DEQ that it had nothing to do with the brick making operation of the 50s and the elements are fairly common. Commissioner Frye questioned the condition that a berm would be constructed to divert water and if a larger pipe could be installed under the road. Mr. Dale confirmed that Mr. Lanier has said he would do some landscaping and construct a berm to control and divert water from the first six lots on Glade Road into the pipe that will carry it under Glade Rd. A larger pipe would have to be considered by the Department of Transportation (DOT). 8/21/2018 Donald Lanier, P.O. Box 383, Asheboro, NC, said he spoke specifically to Justin Richardson, Engineer with NC DOT, and a letter was provided by Mr. Richardson to the Lowe family stating that all the pipes were installed to DOT specifications at the time Glade Road was put into the State Road System. (This letter was marked as Exhibit 1 -Applicant and is attached to these minutes.) Mr. Lanier stated five of the eight lots are an average of five acres each which exceeds the County ordinance. He has agreed to place a berm behind the first six lots on Glade Road to reroute the water to the vacant lot and through the DOT pipe under Glade Road and away from the homes. He also reiterated that the NC Department of Environmental Quality (DEQ) tested 48 wells and said the chemicals are naturally occurring and installed filtration systems. He reminded the Board that the original request was for 23 tracts and now there are only eight with the new street removed from the plans, changing the number of impervious surfaces (impenetrable materials). He said several homeowners that were against the initial 23 tracts are no longer in opposition to the eight site -built homes. Mr. Lanier then addressed the flooding stating that this acreage is not in the one hundred year floodplain. The flooding that occurs on Glade Road is due to the natural lay of the land. He noted that the four lots on the left side toward the cul-de-sac end of Glade Road back up to the creek. He estimated it to be a 30 ft. to 40 ft. fall in grading from the beginning of Glade Road to the end of it. By creating a berm to divert water into the pipe that goes under Glade Road, Mr. Lanier believes it will help reduce water that runs from the field and continues to run onto those first six lots on Glade Rd. The next five right hand lots after the pipe on Glade Road slope to the rear of the property and into the open field by natural lay. Chairman Allen asked if any covenants go with the land. Mr. Lanier replied that there are restrictive/protective covenants on the lots and listed some of those, as follows: 1,300 square foot site -built homes only, no commercial livestock, no junk yard, and no business operations. An accessory building of residential style materials is allowed. Impervious materials may include a concrete or asphalt drive. Fescue grass would be planted in yards. Mr. Morgan added that those covenants are part of the application and part of the packet. Mr. Lanier said they have kept the land in farm lease and the residents have complained about that as well. "They have complained about residential construction and the farmer." He said they've had complaints about field cuttings coming onto other homeowner's properties and been asked to come clean them up. There have been concerns about the farmer spraying fields and the spray killing Leland Cypress trees but Mr. Lanier has seen no evidence. There has been opposition to the farmer killing deer to keep them out of the soybeans even though he was given a permit by NC Wildlife. Mr. Lanier said there are land use rights for the Lowe heirs and they are "trying to be as sensitive as they can to this group of neighbors and stay within something that is fair to all parties." They have reduced the number of lots by 67% and changed the amount of possible impervious area by about 75%, going well over and above what they have land use rights for restricted residential zoning. This tract of land was to be section three of Winding Wood Subdivision and was stated that this tract was to be future development when each person bought their lot on Glade Road and Winding Woods Lane. Mr. Lowe failed to record his plat for section three, "but if he had of, there would be 23 lots there today." 8/21/2018 Commissioner Frye asked when the testing and use of bottled water is to stop. Mr. Lanier said it was stated in a letter from NC DEQ that it was to have been April 2018 and that since this was naturally occurring they would be removing water filtration systems unless the homeowners wanted to take responsibility for them. He said he doesn't know when DEQ stopped giving them bottled water. Commissioner McDowell, Frye and Kidd wanted to clarify that there would be five driveways added on Cable Creek Road and three to Glade Road. Mr. Lanier confirmed. Mr. Lanier asked if he could respond to issues that may be presented in opposition. Johnny Murray, 2320 Glade Rd., Asheboro, spoke in opposition to the subdivision request. He said the residents still have runoff. He stated that the DEQ had only taken soil samples of fill dirt with an auger and not to the depths of a well. He wanted more testing to be done by the DEQ. He had the DEQ install the $12,000 filter system they offered but now DEQ says the levels of metal in the water are naturally occurring. He said the person renting the land currently was using it as a field. To keep the deer from eating his crop, the renter had obtained a permit from Wildlife Resources that allowed him to shoot the deer. Mr. Murray said that he witnessed the renter shooting from the right-of-way which is not legal. Andrew Saddlemire, 2533 Glade Rd., Asheboro, expressed his concerns and opposition to the zoning, at length (approximately 1 % hours). He said that the water in their wells is contaminated. He also stated that he and neighbors continue to have flooding issues. Mr. Saddlemire spoke of an old brick yard that had existed back in the 1950s on the property in question. After much research, he said he felt that this brick yard had created hazardous water in wells with many caustic chemicals still existing in the soil. Although DEQ had tested wells and soil in their area, he felt more extensive testing should have been done, soil sampling should have been taken at different locations throughout the property, and soil borings should have gone deeper. Next, he addressed his interactions with Department of Transportation (DOT) officials who stated the drainage pipes installed under the road were adequate to handle storm runoff in their area. Mr. Saddlemire did not agree with them. He did say that his concern with the runoff was decreased somewhat with the new eight lot subdivision having much less impervious surface area than the 23 lot version that had been denied last year. However, he still did not want any other families to be subjected to the contaminated water and frequent flooding that continues to plague the neighborhood. Mr. Saddlemire stated that his problem was with the NC DEQ and DOT. As well as passing out pictures and displaying samples of rocks found in the back yard of Arthur Deaton, he handed the Clerk to the Board 131 pages of supporting materials and a petition with 23 signatures to be kept on file with meeting information after his presentation. Arthur Deaton, 2627 Winding Woods Lane, Asheboro, spoke in opposition to the zoning. He said he did not know who to call about rechecking his well. He and his family are still 8/21/2018 drinking bottled water. He questioned how DEQ could say the water was fine now when they originally told him not to use it at all. He said the creek runs through his yard and he wanted to know what effect rerouting the water would have on the creek. Mark Stout, 2319 Glade Rd., Asheboro, stated he has his water tested. He is no longer using the filtration system provided by DEQ but said he needed to divulge that there was a water problem. Chad Rayle, 2507 Glade Rd., Asheboro, said he is opposed to the project because the added houses will cause more runoff. Karen Smith, 2477 Glade Rd., Asheboro, stated she opposed the approval of the zoning because a driveway would be placed across from her driveway and the water would run towards her property. Lynda Stout, 2319 Glade Rd., Asheboro, asked if there was any way to force the State to conduct testing. Chairman Allen said he had never known the State to do anything they did not want to do. She then asked if Mr. Lanier and Mr. Lowe would be required to tell prospective buyers about the problems with the water quality in the area. Mr. Morgan responded that there is a requirement for them to do that. Mr. Lanier responded to the comments that had been made. He stated that Mr. Saddlemire had chosen to build his house in the creek watershed knowing the flooding issues. Mr. Saddlemire previously lived across the street before building on his current lot. He reminded everyone that this hearing was not about waste, the DOT, or DEQ and that the Commissioners had no jurisdiction over the concerns that had been raised. Commissioner Frye asked if this property had any wetlands that would need mitigation. Mr. Lanier said that he was not aware of any. "There was dirt that had been dug there to build brick over fifty years ago but nothing about wetlands from the Army Corp of Engineers." Commissioner Kidd asked for clarification of the berm. Mr. Lanier explained that the berm would be at a height of three to four feet with a slight slope to the culvert pipe which he estimated to be about twenty four inches wide. This would be used for water diversion from the back yards of the first six lots on Glade Road. Commissioner Frye asked who would develop the lots. Mr. Lanier stated that lots would be sold to individuals who would use a builder of their choice. Commissioner Frye said that there had been longstanding issues on that property that are not the responsibility of this Board. Chairman Allen stated that if this was developed as presented, there would be no hunting and shooting of deer on the property. He said any water contamination is a NC DEQ issue; this zoning hearing is not to determine if the level of contaminants is appropriate. He stated that the flooding could be mitigated by grass in the yards of the lots. He mentioned that the drainage pipe under the road was a DOT issue not a County issue. 8/21/2018 Commissioner Haywood stated that the water quality is nothing the County has control over but that it does concerns her to put homes there. Commissioner Kidd said water quality is a concern but it is out of the hands of this Board. He felt the project was much more responsible than the previous version. Commissioner McDowell pointed out to the Board and the audience that Mr. Lanier and Mr. Lowe could arrange the lots differently and still put up to six houses of any type (stick built, modular, single wide or double wide mobile homes) on this Residential / Agricultural (RA) zoned property without any zoning approval and without any special covenants. As long as the homes passed building codes, the builder could do what they wanted. He said this proposal was much better than nothing. "At least there were restrictions." Mr. Lanier said if he had ten acre tracts or greater, it would be considered a minor subdivision per the existing Randolph County UDO. Commissioner McDowell said the question is, "Would one rather this Board regulate the subdivision or the applicant to withdraw the request and do what is allowable under the UDOT' Mr. Saddlemire asked to speak again to clarify that it was true that he had a house at 2507 Glade Road but that he already owned the property he had bought from Sam Lowe and asked was he not to build on it. Mr. Saddlemire said he has not received any explanation back from DEQ so how can Mr. Lanier say the water is okay to drink. He has asked for the water quality information, but had not received it. He said Mr. Lanier obtained the information from "someone at the County who leaked the information from the Health Department." Mr. Saddlemire also said he asked that the water be redirected to Cable Creek Rd. and not to Glade Rd. because the water that goes in the culvert is what is going into the creek and making it flood. At 8:20 p.m, Chairman Allen closed the public hearing. Commissioner McDowell said he understands the concerns of the citizens but if the Board denies the request, the applicant can redesign the lots and be close to this proposal, but without restrictions, and homes of any kind would be allowed. If the Board approves the request, the neighbors have some protection on the type of home and help with trying to divert some water. "The recommendation of the Technical Review Committee and the Planning Board was to approve the request." Commissioner Frye agreed that approving this request provides some restrictions about what can be on the lots. This process has elevated the problems that exist and Commissioner Frye suggested the citizens continue to try to get answers from DEQ and if they are concerned with the culvert to contact DOT for further review. It is required that potential buyers be made aware of the water issues. 8/21/2018 Chairman Allen said if it is developed the deer population should go elsewhere for food and there would be no more shooting of deer being a nuisance to the crops, so that would be taken care of. "This is a zoning hearing and the Board can't do anything about water quality or existing flooding in other areas of the neighborhood." It would be up to Mr. Lanier to let those potential buyers know about the water quality. Chairman Allen said he also feels going from an agricultural field to a manicured yard may also help with the runoff of water from the field. Commissioner Haywood said although the Board has no control of the water quality, it does concern her to put more homes into what could potentially be the same situation. Commissioner Kidd said the water quality is a concern for him too, but out of the Board's authority. "I'd be unhappy if I was a property owner there." He said he does feel like it is a much better project than was presented previously. Mr. Morgan, as a reminder, pointed out that if the Board wanted the berm to be a condition that it would need to be included in the motion. He also reminded them that they needed to determine the consistency and reasonableness in with the motion or consider as two separate motions. On motion of McDowell, seconded by Frye, the Board voted 3 to 2, with Kidd and Haywood opposing, to approve the request of Donald Lanier with the condition that Mr. Lanier will construct the berm as presented. On motion of McDowell, seconded by Frye, the Board voted 3 to 2, with Kidd and Haywood opposing, that the request is consistent with the standards and policies contained within the Growth Management Plan and as outlined in the recommendations provided by the County Planning Board; and having further found from information and testimony provided at public hearing, that the proposed rezoning is reasonable and in the public interest. Commissioner Kidd urged those residents to call the Randolph County Soil and Water Conservation District office to see if they can assist. Recess At 8:38 p.m., the Board took a recess. Meeting Resumed At 8:45p.m., the meeting resumed. WILLIAM CRAIG FRAZIER, 2051 Lake Lucas Rd., Sophia, NC, has requested an appeal for the decision made by the Randolph County Planning Board to approve the 11.10 acres on Old County Farm Rd, Back Creek Township be rezoned to Conventional Subdivision Overlay Exclusive Conditional District. Tax ID# 7743266166. Secondary Growth Area. Back Creek Watershed. The Conditional Zoning District was approved to specifically allow an eight lot site built subdivision with a minimum 1,400 sq. ft. heated area as per site plan. The Planning Board reviewed this request at a public meeting on July 10, 2018, and unanimously recommended this request be approved as consistent with the 2009 Growth Management Plan. The Planning Board found the following policies within the 2009 Growth Management Plan that support determination of consistency with the adopted plan and this recommendation: 8/21/2018 Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. A Resolution Adopting The 2009 Randolph County Growth Management Plan, Item 1, Recognize that sustainable economic growth, environmental protection, and rural quality of life can be pursued together as mutually supporting public policy goals. Mr. Dale said the developer has withdrawn his request for the Planning Board approved eight lots and reverted back to his original site plan with the requested nine lots and original setbacks for the Commissioners to consider. Mr. Dale stated that the matter is being appealed to the Randolph County Board of Commissioners by Mr. William Craig Frazier based upon three "major points of contention." Those points are (1) consistency in surrounding property uses, (2) potential pollutants from runoff and (3) continued use of the adjoining property after the subdivision is approved. The first point of contention is the consistency in surrounding property uses. Mr. Frazier states in his appeal that, "The rezoning of the track (sic) to Conventional Subdivision Overlay Exclusive Conditional District is inconsistent with neighboring property uses and has the potential to negatively impact both the neighboring land and the use of that land by the owners." The majority of the surrounding property belongs to Mr. Frazier and is farm deferred. When looking at the Development Impact Analysis that was prepared by the Planning staff, there are currently eleven residential subdivisions within one mile of the proposed subdivision. In those eleven subdivisions there are 257 individual lots. There are 124 site built homes and 116 mobile homes in that same one -mile area. The average house size in the same area is 1,685.91 sq. ft. with the largest being 4,748 sq. ft. and the smallest being 640 sq. ft. in a total area of 2,332.41 acres. Most of the subdivisions in the one -mile area were developed prior to County- wide zoning. The pattern for this area was established years ago as an area for single-family residential development and the Growth Management Plan has identified this area as a Secondary Growth Area. Mr. Dale stated the type of development, as proposed by Excel Building Group, fits the pattern for this area of the County. He also noted that the developer could have proposed lots that were 100 ft. wide at the State road but he decided to try to go larger lot widths to help the proposed development. The Development Impact Analysis calculated the average road frontage for the lots to be 123.23 ft. The second point of contention is related to the "potential pollutants from runoff." A review of the minutes from the July 10, 2018, Planning Board meeting reveals that nothing was said during the public hearing regarding runoff other than a statement regarding court cases in other counties where hog farms have been called a "nuisance" and fined by the court. The third point of contention is the continued use of the adjoining property after the subdivision is approved. The UDO page II -138 states that adjoining active working farms should be shown on development plans and the original plat for Excel Building Group showed the 100 ft. well setback as required. The issues of waste not being applied within 200 ft. of a residential dwelling was addressed by the surveyor for the applicant when the developer agreed to have a 8/21/2018 200 ft. setback from the east property line for a residential structure/dwelling and a 150 ft. setback for wells from the east property line. The change to eight lots was negotiated during the Planning Board hearing and the developer agreed to combine lots eight and nine into one tract and it would still have to abide by the 150 ft. well setback from the east property line but would not be subject to the 200 ft. residential structure/dwelling setback from the south property line. Excel Building Group made these concessions in public hearing as an attempt to address the concerns of the neighbors as best as possible. At 8:51 p.m., the Board entered into a duly advertised public hearing to consider the appeal to the second rezoning request. Jay Dale, Planning Director, presented the following information. Commissioner Frye asked why they didn't put the 200 ft. setback on the south end of lot nine during the Planning Board meeting. Mr. Dale explained that Mr. Frazier currently has wooded property along the southern border of what is labeled as lot nine even though Mr. Frazier had stated he did plan to clear it at some point for farming. Commissioner Frye replied that a house could be built there before Mr. Frazier clears the trees to farm it and would lose 50 ft. of his property to make up for the distance for spraying. Chairman Allen asked about the stream on Mr. Frazier's property and Mr. Dale replied that the State also requires a buffer around a stream. Commissioner Haywood stated that the original request with the nine lots only has a 100 ft. setback for wells and now understood why the Planning Board suggested the 200 ft. Dan Tanner, II, 154-B S. Fayetteville St., Asheboro, spoke on behalf of the applicant Excel Building Group and handed out a print out of the nine original lots. He said the site is mostly wooded and rolls from the road to the back. There is no flood plain or perennial stream. There is approximately 1,100 ft. of road frontage. According to the stats provided in the packet, it has been estimated that there are 2,200 cars per day. A driveway for each lot has been approved by DOT. The subdivision sits on the outside of a curve which Mr. Tanner said allows better sight distance. Each of the nine lots has approximately 110 ft. of road frontage with homes being constructed approximately 150 ft. off the road making the lots around 115 ft. -125 ft. wide and above the 100 ft. required lot. They each will have a private well situated to the front of the lot and septic systems to the rear of the property. Soil evaluation mapping has been done. Homes will be centrally located on each and will average $165,000-$175,000. Commissioner Frye asked if the land was already owned by the applicant and Mr. Tanner stated that purchase is contingent upon approval of the zoning. Robert Moran of RE/MAX Central Realty, 1500 Fawn Dr., Asheboro, representing Excel Building Group and the sellers of the property, stated that it has been a seller's market for the last two years, but supply and demand has been the issue. Adding homes to the supply helps. Mr. Moran said Mr. Frazier (and others) own 61.936 acres east of the subject property; 29.25 acres that is in forestry tax deferment in 2016 and an additional 12 acres in 2003. On the southern end of the subject property, Mr. Frazier also owns 21.661 acres with 9.66 acres of forestry put in deferment in 2011 with an additional 12 acres of open farmland put into farm 8/21/2018 deferred in 2008. He said Mr. Frazier stated at the Planning meeting that he had considered cutting the timber and turning it into farmland. Mr. Moran said he has been a neighbor to this dairy farm of Mr. Frazier's for twelve years and has no problem with the dairy farm operation and knew it was there when he purchased his home in 2006. Craig Frazier, 2051 Lake Lucas Rd., Sophia, wanted to clarify that the property couldn't qualify for the deferment program for four years, based on the state law, because it didn't actually adjoin property that they already had in the program. Mr. Frazier believes it was all put in deferment in 2007. Mr. Frazier said they can only spend money as they have it and the intention is to clear every bit of that land for pasture when they can afford to do so. He said he has converted to organic farming and can't us commercial fertilizer and must use animal waste and only natural insecticides and herbicides. Homeowners are not regulated on the amount of fertilizers or insecticides they can use and Mr. Frazier feels they probably do more damage to water supplies than a farmer. He said the new property owners would be using those products and it could run across his property damaging the "organic" state which is a huge concern for him. Mr. Frazier spoke about a recent law suit involving farms in North Carolina. None of the neighbors in this suit complained about these farms for 20 years. Two of them moved away and came back. His concern is people who move there now after he has been operating a farm for many years, will complain about smells and farming functions. He wants to protect his investment. Mr. Frazier said he requested the 200 ft. setback to minimize any loss to acreage that he would be farming and spraying. The permit by the State restricts spraying within 200 ft. of a dwelling that you do not own. Mr. Frazier said they have bought surrounding properties to protect their farming operation. The property is currently zoned RA and he said since they've made such a huge investment they need to do what they can to protect it. He said if the Commissioners allow development on this subdivision, he believes the courts would allow him to claim it as a "taking" of his land if it limits the use of his property. He asked the Commissioner, if they approve the request to please consider the 200 ft. setback from all dwellings to their property lines to minimize the impact to his operation. Commissioner Allen asked if the land were cleared around the stream would he be able to spray around it and Mr. Frazier said he could not spray within the 100 ft. buffer of the stream. Commissioner Frye asked Mr. Frazier if there were state regulations on how far he can spray from a well and Mr. Frazier said he thinks it has been expanded that from 100 ft. to 150 ft. Commissioner McDowell commented that Excel has asked for these nine lots as a major subdivision but if they wanted to change to a minor subdivision they can put three homes with no restrictions. Eldon Rosentrater, 1957 Gibney McCracken Trail, Sophia, said he is opposed to the request as it is submitted. He is concerned with the line of sight in the curve. He said NC DOT recommends 10 ft. of sight area for each 10 mph and based upon this information, the requested location would have to have a 550 ft. line of sight due to the current speed limit and there is 8/21/2018 currently approximately only 266 ft. to his drive. He suggested combining lots one and two to get the correct distance. He also stated that adding nine new driveways in this area will increase the safety issues that already exist. Mr. Rosentrater suggested putting restrictions in place to protect the farmer, such as the new property owners cannot sue the farm owner since it was a farm first. He also asked that if it was going to be approved, to consider the setbacks to keep some distance between the septic systems, wells and the farmland. At 9:33 p.m., Chairman Allen closed the public hearing. Commissioner Haywood wanted to know why Excel Group changed their request back to the original nine lots instead of the eight lots agreed upon during the Planning Board meeting that guaranteed 150 ft. setback for wells and 200 ft. setback from the property line along Mr. Frazier's property. Mr. Moran said they tried to work with what Mr. Frazier asked for during the Planning Board meeting to accommodate his requests but yet he still appealed the Planning Board's approval. Chairman Allen asked if they were willing to be accommodating again and consider the Planning Board's recommendation. Mr. Moran said they are willing to agree to the 150 ft. setback for wells, the 200 ft. setback from the property line, and combine lots eight and nine for a total of eight lots. Commissioner Frye said buyers will have to understand there is a farm beside them and it could have smells. Mr. Moran replied that the homes would be built first and people have the choice to buy and live next to it. Commissioner Haywood said it is hard to balance the need for housing and being able to protect the farmers. She said the Board should do their best to protect the margins for Mr. Frazier to continue organic farming. Commissioner Haywood made a motion to approve the request with the conditions of combining lots eight and nine, the 200 ft. setback from the back of the property and the 150 ft. setback for the wells, as was approved by the Planning Board. Chairman Allen seconded the motion. Commissioner Kidd said this offer is much better than the original request because of the setbacks on the east side, however, not having a 200 ft. setback on the south side of the property takes away from Mr. Frazier's capability to farm organically to the line when cleared. Chairman Allen said the Voluntary Agriculture District program provides notification that offers some protection and suggested to Mr. Frazier that he consider that program. Chairman Allen recommended a 200 ft. setback from the south side. The applicant was asked if that was possible. Mr. Tanner said if the south setback changed to 200 ft. they may have to combine lots seven, eight, and nine to be able to get a house in the center of the setbacks. 8/21/2018 Chairman Allen asked if seven lots was an option. Mr. Tanner consulted with Mr. Moran and Excel Builders. Commissioner Kidd asked Mr. Dale if he had any input regarding the driveway calculations Mr. Rosentrater mentioned. Mr. Dale said DOT inspected them and approved them based on state regulations. Mr. Tanner said his client will agree to the conditions for setbacks and Mr. Dale restated the conditions as setbacks of 200 ft. on the east and south sides and 150 ft. setbacks for wells. Commissioner Haywood withdrew her initial motion and made a new motion. On motion of Haywood, seconded by Kidd, the Board voted 4 to 1, with Frye opposing, to approve the request of Excel Building Group with the following conditions: • setback of 200 ft. on the east and south side for dwellings, • setback of 150 ft. for wells, and • a maximum of eight lots. On motion of Haywood, seconded by Allen, the Board voted 4 to 1, with Frye opposing, that the request is consistent with the standards and policies contained within the Growth Management Plan and outlined in the recommendations provided by the County Planning Board; and having further found from information and testimony provided at public hearing, that the proposed rezoning is reasonable and in the public interest. Approval of Amendments to the Unified Development Ordinance (UDO) Jay Dale, Planning Director, said that on June 6, 2018, the Randolph County Planning Board held a public hearing regarding proposed amendments to the Unified Development Ordinance as it relates to solar farms within the County zoning jurisdiction. Solar energy / alternative energy are growing and NC is third in solar energy production. The current UDO doesn't address solar energy. In summary the proposed amendments would establish guidelines for solar farms: • Amend to include a definition of Solar Energy Facility to Chapter 1, Definitions, as follows: CHAPTER 1. DEFINITIONS Solar Energy FacilitT. An energy facility or area of land principally used to convert solar energy to electricity, which includes, but is not limited to, the use of one or more solar energy systems. This definition shall exclude those facilities that are installed on the roof of a building where residential or commercial production of electricity is not the primary use. • Amend the Table of Permitted Uses, Chapter 2, Article VII, Section 4, Table of Permitted Uses, as follows: 8/21/2018 CHAPTER 2. ZONING ORDINANCE Amended attached table to include Solar Energy Facility and Solar Energy Residential. • Amend Chapter 2, Article VII, Section 5, Special Uses to include: CHAPTER 2. ZONING ORDINANCE Use: Solar Energy Facility Special Use District: LI, HI, RIO Screening and Fencing: Solar Energy Facilities shall be enclosed by a fence not less than six (6) feet in height which shall be approved by the Planning Director. Solar Energy Facilities shall maintain a Level 2 Buffer. Site Plan Requirements: 1. Dimensions of the property and adjacent lots and streets 2. Location, use and ownership of all existing and proposed buildings, and there dimensions 3. Streets, traffic circulation and parking areas with spaces 4. Services areas, off-street loading facilities, service drives and dimensions thereon 5. Location of all proposed landscaping, with property buffers between other uses and open spaces 6. Location of all flood zones and streams 7. Stormwater drainage and sanitary sewer where applicable 8. Size and location of signs 9. Erosion and sedimentation control plan 10. Lighting plan 11. Signage Other Requirements: Site Maintenance Plan - The applicant will be required to submit a plan that will show scheduled maintenance of the property (trimming of vegetation, routine maintenance of the equipment etc.) Decommissioning Plan - The applicant will be required to submit a plan defining conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, abandonment etc.) Furthermore a form of surety equal to 100 percent of the cost of decommissioning under the plan, as estimated by a North Carolina licensed engineer under seal, and approved by the county planning director and county attorney, either through cash, a surety performance bond, irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the county or in escrow with a financial institution designated as an official depository of the county. This 8/21/2018 surety shall be retained by the county to cover the cost of the decommissioning requirements. Mr. Dale said the Randolph County Planning Board voted unanimously to recommend approval for these amendments to the Board of Commissioners. Chairman Allen said he is on the NCACC's Ag Steering Committee and one of their concerns is solar farms and their impact on agriculture; especially the decommissioning side. He said some have interpreted "leaving it as you found it" as just driving the posts further into the ground. Mr. Dale said these changes will hopefully regulate that and if the company ceases to exist, money would be there for the County to cover any costs. At 9:56 p.m., the Chairman opened the public hearing and closed it after hearing no comments. On motion of McDowell, seconded by Kidd, the Board voted unanimously to approve the amendments to the Unified Development Ordinance to establish guidelines for solar farms, as presented. Adjournment At 9:57 p.m., on motion of Frye, seconded by Kidd, the Board voted unanimously to adjourn. David Allen, Chairman Kenny Kidd Hope Haywood Darrell Frye Maxton McDowell Amanda Varner, Clerk to the Board 8/21/2018 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS LYNDo TIPPETT GOVERNOR SECRETARY March 12, 2008 S.A. Lowe, Jr 2858 Lowe Country Rd Asheboro, NC 27205 Dear Mr. Lowe: Petition No: 48588 County: Randolph Winding Woods Subdivision Glade Rd .45 Your name was the first signature on the above petition for State Maintenance, and we are pleased to inform you that the above road has been approved for addition to the State Highway System for maintenance. This addition was approved by the North Carolina Board of Transportation at the Board Meeting on March 6, 2008. It, of course, will be impossible to notify all of the petitioners regarding the addition of these roads, and I would personally appreciate it if you would tell the interested persons for me. Division of Highways field forces will begin maintaining these roads just as soon as it can be worked into their schedule. Any improvement programmed for these roads must be accomplished within the needs for existing State Maintained Roads located in this county. Sincerely, -E�O� R.E. Blakley, P.E. District Engineer REB:asm cc: Mr. G. R. Kindley, Board Member Mr. Steve Varnedoe, P.E, Chief Engr-Operations-ATTN:Secondary Roads Officer Mr. Reid Rich, Randolph County Maintenance Engineer Mr. Derrick Clark, Randolph County Schools, TIMS Ms. Carroll Wolfe, County Addressing Mr. Hai Johnson, Randolph County Planning P.O. BOX 1164, ASHEBORO, NORTH CAROLINA 27204 PHONE (336) 629-1423 FAX (336) 629-7228 8/21/2018 — X X x X I f I X X x x 4 Fr X fi x v. X » � E x a a l �a �? X `a x it fi E � bCpCp CJA X 1511 6 & X� N x X s r N X X G o $ O 4 L o g Y$ 2 a m$ s O ;.Cc w G E� O < E m b o oc Y s& do 8 V LT B A 5 _� v = f -C N A L O - C E c e t _ c e � � _ o u _ `o_ �r C P v o O m t. m a N t t '!. o ppo ✓1 w I I N N N N UDO amended table 8/21/2018 L' M: �g 4 Fr fi ss » � E a a § �a �? `a it fi E � bCpCp CJA 1511 6 & X� o $ 4 L o g Y$ 2 a m$ s O ;.Cc w G E� O < E m b o oc Y s& do 8 V LT B A 5 _� 8/21/2018 CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBIC INTEREST DONALD LANIER REZONING REQUEST Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Board of Commissioners finds that the proposed zoning district map amendments to Conventional Subdivision Overlay Exclusive Conditional District as described in the application of Donald Lanier are consistent with the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southwest area shows the parcel to be rezoned in an area designated as Secondary Growth Area. Secondary Growth Areas generally are predominately high-density residential developments and are usually transitional in nature. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: The proposal that was denied by the Commissioners in 2017 was for a twenty-three lot subdivision. The current proposal reduced the number of lots to eight and eliminates the need for a new road thereby maintaining the rural environment and compatible residential development. Policy 6.13 Conventional Residential subdivisions are anticipated of similar housing characteristics to the community. Consistency Analysis: The Development Impact Analysis indicates that there are 370 site built homes and forty-two mobile homes within one mile of the parcel. The eight proposed site built homes are compatible since they are similar housing types found in the community. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The parcel in this rezoning request is subject to the Conditions agreed upon between the applicant and the Board of Commissioners. The developer has made concessions to address the concerns of the neighbors and has agreed to the Condition to create a berm in an attempt to improve the drainage problems. RandolphT6unty Planning Director Chair, Randolph County Board of Commissioners Clerk to the Board of Commissioners Date 40++'" �s¢, CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBIC INTEREST `a®µ EXCEL BUILDING GROUP REZONING REQUEST Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Board of Commissioners finds that the proposed zoning district map amendments to Conventional Subdivision Overlay Exclusive Conditional District as described in the application of Excel Building Group are consistent with the 20409 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the northwest area shows the parcel to be rezoned in an area designated as Secondary Growth Area. Secondary Growth Areas generally are predominately high-density residential developments and are usually transitional in nature. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: The Development Impact Analysis shows that there are 124 site built homes and 116 mobile homes within one mile of the parcel. The proposed development of eight houses would be compatible with the existing land uses in the area. A Resolution Adopting The Randolph County Growth Management Plan. Item 1, Recognize that sustainable economic growth, environmental protection and rural quality of life can be pursued together as mutually supporting policygoals. Consistency Analysis: The request to rezone the parcel helps to stimulate economic growth via purchases necessary to construct each home along with the septic systems and wells on each property. While the proposed eight site built homes will create new driveways, the overall impact is less than what the developer could have proposed. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The parcel in this rezoning request is subject to the Conditions agreed upon between the applicant and the Board of Commissioners. These Conditions will limit the number (no more than eight lots) and location of homes (200 ft, setback) and wells (150 ft. setback) to protect the existing agricultural uses of the adjoi 'ng parcels. The developer has made concessions to address the concqns of then ighbor %} % Randolph Como PlAning Director Chair,"Randolph County Board of Commissioners Clerk to the Board of Commissioners Date 8/21/2018