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091222Special Meeting September 12, 2022 — Zoning Appeal/Water and Sewer The Randolph County Board of Commissioners met in special session at 6:00 p.m. in the 1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC. Chairman Darrell Frye, Vice -Chairman David Allen, Commissioner Hope Haywood, and Commissioner Kenny Kidd were present. Commissioner Maxton McDowell was absent. Also present were County Manager Hal Johnson, Assistant County Manager/Finance Officer Will Massie, County Attorney Ben Morgan, and Deputy Clerk to the Board Sarah Pack. Alexander James Williamson, Franklinville, NC, has requested an appeal for the decision made by the Randolph County Planning Board to approve a rezoning for 2.45 acres at 2299 Whites Memorial Rd., Franklinville Township, Tax ID 47784402024, Secondary Growth Area, from LI - CD — Light LI -CD - Light Industrial - Conditional District and RA - Residential Agricultural District to LI -CD - Light Industrial - Conditional District. The proposed Conditional Zoning District would amend the existing site plan to specifically allow for a proposed 60x200 building as per the site plan. Hal Johnson, County Manager, presented the request of New Horizon Buildings and Concrete, LLC (limited liability company). This property was originally zoned in 1989 for a warehouse and a small office. In June of 1996, a Special Use Permit was issued to allow an automotive and tractor repair shop in an existing 100 -foot by 120 -foot building. The applicant was Rodney Brown and the owner was Joey Baker. In July 2018, a rezoning request was approved for 2 acres out of the 4.45 -acre site to allow small building manufacturing in the existing building. This change of use required the rezoning. Over time, the industrial use of the property began to expand to the rear of the property with parts storage and other uses. This approximately half an acre of land remained Residential Agricultural (RA) and an industrial storage yard was not permitted in a RA zoned area. With the expansion of the industry (including production of kits for various types of metal buildings) came complaints from area property owners of noise and added truck traffic on a small driveway to the site that was not designed for heavy trucks. County code enforcement officers responded to the complaints and advised the property owner that outside storage was not allowed in this area of the property. The County Sheriff's Office also responded to noise complaints at this site. In July 2022, Rafael Vega, the applicant and owner of the 4.45 acres, requested a rezoning of the entire tract that would allow construction of a 60- by 200 -foot building located at the rear of the property. The purpose of this building was to move the material being stored outside into the existing building, and use the new building for manufacturing. Mr. Vega has approximately 25 employees, and if subcontractors were counted, the numbers would be 70 to 80. There was opposition to this rezoning request at the Planning Board meeting by area citizens who expressed concern about noise, hazardous truck traffic, and the expansion of the existing industrial operations into an area of the property that was zoned RA. 9/12/22 The County Planning Board voted unanimously to approve this request with the following conditions: 1. Hours of Operation 7:00 am to 7:00 pm, Monday — Friday; and 7:00 am to 5:00 pm on Saturdays. (there were no hours of operations previously) 2. Level 11 buffer consisting of a 35 -foot setback with a single row of evergreen trees to be installed from the rear of the existing building along the southern property line to the rear corner. 3. Existing driveway must be expanded to fifty to sixty feet in width. As allowed by North Carolina law, an appeal from the decision of the Planning Board was filed on July 13, 2022, by Alexander Williamson. Mr. Williamson states in his appeal that he, and adjoining residents, were not given equal opportunity by the Planning Board to fully represent their opposition to the impacts of this expansion and the larger manufacturing building that would be located near adjoining residences. Public Hearing Chairman Frye opened the Public Hearing at 6:10 p.m. Rafael Vega, 3281 Skyhaven Road, Randleman, is the business owner and said he agreed to every condition that was required of him. He said that Mr. Williamson had offered to help construct the building in the past, but then began complaining about the level of noise at the site. Businesses expand every day. It should not be up to one person to decide what a business should or shouldn't do. Chairman Frye asked if most of the clients come from inside the county and Mr. Vega said yes. Vice -Chairman Allen asked if the building will be open on the front and back. Mr. Vega said there will be doors and the building will be fully enclosed. This was one of the conditions he agreed to during the process. Chairman Frye clarified that the building would be enclosed on all four sides and Mr. Vega said yes. Mr. Vega said he has widened the driveway entering the property as agreed. Chairman Frye asked if Mr. Vega understood the conditions of the request and Mr. Vega said yes. Alexander Williamson, 2259 Whites Memorial Road, Franklinville, presented a petition opposing the rezoning (Attachment A). Citizens have concerns about the noise level and hazardous materials that could impact the safety of the neighborhood. Loud music has been an issue coming from this site in the past. The bass of the music carries loudly to surrounding properties and is very disruptive. The existing building is 300 feet from his property; the new building would be 100 feet from his back door. There are a lot of concerns about the noise and hazardous materials from the site. He referenced videos he sent prior to the meeting displaying the noise level. Mr. Williamson is concerned that the noise level will be worse as time progresses 9/12/22 and in the future this site could pose a large issue for the area. He and his neighbors do not want to see this happen. A previous owner of the site assured neighbors there would not be much noise or traffic, but this has changed with new ownership. There is no peace in the neighborhood with the noise coming from this site. There is no privacy and he feels like the area is not safe anymore. At the Planning Board meeting, he did not receive any questions from the Board. Chairman Frye asked Mr. Williamson to show where his home was on the map. Mr. Williamson showed where his property is and said the proposed building would be very close to his property. Chairman Frye said there are required buffers between the proposed building and Mr. Williamson's property. Mr. Williamson said he is concerned that a line of trees will not lessen the impact of the noise. There is currently brush and trees that don't seem to stop any of the noise. Some of the machine noises can be drowned out but not the music. Chairman Frye said the hours of operation cease at 7 p.m. He asked if, at the Planning Board meeting, it was stated that work was continuing beyond this time period. Mr. Williamson said yes; in the past there have been times where loading was occurring and music was playing very late at night. Chairman Frye said conditions can be imposed on the rezoning, but the individuals involved have to be respectful. Commissioner Haywood asked if workers are playing music while working. Mr. Williamson said the music is loud bass from a subwoofer. Mr. Morgan asked if the music came from a car or the building. Mr. Williamson said he does not believe the music is coming from a car. He can hear the bass throughout his home, including in the shower. Vice -Chairman Allen confirmed that Mr. Williamson owned the property he lives on and Mr. Williamson said yes. Richard Hanyok, 2311 Whites Memorial Road, Franklinville, said he lives directly beside the building. He grew up in the area. Nothing has changed from his point of view since approximately 1995. He has never felt unsafe. He has not seen anyone at the site after 6 p.m. He has not observed loading and has not heard any music. He is closer to the property than Mr. Williamson and is not sure where the music noise may be coming from. He is neutral on this subject, but felt compelled to share his experience. There is already a small buffer (another tract) between the proposed building and Mr. Williamson's home. There is no buffer between his home and the site. He has not seen anything out of the ordinary at the site. He does not foresee any issues with the business and does not anticipate any differences in the area. When he spoke to Mr. Vega after the Planning Board meeting, they discussed the conditions of approval. Mr. Hanyok said he has used Mr. Vega's driveway many times to get his own vehicles onto his property that won't fit in his driveway. He has not had many interactions with Mr. Vega but has found him to be pleasant in 9/12/22 the past. He has never seen any hazardous waste or materials on the site. His home is older and he feels that if there was noise, he would hear it. Chairman Frye asked if Mr. Hanyok had an issue with the request and Mr. Hanyok said no. Commissioner Kidd asked if Mr. Hanyok's driveway was directly beside the site driveway and Mr. Hanyok said yes. Commissioner Haywood said there is no way to account for the way sound travels. People may be affected indifferent ways due to how the sound carries. In her personal experience, construction sound near her home seems to carry to houses further away. She's heard comments before about the bass of music can be loud and disruptive. She said she would hope that the buffers would diminish the sound and the employees would be considerate. She supports employees listening to music while they work. Mr. Hanyok said Mr. Vega has always been considerate. He said sometimes he comes home late from car sales and some of the bass and other noise Mr. Williamson hears could be him working on cars at night while listening to music. The existence of this site has also illuminated the area with work lights. Hearing no further comments, Chairman Frye closed the public hearing at 6:35 p.m. Discussion Commissioner Kidd asked Chairman Frye to review the conditions of the request. Chairman Frye read the conditions aloud. Chairman Frye said it seems that Mr. Williamson is unhappy with the music noise, but the Board cannot legislate morality or respect. He hopes that Mr. Vega can be a considerate neighbor. Vice -Chairman Allen said he was concerned that the building was open ended. Chairman Frye said he got the same impression. Vice -Chairman Allen asked if a four-sided building with doors can be a condition of the approval. This would help to contain noise. Chairman Frye asked Mr. Vega if he would agree to this condition and Mr. Vega said yes. Mr. Morgan clarified that the three previously imposed conditions are already a part of this request. The Board can impose an additional condition. Mr. Johnson said Mr. Vega will have to sign the proposal showing that he's in agreement with the newly imposed condition. On motion ofAllen, seconded by Kidd, the Board voted 4-0 to approve this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, 9/12/22 to be included in the minutes, as well as the site plans) with any and all agreed-upon revisions, including requirement of the proposed building to be enclosed with four sides, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan. Water and Sewer Master Plan Update John Grey, Wooten Company Western Division Lead, reviewed Phase Two of the project scope, including the following items: a) Evaluation of water and sewer to the Chatham -Siler City Advanced Manufacturing (CAM) site b) Develop project layout and rough cost opinions for projects determined to be necessary to promote development corridors in the County but were not submitted as a Community Requests c) Develop matrix to help County evaluate and prioritize all projects (Community request and as determined to be necessary to support growth corridors in the County) d) Review other possible funding sources for projects e) Review needed capacities to support these projects f) Review overall water and sewer coordination between systems in Randolph County g) Provide written Report summarizing Phase 2 data The Water Plan is in motion, which is a $55 million cost for Asheboro. The water line runs from the Piedmont Triad Regional Water Authority (PTRWA) to Asheboro and is parallel to the existing system. Chairman Frye asked whose water will flow through the pipes. Mr. Grey said this is yet to be determined. Vice -Chairman Allen confirmed that the water would be treated and Mr. Grey said yes. The water line extends from the end of the Asheboro system through Franklinville to Ramseur. The water line through Ramseur is parallel to existing lines and will extend from Ramseur to Chatham County. The Sewer Plan is in progress, but will likely be a regional wastewater treatment plant (WWTP) at the current Ramseur WWTP site. Mr. Grey showed a map of the project layouts and gave an opinion of possible project cost, with an estimated total for the CAM site amounted to $27,218,800.00. The estimated total project cost without the CAM site equals $6,785,000.00. He gave short descriptions of requests from Archdale, Asheboro, Franklinville, Highway (Hwy) 49 Sewer, Highway 49 Water Line, Liberty, Ramseur, and Seagrove Ulah. Franklinville initially said if they could get the Hwy 64 line they did not need the Old Cedar Falls line. Now with Hwy 64 being funded through Asheboro, they would like additional consideration for the Cedar Falls Rd line. A matrix is being developed in order to evaluate projects. This matrix will include parcels affected, acres affected, number of residents benefitting, economic development benefit, economically distressed area benefit, number of Towns/Townships benefitting, beneficial for 9/12/22 commercial or industrial zoned land use, other potential funding sources, and poor wells/septic tanks benefitting. If the maintenance projects were reviewed separately from the system expansion projects, two items could be removed from the matrix: beneficial for commercial or industrial zoned land use and poor wells/septic tanks benefitting. Mr. Grey described several of the maintenance projects and matrix scores given to them, as well as the initial total scores of the system expansion projects. Vice -Chairman Allen asked for clarification regarding the scoring system. Mr. Grey said the scores were weighted and explained the theory behind the system. Mr. Grey said the scores were very dependent upon how large a project was, so a process was developed to compare projects based on a modified score using the formula "beneficial project length divided by 1,000." Based on this formula, a Modified Total Score Table was developed. He explained the differences in the scores for various projects when the Modified Total Score Table was used instead of the original matrix. Chairman Frye asked who the County would sell water to. Mr. Grey said he's not sure who the client would be. If the County doesn't want to be in the water sewer business, it needs to support growth of existing systems. Most of the projects have additional possible funding sources available, but several do not. Some areas may qualify for state or federal funding options. Mr. Grey reviewed the needed capacities to support these projects and showed a comparison of the water flow demand versus the wastewater flow generated for the various projects. There are several factors to consider in projecting future population demands, including: 1. Consider Historical Growth for each Municipality 2. Consider Influence of Toyota Plant 3. Project Associated Flow per Person 4. Project Flows/Demands for 2040 Each job created in Randolph County is estimated to increase the population by 2.5 persons. Mr. Grey showed a chart of projected flows based on average consumption in 2040 versus the July 2020 Certified Population Estimate. There is projected to be a 1,617,482 gallon per day water increase and a 1,829,212 gallon per day sewer increase. Mr. Grey said the County will need to determine how to coordinate with other agencies and municipalities regarding water. The PTRWA is expanding the water treatment plant capacity; does the county need additional resources? Randleman is also needing to increase their purchase of water. There will need to be contractual agreements between the County and multiple other agencies and municipalities. There will need to be communication with the State regarding possible future expansion of the Ramseur WWTP. Liberty will also likely have a water consumption increase that could be served from Ramseur. 9/12/22 The PTRWA will be spending $50 million which would make the County's commitment $9.6 million, plus payment for the increase in finished water purchase. The County will need to work with Randleman, Archdale, and Asheboro to determine the amount of water each respective municipality would like to purchase in order to determine the amount the County will need to increase to. The County already established an Eastern Randolph Water and Sewer District that could assist in collaboration between municipalities. Vice -Chairman Allen said the Board will need to review this information before asking questions. Chairman Frye said the County hasn't been involved and will need to study the information. Seagrove Ulah Wastewater Treatment Plant County Engineer Paxton Arthurs said there are several issues affecting the Seagrove Ulah Wastewater Treatment Plant (WWTP). One of these items was the need to address deferred maintenance work on the equipment that is currently functioning. He presented a quote from Russell Underwood, Principle Engineer, that lists the maintenance needs and costs which total $35,454. Chairman Frye asked if there was an update on the flow and Mr. Arthurs said no. Vice -Chairman Allen clarified that the quote addressed the working equipment that needed maintenance and Mr. Arthurs said yes. Chairman Frye said the funding isn't in hand yet but that wouldn't prevent the work from being done. Closed Session On motion ofAllen, seconded by Kidd the Board voted 4-0 to enter into Closed Session pursuant to NCGS 143-318.11(a)(5) to establish or instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease. Regular Session At 7:31 pm, regular session resumed. Adjournment At 7:32 p.m., on motion ofAllen, seconded by Haywood, the Board voted 4-0 to adjourn. Darrell Frye, Chairman David Allen Kenny Kidd Maxton McDowell 9/12/22 Hope Haywood Dana Crisco, Clerk to the Board 9/12/22 A41 petition against rezoning of 2.45 acres at 2299 Whites Memorial Rd. Franklinville Township, NC, Tax ID #7784402024 ATTACHMENT We the undersigned citizens of Whites Memorial Rd in Franklinville, North Carolina, hereby declare opposition to the approval of property rezoning at 2299 Whites Memorial Rd. As adjoining property owners, we have come to the consensus that allowing the 2A5 acres to be rezoned for the construction of a 60'x200' building would not be in the best interest of the community as a whole. Keeping the harmony and balance of our residential neighborhood is of utmost importance to us as a community. The construction of a new industrial builidng will disrupt many facets of daily life to us nearby residents. Printed Name Street Address Phone Number Signature We would like to Thank the Randolph County Board of Commissioners for considering the above petition and hone that as a whole we can come to a conclusion for the betterment of the Town of Franklinville, NC. 2 OQM CUjj� 95 3 (P"Lh � g� 7l e C 51 r 6-�d� 8�.r/i5 -el VS- I e rL� 9 10 11 12 13 14 15 16 We would like to Thank the Randolph County Board of Commissioners for considering the above petition and hone that as a whole we can come to a conclusion for the betterment of the Town of Franklinville, NC.