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041723 Zoning Appeal-StaleySpecial Meeting April 17, 2023 — Zoning Appeals 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, Commissioner Maxton McDowell, and Commissioner Kenny Kidd were present. Also present were County Manager Hal Johnson, Assistant County Manager William Johnson, County Attorney Ben Morgan, Clerk to the Board Dana Crisco, and Deputy Clerk to the Board Jenny Parks County Manager Hal Johnson reviewed the following request: MARGARET L. DUNN, has requested an appeal for the decision made by the Randolph County Planning Board to approve a rezoning for 10.01 acres on Weeden Street, Columbia Township, Tax ID 48734196253, Primary Growth Area, from RA — Residential Agricultural District to CVOR-CD — Conventional Subdivision Overlay Restricted — Conditional District. The proposed Conditional Zoning District would specifically allow a six -lot subdivision for Class A mobile homes as per the site plan. Mr. Johnson shared that there is a bill at the State level being considered that could take away the local level decision making from local government regarding the appeals process such as this one throughout North Carolina. He is proud of what Randolph County has done over the past decades in land use planning and development. He hopes that this right is not taken away from the local elected officials. Chairman Frye said, to follow up on Mr. Johnson's point, the proposed change in zoning authority is alarming. Local elected officials could have this decision making right taken away. If this legislature is passed, the State would then make the decision on issues such as this. This legislature has been introduced into the House and the Senate. Public Hearing Chairman Frye opened the Public Hearing at 6:05 p.m. and closed it after anyone wanting to speak had done so. Eric Davis, PO Box 452, Randleman, the applicant of the initial zoning request, presented two photographs of the type of homes that will be placed on the property in question (following these minutes as Attachment A). Mr. Davis stated the homes will be new Clayton homes, between 1,400 and 1,600 square feet in size, that come with a one-year warranty from the manufacturer. The price for these homes is approximately $230,000 per home. He stated that he was a real estate broker and understands that there is a shortage of homes currently. In his recent experience when placing this type of home on the market, these homes are under contract within two to three days. Mr. Davis stated that there is a church at the back, right corner of the property whose members had some concerns regarding privacy. He said that he would leave a buffer on the lot that adjoins the church to respect the privacy of the church. The lots will only be cleared for septic tank, the well, and the home. 4/17/23 Mr. Johnson asked Mr. Davis if there were preliminary soil evaluations done on each of the lots in question. Mr. Davis stated they were done and the soil there would suffice for six homes with three bedrooms each. Vice -Chairman Allen asked about the driveways and if Mr. Davis had driveway permits. Mr. Davis stated that he has met with NCDOT in person and they have permission for the driveways to be placed side by side to help with the traffic flow, so every two lots would have driveways adjacent to each other. Commissioner Haywood asked if there would be room for someone to turn their car around. Mr. Davis said they will be putting in turn-arounds beside the home so the homeowner can back into a turn -around and move forward into the road. Commissioner Haywood stated that in the material presented, Mr. Davis would not be burning the debris. It will be removed and several options were mentioned but not specified. Mr. Davis said that the debris would not be burned, but instead taken to a pulp wood facility that is nearby. Keith Burgio, 3450 Weeden Street, Staley, said he lives beside the lot that Mr. Davis just purchased and is in favor of the appeal. He moved to this current location to get away from people. He does not like people and does not like neighbors. Mr. Burgio asked if Mr. Davis was building homes or buying mobile homes to place on this property. He said that he has talked to his marketing people and the value of his home will depreciate because of the mobile homes. He has no trespassing signs on his property, but the surveying crew that Mr. Davis had do the survey were fifty feet on his property. He stated that he has a dead tree that has fallen from Mr. Davis' property that is destroying several trees on his property and that nothing has been done about it. Mr. Burgio does not approve of this at all. He currently has peace and quiet, tranquility, he gets away from everyone. He and his wife purchased this property so no one would be around them. If this zoning appeal is denied, then he will have people right in his yard. He does not want to have neighbors and he doesn't want to be around anyone. He has trail cameras on his property and he does not want to see any contractors nor workers coming onto his land, anyone at all, or they will be prosecuted. Carol Lobisser, 1395 Langley Road, Staley, stated she is in favor of the appeal. She said that she understood that the survey did not include the power line easement and asked if there was an updated survey that included it. Ms. Lobisser asked if people were going to be allowed to purchase this property with a 100 -foot power line easement on the parcels. She understands development, but feels that six lots are too many for this parcel and she prefers stick built homes because she wants to see the county grow nicely and look nice. She feels that this development will not look as nice as the other properties in the area due to them not being stick built homes. Doug Nixon, 668 South Main Street, Staley, said he knows that with the Toyota Site in Randolph County and Wolf Speed in Chatham County there is growth coming to both sides of Staley. Staley is an old town with a lot of stick built houses, and there are many lifetime residents that live there. He is concerned with there being six houses shoved in this parcel of land. There are several big trucking companies that travel the road in front of the property and from a safety aspect he would like to see the number of homes lowered to possibly three instead of six. Mr. 4/17/23 Nixon stated that when someone usually presents mobile homes for sale, the first buyers are normally great, they take care of their property and there is no crime. But the second, third, and fourth buyers of these mobile homes are not as conscientious. Staley Cove is a great example of this, the Sheriff's Department is constantly being called to come out. He did not have any logs of how many times the Sheriff's Office has gone into Staley Cove for domestic violence calls and drug use. He stated that with the companies that are coming into the town of Staley, they would like to offer nice residential places for them to live and not turn it into a "trailer park corner" of the County. Travis Pugh, 6372 Gold Field Road, Liberty, spoke in favor of the appeal and does not want this property rezoned. He owns the property south of the parcel in question, as well as a parcel that joins one corner of the property. Mr. Pugh stated that he was not against development, but being a farmer, he is very biased about land use. He works with a dairy farmer, Art Koopman, one of the biggest dairy farmers in the area that he is aware of. He and Mr. Koopman are trying to purchase these tracks of land at development prices when they know about them. Mr. Pugh asked what are we going to do when there is no more agricultural land to farm, what are we going to do when we can't feed ourselves anymore. He said that he did not know the property was for sale or he would have purchased the land to keep this parcel from being developed. He understands that the Commissioners have said the area is in primary growth, but he wants them to remember what this county and this country were founded on; agriculture. He stated that if the neighbors knew this land was for sale there would not be an issue of rezoning now, as the neighbors would have purchased the property. The neighbors of this property did not know what Mr. Davis wanted to do with the land, and they were never made aware of what was going on with the land. Mr. Pugh asked that the number of homes be cut back from six. Chairman Frye reminded the citizens that Mr. Davis can put three single -wide mobile homes on this property without and zoning. Margaret Dunn, 352 West Franklinville Street, Staley, stated the she is the person who submitted the appeal to this development. She said that the power line easement was never depicted on the map which severely limits the road frontage and the number of lots that the neighbors think are reasonable for this location. Ms. Dunn stated she had a number of concerns with this rezoning request such as the watershed, power line easement, and the transportation and safety issue, which was already addressed. This land is in a low portion of Weeden Street putting the driveways in a blind spot. Ms. Dunn stated that she has spoken with someone at DOT who gave the safety analysis on the original rezoning request that went before the Planning and Zoning Board. She said this person told her she should take notes of how many wrecks occur there and then report it to the board. She feels this is not how safety should work. Safety should be a proactive process not reactive. She said that the location of this property is very dangerous from a road standpoint. She was not sure how many of the Commissioners have been out to this property. Ms. Dunn stated that these manufactured houses do not meet HUD requirements. The property owners in Staley that have nice homes and property are not interested in manufactured homes, because they are not going to boost their value. Ms. Dunn stated that another issue with this rezoning is long-term development for Randolph County. She stated that Randolph County is an agricultural county. Randolph County was number 4/17/23 one in beef and corn, number two in dairy, number six in poultry and hay in the State. Randolph County is number one in the country for tobacco and sweet potatoes and number two in hogs and turkey. Those citizens that live in Randolph County have a long-term interest in what is happening in the county. Ms. Dunn said that if those sitting in front of her did not have any vested interest in the citizens of Randolph County, then they did not need to be there. She said, right now, the country is in a crisis in terms of agricultural food production and we should all be committed to North Carolina and certainly Randolph County since we are such a large producer of agriculture. Ms. Dunn submitted fifty-five affidavits from her small community with her original appeal opposed to the rezoning of this property. She stated that she brought fifty-one more with her to this meeting, and could have gotten more if she had the time to do so. She thanked the Board for allowing her to be a part of this process and she hopes the Board has listened to her voice along with the voices of others that have spoken. She said they are concerned about their community and the future of their community. She also thanked the Board for the meeting that will be held on Tuesday, April 18, 2023, at Eastern Randolph High School regarding the Growth Management of Northeast Randolph County. Ms. Dunn said that she was not opposed to Mr. Davis offering housing for people, but certain housing brings in all kinds of crime to our county. She would like to see stick built homes placed on the property instead of manufactured homes. She would like to see a buffer on the property line of the church as well as Mr. Burgio's property. If the church is going to get a certain buffer, then it needs to be in writing. Ms. Dunn stated that no one knew what was happening on the property until after the fact. She stated that she filed the appeal shortly after March 7, 2023. After she asked several of the surrounding property owners, only Mr. Burgio was notified of the appeal in writing of this appeal meeting. There is a problem with transparency in this community and they do not know what is going on until after the fact. Ms. Dunn stated that with the current distrust of the Federal and local government, when communities do not get notified of what is going on with items such as this, it gives the community more distrust in the local public officials. Commissioner Haywood asked who is responsible for notifying the citizens of things such as this. Mr. Johnson stated that the Planning Department was responsible. Ben Morgan, County Attorney, stated that signs are placed on the property. Every adjacent property owner is notified in writing. It is advertised on the County's website. There was a concern by several in attendance that the sign that is posted is too small and is hard to see. Bill Scotton, 1839 Browns Crossroads Road, Staley, spoke in opposition to the rezoning of this property. He stated that the area to the south of the property was agricultural as well as the properties to the north and east of the property in question. He expressed concerns with these homes being put on approximately 100 feet of land and being so close together. He said that six double -wide trailers would not fit the area at all. The members of the church had no idea of what was being proposed and he stated the sign that was posted was too small for people to see and it 4/17/23 was posted in the weeds. Mr. Scotton suggested there needs to be a larger sign posted for a better visual. Ms. Dunn stated that she knows Mr. Johnson keeps talking about all of the manufacturing business in Staley, however, there are none. There is an old pallet company in Staley that has approximately six employees, an old furniture place that is now a business that paints front bumpers, and the Main Street Grill. Staley is not a booming metropolis. Discussion Chairman Frye questioned whether or not the landowners would share driveways. Mr. Davis stated that the driveways would be adjacent to each other, not shared. Vice -Chairman Allen asked where the house would be sited on the parcel with the power line. Mr. Davis stated it would be sited to the right of the power line easement. Chairman Frye asked Mr. Davis if he had built any stick built developments. Mr. Davis said he was a licensed general contractor and had built stick built homes in the past. Chairman Frye asked if Mr. Davis considered stick built homes for the property in question. Mr. Davis said no, because, in his opinion, affordable housing is very needed for this area indicated by how many days a home is on the market. He stated that this subdivision is not a trailer park. These are nice home with brick underpinning built to high standards. These homes are inspected by HUD and they do have a HUD label. Mr. Davis said that these homes are not your typical 1980 double -wide. He understands that some people do not want change and some do not want development and he respects that, but if he cannot build homes here, where can he build them. He stated that if you look at the housing on adjacent streets, the homes are manufactured homes. Commissioner Kidd asked if a buffer was in the current plan for the church that sits to right of the property line. Mr. Davis stated it was not in the current plan, but the honorable thing to do would be for him to give the church a buffer. He was not sure of how much of a buffer he could allow due to the septic system placement. Commissioner Haywood said that currently when you go by the church you cannot see the property when she went to look at it. When looking behind the church you currently see trees there. Mr. Davis stated the right thing to do would be to leave a buffer on the church property line. Vice -Chairman Allen asked if placing the buffer between the dashed lines on the map, lot six, of the parcel that is adjacent to the church would give Mr. Davis enough room for a well and septic tank. Mr. Davis stated that it would be. Mr. Davis stated that he could pump the septic line under the power line if needed. Chairman Frye asked if each lot would have their own septic system. Mr. Davis stated they would have their own septic system. Commissioner Haywood asked how many of the parcels are still for sale. Mr. Davis said that in his other subdivision, he has two up for sale and both are under contract and one is not listed 4/17/23 yet. He is working on a third contract and the sign will go up by the end of this week. Commissioner Haywood stated she had seen the sign. Mr. Davis said that the value of these manufactured home has increased over the past several years. Two and three years ago these homes were selling for around $160,000 each, now those same homes, even used, will bring over $200,000. Vice -Chairman Allen asked what the dimensions of these homes were. Mr. Davis said they are typically 28 x 56 feet, with some being a little larger. Commissioner McDowell asked what size buffer would be left for the property that borders the church. Mr. Davis said he could do a minimum of 25 feet or more, that he would leave as much of a buffer as he could. Commissioner McDowell asked how many of the lots have been sold or are under contract. Mr. Davis stated that he has not listed anything in this subdivision. Commissioner Haywood asked if Mr. Davis had started clearing the lots. Mr. Davis said they have started clearing, but stopped due to the rain. Chairman Frye asked if Mr. Davis would consider a twenty-five foot buffer on the property line that they church is on. Mr. Davis said he would. Chairman Frye asked if he would consider a buffer on the property line of Mr. Burgio. Mr. Davis said that he does not think that would be feasible due to the lot only being 100 feet wide. The lot would not be buildable if there were a 25 - foot buffer on that property line. Vice -Chairman Allen said that this was in his area of the county and he empathizes with the citizens in this area. After driving out to the property in question, he did notice that there are some site view issues along the road frontage where the driveways would be placed, however those issues do not seem to be catastrophic, but that is a DOT issue. Vice -Chairman Allen stated that he could see the sign that was posted. He realizes that it is not an ideal situation, but he is not sure something could be prevented from being developed there. He empathizes with the agricultural community, but also understands housing needs to be provided too. He stated that he knows the citizens of Staley do not want change, nor does he. However, he understands that change is coming, commercialization and industrialization are coming whether it is liked or not and we all have to make the best of it. Mr. Davis could have planned to place single wide mobile homes on this property, but with the type of manufactured homes he has proposed, and the parcels being on a main road, he doesn't think that area will become a high crime area. Vice -Chairman Allen stated he would like to see something different on this land, but we have to honor the rights of those that own property as well. Vice -Chairman Allen said that the County is trying to let property owners know more about what is going on, and they will be doing that tomorrow night at Eastern Randolph High School with the Northeast Randolph County Growth Management Plan meeting. There is always going to be growth, where the growth will be is the question. He encouraged everyone to come to the meeting tomorrow night. 4/17/23 Vice -Chairman Allen stated that he was not sure if a 25 -foot buffer would be enough along the church property line. He asked if 50 feet would be enough for the buffer. Commissioner McDowell agreed that a 50 -foot buffer would be appropriate. Mr. Morgan asked Mr. Davis if he would accept the 50 -foot buffer. Mr. Davis stated he would consent to a 50 -foot buffer on the eastern property line as shown on the site plan and would amend the application to state this. Vice -Chairman Allen stated that the Board is hearing this request new. What happened during the Planning Board Meeting does not have any impact on the Board's decision tonight. Commissioner Haywood stated that her sense of the citizen complaints is because people don't care for change. The problem for them with the housing is not what it looks like now, it's what it will look like 20-30 years from now after the property has gone through several owners. She stated that these homes look good and they provide housing for citizens. Chairman Frye stated the application has been amended and the land owner has signed it as amended, showing a 50 -foot buffer. On motion of Allen, seconded by Haywood, the Board voted 5-0 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, to be included in the minutes, as well as the site plan(s) with the addition ofa SO - foot buffer on the parcel with the power line behind the church, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan. Adjournment At 7:14 p.m., on motion ofAllen, seconded by Kidd, the Board voted 5-0 to adjourn. Darrell Frye, Chairman David Allen Kenny Kidd Hope Haywood Maxton McDowell Dana Crisco, Clerk to the Board 4/17/23 Attachment A ry A G