071623 Wishon property appeal
Special Meeting July 17, 2023 – Zoning Appeal
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:
It is the desire of MICAH C. SAMIOS to APPEAL the decision of the Randolph
County Planning Board to rezone 1.68 acres out of 3.59 acres at 1319 Nance Rd,
Franklinville Township, Tax ID #7783518921, Secondary Growth Area, from RA -
Residential Agricultural District to HC-CD - Highway Commercial - Conditional
District. The proposed Conditional Zoning District would specifically allow an auto
repair garage and towing service in an existing building as per the site plan. Property
Owners: Teresa C Wood and Robin C Bryant
Chairman Frye had questions about an environmental issue with NC Department of
Environmental Quality (DEQ) mentioned on the appeal. He called the applicant, Steve Wishon,
1313 N. Fayetteville St., to the microphone. Mr. Wishon had no knowledge of a DEQ issue. He
did comment that he was interested in purchasing the property.
Taylor Callicutt, 206 Telephone Ave., Asheboro, Mr. Wishon’s attorney, said that Mr. Wishon
had not filed to have any environmental assessment. Mr. Callicutt did mention someone at the
previous meeting having concerns about the environmental quality.
Chairman Frye asked about the dead end of the road and whether that was private property or
public access. Mr. Callicutt did not think it is a public access.
Mr. Callicutt spoke about the request of Mr. Wishon. The property had a tractor dealership and
repair business on it years ago. He mentioned some of the concerns of the neighbors from the
previous hearing. He stated that this usage would be less intrusive than some. This building will
be used to house vehicles for the Highway Patrol (HP). These would be vehicles from accidents
or abandoned on the side of the road. Mr. Wishon has been in this business for many years and
hopes to expand the area he can serve for the HP. Because this will be used as a HP storage facility,
it will be inspected and required to meet certain standards for environmental quality.
Mr. Wishon explained what he planned to do with this property. He said he would use it as a
storage facility and an overflow repair shop not a repair shop for the public. The storage will be
mostly in the building. He passed some pictures to show the building. It is not his intent to use
the outside space for storage.
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Mr. Callicutt asked Mr. Wishon how many vehicles per week he anticipated picking up for the
HP. Mr. Wishon said it would be approximately 3 to 5 cars per week once Zone 4 was added to
his rotation with the HP.
Mr. Callicutt inquired about the hours of operation. Mr. Wishon stated that the normal hours
would be 9-5. If he got a late call from the HP, he would house those vehicles at his Fayetteville
St. location until the next morning.
Chairman Frye asked if towing would be for outside jobs as well. Mr. Wishon said he wasn’t
in the business of taking private tows. He has enough business for towing at this time. His main
focus is selling cars.
Mr. Callicutt questioned what equipment would be needed. Mr. Wishon said one rollback and
one wrecker is the requirement of the HP for each storage site. He has well trained staff members
that operate the equipment.
Chairman Frye asked about repossessed vehicles. Mr. Wishon stated that he does do some
repossessions. They are handled professionally and in a civil manner.
Chairman Frye inquired if the building would have a spray booth for painting. Mr. Wishon
stated he did not plan on one at this time. He sends his body repair work to a company in
Greensboro.
County Manager Johnson asked about the inspections by the HP. Mr. Wishon said the location
would be inspected once a year and the wrecker and rollback are inspected by the HP every three
years.
County Manager Johnson inquired about the containment of fluids coming from the vehicles.
Mr. Wishon stated that they contain the fluids with oil dry at the scene of the accident. The
majority of the fluids are discharged at the scene by the time they arrive.
County Manager Johnson questioned the disposal of the used oil dry material. Mr. Wishon said
they have an oil barrel at the shop. It is disposed there and the barrel is emptied by the company
that provides the barrel once it is full.
Vice-Chairman Allen asked about the people coming when their vehicle is repossessed. Mr.
Wishon stated that people come, get their belongings, and sign the necessary paperwork. It is not
a long process.
Commissioner Kidd asked about the site plan and whether a driveway was going to the back of
the building. Mr. Wishon said there is a storage building back there. His original thought was to
put the gate of the fence where the building opens on the front to be able to drive right into the
building. At the previous hearing, he agreed to a level three natural buffer outside of the fencing
he’s proposing.
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Vice-Chairman Allen questioned where Zone 4 was for the HP. Mr. Wishon indicated that it
was the Northeast quadrant of the county.
Mr. Callicutt mentioned that this property had been on the market for quite some time and this
has been the only offer.
County Attorney Ben Morgan asked Mr. Callicutt to find out about any notice of environmental
issues that may have been sent to the owners.
Commissioner Kidd asked the real-estate agent present if she knew about any issues. She said
she did not.
Micah Samios, 1281 Nance Rd., Franklinville, had appealed the case to the Board. He is next
door to the property in question. He can see the lot from his house due to the elevation. He
commented on the sense of community in this area. He has children that he wishes to raise at this
property. This is a residential area that is not good for business. He feels that traffic will increase
due to this business. He has concerns for the safety of his wife, children, and elderly residents
along the road if a business were to be put there. He made a swimming hole at the creek on his
property for his kids. He noticed an oil sheen on the water. He reported it to NCDEQ and is waiting
for the test results. He also mentioned the way the property is shaped causes noise to carry.
Chairman Frye asked if he had seen any vagrancy at this property. Mr. Samios said no.
Public Hearing
Tim Benbow, 2736 Cedar Falls, Franklinville, has lived in the area all his life. He described
the history of the families along the road. The road is approximately 20 feet in width. There is no
speed limit posted. He remembers going by the property and smelling diesel oil which may have
been sprayed on the ground. One of the families said that their relative who has since passed
complained about the run off from the tractor business. The road is a State road in poor conditions.
He walks with his dog and children ride their bikes on this road. He commented on a number of
wrecker businesses in the area. Mr. Benbow said the applicant is saying, “may.” He feels that this
will become a junk yard. If there is an environmental issue, the neighbors will expect the owner
to clean up the property. He mentioned the housing shortage and doesn’t believe that this can’t be
converted to housing.
Max Benbow, 1240 Nance Rd., Franklinville, said in his previous business, he knows many of
the wrecker service owners in the county. Mr. Benbow said that over time, their property becomes
a junk yard, even if it was not meant to be. He is not against the business but having the business
there.
Dean “Andy” Nance, 1185 Nance Rd., Franklinville, stated that the road is poorly patrolled
by law enforcement. Their response time is not good. He wants to know what the security
measures will be. He also mentioned the need for a speed limit on the road. If someone goes to
the business, they will drive back the same way. There is no vagrancy because all the neighbors
keep track of each other. He has friends that own a junk yard and they have dogs for security. He
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wants to know if he can contest this zoning later if the business grows larger. He is disappointed
that no one has addressed him regarding this zoning.
John Bryant, 1014 Farm Creek Dr., Franklinville, is married to Robin Callicutt Bryant, who
now owns the property with her sister. He built roads for approximately 40 years. He addressed
the issue of the speed limit not having a bearing on the case. He also mentioned the past
environmental incidents that have been stated. He works with NCDEQ and other regulatory
agencies. If there is a problem, it will be immediately addressed.
Chairman Frye closed the Public Hearing after everyone who wished to speak had done so.
Discussion
Commissioner Kidd asked if there was a definition for a junk yard. It was mentioned that
property that is not suitable for storage is considered a junkyard. An example given was cars with
no tires.
Vice-Chairman Allen inquired about the Highway Conditional Use classification in this rural
area. He doesn’t like the idea of the business being tucked away out of sight as if they don’t want
to be found. He wanted to be sure the conditional use could be more specific so that a new owner
couldn’t open an auto repair shop for the public. He understands why the property was used for a
tractor dealership years ago. That doesn’t work for today.
Chairman Frye said that stipulations could be put in place.
Vice-Chairman Allen stated that he was more concerned about another business in the future.
Commissioner Kidd agreed that the conditions should be specific to keep a junk yard from
occurring.
Chairman Frye asked how long the property had been on the market. The response was 2 ½
years.
Mr. Callicutt corrected his statement about the business being “hidden away.” He was trying
to explain that the public would not know the business is there.
Vice-Chairman Allen mentioned that people who’s vehicle had been repossessed could be a
problem. Mr. Callicutt said there is a small percentage of repossession.
Commissioner Kidd wanted more information on the fence being proposed. Mr. Wishon said
it was a 6-foot high fence with barbed wire on top with privacy screening and a natural buffer on
the outside. He said that security is now done with cameras and motion detectors.
Vice-Chairman Allen asked about the hours of operation other than emergency calls. Mr.
Wishon said 8-5. Mr. Callicutt confirmed that business would not be conducted on Saturday or
Sunday.
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Commissioner Hope Haywood stated she is thinking about the auto repair businesses run out
of the home. They do good work. She also sees people with all sorts of junk in their yard. Those
people don’t even have a business there. Assuming that a junk yard will form on property with a
storage facility isn’t always an accurate portrayal.
Mr. Wishon has owned and grown his business for 25 years. He is happy to be in Randolph
County. He is asking to use this building for an industrial use. He mentioned the fencing estimate
of $37,000. He takes pride in his business and will not allow cars parked in front of the fence.
Chairman Frye asked if Mr. Wishon had been sited. Mr. Wishon said no. Mr. Wishon said he
wants to do things the right way.
Chairman Frye said that Mr. Wishon has multiple business locations and the building has been
for sale for a long time. Mr. Wishon explained that this business would not be for the public. He
does his business with the public on Fayetteville St.
Commissioner Kidd stated that he could not see another use for this property.
Mr. Morgan said the conditions of hours of operation and the repair of vehicles need to be added
to the application. After waiting for the changes to be made, he announced that the changes had
been approved and signed by the applicant.
On motion of Allen, seconded by Kidd, 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 hours of operation from 8-5 M-F, and
the garage would be only for cars owned or in the custody of vehicles also incorporated into the
motion and that the request is also consistent with the Randolph County Growth Management
Plan.
Historic Courthouse Elevator Bid
Chairman Frye said Paxton Arthurs had been researching the delay in the Sandhills project on
Walker Ave. and H.M. Kerns Corporation’s performance mentioned at the last meeting.
Paxton Arthurs, County Engineer, spoke to a gentleman responsible for construction projects
at Sandhills who said they would not use Kerns again. When Mr. Arthurs spoke to the contractor,
he was told that when the inspector from the North Carolina Department of Health and Human
Service (DHHS) came to inspect the elevator, it did not meet the specifications for a mental
healthcare facility. The architect that designed the renovation for the elevator for Sandhills would
not sign the change order that was required by DHHS. Mr. Arthurs feels that the contractor did
what was asked of them. The gentleman at Sandhills said they may go back to the architect for
damages.
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Mr. Arthurs stated that he felt comfortable about working with H.M. Kerns Corporation and
recommended awarding the bid for the Historic Courthouse Elevator Bid to them.
Vice-Chairman Allen stated that he does remember the problem being about an elevator. He
doesn’t want to be years out from completion for this project.
Mr. Arthurs said that the bid specified a $250 per day penalty if the project wasn’t completed
in a timely manner. The time would be determined once the elevator was procured and delivered.
Vice-Chairman Allen said he would not make the motion but he wasn’t against the contractor.
He hoped they took notice of this discussion.
Chairman Frye thought H.M. Kerns Corporation was aware of the concerns of the Board.
On motion of McDowell, seconded by Haywood, the Board voted 5-0 to award the Historic
Courthouse bid to H.M. Kerns Corporation in the amount of $2,162,000 and authorize the County
Manager to sign the contract.
Adjournment
At 7:45 p.m., on motion of Allen, seconded by Kidd, the Board voted 5-0 to adjourn.
________________________________ ________________________________
Darrell Frye, Chairman David Allen
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Kenny Kidd Maxton McDowell
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Hope Haywood Dana Crisco, Clerk to the Board
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