240122 Zoning Appeal
Special Meeting January 22, 2024 – Zoning Appeals
The Randolph County Board of Commissioners met in special session at 6:00 p.m. at 725
McDowell Road, Meeting Room A, Asheboro. Chairman Darrell Frye, Vice-Chairman David
Allen, Commissioner Hope Haywood, Commissioner Maxton McDowell, and Commissioner
Kenny Kidd were present. Also present were Interim County Manager/Finance Officer Will
Massie, Assistant County Manager William Johnson, County Attorney Ben Morgan, Clerk to the
Board Dana Crisco, and Deputy Clerk to the Board Jenny Parks. This special meeting was live
streamed on YouTube.
Tonya Caddle, Planning and Zoning Director, reviewed the following request:
H. R. GALLIMORE, 231 South Fayetteville Street, Asheboro, agent for
TARNIK FUNDS, LLC, Spring, TX, has requested an appeal for the decision made
by the Randolph County Planning Board to deny the request to rezone 3.66 acres at
the intersection of Hwy. 64 E and Lee Layne Road, Columbia Township, Tax ID
#8712578454, Municipal Growth Area, from RA - Residential Agricultural District
and RR- Residential Restricted District to HC - Highway Commercial District to
allow for all uses within the Highway Commercial zoning district.
Public Hearing
Chairman Frye opened the Public Hearing at 6:05 p.m. and closed it after anyone wanting to
speak had done so.
H. R. Gallimore, 231 South Fayetteville Street, Asheboro, said he was with Remax Central
Realty and represents the property owner, Tarnik Funds, LLC. Mr. Gallimore said the only issues
that were presented during the rezoning hearing were one gentleman wanting to know what exactly
would be built on this property and a lady concerned about trash in the creek at the back of the
property. He stated he is in favor of rezoning this property due to the location being on a four-
main signal corner of Hwy. 64 in Ramseur. Surrounding properties include a convenience store,
a trucking company, a contractor’s office, and a church. He said the possible allowed uses in the
HC – Highway Commercial District section of the Randolph County Unified Development
Ordinance (UDO) need to be reviewed due to there being so many different uses listed. Updating
this list would help with the possibility of fewer appeals being heard in situations such as this.
Vice-Chairman Allen asked how much of the property could be developed. Mr. Gallimore
stated approximately 2.5 acres.
Jim Rains, 7929 US Hwy. 64 East, Ramseur, stated he was against the rezoning of this
property. He stated his family members are Randolph County natives, as well as he and his son.
He thanked the Board for allowing him the opportunity to be heard regarding the development of
this property. He owns property across the street from this site and he is concerned about the types
of runoff this site could have due to there being no public water and sewer service to this site. He
is concerned about his drinking water. Mr. Rains stated around 25% of this property is inside a
flood plain. The site has a drop-off of 30 feet from Hwy. 64 into a creek that feeds into Deep
River. He questioned several of the options listed, out of the 92, in the UDO and was concerned
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about what may be allowed to be built on this property. He was concerned the new business built
may not fit in with the surrounding properties.
Vickie Bulla, 196 Lee Layne Road, Ramseur, stated she was against the rezoning of this
property. She owns property adjacent to the one in question and is concerned with the pollution
and trash in the creek at the back of this property. She shared several photos that she had taken on
her phone with the Board of the creek. She stated this property floods when it rains and she is
concerned with any pollution that may run off this property into the creek and onto her property,
possibly affecting the quality of the drinking water.
Mr. Gallimore stated that anyone wanting to place a business on this property would be required
to make several improvements to the property. The location is excellent for a business, but the
site does have its challenges.
Discussion
Commissioner Haywood stated she agrees that the location is appropriate for the zoning request
but hesitates to approve it due to the list of options that is currently in the UDO. If the Board
rezones this parcel allowing for the numerous options in the UDO for Highway Commercial
District, they cannot specify conditions like buffers or set backs.
Chairman Frye asked if the list of options in the UDO were being looked at to be revised. Ms.
Caddle stated the staff of Planning and Zoning were looking into text changes regarding the
options.
Vice-Chairman Allen asked what the properties surrounding the one in question were zoned.
Ms. Caddle gave the zoning status of those properties.
Vice-Chairman Allen asked what an accessory use is. Ms. Caddle stated, an example would be
a business wanting to place a storage building on a site.
Commissioner Haywood asked if the lighting of the trucking company that is across the street
from the property in question was part of a condition. Ms. Caddle stated lighting could be part of
a condition, but in this case, it is just lighting for the company that they may need.
Commissioner Kidd stated he appreciated the Planning and Zoning staff looking into the use
options in the UDO. It appears that these will continue to be questioned if the options are not
revised. He stated he does agree with the rezoning of this property.
Vice-Chairman Allen asked if there were any comments from the two churches adjacent and
across the street from this property. Ms. Caddle said there were not.
Vice-Chairman Allen stated he would prefer the property be conditional use, however the
location is appropriate for it to be rezoned. He agrees the options in the UDO need to be revised.
On motion of Allen, seconded by Kidd, the Board voted 4-1, with Haywood voting no, to
approve this rezoning request to rezone the specified parcel(s) on the rezoning application and the
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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 Board of Commissioners agenda, submitted during the rezoning presentation and as may be
amended, incorporated into the motion, to be included in the minutes and that the request is also
consistent with the Randolph County Growth Management Plan.
Adjournment
At 6:46 p.m., on motion of Allen, seconded by Kidd, the Board voted 5-0 to adjourn.
________________________________ ________________________________
Darrell Frye, Chairman David Allen, Vice-Chairman
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Maxton McDowell Kenny Kidd
_________________________________ ________________________________
Hope Haywood Jenny Parks, Deputy Clerk to the Board
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