240520 Zoning Appeal
Special Meeting May 20, 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 County Manager Zeb Holden, 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:
RHONDA CARRERAS, 5823 Big Oak Way, Randleman, has requested an
appeal for the decision made by the Randolph County Planning Board to deny the
request to rezone 1.89 acres at 5567 Old Greensboro Road, Tax ID 7766591509,
from RA - Residential Agricultural District to CVOM-CD-Conventional Subdivision
Overlay Mixed – Conditional District to allow a two-lot addition to an existing
subdivision for Class B manufactured homes.
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 of DAVIS INVESTMENT PROPERTIES, LLC, Randleman, said he owned
Davis Investment Properties, LLC and owned the property in question. He shared several photos
using PowerPoint that displayed the type of homes he places on his properties. He said these
homes were sold and not rented and built to standards. Mr. Davis said that 13,000 square feet of
the property is suitable for a septic system, but only 10,000 square feet is needed. He also said
this property will have Randleman City water. He feels there is misinformation that was presented.
Each of the homes he installs meets building code and has passed inspection. Each of these homes
are selling for approximately $235,000. He said these homes are built indoors by Clayton Homes
out of Nashville, NC.
Commissioner Haywood asked who is responsible for erosion issues on these properties. Mr.
Davis said the Department of Environmental Quality (DEQ) would be responsible. However, if
the homeowner experienced erosion issues after the home was built, the homeowner would call
Davis Investment Properties or DEQ.
RHONDA CARRERAS, 5823 Big Oak Way, Randleman, shared a PowerPoint presentation
that reflected the reasons for her appeal of this rezoning request. She stated the reasons she feels
the Commissioners should deny this rezoning request included: there was no notification to the
public regarding a rezoning request per Randolph County Unified Development Ordinance
(RCUDO) Article 400, Section 409; land use approval was inconsistent with the RCUDO Article
600, Section 614; there are septic and water concerns; foundations used for adjoining subdivision
of Class A manufactured home; no soil erosion control plan per NCCG 160A-417; and there was
a conflict of interest with a board member that voted in favor of this rezoning request during the
initial Planning and Zoning request for this property to be approved. She said she and several
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other citizens in Randolph County are concerned about the growth in the northeastern quadrant of
Randolph County.
Commissioner Haywood said each Commissioner must take ethics training as part of their duty.
She stated when you take a seat on a board you are obligated to vote. If the item being voted on
involves someone closely related to you the person on the board should disclose the information,
but not necessarily recuse themselves from voting. If the item being voted on will bring the person
voting financial gain, then that board member should recuse him or herself from voting.
Kenny Kidd left the meeting at this time.
Vice Chairman Allen asked about the brick masonry around the bottom of these homes. Ms.
Caddle stated that the brick masonry around the bottom of these homes is for aesthetic purposes
and is not part of the permanent foundation. These homes require a permanent foundation that
meets code to be placed under these homes before they pass inspection.
MARGIE STALEY, 133 Cedar Run Drive, Randleman, stated she was against the rezoning
of this property. She said she does not feel that Mr. Davis is taking care of his community. She
is concerned about the addition of driveways being installed on Old Greensboro Road with a 55-
mile-per-hour speed limit and being close to Level Cross Elementary School. She feels the
contractor continues to add homes without adhering to the rules set in place and feels he should be
made to follow the rules and regulations in the future.
MARY ALICE ASHBURY, Randleman, said she recently relocated to the Level Cross
Community and stated it was difficult finding a home in Randolph County. She is concerned that
continuing to place manufactured homes in the areas surrounding her home and in Randolph
County could decrease the value of her property. She presented a packet of information to the
Board that included photos of old mobile homes that are currently in Randolph County. She stated
although the County cannot exclude manufactured homes, she feels the County should plan for
better environments. Ms. Ashbury stated she would like it to be on record that the developer has
been making threats to those against the rezoning of this property. She is against the rezoning of
this property.
TONYA HAYES, stated she is against the rezoning of this property. She understands the need
for mobile homes as well as all types of housing for all income levels. However, she feels allowing
the oversaturation of mobile homes in Randolph County, especially in the Northeast quadrant,
could have a negative impact on the community when the community is ripe for growth. Ms.
Hayes said there is confusion in the process, which can cause loopholes. Those loopholes can be
taken advantage of. She would like the Board to give consideration to do the right thing over the
easy thing and that will allow positive growth in the community. She encouraged them to decide
on what is best for the community and Randolph County.
SYBIL BURGESS MURRAY, 9833 us Hwy. 64 East, Ramsuer, said she was with the “Save
Our Staley” group, although she does not have property in the area in question. She is concerned
about this developer because of things that have happened in her community. She presented the
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Board with a packet of information regarding property in Staley that had been developed. The
developer had burned brush after he said there would be no burning on this property.
Chairman Frye explained how zoning came about in Randolph County and how mobile homes
became a part of the zoning process.
Discussion
Vice Chairman Allen stated many of the reasons for the denial of this rezoning request that
were presented were not pertinent to this appeal. He said it appears this is an enforcement issue,
and he is glad the community has brought those issues to light. However, he does not see any
reason to deny this rezoning request for one lot.
Commissioner Haywood stated she understands the desperate need for housing in Randolph
County. She said this issue appears to be about the developer skirting around things. She talks
about housing vouchers and people in recovery who need a place to live. She is concerned with
the homes that have become rundown, but this is not the topic of discussion for this public hearing.
Chairman Frye said he did not believe there was a conflict of interest when the Planning Board
voted on this rezoning request initially, and there was not an issue with the water and septic system
being placed on this property.
Commission McDowell said there needs to be a place for manufactured homes, but there should
be follow up to make sure things are being followed correctly by developers. He thanked those
that presented tonight for the work they have done on this issue, and he appreciated the photos that
were shared with the Board.
On motion of McDowell, seconded by Allen, the Board voted 3-1, with Haywood voting no, 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 any
and all agreed-upon revisions, also incorporated into the motion and that the request is also
consistent with the Randolph County Growth Management Plan.
Adjournment
At 7:50 p.m., on motion of Allen, seconded by Haywood, the Board voted 4-0 to adjourn.
________________________________ ________________________________
Darrell Frye, Chairman David Allen, Vice-Chairman
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Maxton McDowell Kenny Kidd
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_________________________________ ________________________________
Hope Haywood Jenny Parks, Deputy Clerk to the Board
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