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07JulyPB Planning Board July 9, 2024 Page 1 of 3 RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 RANDOLPH COUNTY PLANNING BOARD AGENDA JULY 9, 2024 1. Call to Order of the Randolph County Planning Board. 2. Roll call of the Board members. (Completed by staff.) 3. Consent Agenda: ● Approval of agenda for the July 9, 2024, Planning Board meeting. ● Approval of the minutes from the June 4, 2024, Planning Board meeting. 4. Conflict of Interest: ● Are there any Conflicts of Interest or ex parte communication that should be disclosed? (If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified.) 5. Old Business. 6. New Business. SPECIAL USE PERMIT REQUEST #2024-00022004 The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by FIDEL DEGOLLADO, Asheboro, NC, and their request to obtain a Special Use Permit at 1523 Spanish Dr, Cedar Grove Township, Tax ID #7649353271, 0.72 acres, RR - Residential Restricted. It is the desire of the applicant to obtain a Special Use Permit to specifically allow online sales of motor vehicles. SPECIAL USE PERMIT REQUEST #2024-00022005 The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by DARRELL TILLER, Seagrove, NC, Page 1 of 104 Planning Board July 9, 2024 Page 2 of 3 and their request to obtain a Special Use Permit at 9113 Erect Rd, Brower Township, Tax ID #8604994235, 10.11 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a second residence for a family member as per the site plan. REZONING REQUEST #2024-00022003 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by EMMER AND OAT, LLC, Franklinville, NC, and their request to rezone 1.78-acres out of 3.21 acres at 3314 NC Hwy 22 N, Franklinville Township, Sandy Creek Balance Watershed, Tax ID #7793370945, Secondary Growth Area, from RR - Residential Restricted District and RA – Residential Agricultural District to RBO-CD - Rural Business Overlay - Conditional District. The proposed Conditional Zoning District would specifically allow a digital commercial photography studio as per the site plan. REZONING REQUEST #2024-00022007 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by THOMAS GWYN, High Point, NC, and their request to rezone 2.59-acres at 1585 Gable St, Trinity Township, Lake Reese Balance Watershed, Tax ID #6799603709, Primary Growth Area, from LI-CD - Light Industrial - Conditional District to LI - Light Industrial District. It is the desire of the applicant to rezone the property to allow any uses allowed by right in the LI - Light Industrial District. REZONING REQUEST #2024-00022008 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by DONALD E. LEIDIGH, Asheboro, NC, and their request to rezone 1.26-acres out of 14.57 acres at 4284 US Hwy 64 W, Back Creek Township, Tax ID #7721981112, Secondary Growth Area, from ictRA - Residential Agricultural District to LI - Light Industrial District. It is the desire of the applicant to rezone the property to allow any uses allowed by right in the LI - Light Industrial District. HC - HIGHWAY COMMERCIAL DISTRICT UPDATE DISCUSSION HC - Highway Commercial District Update Discussion 7. Update from the Planning Director. Page 2 of 104 Planning Board July 9, 2024 Page 3 of 3 8. Adjournment. Page 3 of 104 DR A F T Page 1 of 10 6/4/2024 June 4, 2024 1.Call to Order of the Randolph County Planning Board. There was a meeting of the Randolph County Planning Board on June 4, 2024, at 6:30 PM in Meeting Room A, Randolph County Office Building, 725 McDowell Rd, Asheboro, NC. Chairman Pell called the meeting to order and welcomed those in attendance. Pell reminded those in attendance that the Planning Board Rules of Procedure state that anyone wishing to speak must sign up to speak and that speakers other than the applicant are limited to three minutes. 2.Roll call of the Board members. (Completed by staff.) The County Planning staff completed the roll call of the members of the Board as they arrived to the meeting. Reid Pell, Ken Austin, Brandon Hedrick, Kemp Davis, Melinda Vaughan, Reggie Beeson, John Cable and Susan Thompson were present. County Planning Director Tonya Caddle and County Attorney Ben Morgan were also present, along with County Planning staff members Kayla Brown, Melissa Burkhart, David Harris, Cory Hartsoe, Kim Heinzer, Tim Mangum, and Eric Martin. 3.Consent Agenda: ●Approval of agenda for the June 4, 2024, Planning Board meeting. ●Approval of the minutes from the May 16, 2024, Planning Board meeting. Pell called for a motion to approve the consent agenda as presented. On the motion of Cable, seconded by Beeson, the Board voted 7-0 to approve the Consent Agenda as presented. 4.Conflict of Interest: ●Are there any Conflicts of Interest or ex parte communication that should be disclosed? (If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified.) There were no Conflicts of Interest or ex parte communication identified by any Planning Board member. 5.Old Business. There was no old business for the Planning Board to consider. Page 4 of 104 DR A F T Page 2 of 10 6/4/2024 6. New Business. SPECIAL USE PERMIT REQUEST #2024-00001019 The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by ROSA MUNOZ, Ramseur, NC, and their request to obtain a Special Use Permit at 545 NC Hwy 22 N, Columbia Township, Tax ID #8702043017, 37.11 acres, RR - Residential Restricted and RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a third home on the property for a family member. Caddle presented the first case of the night and site plans for the Munoz Special Use Permit Request. Pell opened the public hearing and explained that anyone wishing to speak during the Special Use Permit Request must be sworn in. Morgan administered the oath to Rosa Munoz, the applicant. Rosa Munoz, 545 NC Hwy 22 N, Ramseur, explained to the Board that she wants to obtain a Special Use Permit to allow a family member to place a home on her property since land is so hard to find. She said they are planning to place a double- wide mobile home on the property. Beeson asked if this home would use the same driveway and Munoz stated that a new driveway would be installed. Cable asked if this was a direct family member. Munoz answered yes. Hedrick asked if the home would be placed on a permanent foundation. Munoz answered yes. Austin asked if there would be a driveway permit. Caddle said the North Carolina Department of Transportation (NCDOT) would require a driveway permit. Pell asked if there were any additional questions from the Board. Hearing none, Pell closed the public hearing for discussion or a motion. Hedrick stated the front of the property is zoned RR - Residential Restricted District and asked if the request would meet that zoning designation. Caddle answered yes. Morgan explained to Munoz that she would not be able to sell the property without coming back before the Board. Munoz said she understood and did not plan to sell the property or the lot. Page 5 of 104 DR A F T Page 3 of 10 6/4/2024 Cable stated that the request meets the four-part test for a Special Use Permit as he read them. On the motion of Cable, seconded by Hedrick, with a vote of 7-0, the Board voted to approve the request with the motions contained in the Planning Board packet. REZONING REQUEST #2024-00000928 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by GREGORY BENNETT, Liberty, NC, and their request to rezone 5.51-acres on Andrew Hunter Rd, Franklinville Township, Tax ID #7781799897, Primary Growth Area, from RR - Residential Restricted District and RA - Residential Agricultural District to HC - Highway Commercial District. It is the desire of the applicant to rezone the property to allow any uses allowed by right in the HC - Highway Commercial District. Caddle presented the next case of the night, the Gregory Bennett Rezoning Request and the site plans. Pell opened the public hearing and called for Gregory Bennett to address the Planning Board. Gregory Bennett, 7509 Old 421 Rd, Liberty, explained to the Board that he is requesting HC - Highway Commercial District zoning to allow retail sales for any type for the future tenant of the building. He said when he came before the Board in 2023, the neighbors' concerns were manufacturing operations and pollution. He said he is not asking for manufacturing, only the uses allowed within the HC zoning district. Caddle said the original request for HC zoning was in March 2023, and it has been over one year, and Bennett is allowed to request the zoning change again. Pell asked if there were any questions from the Board. Davis asked if there were any changes to this request from the previous request. Bennett said everything was the same. Davis asked who owns the property between the request and US Hwy 64 East. Bennett said Clayton Sommer owned the property. Bennett also stated that there is a retail shop across the road from his request. Austin asked if he had been in contact with any of the neighbors regarding his request. Bennett said he has talked with Susan Richards, who is currently using his land for her horses to graze. He said she is opposed because it is a business. Hedrick asked if he had considered an optional Conditional District. Bennett said he would hate to plan for a specific use and in just a few months must change the Page 6 of 104 DR A F T Page 4 of 10 6/4/2024 conditions for another type of use. He said it would become a financial strain to have to come back to the Planning Board to change the Conditional District Permit. He also said there are commercial uses surrounding the area due to the location and proximity to US Hwy 64 East. Austin asked Bennett if he lived in the neighborhood. Bennett said he used to live beside the property, but now his sister lives there. Austin asked how he would describe the neighborhood. Bennett said there was a retail business across the road, then a house, and another house that had been converted into a church. Kemp asked if his sister owned the first property next to the request and then his property. Bennett answered yes and stated that the only adjoining property owners were Sommer, Richards, himself, and his sister. Cable asked if his sister lived on the property. Bennett answered yes. Beeson said he has concerns about this property being HC right behind a residence. Hedrick suggested moving forward to hear the opposition's comments. Pell asked if there were any questions from the Board. Hearing none, he asked Susan Richards to come forward. Susan Richards, 207 Andrew Hunter Rd, Asheboro, distributed Exhibit #1 to the Planning Board and stated that she had e-mailed the Planning Department staff to ask questions and better understand buffers and conditions, etc. (See Exhibit #1 at the end of these minutes.) Richards stated she has a great relationship with Bennett and has no problems other than her property will be ten feet from the HC district if Bennett were to sell or lease the property and that she would be directly impacted by request. Richards stated that she and Bennett differ on buffers and fencing, and she is concerned that the multiple uses that could be allowed would destroy her way of life and harm her animals. Richards time expired at this point. Pell asked Bennett if he wanted to address the Board, and he stated that Richards thinks she needs a buffer, and he was willing to put a buffer on his property. Davis stated that this is a straight rezoning request and that the Board cannot require the buffer and that this is the problem with a straight rezoning request. Davis said this request backs up to residences in the area and also encroaches on agricultural areas and that the Planning Board has no way to control the possible eighty-four uses. Davis concluded by saying that Bennett may have the best intentions, but the Board needs to think about the neighbors. Bennett discussed several of the eighty-four uses that are allowed in the HC district. Page 7 of 104 DR A F T Page 5 of 10 6/4/2024 Davis stated that some of the potential uses can have bad impacts on the area, but that he does understand what Bennett wants, but the Board has to look at both sides. Pell asked if there were any other questions from the Planning Board. Beeson said that most uses in the HC district are sales, but a few are not, and they are alarming and could create a lot of traffic on Andrew Hunter Rd. Hedrick stated that he appreciated Bennett being approachable to neighbors. Pell closed the Public Hearing. Austin referred to the statement by Richards and other statements included in the agenda pack, it showed that the neighbors had done tremendous amounts of research and laid out their concerns, and he wanted to thank everyone for submitting the written comments. Austin stated that straight rezoning requests are difficult for the Planning Board in a request like this because they do not know the type of structures that could be within the minimum ten-foot side setbacks. Austin said that he thought the Board needed to look at this request and understand what they would be doing before making a final decision. Hedrick turned to the Technical Review Committee (TRC) recommendation to approve this request. Hedrick stated that this area was discussed during the Growth Management Plan update and that the update did recognize that certain zoning districts could be used without Conditional District Permits, but he felt that this request would be better with a site plan and a Conditional District Permit and that the use could be good with the right site plan, but since this is a straight rezoning request, the Planning Board had to consider all possible uses. Cable said that he usually votes for progress and is pro-growth, but that he also takes a strong view of the potential impact to the neighbors. Cable stated that it looked like this request may put a hardship on neighbors that are near it and that people should be able to do what they want with their property as long as it does not encroach on other people's property and devalue their property. Davis asked if the application was denied tonight, would Bennett have to wait another year and Caddle said that he would have to wait one year if he submitted the same application or Bennett could submit an application for a Conditional District and come back to the Planning Board as soon as it could be scheduled. Davis said that Bennett could continue with the current request or withdraw the request and Caddle said that the Planning Board could make a decision tonight and the decision could then be appealed to the Board of County Commissioners. Austin said that the lot between Bennett's property and US Hwy 64 East is a different Page 8 of 104 DR A F T Page 6 of 10 6/4/2024 property owned by someone else. Davis stated that the Planning Board is looking at the same request from 2023 and nothing has changed, and the applicant has come back with no site plan even after being requested to submit a site plan during the 2023 public hearing. On the motion of Davis, seconded by Cable, with a vote of 7-0, the Board voted to deny the request with the motions contained in the Planning Board packet. REZONING REQUEST #2024-00000001 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by RESCUE RESIDENTIAL, LLC, Trinity, NC, and their request to rezone 0.68-acres at 5868 US Hwy 311, New Market Township, Randleman Lake Protected Area Watershed, Tax ID #7745379293, Primary Growth Area, from O-I-CD - Office and Institutional - Conditional District to RR - Residential Restricted District. It is the desire of the applicant to rezone the property to allow any uses allowed by right in the RR - Residential Restricted District. Caddle presented the Rescue Residential, LLC, Rezoning Request, and the site plans. Pell opened the public hearing and asked Caddle to explain the request. Caddle said it was her understanding that the applicant wants to take the property zoning back to RR - Residential Restrict District to allow residential use of the property. Beeson stated that he goes by the site quite frequently and the house has been remodeled and looks much better. Austin stated that he thought the property also looked better. Hedrick stated that the site looks better and is more consistent with the surrounding land uses. Pell closed the public hearing. On the motion of Cable, seconded by Austin, with a vote of 7-0, the Board voted to approve the request with the motions contained in the Planning Board packet. REZONING REQUEST #2024-00022002 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by MICHAEL & TERESA BRIGGS, Julian, NC, and their request to rezone 31.79-acres on Old 421 Page 9 of 104 DR A F T Page 7 of 10 6/4/2024 Rd, Liberty Township, Tax ID #8727786650, Primary Growth Area, from RA - Residential Agricultural District to LI - Light Industrial District. It is the desire of the applicant to rezone the property to allow any uses allowed by right in the LI - Light Industrial District. Caddle presented the Briggs Rezoning Request and the site plans. Pell opened the public hearing. Michael Briggs, 3161 Alamance Church Rd, Julian, the applicant, addressed the Planning Board and stated that he bought the property in anticipation of the expansion of the Pallett Express business which is next door to this request. Pell asked if there were any questions from the Board members. Davis asked Briggs if he planned to build on the property and Briggs replied that the property would be used for storage only. Pell asked if there were any other questions from the Planning Board. Clanci Foxx, 5005 Liberty Grove Rd, Liberty, rose to address the Planning Board and stated that she is a neighbor to Pallett Express, and she is no stranger to living next to LI-zoned property. Foxx said that she has had to deal with dust, noise, and light pollution since Pallett Express moved to its current location. Foxx stated that the Randolph County Unified Development Ordinance (UDO), states that, "The purpose of the Light Industrial (LI) District is to provide a place for light industrial warehousing and distribution, and sales of large-item products." Foxx stated that Pallett Express is not a LI use but more of a Heavy Industrial (HI) use as they use heavy-duty grinders to grind pallets into dust and if the operation expands it will continue to be a HI use and the neighbors will suffer, and they are asking the Planning Board to deny the request until the company is brought into zoning compliance in the LI district. Foxx concluded her remarks by saying the Pallett Express is not a good neighbor, and they are 400 feet away from her residence, and that she did not have problems with other uses as long as they were compliant with the UDO. Cable asked Foxx if she had notified the Planning and Zoning staff about these issues and Foxx stated that she had not filed a formal complaint. Cable stated that the staff and Code Enforcement are complaint-driven. Morgan stated that Pallett Express did not have to get a permit to open the operation. Foxx stated that they tried to handle their issues with Briggs. Joe Moore, 5007 Liberty Grove Rd, Liberty, stated that he wakes up every morning at 6:00 am with Pallett Express starting their grinding operation. Moore stated that the operation is usually five days a week, but some weeks it can be six or seven days a week. Moore stated that the grinding sounds like it is in his backyard and that Page 10 of 104 DR A F T Page 8 of 10 6/4/2024 it creates a lot of noise and the thought of this operation expanding is horrifying. Pell asked if there were any questions from the Planning Board for Briggs. Cable asked about the noise complaints and that it goes on for seven days a week. Caddle said the property under consideration is being requested for straight rezoning and they could do any of the approved LI uses. Pell closed the public hearing. Hedrick stated that other industrial sites can also create noise. On the motion of Austin, seconded by Hedrick, with a vote of 6-1, Davis voting no, the Board voted to approve the request with the motions contained in the Planning Board packet. REZONING REQUEST #2024-00001244 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by PREMIER REAL ESTATE TEAM INC, Kannapolis, NC, and their request to rezone 2.11-acres on Zoo Parkway, Union Township, Tax ID #7657963715, Primary Growth Area, from RR - Residential Restricted District and RA - Residential Agricultural District to CVOE-CD - Conventional Subdivision Overlay Exclusive - Conditional District. The proposed Conditional Zoning District would specifically allow the division of lot number three to create a fourth lot. Caddle presented the Premier Real Estate Team, Inc Rezoning Request, and the site plans. Pell opened the public hearing Ricky Scott, 1425 Mohican Ave, Richfield, the applicant, rose to address the Planning Board. Pell asked if Scott had anything to add to the case excluding the information that Caddle had already provided. Scott stated that they want to divide the property and build a house on each proposed lot. Scott stated that the property does have access to Seagrove-Ulah Metropolitan Water District public water, and they want to make the area nicer. Pell asked if there were any questions from the Planning Board. Davis asked if the property has access to public water and Scott stated that the property does have public water. Davis asked if the property had a well and Scott replied that it did not have a well. Davis asked Scott if he was going to live on the property and Scott replied that he would not live on the property. Page 11 of 104 DR A F T Page 9 of 10 6/4/2024 Beeson asked about the location of the house on proposed lot number four and Scott said that the house would be placed wherever it needed to be placed. Scott said that NCDOT has approved the driveway location, and he would be working with them to resolve any problems. Pell asked if there were any questions from the Planning Board. Larry Baucom, 3051 Happy Hollow Rd, Asheboro, addressed the Planning Board and stated he is opposed to the request as it does not fit in with the existing development. Baucom said that most of the homes in this area are single-family residences on large acreage, and he has concerns about the number of driveways along Happy Hollow Rd. Baucom concluded his remarks by saying the NCDOT needs to be involved with the site distance at the intersection. Pell asked if there were any questions from the Planning Board. Pell closed the public hearing Austin stated that NCDOT will approve the driveway location and that is outside the control of the Planning Board. Hedrick asked about the road frontage on proposed lot number four and Caddle said that as long as it meets the 100-foot width requirement, it should be fine but that staff would check on the final plat. Hedrick said that he was concerned that the lot was going to be narrow. Austin said that NCDOT may have problems making proposed lot number four accessible. Davis said that the applicant still needs to have the property checked for septic systems. On the motion of Hedrick, seconded by Beeson, with a vote of 7-0, the Board voted to reopen the public hearing to allow the applicant to address the concerns of the Planning Board. Scott stated that there are already two driveways there, and he would just be adding one more driveway and that they are working with NCDOT. Scott stated that the proposal meets the minimum requirements of the UDO as both lots are at least 100 feet and there are only two lots, unlike the other subdivisions in the area. Davis asked about the type of houses planned for the lots and Scott said they would be site-built homes, and it would be something that they would be willing to own and reside in. Page 12 of 104 DR A F T Page 10 of 10 6/4/2024 Pell asked if there were any questions from the Planning Board. Baucom stated that the proposal is going from three lots to four lots and that makes a difference. Morgan stated that this is why the Planning Board is holding the public hearing. Pell asked if there were any questions from the Planning Board. Pell closed the public hearing again. Hedrick said he thought it would help the discussion for the Planning Board to remember that the Conventional Subdivision Overlay Exclusive - Conditional District (CVOE-CD) is an overlay district with the Residential Restricted District and the Residential Agricultural District. Hedrick said that the request meets the requirements, but it depends on this plat and the location of this house would be subject to the zoning permit that would have the necessary setbacks. On the motion of Hedrick, seconded by Beeson, with a vote of 7-0, the Board voted to approve the request with the motions contained in the Planning Board packet. 7. Update from the Planning Director. Caddle stated that she had no comments for tonight. It was announced that the Board of County Commissioners voted to add Susan Thompson to the Planning Board as an Alternate member. Caddle informed the Planning Board that she submitted an updated fee schedule to the Board of County Commissioners last night, so there will be changes in application fees. 8. Adjournment. At 7:45 pm on motion of Davis, seconded by Austin, the Board voted 7-0 to adjourn. ________________________________ Chairman ________________________________ Clerk to the Planning Board Page 13 of 104 Page 14 of 104 CASE SUMMARY FOR SPECIAL USE REQUEST #2024-00022004 The Randolph County Planning Board will hold a duly published and notified Quasi- judicial Hearing on the request by FIDEL DEGOLLADO, Asheboro, NC, and their request to obtain a Special Use Permit at 1523 Spanish Dr, Cedar Grove Township, Tax ID #7649353271, 0.72 acres, RR - Residential Restricted. It is the desire of the applicant to obtain a Special Use Permit to specifically allow online sales of motor vehicles. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. Page 15 of 104 OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affirmation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to testify on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you, God.” Page 16 of 104 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 2: Zoning District 3: Specialty District: MUNICIPAL AIRPORT OVERLAY DISTRICT Watershed Name: NONE Class A Flood Plain On Prop?: NO 3710764900JFlood Plane Map #: Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO OBTAIN DEALERSHIP LICENSE FOR ONLINE SALES OF MOTOR VEHICLES Signature of Applicant: Melissa Burkhart Authorized County Official Applicant: DEGOLLADO, FIDEL City, St. Zip: ASHEBORO, NC 27205 Address: 1523 SPANISH DR Owner: DEGOLLADO, FIDEL Address: 1523 SPANISH DR City, St. Zip: ASHEBORO, NC 27205 Permit #: 2024-00022004 Parcel #: 7649353271 Date: 05/07/2024 Location Address: 1523 SPANISH DR ASHEBORO, NC 27205 Permit Type Code: PZ 3 CONTACT NAME:DEGOLLADO, FIDEL Contact Phone:336 460-2532 LARRY & CHRISTY MCKENZIENEW 3 Acreage: Township:0.7200 04 - CEDAR GROVE Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - Asheboro NC 27204 SPECIAL USE PERMIT APPLICATION Page 17 of 104 Degollando Special Use Permit Request Location Map BRILESDR SPANISH DR CORTEZRD BONITA L N DANN Y B E L L R D BONITA ST MURIEL LN 1 inch equals 500 feet Directions to site: NC Hwy 49 S - (L) Mack Rd - (R) Danny Bell Rd - (R) Briles Dr - (L) Bonita Ln - (L) Spanish Dr - Site on (L) at 1523 Spanish Dr. Page 18 of 104 Degollado Special Use Permit Request !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( S P A N I S H D R BONITA L N BONITA ST COR T E Z R D MURIEL LN BR I L E S D R The request is located in the Municipal Airport Overlay District. 1 inch equals 250 feet Bonita Woods S/D Request location Legend Parcels Structures Type !(Multi-address Structure !(Permanent Structure !(Temporary Structure Roads USGS Streams 50 ft. Stream buffer County zoning Districts RA RM RR Page 19 of 104 Degollado Special Use Permit Request !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( S P A N I S H D R BONITA L N BONITA ST COR T E Z R D MURIEL LN BR I L E S D R The request is located in the Municipal Airport Overlay District. 1 inch equals 250 feet Bonita Woods S/D Legend Parcels Structures Type !(Multi-address Structure !(Permanent Structure !(Temporary Structure Roads USGS Streams 50 ft. Stream buffer County zoning Districts RA RM RR Page 20 of 104 Degollado Special Use Permit Request MURIEL LN S P A N I S H D R BONITA ST CORTEZ R D BONITA L N BR I L E S D R The request is located in the Municipal Airport Overlay District. 1 inch equals 200 feet Bonita Woods S/D Legend Parcels Roads USGS Streams 50 ft. Stream buffer Page 21 of 104 Degollado Special Use Permit Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Adjacent residence. Picture 6: Request location on right as seen looking toward Bonita Ln. Page 22 of 104 Allen, Roy James (Allen, Janice) 1288 Briles Dr Asheboro, NC 27205 Allen, Roy James (Allen, Janice) 1288 Briles Dr Asheboro, NC 27205 Hernandez, Laura Kimberly (Hernandez, Francisco Javier) 1374 Briles Dr Asheboro, NC 27205 Jaiswal, Pranay (Jaiswal, Ritu) 2428 Silent Brook Trl Round Rock, Tx 78665 Bennett, Timothy (Bennett, Kathryn) 1515 Spanish Dr Asheboro, NC 27205 Degollado, Fidel (Tejeda, Elizabeth) 1523 Spanish Dr Asheboro, NC 27205 Degollado, Oscar (Hernandez, Alma Calderon) 1530 Spanish Dr Asheboro, NC 27205 Degollado, Oscar (Hernandez, Alma Calderon) 1530 Spanish Dr Asheboro, NC 27205 Page 23 of 104 COUNTY OF RANDOLPH SPECIAL USE PERMIT REMINDERS A Special Use Permit is a quasi-judicial action designated by the Randolph County Board of Commissioners to the Randolph County Planning Board. Special Use Permits only allow the specified use and the Randolph County Planning Board must find the following findings of fact: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. The use meets all required conditions and specifications as outlined in the Randolph County Unified Development Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Randolph County Unified Development Ordinance. Only testimony by “expert witnesses” that can prove their status as an expert witness can be considered by the Planning Board for approving or denying a Special Use Permit. In granting the Special Use Permit, the Planning Board may designate only those conditions as authorized by the North Carolina General Statutes. Any conditions shall be agreed to by the applicant or property owner in writing before the vote of the Planning Board for the conditions to be enforceable. When denying a Special Use Permit, the Board Member making the motion to deny the request should cite which of the above required findings of facts were NOT met. Page 24 of 104 COUNTY OF RANDOLPH ORDER APPROVING SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY FIDEL DEGOLLADO SPECIAL USE REQUEST #2024-00022004 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on July 9, 2024, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 1523 Spanish Dr for the purpose indicated is hereby APPROVED, subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD APPROVES THE APPLICATION FOR A SPECIAL USE PERMIT FOR FIDEL DEGOLLADO BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. That the use meets all required conditions and specifications. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. Page 25 of 104 IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on July 9, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 26 of 104 MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 27 of 104 MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use may materially endanger the public health or safety, or the use does not meet all required conditions and specifications, or the use may substantially injure the value of adjoining property, that the use is not a public necessity and the location and character of use if developed according to the plan(s) as submitted and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 28 of 104 CASE SUMMARY FOR SPECIAL USE REQUEST #2024-00022005 The Randolph County Planning Board will hold a duly published and notified Quasi- judicial Hearing on the request by DARRELL TILLER, Seagrove, NC, and their request to obtain a Special Use Permit at 9113 Erect Rd, Brower Township, Tax ID #8604994235, 10.11 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a second residence for a family member as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. Page 29 of 104 OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affirmation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to testify on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you, God.” Page 30 of 104 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO 3710860400JFlood Plane Map #: Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO ALLOW A 2ND RESIDENCE FOR A FAMILY MEMBER Signature of Applicant: Melissa Burkhart Authorized County Official Applicant: TILLER, DARRELL City, St. Zip: SEAGROVE, NC 27341 Address: 9113 ERECT RD Owner: TILLER, DARRELL Address: 9113 ERECT RD City, St. Zip: SEAGROVE, NC 27341 Permit #: 2024-00022005 Parcel #: 8604994235 Date: 05/08/2024 Location Address: 9113 ERECT RD SEAGROVE, NC 27341 Permit Type Code: PZ 3 CONTACT NAME:TILLER, DARRELL Contact Phone:336 879-6964 EDWIN WRENN EST MP3TR 13 Acreage: Township:10.1100 03 - BROWER Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - Asheboro NC 27204 SPECIAL USE PERMIT APPLICATION Page 31 of 104 Tiller Special Use Permit Request Location Map EREC T R D BROWERMILL RD MANESS RD 1 inch equals 1,000 feet Directions to site: US Hwy 64 E - (R) 1003 - Continue on Erect Rd - Site on (L) approx. 8/10 mile past Maness Rd at 9113 Erect Rd. Page 32 of 104 Tiller Special Use Permit Request !( !( !( !( !( !( !( !( !( !( E R E C T R D 1 inch equals 400 feet Edwin Wrenn Estate S/D Request location Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads USGS Streams 50 ft. Stream buffer Flood plains County zoning Districts RA Page 33 of 104 Tiller Special Use Permit Request 1 inch equals 400 feet !( !( !( !( !( !( !( !( !( !( E R E C T R D Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads USGS Streams 50 ft. Stream buffer Flood plains County zoning Districts RA Page 34 of 104 Tiller Special Use Permit Request !( !( !( !( !( !( E R E C T R D 1 inch equals 250 feet Existing residence Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads USGS Streams 50 ft. Stream buffer County zoning Districts RA Proposed second residence Page 35 of 104 Tiller Special Use Permit Request E R E C T R D 1 inch equals 250 feet Legend Parcels Roads USGS Streams 50 ft. Stream buffer Page 36 of 104 Tiller Special Use Permit Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on right as seen looking toward Maness Rd. Picture 6: Request location on left as seen looking toward Brower Mill Rd. Page 37 of 104 Maness, Chad Jason (Maness, William Michael) 6315 Carmon Rd Gibsonville, NC 27249 Tiller, Darrell (Tiller, Venitia B) 9113 Erect Rd Seagrove, NC 27341 Davis, Bryan Edward (Davis, Johnna Moore) 9116 Erect Rd Seagrove, NC 27341 Luck, William Todd 9128 Erect Rd Seagrove, NC 27341 Burns, James M (Burns, Mary E) 9133 Erect Rd Seagrove, NC 27341 Moore, Sherri Mashburn (Garner, Darrell Van) 9107 Erect Road Seagrove, NC 27341 Gunter, Eleanor H 126 Falling Creek Dr Thomasville, NC 27360 Page 38 of 104 COUNTY OF RANDOLPH SPECIAL USE PERMIT REMINDERS A Special Use Permit is a quasi-judicial action designated by the Randolph County Board of Commissioners to the Randolph County Planning Board. Special Use Permits only allow the specified use and the Randolph County Planning Board must find the following findings of fact: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. The use meets all required conditions and specifications as outlined in the Randolph County Unified Development Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Randolph County Unified Development Ordinance. Only testimony by “expert witnesses” that can prove their status as an expert witness can be considered by the Planning Board for approving or denying a Special Use Permit. In granting the Special Use Permit, the Planning Board may designate only those conditions as authorized by the North Carolina General Statutes. Any conditions shall be agreed to by the applicant or property owner in writing before the vote of the Planning Board for the conditions to be enforceable. When denying a Special Use Permit, the Board Member making the motion to deny the request should cite which of the above required findings of facts were NOT met. Page 39 of 104 COUNTY OF RANDOLPH ORDER APPROVING SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY DARRELL TILLER SPECIAL USE REQUEST #2024-00022005 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on July 9, 2024, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 9113 Erect Rd for the purpose indicated is hereby APPROVED, subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD APPROVES THE APPLICATION FOR A SPECIAL USE PERMIT FOR DARRELL TILLER BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. That the use meets all required conditions and specifications. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. Page 40 of 104 IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on July 9, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 41 of 104 MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 42 of 104 MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use may materially endanger the public health or safety, or the use does not meet all required conditions and specifications, or the use may substantially injure the value of adjoining property, that the use is not a public necessity and the location and character of use if developed according to the plan(s) as submitted and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 43 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2024-00022003 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by EMMER AND OAT, LLC, Franklinville, NC, and their request to rezone 1.78-acres out of 3.21 acres at 3314 NC Hwy 22 N, Franklinville Township, Sandy Creek Balance Watershed, Tax ID #7793370945, Secondary Growth Area, from RR - Residential Restricted District and RA – Residential Agricultural District to RBO-CD - Rural Business Overlay - Conditional District. The proposed Conditional Zoning District would specifically allow a digital commercial photography studio as per the site plan. GENERAL INFORMATION Property Owner: Emmer and Oat, LLC Hearing Type: Legislative Small Area Plan: None Flood Plain Overlay: None Airport Overlay: None Existing Use: Singl-family residential SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Vacant and Single-family Residence South RR - Residential Restricted District and RA – Residential Agricultural Vacant East RA - Residential Agricultural District Single-family Residence West RR - Residential Restricted District Vacant Page 44 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 2 of 4 TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation (NCDOT): NCDOT will require a driveway permit to be obtained and prefers the drive to come off Cedar Forest Dr. ZONING INFORMATION Zoning History: There is no history of a rezoning, Variance or Special Use Permit at the request location. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 614 (ex. Fencing, buffers, etc.): RBO: RURAL BUSINESS OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED The Rural Business Overlay District is established to provide locations where compatible rural land uses such as neighborhood retail and service establishments can be in general proximity to established rural residential areas to reduce automobile travel distances and promote better livability in the rural community. The Rural Business Overlay District shall be considered as an overlay district to the Residential Agricultural District. Uses permitted within the underlying district shall be permitted provided they meet the requirements within the overlay zone subject to the restrictions provided by this section. (2) BUFFER REQUIREMENTS Where the property adjoins a residential use, a Level III buffer shall be installed. (3) SITE CONSIDERATIONS Yards may be used only for driveways, landscaping, and screening. The minimum lot size is three acres. Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. Page 45 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 3 of 4 (4) SIGNAGE Signage shall be permitted as allowed by Article 600, Section 634. TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION The Technical Review Committee has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting the above conclusion. Policy 3.1.a: Small/scale signage, buffering, and/or context-sensitive landscaping should be provided where commercial development adjoins existing or planned residential uses. Consistency Analysis: As shown on the submitted site plan, the applicant is proposing a Level III buffer around the property line as suggested by the above-mentioned policy. By providing this buffer, the applicant is trying to protect the existing rural, residential community from any negative impacts of the proposed photography studio. Policy 3.3.b: Compatible land uses such as rural neighborhood retail and service establishments located close to general residential areas should be considered during the rezoning process with the general goal of reducing travel times and promoting better livability in the community. Rural Business Overlay (RBO) districts should be encouraged for these areas. Consistency Analysis: Since this is a proposed service establishment of a photography studio, approving this request would meet the goals of “reducing travel times and promoting better livability in the community” and would also meet the goal of the policy by using the Rural Business Overlay District. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Page 46 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 4 of 4 It should be noted that this recommendation is only the opinion of the Technical Review Committee based on information supplied by the applicant before the public hearing. Additional information provided at the public hearing could cause the Planning Board to either accept or reject these recommendations. Page 47 of 104 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 2: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 3: Specialty District: N/A Watershed Name: SANDY CREEK WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710779300J Growth Management Areas:SECONDARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS:1.782 ACRES CURRENTLY ZONED RR-RESIDENTIAL RESTRICTED TO BE REZONED RA-RESIDENTIAL AGRICULTURAL THEN TO RBO-CD - RURAL BUSINESS OVERLAY-CONDTIONAL DISTRICT REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 1.7800 Lot Size Indicator: ACRE(S) Proposed Zoning District: RBO-CD-RURAL BUSINESS OVERLAY CONDITIONAL DISTRICT Proposed Use(S): DIGITAL COMMERCIAL PHOTOGRAPHY STUDIO Condition(S): Applicant: EMMER AND OAT LLC City, St. Zip: ASHEBORO, NC 27203 Address: 228 ART BRYAN DR Owner: BLACKMON, MICHAEL LACY Address: 3879 CEDAR FOREST RD City, St. Zip: FRANKLINVILLE, NC 27248 Permit #: 2024-00022003 Parcel #: 7793370945 Date: 05/02/2024 Location Address: 3314 NC HWY 22 N FRANKLINVILLE, NC 27248 Permit Type Code: PZ 2 CONTACT NAME:THOMPSON, JOHN Contact Phone:336 405-8010 Acreage: Township:3.2100 08 - FRANKLINVILLE Subdivsion: Lot number: Melissa Burkhart Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - Asheboro NC 27204 APPLICATION FOR ZONING CHANGE Page 48 of 104 Emmer and Oat, LLC, Rezoning Request Location Map NCH WY22N CEDAR FOREST RD 1 inch equals 400 feet ?ø ?ø Directions to site: NC Hwy 22 N - (R) Cedar Forest Rd - Site on immediate (R). Page 49 of 104 Emmer and Oat, LLC, Rezoning Request !( !( !( !( !( !( !( !( !( !( !( !( !(!( NCHWY22N CEDAR FOREST RD The request is located in the Sandy Creek Watershed Area. 1 inch equals 400 feet SUP for cellular tower (2006) Request location ?ø ?ø Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads USGS Streams 50 ft. Stream buffer County zoning Districts RA RR Page 50 of 104 10' Side Setback 35' Front Setback 40.00 George C. Kivett, Jr.Linda J. Kivett L1 & 2 of PB: 146 Pg: 77 Teresa A. Luck DB: 1592 Pg: 2167 Teresa L. Johnson DB: 1367 Pg: 1358 Shannon HindsonDB: 2880 Pg: 252 SR: 2538 60' R/W Per PB: 147 Pg: 93 4.429 Acres Total +/- 3.488 Acres Total Clear of R/W 1.193 Acres North of C/L of Road 3.336 Acres South of C/L of Road 332.92 158.06 230.461359.80 C2 C3 C4 Site A ca d e m y R d Ext Cedar Forest Rd Location Map (Not to Scale) Site Plan For:Emmer & Oat, LLC Franklinville Township Randolph County North Carolina April 30, 2024 Deed Book: 2903 Pg: 89 Plat Book: 162 Pg: 322 Scale: 1" = 80 US Survey Feet Bar Scale: , Firm #: P-1110 Dan W Tanner II L-4787 154 S. Fayetteville St, Suite B, Asheboro, NC 27203 Phone Number: 336 625-8000 Email: mail@surveycarolina.com Owners: Emmer & Oat, LLC 2766 Cool Springs Church Rd Franklinville, NC 27248 Job #: 16335Drawn By: MTH Checked By: DWT Notes: 1. This project is not located within a special flood hazard area per NCFRIS.Map #: 3710779300J Effective Date: 1/2/2008 2. Area calculated by coordinate geometry. 3. All lines surveyed by Survey Carolina, PLLC are indicated by bold lines. All linesnot surveyed by Survey Carolina, PLLC are indicated by dashed lines. 4. No attempt was made by this survey to locate all underground utilities nor anyother easements that would be revealed by a title search. 5. Tax PIN: 7793370945 OHU OHU Drop Inlet Junction Box Storm Sewer Manhole Yard Inlet Catch Basin Computed Point / Point Not Set Bench Mark Existing Concrete Monument EIP - Existing Iron Pipe EIR - Existing Iron Rod EN - Existing Nail NCGS Monument NIP - New Iron Pipe NIR - New Iron Rod RRS - Railroad Spike R/W - Right of Way Monument Stone Evergreen Tree Hardwood Tree Electric Manhole Electric Meter Fire Hydrant Gas Meter Gas Manhole Guy Wire Gas Valve Guy Pole Light Pole Power Pole U/G Power Box SS Cleanout SS - Sanitary Sewer SS Manhole Communications Manhole Transformer Telephone Pole Telephone Pedestal Utility Pole Water Meter Water Manhole Water Valve Back Flow Preventer Irrigation Control Valve Overhead Utility Line Sanitary Sewer Line Storm Sewer Line Water Line Fence Property Line Computed Property Line Right of Way Line Easement Line Setback Lines Tie Lines G G Gas Line Well Overhead Power Line E E E Underground Electric Line T T T 100 100 FW FW Underground Comm. Line 100-Year Flood Hazard Line Floodway Fire Dept. Connection C/L Railroad Z:0.00 Spot Elevation DRAWN FROM DEEDS AND PLATS OF RECORD. NO FIELD WORK PERFORMED AT THIS TIME W W U T E C MH CO PP LP W U G G E E DI W 0 80 160 240 LINE BEARING DISTANCEL110.96 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLEC1 433.19 34.53 34.52C2 489.31 273.36 269.82C3 1178.99 69.95 69.94C4 2387.55 66.12 66.12 Page 51 of 104 Emmer and Oat, LLC, Rezoning Request !( !( !( !( !( !( !( !( !( !( !( !( !(!( NCHWY22N CEDAR FOREST RD The request is located in the Sandy Creek Watershed Area. 1 inch equals 400 feet ?ø ?ø Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads USGS Streams 50 ft. Stream buffer County zoning Districts RA RR Page 52 of 104 Emmer and Oat, LLC, Rezoning Request NC H W Y 2 2 N CEDAR FOREST RD The request is located in the Sandy Creek Watershed Area. 1 inch equals 200 feet ?ø Legend Parcels Roads USGS Streams 50 ft. Stream buffer Page 53 of 104 Emmer and Oat, LLC, Rezoning Request A C A D E M Y R D E X T NCH WY22N CEDAR FOREST RD The request is located in the Sandy Creek Watershed Area. 1 inch equals 1,000 feet ?ø ?ø Legend Roads Growth Management Secondary Growth Area Rural Growth Area Page 54 of 104 Emmer and Oat, LLC, Rezoning Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Request location on right as seen looking along Cedar Forest Rd. Picture 5: Request location on right as seen looking toward Hardin Ellison Rd. Picture 6: Request location on left as seen looking toward Academy Rd Ext. Page 55 of 104 Hancock, Wilbert Lee (Hancock, Shirley [/'l) 1716 Academy Rd Ext Franklinville, NC 27244 Hindson, Shannon 3403 Cedar Forest Rd Franklinville, NC 27244 Emmer and Oat LLC 2766 Cool Springs Church Rd Franklinville, NC 27248 Kivett, George C Jr & Linda J 1244 lrcn Mountain Rd Asheboro, NC 27205 Luck, Teresa A 3363 Cedar Forest Rd Franklinville, NC 27 248 Wagoner, John S (Wagoner, Yuemei) 3429 Cedar Forest Rd Franklinville, NC 27 248 Kivett, George C Jr (Kivett, Linda J) 1244 lron Mountain Rd Asheboro, Nc 27205 Luck, Teresa A 3363 Cedar Forest Rd Franklinville, NC 27248 Easter, Jeny W (Easter, Peggy) 3430 Cedar Forest Rd Franklinville, NC 27248 Kivett, James Thomas & Charlotte M 3367 NC Hwy 22 N Franklinville, NC 27248 Page 56 of 104 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY EMMER AND OAT LLC REZONING REQUEST #2024-00022003 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to RBO-CD - Rural Business Overlay - Conditional District as described in the application of Emmer and Oat LLC are consistent with the Randolph County Unified Development Ordinance and the 2023 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area which generally lies along major transportation corridors and has access to urban services. This parcel is along NC Hwy 22 N which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 3.1.a: Small/scale signage, buffering, and/or context-sensitive landscaping should be provided where commercial development adjoins existing or planned residential uses. Consistency Analysis: As shown on the submitted site plan, the applicant is proposing a Level III buffer around the property line as suggested by the above-mentioned policy. By providing this buffer, the applicant is trying to protect the existing rural, residential community from any negative impacts of the proposed photography studio. Policy 3.3.b: Compatible land uses such as rural neighborhood retail and service establishments located close to general residential areas should be considered during the rezoning process with the general goal of reducing travel times and Page 57 of 104 promoting better livability in the community. Rural Business Overlay (RBO) districts should be encouraged for these areas. Consistency Analysis: Since this is a proposed service establishment of a photography studio, approving this request would meet the goals of “reducing travel times and promoting better livability in the community” and would also meet the goal of the policy by using the Rural Business Overlay District. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on July 9, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 58 of 104 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY EMMER AND OAT LLC WHEREAS, a 1.78-acre parcel, having the Randolph County Parcel Identification Number of 7793370945 is currently zoned RR - Residential Restricted District and RA - Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on July 9, 2024, to consider the proposed rezoning on application number 2024- 00022003, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to RBO-CD - Rural Business Overlay - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on July 9, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 59 of 104 MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion 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.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 60 of 104 MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application 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 not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 61 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 1 of 5 RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2024-00022007 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by THOMAS GWYN, High Point, NC, and their request to rezone 2.59-acres at 1585 Gable St, Trinity Township, Lake Reese Balance Watershed, Tax ID #6799603709, Primary Growth Area, from LI-CD - Light Industrial - Conditional District to LI - Light Industrial District. It is the desire of the applicant to rezone the property to allow any uses allowed by right in the LI - Light Industrial District. GENERAL INFORMATION Property Owner: DBJ Properties LLC Hearing Type: Legislative Small Area Plan: None Flood Plain Overlay: None Airport Overlay: None Existing Use: Commerical use SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North City of High Point Industrial use South City of Trinity ETJ Residential use East RA - Residential Agricultural District Single-family residence West RA - Residential Agricultural District and HC-CD - Highway Commercial - Conditional District Single-family residence and Automotive sales & service business Page 62 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 2 of 5 TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation (NCDOT): NCDOT will require a driveway permit to be obtained. ZONING INFORMATION Zoning History: There is no history of a rezoning, Variance or Special Use Permit at the request location. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): LI: LIGHT INDUSTRIAL DISTRICT PURPOSE The purpose of the Light Industrial (LI) District is to provide a place for light industrial, warehousing and distribution, and sales of large-item products. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Rural Growth Areas are 3 acres. 6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 8. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Page 63 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 3 of 5 Possible allowed uses in the LI - Light Industrial District include the following from the Randolph County Unified Development Ordinance: 1. Accessory uses; 2. Agricultural uses; 3. Amusements, indoor commercial (ex. Bowling alleys, skating rinks); 4. Amusements, out-of-doors commercial (ex. Roller coasters, fairgrounds); 5. Apparel and accessory sales; 6. Auction sales, yards, permanent; 7. Auction sales, temporary, one-time use; 8. Automobile and truck rental; 9. Automobile body shops (excluding open storage of wrecked vehicles); 10. Automobile carwash, drive-through, requiring vehicle stacking; 11. Automobile part sales; 12. Automobile sales; 13. Automobile service stations; 14. Automobile storage (excluding open storage of wrecked vehicles); 15. Bakery; 16. Boats, recreational vehicle sales, and service; 17. Bottling plants; 18. Builders supply sales; 19. Cabinet making; 20. Churches and their customary uses including childcare on-premises; 21. Compartmentalized storage for individual storage of residential and commercial goods; 22. Contractor’s yard and outdoor storage area; 23. Corporate offices or headquarters; 24. Dairy products, wholesale, and processing; 25. Daycare facility (corporate); 26. Farm machinery sales; 27. Fire, sheriff, and emergency services; 28. Food freezer operations; 29. Home occupations; 30. Industrial equipment sales and service; 31. Kennels; 32. Laboratory, research; 33. Machine shop, welding shop; 34. Mini-warehouse; 35. Mixed commercial and residential use where commercial use is primary and both occupy the same structure or lot; 36. Mobile home, travel trailer, camper, marine, recreational vehicle sales; 37. Monument and cut stone manufacture and sales; 38. Nursery and plant cultivation and sales; 39. Outdoor storage yard; 40. Pottery manufacturing and sales; Page 64 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 4 of 5 41. Printing and reproduction shop; 42. Radio or television studio; 43. Service stations; 44. Sheet metal fabrication; 45. Sign, directional gateway; 46. Sign, on-premise; 47. Sign, outdoor advertising (off-premises); 48. Temporary buildings, incidental to the development; 49. Temporary carnivals, rides, Ferris wheels; 50. Theater, drive-in; 51. Tobacco sales and warehousing; 52. Trailer rentals; 53. Truck terminal; 54. Upholstering and furniture refinishing; 55. Veterinary clinics; 56. Warehouses, sales, or service; and 57. Wholesale sales, not otherwise listed. TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION The Technical Review Committee has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting the above conclusion. Policy 4.1: Industrial development should be on land that is physically suitable and within areas that are supported by public infrastructure, including water, sewer, and transportation. Industrial development should be encouraged to locate in existing and planned industrial parks and/or Primary and Municipal Growth Areas suited for development, such as underutilized, former industrial sites. Consistency Analysis: The property is located in a Primary Growth Area suitable for industrial development with other industrial businesses currently located along Gable St. Policy 4.3: Light industrial uses should be located near Primary and Municipal Growth Areas to take advantage of proximity to available services and infrastructure and should be visually buffered according to their location. Consistency Analysis: Municipal Growth Areas are near the property which makes the proximity of services quickly available. Page 65 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 5 of 5 Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. It should be noted that this recommendation is only the opinion of the Technical Review Committee based on information supplied by the applicant before the public hearing. Additional information provided at the public hearing could cause the Planning Board to either accept or reject these recommendations. Page 66 of 104 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: LI-CD-LIGHT INDUSTRIAL CONDITIONAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: LAKE REESE WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710679900J Growth Management Areas:PRIMARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS:UPDATED APPLICATION 5/29/2024 REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 2.5900 Lot Size Indicator: ACRE(S) Proposed Zoning District: LI-LIGHT INDUSTRIAL DISTRICT Proposed Use(S): Condition(S): Applicant: GWYN, THOMAS City, St. Zip: HIGH POINT, NC 27260 Address: 1585 GABLE ST Owner: DBJ PROPERTIES LLC Address: 409 GREENWOOD DR City, St. Zip: HIGH POINT, NC 27265 Permit #: 2024-00022007 Parcel #: 6799603709 Date: 05/23/2024 Location Address: 1585 GABLE ST HIGH POINT, NC 27260 Permit Type Code: PZ 2 CONTACT NAME:GWYN, THOMAS Contact Phone:336 688-6105 ROBERT LEE ELKES SR2 Acreage: Township:2.5900 19 - TRINITY Subdivsion: Lot number: Melissa Burkhart Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - Asheboro NC 27204 APPLICATION FOR ZONING CHANGE Page 67 of 104 Gwyn Rezoning Request Location Map BELM A R S T US HWY 2 9 BETHE L D R US 29 NB O N R A M P PROSPECTST P R O S P E C T S T US29SB EXIT RAMPPROSPECT ST TO W E R A V E GABLE S T 1 inch equals 400 feet City of High Point City of Trinity I¡ I¡ Directions to site: US Hwy 29 W - (R) Prospect St Exit - (R) Prospect St - Continue on Gable St - Site on (R) at 1585 Gable St. Page 68 of 104 Gwyn Rezoning Request !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( BELM A R S T P R O S P E C T S T TO W E R A V E GABLE S T US HW Y 2 9 The request is located in the Lake Reese Watershed Area. 1 inch equals 400 feet City of High Point City of Trinity ETJ Rezoned for auto sales lot (1999) Rezoned LI (1992) I¡ I¡ Request location Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure !(Miscellaneous Structures Roads Municipal zoning County zoning Districts HC LI RA RM Guilford County Page 69 of 104 Gwyn Rezoning Request !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( BELM A R S T P R O S P E C T S T TO W E R A V E GABLE S T US HW Y 2 9 The request is located in the Lake Reese Watershed Area. 1 inch equals 400 feet City of High Point City of Trinity ETJ Rezoned for auto sales lot (1999) Rezoned LI (1992) I¡ I¡ Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure !(Miscellaneous Structures Roads Municipal zoning County zoning Districts HC LI RA RM Guilford County Page 70 of 104 Gwyn Rezoning Request BEL M A R S T PR O SPECTST GABLE S T US HW Y 2 9 The request is located in the Lake Reese Watershed Area. 1 inch equals 200 feet I¡ I¡ Legend Parcels Roads Guilford County Page 71 of 104 Gwyn Rezoning Request BELM A R S T P R O S P E C T S T TO W E R A V E GABLE S T US HW Y 2 9 The request is located in the Lake Reese Watershed Area. 1 inch equals 400 feet I¡ I¡ Legend Roads Growth Management Municipal Growth Area Primary Growth Area Guilford County Page 72 of 104 Gwyn Rezoning Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward Prospect St. Picture 6: Request location on right as seen looking toward Guilford County. Page 73 of 104 Ante Meridiem LLC 4711 Chesterfield Place Jamestown, NC 27282 James, Deborah Lynn 1711 Chestnut Glen Way High Point, NC 27262 Dbj Properties LLC 1585 Gable St High Point, NC 27260 Tsai, Tony Chin Hsien (Tsai, Jasmin Pei Wen) 1581 Prospect St High Point, NC 27260 Rollins, Leisa Dawn Trustee Heirs 481 Robin Ln Archdale, NC 27263 Johnson, Dayton McArthur 3245 W Lexington Ave Ext Dayton McArthur Johnson Living Trust High Point, NC 27262 Page 74 of 104 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY THOMAS GWYN REZONING REQUEST #2024-00022007 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to HI - Heavy Industrial District as described in the application of Thomas Gwyn are consistent with the Randolph County Unified Development Ordinance and the 2023 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Primary Growth Area which generally lies along major transportation corridors and has access to urban services. This parcel is along US Hwy 29 which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.1: Industrial development should be on land that is physically suitable and within areas that are supported by public infrastructure, including water, sewer, and transportation. Industrial development should be encouraged to locate in existing and planned industrial parks and/or Primary and Municipal Growth Areas suited for development, such as underutilized, former industrial sites. Consistency Analysis: The property is located in a Primary Growth Area suitable for industrial development with other industrial businesses currently located along Gable St. Policy 4.3: Light industrial uses should be located near Primary and Municipal Growth Areas to take advantage of proximity to available services and infrastructure and should be visually buffered according to their location. Page 75 of 104 Consistency Analysis: Municipal Growth Areas are near the property which makes the proximity of services quickly available. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. Adopted on July 9, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 76 of 104 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY THOMAS GWYN WHEREAS, a 2.59-acre parcel, having the Randolph County Parcel Identification Number of 6799603709 is currently zoned LI-CD - Light Industrial - Conditional District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on July 9, 2024, to consider the proposed rezoning on application number 2024- 00022007, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to LI - Light Industrial District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on July 9, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 77 of 104 MOTION TO APPROVE A REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion 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 and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 78 of 104 MOTION TO DENY A REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application 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 and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 79 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 1 of 5 RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2024-00022008 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by DONALD E. LEIDIGH, Asheboro, NC, and their request to rezone 1.26-acres out of 14.57 acres at 4284 US Hwy 64 W, Back Creek Township, Tax ID #7721981112, Secondary Growth Area, from RA - Residential Agricultural District to LI - Light Industrial District. It is the desire of the applicant to rezone the property to allow any uses allowed by right in the LI - Light Industrial District. GENERAL INFORMATION Property Owner: Donald E. Leidigh Hearing Type: Legislative Small Area Plan: None Flood Plain Overlay: None Airport Overlay: None Existing Use: Single-family residence SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District and RR - Residential Restricted District Single-family residence South RR - Residential Restricted District Single-family residence East RA - Residential Agricultural District and RR - Residential Restricted District Single-family residence Page 80 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 2 of 5 West RA - Residential Agricultural District Single-family residence TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation (NCDOT): NCDOT will require a driveway permit to be obtained. ZONING INFORMATION Zoning History: There is no history of a rezoning, Variance or Special Use Permit at the request location. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): LI: LIGHT INDUSTRIAL DISTRICT PURPOSE The purpose of the Light Industrial (LI) District is to provide a place for light industrial, warehousing and distribution, and sales of large-item products. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Rural Growth Areas are 3 acres. Page 81 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 3 of 5 6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 8. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Possible allowed uses in the LI - Light Industrial District include the following from the Randolph County Unified Development Ordinance: 1. Accessory uses; 2. Agricultural uses; 3. Amusements, indoor commercial (ex. Bowling alleys, skating rinks); 4. Amusements, out-of-doors commercial (ex. Roller coasters, fairgrounds); 5. Apparel and accessory sales; 6. Auction sales, yards, permanent; 7. Auction sales, temporary, one-time use; 8. Automobile and truck rental; 9. Automobile body shops (excluding open storage of wrecked vehicles); 10. Automobile carwash, drive-through, requiring vehicle stacking; 11. Automobile part sales; 12. Automobile sales; 13. Automobile service stations; 14. Automobile storage (excluding open storage of wrecked vehicles); 15. Bakery; 16. Boats, recreational vehicle sales, and service; 17. Bottling plants; 18. Builders supply sales; 19. Cabinet making; 20. Churches and their customary uses including childcare on-premises; 21. Compartmentalized storage for individual storage of residential and commercial goods; 22. Contractor’s yard and outdoor storage area; 23. Corporate offices or headquarters; 24. Dairy products, wholesale, and processing; 25. Daycare facility (corporate); 26. Farm machinery sales; 27. Fire, sheriff, and emergency services; 28. Food freezer operations; 29. Home occupations; 30. Industrial equipment sales and service; 31. Kennels; 32. Laboratory, research; 33. Machine shop, welding shop; Page 82 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 4 of 5 34. Mini-warehouse; 35. Mixed commercial and residential use where commercial use is primary and both occupy the same structure or lot; 36. Mobile home, travel trailer, camper, marine, recreational vehicle sales; 37. Monument and cut stone manufacture and sales; 38. Nursery and plant cultivation and sales; 39. Outdoor storage yard; 40. Pottery manufacturing and sales; 41. Printing and reproduction shop; 42. Radio or television studio; 43. Service stations; 44. Sheet metal fabrication; 45. Sign, directional gateway; 46. Sign, on-premise; 47. Sign, outdoor advertising (off-premises); 48. Temporary buildings, incidental to the development; 49. Temporary carnivals, rides, Ferris wheels; 50. Theater, drive-in; 51. Tobacco sales and warehousing; 52. Trailer rentals; 53. Truck terminal; 54. Upholstering and furniture refinishing; 55. Veterinary clinics; 56. Warehouses, sales, or service; and 57. Wholesale sales, not otherwise listed. TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION The Technical Review Committee has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting the above conclusion. Policy 5.1: Encourage new and expanding industries and businesses which diversifies the local economy by utilizing a more highly skilled labor force which increases area residents’ income and increases the tax base. Consistency Analysis: The property is located along US Hwy 64 W where expansion of diverse businesses is encouraged. Page 83 of 104 Technical Review Committee Report and Map Amendment Evaluation Page 5 of 5 Policy 5.5: The benefits of economic development and employment opportunities should be balanced against the surrounding effects such development may have on the quality of life enjoyed by area residents and the health of the environment. Consistency Analysis: The proposed rezoning of the property would be balanced by employment opportunities and quality of life for surrounding residents. Only a portion of the property that excludes a stream would be rezoned with the owner still residing on the remainder of the property. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. It should be noted that this recommendation is only the opinion of the Technical Review Committee based on information supplied by the applicant before the public hearing. Additional information provided at the public hearing could cause the Planning Board to either accept or reject these recommendations. Page 84 of 104 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710772100J Growth Management Areas:SECONDARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 1.2600 Lot Size Indicator: ACRE(S) Proposed Zoning District: LI-LIGHT INDUSTRIAL DISTRICT Proposed Use(S): Condition(S): Applicant: LEIDIGH, DON E City, St. Zip: ASHEBORO, NC 27205 Address: 4284 US HWY 64 W Owner: LEIDIGH, DONALD E Address: 4284 US HWY 64 W City, St. Zip: ASHEBORO, NC 27205 Permit #: 2024-00022008 Parcel #: 7721981112 Date: 05/23/2024 Location Address: 4284 US HWY 64 W ASHEBORO, NC 27205 Permit Type Code: PZ 2 CONTACT NAME:LEIDIGH, DON E Contact Phone:336 460-1650 Acreage: Township:14.5700 02 - BACK CREEK Subdivsion: Lot number: Melissa Burkhart Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - Asheboro NC 27204 APPLICATION FOR ZONING CHANGE Page 85 of 104 Leidigh Rezoning Request Location Map HARMONY TRL SA W Y E R S V I L L E R D SPENCERMEADOWRD C L U B VIE W DR US H W Y 6 4 W LO W E C T R Y R D 1 inch equals 400 feet I¤ I¤ Directions to site: US Hwy 64 W - Site on (R) approx 700 ft. past Spencer Meadow Rd at 4284 US Hwy 64 W. Page 86 of 104 Leidigh Rezoning Request !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !(!( !( !(!( !( !( !( !( !( !( !( HARMONY TRL C L U B VIE W DR LO W E C T R Y R D SPENCERMEADOW RD USHWY64W 1 inch equals 400 feet Rezoned for solar farm (2017) Request location Hunter's Creek S/D (1995) Amity Acres S/D (1997) I¤ I¤ Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure !(Miscellaneous Structures Roads USGS Streams 50 ft. Stream buffer County zoning Districts HC LI RA RE RIO RR Page 87 of 104 S 87°47'27" E 505.32 S 0 7 ° 1 4 ' 3 1 " W 10 3 6 . 3 2 S 0 1 ° 4 2 ' 4 9 " W 37 6 . 3 0 177. 5 0 N 62 ° 5 2 ' 0 8 " W 286. 9 6 N 0 2 ° 2 7 ' 4 9 " E 12 3 4 . 9 2 22 . 1 0 To t a l D i s t : 1 0 5 8 . 4 2 N 90°00'00" W 145.90 S 0 4 ° 4 2 ' 2 2 " W 31 8 . 1 8 Tota l D i s t : 4 6 4 . 4 6 Area To Be Rezoned LI 1.257 Acres Zo n i n g : RALI Am i t y H i l l s B a p t i s t C h u r c h DB : 1 7 0 3 P g : 2 2 1 3 Zo n i n g : R A JH S M a s t e r C a p i t a l , L L C DB : 2 2 8 7 P g : 1 6 8 4 Zo n i n g : R A Be n j a m i n H . S c o t t DB : 1 3 6 3 P g : 6 1 7 Zo n i n g : R A Jim m y B r i a n S a n d e r s DB : 2 1 2 3 P g : 1 7 9 2 Zo n i n g : R A Re b e c c a A . R i d g e w a y Th o m a s W . R i d g e w a y DB : 2 6 1 3 P g : 1 2 4 9 T2 o f P B : 7 4 P g : 4 2 Zo n i n g : R A Pa u l F l e c k e n Lin d a J . F l e c k e n DB : 1 1 8 4 P g : 1 9 0 3 Zo n i n g : R A Jo h n E v e r e t t e H i n s o n , S r . Be t t y J o y c e H i n s o n DB : 2 8 5 6 P g : 9 6 7 Zo n i n g : R A Ch r i s t o p h e r D a r s h a n H i r z e l Ha r l e y M i c h a e l a M u r p h r e e DB : 2 7 6 1 P g : 2 8 8 Zo n i n g : R A Alejandro Jimenez Arellano Bibiana Flores Tapia DB: 2495 Pg: 1350 Zoning: RA 13.840 Acres US H w y 6 4 W 150' R / W P e r P B : 4 5 P g : 9 3 12.584 Acres Present Zoning: RA 10 ' S i d e S e t b a c k s 10 ' S i d e S e t b a c k s 30' Rear Setbacks 30' F r o n t S e t b a c k s 3 1 7 4'3 1 " W 50' Fr o n t S e t b a c k s Gr i d N o r t h NA D 8 3 ( 2 0 1 1 ) Notes: 1. This project is not located within a special flood hazard area per NCFRIS. Map #: 3710772100J Effective Date: 1/2/2008 2. Area calculated by coordinate geometry. 3. All lines surveyed by Survey Carolina, PLLC are indicated by bold lines. All lines not surveyed by Survey Carolina, PLLC are indicated by dashed lines. 4. No attempt was made by this survey to locate all underground utilities nor any other easements that would be revealed by a title search. 5. Tax PIN: 7721981112 THIS SURVEY IS NOT SUBJECT TO GS 47-30 AND IS NOT TO BE USED FOR RECORDING Legend Property Line Computed Property LineRight of Way Line Easement Line Old Plat Book Line Existing Iron Rod/Pipe NIR Point Not Set/Computed Point Well Tie Lines Job #: 16362 Site Plan For: Donald E. Leidigh & Nixola M. Leidigh Back Creek Township Randolph County North Carolina May 21, 2024 Deed Book: 2088 Page: 355 Scale: 1" = 120 US Survey Feet Bar Scale: SURVEY CAROLINA, PLLC Firm #: P-1110 Dan W Tanner II L-4787 © 2024 Survey Carolina, Pllc 154 S. Fayetteville St, Suite B, Asheboro, NC 27203 Phone Number: 336 625-8000 Email: mail@surveycarolina.com DRAWN FROM DEEDS AND PLATS OF RECORD. NO FIELD WORK PERFORMED AT THIS TIME Drawn By: MTH Checked By: DWT 0 120 240 360 Page 88 of 104 Leidigh Rezoning Request !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!(!( !( !( !( REFLECTIONLN SA W Y E R S V I L L E R D HARMONY T R L LO W E C T R Y R D C L U B V IE W D R HUNTM A S T E R TRL SPENCERMEADOW RD USHWY64W 1 inch equals 500 feet Hunter's Creek S/D (1995) Amity Acres S/D (1997) I¤ I¤ Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure !(Duplex/Complex !(Miscellaneous Structures Roads USGS Streams 50 ft. Stream buffer County zoning Districts HC LI RA RE RIO RR Asheboro Country Club Rezoned for solar farm (2017) Page 89 of 104 Leidigh Rezoning Request HARMONY TRL C L U B VIE W DR LO W E C T R Y R D SPENCERMEADOW RD USHWY64W 1 inch equals 400 feet Rezoned for solar farm (2017) Hunter's Creek S/D (1995) Amity Acres S/D (1997) I¤ I¤ Legend Parcels Roads USGS Streams 50 ft. Stream buffer Page 90 of 104 Leidigh Rezoning Request H U N T E R C T HARMO N Y T R L BROO K SIDECT T R ANQ UI L LN SPENCERMEADOW RD BACK C R E EKTER SAWYERSVILLERD HUNTMASTER TRL USHWY64W LOWECTRY RD CLUBVIEW D R 1 inch equals 1,000 feet I¤ I¤ Legend Roads Growth Management Primary Growth Area Secondary Growth Area Page 91 of 104 Leidigh Rezoning Request Picture 1: Request location. Picture 2: Adjacent Residence. Picture 3: Adjacent Residence. Picture 4: Adjacent Commercial property. Picture 5: Request location on right as seen looking toward Club View Dr. Picture 6: Request location on left as seen looking toward Spencer Meadow Rd. Page 92 of 104 6/3/2024 Randolph County GIS Current Owner Information Randolph County, Its Agents and Employees make not warranty to the correctness of the information set forth on this document. PIN TAX_ACRES DESCRIPTION DEED_BOOK/PAGE OWNER ADDRESS ADDRESS2 CITY_STATE_ZIP 7721864734 27.69 R1328;W 001407/00532 GIBSON, JOSEPH E (GIBSON, KAREN D)111 PECAN LN SALISBURY, NC 28146 7721872451 4.78 R64;S 001426/00278 GIBSON, JOSEPH E (GIBSON, KAREN D)111 PECAN LN SALISBURY, NC 28146 7721879136 1 R64;S 002473/00327 SURRATT, ASHLEY D (SURRATT, SARAH B)4285 US HWY 64 W ASHEBORO, NC 27205 7721882352 34.8 R64;N 001703/02213 AMITY HILLS BAPTIST CHURCH P O BOX 3322 ASHEBORO, NC 27204 7721961927 2.5 R64;S 002088/00996 GREENE, MARK REGINALD 4245 US HWY 64 W ASHEBORO, NC 27205 7721962871 3.1 R64;R1328 002485/00699 HARLAN, ROBIN SUMNER 126 SAWYERSVILLE RD ASHEBORO, NC 27205 7721975205 2.4 R64;002287/01684 JHS MASTER CAPITAL LLC P O BOX 1104 ASHEBORO, NC 27204 7721975477 3 R1418;W 001363/00617 SCOTT, BENJAMIN H 137 SPENCER MEADOW RD ASHEBORO, NC 27205 7721975790 3 R1418;W 002123/01792 SANDERS, JIMMY BRIAN 219 SPENCER MEADOW RD ASHEBORO, NC 27205 7721975904 1.84 KEVIN HILL;TR2 002613/01249 RIDGEWAY, REBECCA A (RIDGEWAY, THOMAS W)231 SPENCER MEADOW RD ASHEBORO, NC 27205 7721981112 13.84 R64;N 002088/00355 LEIDIGH, DONALD E (LEIDIGH, NIXOLA M)4284 US HWY 64 W ASHEBORO, NC 27205 7721983967 7.56 R1418;W 002495/01350 ARELLANO, ALEJANDRO JIMENEZ (TAPIA, BIBIANA FLORES)4951 OLD LEXINGTON RD ASHEBORO, NC 27205 7721986154 2.7 R1418;001184/01903 FLECKEN, PAUL K (FLECKEN, LINDA J)267 SPENCER MEADOW RD ASHEBORO, NC 27205 7721986395 3 R 1418 002856/00967 HINSON, JOHN EVERETTE SR (HINSON, BETTY JOYCE)281 SPENCER MEADOW RD ASHEBORO, NC 27205 7721987518 2.9 R 1418 002761/00288 HIRZEL, CHRISTOPHER DARSHAN (MURPHEE, HARLEY MICHAELA)309 SPENCER MEADOW RD ASHEBORO, NC 27205 Page: 1 of 1 Page 93 of 104 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY DONALD E LEIDIGH REZONING REQUEST #2024-00022008 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to LI - Light Industrial District as described in the application of Donald E Leidigh are consistent with the Randolph County Unified Development Ordinance and the 2023 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area which generally lies along major transportation corridors and has access to urban services. This parcel is along US Hwy 64 W which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 5.1: Encourage new and expanding industries and businesses which diversifies the local economy by utilizing a more highly skilled labor force which increases area residents’ income and increases the tax base. Consistency Analysis: The property is located along US Hwy 64 W where expansion of diverse businesses is encouraged. Policy 5.5: The benefits of economic development and employment opportunities should be balanced against the surrounding effects such development may have on the quality of life enjoyed by area residents and the health of the environment. Consistency Analysis: The proposed rezoning of the property would be balanced by employment opportunities and quality of life for surrounding residents. Only a Page 94 of 104 portion of the property that excludes a stream would be rezoned with the owner still residing on the remainder of the property. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. Adopted on July 9, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 95 of 104 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY DONALD E LEIDIGH WHEREAS, a 1.26-acre parcel, having the Randolph County Parcel Identification Number of 7721981112 is currently zoned RA - Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on July 9, 2024, to consider the proposed rezoning on application number 2024- 00022008, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to LI - Light Industrial District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on July 9, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 96 of 104 MOTION TO APPROVE A REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion 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 and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 97 of 104 MOTION TO DENY A REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application 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 and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 98 of 104 Summary of Commercial Zoning Changes June 26, 2024 Page 1 of 4 Summary of Commercial Zoning Changes in the Randolph County Unified Development Ordinance 102: UNIFIED DEVELOPMENT ORDINANCE DEFINITIONS Add the following definitions to Section 102: Taxi Stand – Park and Ride Lot: A system for reducing traffic congestion in which drivers leave their vehicles in parking lots and travel to other locations on various means of transportation. Towing Service: A temporary holding place for vehicles that have been towed or impounded. This definition does not include the permanent storage or dismantling of vehicles. Transitional Housing: Housing designed for the transition from a treatment program back into their community. Transitional housing is intended for individuals and families who are in recovery and require further assistance before living independently. 613: ZONING DISTRICTS ESTABLISHED A. INTENT OF ZONING DISTRICTS The following pages include detailed descriptions of the base zoning districts contained within this Ordinance. Overlay Zoning Districts are not included in the following charts since the districts lay over the base districts and the specific guidelines are covered in more detail later in this section. Conditional Districts are not listed below as there are notes on each page that addresses the Conditional Districts. After the adoption of GC: General Commercial District, LC: Limited Commercial District, and CC: Community Commercial District, the HC: Highway Commercial District shall not be used in Randolph County zoning jurisdiction for future rezonings. B. MINIMUM LOT SIZES For this Ordinance, all minimum lot sizes shall be computed by excluding any area in a designed right-of-way, and land subject to flooding or land that may aggravate the flood hazard. Add the following tables to Section 613: Page 99 of 104 Summary of Commercial Zoning Changes June 26, 2024 Page 2 of 4 : GC: GENERAL COMMERCIAL DISTRICT PURPOSE The purpose of the General Commercial (GC) District is to provide a place for regional commercial uses and for which a full range of commercial and professional uses may be located that attract customers from a larger service area. The district regulations are designed to protect and encourage the transitional character of the district by permitting uses that are compatible with the surrounding area. Landscape buffer Level II will be required along adjacent residentially zoned property or adjacent residential uses and a landscape buffer Level III along all property lines for all manufacturing uses. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from the right-of-way Corner side setback 35 ft. from the right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Page 100 of 104 Summary of Commercial Zoning Changes June 26, 2024 Page 3 of 4 LC: LIMITED COMMERCIAL DISTRICT PURPOSE The purpose of the Limited Commercial (LC) District is to provide a place for low to medium-intensity crossroad businesses and community shopping establishments. The district regulations are designed to protect and encourage the transitional character of the district by permitting uses that are compatible with the surrounding area. Landscape buffer Level III will be required along adjacent residentially zoned property or adjacent residential uses. No building within this district shall exceed 40,000 square feet, including all floors. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from the right-of-way Corner side setback 35 ft. from the right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Page 101 of 104 Summary of Commercial Zoning Changes June 26, 2024 Page 4 of 4 CC: COMMUNITY COMMERCIAL DISTRICT PURPOSE The purpose of the Community Commercial (CC) District is to provide a place for crossroads commercial services to residences with basic trade and personal services that occur regularly. The district regulations are designed to protect and encourage the character of the district by permitting uses that are compatible with the surrounding area. Landscape buffer Level II will be required along adjacent residentially zoned property or adjacent residential uses. No building within this district shall exceed 10,000 square feet, including all floors. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at the building line Front setback 35 ft. from the right-of-way Corner side setback 35 ft. from the right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Secondary Growth Areas are 40,000 sq. ft. 6. The minimum lot size requirements within Rural Growth Areas are 3 acres. 7. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 8. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 9. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. Page 102 of 104 Commercial Uses GC LC CC Amusement, Indoor - (e.g., bowling alleys, skating rinks)   Amusement Out of Doors - (e.g., roller coasters, fairgrounds, Theater, Drive-In, Ferris Wheels)  Assembly - (e.g., Event Center, Community Center, public or non-profit club and recreation, Fitness and recreational sports center)   Auction Sales, Temporary, One-time use    Automobile carwash, drive-through, requiring vehicle stacking  ` Bus station  Clubs and Places of Entertainment - commercial  Consumer Services (Dry cleaners/laundry, veterinary Clinic, locksmith, post office government offices, repair shop, cabinet making, Bakery, Barber/Beauty Services, bank, restaurant, exterminating services, library, gunsmith, tailor)    Daycare - Freestanding    Drive-in Window services (banks, laundries, fast food) if permitted in the district   Funeral Home    Health and social services centers   Home Occupation    Hotel/Motel  Manufacturing (e.g., Glass Manufacturing, Bottling Plant, , upholstering and furniture refinishing)   Mixed Commercial and residential use where commercial use is primary and both occupy the same structure or lot   Outdoor Storage Services (Service Stations, Auto Body Shops, Contractor’s Yard with outdoor storage, Tow yards, Boats, RV, Service and Sale)    Planned Business Development   Pottery manufacturing    Page 103 of 104 Commercial Uses GC LC CC Professional Offices (Laboratory, Clinic medical/dental, law office, accountant, printing/reproduction shop)    Professional Services (e.g., Veterinary clinic including Boarding, automobile repair/service station, machine/welding shop)   Public Utilities Substation S S S Radio or Television Tower S S S Religious Facility (Churches and customary uses including childcare on site)    Sales - ( e.g., Drugstore, convenience store, Flea market indoors, retail sales - apparel, accessories shoes, auction sales -permanent, grocery store, Florist)    Sales with Outdoor Display - ( e.g., Farm supplies/machinery sales, mobile homes sales, accessory building sales, builders supply sales, Flea market outdoors, Automobile sales, automobile/trailer rentals, auction yards-permanent, nursery, monument and cut stone manufacturer sales, industrial equipment/service, Wholesale sales)    School (e.g., Schools, Business/Trade) S S S Sign - Directional Gateway    Sign - On-premises    Sign - Outdoor advertising (off-premises)   Skills, Games of Chance S S S Storage (e.g. mini warehouse, automobile storage)    Telecommunication Tower S S S Transportation (e.g., Taxi Stand, park and ride lot)    Warehouse sales or service    Page 104 of 104