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240819 Zoning Appeals Special Meeting August 19, 2024 – Zoning Appeal The Randolph County Board of Commissioners met in special session at 6:00 p.m. at 725 McDowell Road, Meeting Room A, Asheboro. Chairman Darrell Frye, Vice-Chairman David Allen, Commissioner Hope Haywood, Commissioner Maxton McDowell, and Commissioner Kenny Kidd were present. Also present were County Manager Zeb Holden, Assistant County Manager William Johnson, County Attorney Ben Morgan, Clerk to the Board Dana Crisco, and Deputy Clerk to the Board Jenny Parks. This special meeting was live streamed on YouTube. Tonya Caddle, Planning and Zoning Director, reviewed the first request as follows: GREGORY BENNETT, Liberty, NC, and his 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. Gregory Bennett, explained the history of his family land. He spoke of the layout of the other property shown on the map with other family members nearby. Chairman Frye asked if he had some potential uses for the land. Mr. Bennett said his understanding was that if he had zoning with different uses, he would not need to come back to the Zoning Board each time the use changed for the property. Commissioner Haywood asked if he meant more than one business located on the property or more than one use. Mr. Bennett clarified that he wanted to put a building on the property and rent it to various businesses. If one business did not work out, he would have to wait to rezone for the next business. Chairman Frye said that he did not think rezoning would take very long. Mr. Bennett replied that even a few months could become a hardship for his family. He was not sure what the future held for him and his family because of health issues. Commissioner Haywood questioned Attorney Ben Morgan regarding the continued updating of the Unified Development Ordinance by the Planning Board and if this request was denied, would it cause Mr. Bennett to have to wait another year? Mr. Bennett replied that it could take two years though. Chairman Frye stated that the Board can only make a decision based on today’s information. Mr. Bennett read a statement from the Technical Review Committee that reviewed his request and said it 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. He thought it was a good thing in a Primary Growth area. Commissioner Kidd asked about the water on the property. Mr. Bennett said it is a small pond. 08/19/24 Vice-Chairman Allen questioned if the land had been evaluated for any use. Mr. Bennett stated that he did have it tested to see that it would perk. It did perk. That is all he has done. Chairman Frye asked about the supporters present for Mr. Bennett. Mr. Bennett asked them to stand. He said he had those names and addresses. Chairman Frye told him to give those names to the Clerk. Chairman Frye opened the public hearing and closed it when everyone who wished to speak had done so. Larry McKenzie, 3055 Acorn Ridge Rd., Franklinville, stated he owns property with the Bennetts. They are excellent landlords. He stated that if you can’t zone property on Hwy 64 as Highway Commercial then where can you. Angela Leak, 171 Andrew Hunter Rd., Franklinville, Mr. Bennett’s sister says he is very family oriented. He loves all types of animals. Even though the lady who rents his land is against this zoning, he has not ended her contract. There have been others that have wanted to rent the land. Alan Smith, 471 Andrew Hunter Rd., Franklinville, has known Mr. Bennett for years and Mr. Bennett will do what he says. AJ Hallman, 198 Andrew Hunter Rd., Franklinville, talked to Mr. Bennett about contamination to the water table. He will be checking on him to be sure Mr. Bennett does what he says. Susan Richards, 207 Andrew Hunter Rd., Franklinville, noted the email that was sent to the Commissioners with her concerns and stated she is not against Mr. Bennett’s business or Ms. Leak in any way. She is against the zoning. Highway commercial has many uses that can go against the characteristics of the neighborhood like noise, light, runoff, hours of operation which her email mentioned. (See Attachment A following these minutes.) Chairman Frye asked about the rental between Ms. Richards and Mr. Bennett. Ms. Richards said she and Mr. Bennett had renewed the lease by text for another three to four years. If Mr. Bennett had someone that would pay him higher rent, she would gladly end her lease. Commissioner Haywood asked where Ms. Richards’ and Mr. Bennett’s property. Ms. Richards showed her on the map. Ms. Richards stated that she did have some of her property tested to see if it perked and it did not. At this time, it can only be used for farmland. If there is going to be growth in the area, there needs to be utilities available. Ms. Richards said that she agrees with Mr. Bennett on the Highway Commercial usage of the property. However, she would like there to be guidelines for that usage in place to protect the community and the pastureland in the coming years. 08/19/24 Mr. Bennett said he leases the pasture property because Ms. Richards needed to feed her horses and his property had tall grass. That why he continues to lease the property to her. Vice-Chairman Allen asked if Mr. Bennett had spoken with the DOT about a driveway. Mr. Bennett said he had. Chairman Frye said the technical review committee recommended approval, he is a good neighbor, and he keeps things clean. The problem is that the next owner may not be as honest as Mr. Bennett. If he had a more defined project, he could come back and be heard quickly. Commissioner McDowell does not see a problem with Mr. Bennett’s request. Commissioner Kidd thanked the Planning and Zoning Board for all their hard work. He stated that Larry McKenzie said earlier this property is in a primary growth area on a highway so where else would you put Highway Commercial property. Chairman Frye stated that it could be argued that it is at a stoplight and has other unique characteristics. Vice-Chairman said this could be easier if there had been a site plan. He agreed that it is in a Primary Growth area. Property in his family is no longer in his family. What Mr. Bennett is doing won’t be an issue but what about the next owner? He respects the Planning Board. The zoning request is the same as it was a year ago. If more information had been given for this request, it may have made an easier decision for the Planning Board. Vice-Chairman Allen said he was still deciding. Commissioner Haywood referenced a letter written by a resident along the road whose father had a garage that he always kept looking good. If the Board approves this, do it right. On motion of McDowell, seconded by Kidd, the Board voted 5-0 to approve this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and are included in the Board of Findings of Reasonableness and Public Interest statements that Commissioners agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes and that the request is also consistent with the Randolph County Growth Management Plan. Tonya Caddle, Planning and Zoning Director, reviewed the second request as follows: DONALD E. LEIDIGH, Asheboro, NC, and his request to rezone 1.26-acres outof 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. 08/19/24 Mr. Leidigh said his life has been doing mission work. He found that a nearby young man was making countertops and needed a building with 12-foot ceilings and 220 amps of power. Mr. Leidigh told him he could have a building for him to rent put on his property. Chairman Frye asked if Mr. Leidigh had a project and a site plan. Mrs. Leidigh said they went to a surveyor and had a plat and site plan drawn up. Chairman Frye suggested that the Leidighs go back to Planning and have them help with the specific project. Commissioner Haywood asked about additional fees. Chairman Frye stated they would not need to pay another fee to get the application fixed. On motion of Haywood, seconded by Allen, the Board voted 5-0 to table the request of Don Leidigh and have him amend his application at the Planning Department. Adjournment At 7:24 p.m., on motion of Allen, seconded by McDowell, the Board voted 5-0 to adjourn. ________________________________ ________________________________ Darrell Frye, Chairman David Allen, Vice-Chairman ________________________________ _________________________________ Maxton McDowell Kenny Kidd _________________________________ ________________________________ Hope Haywood Dana Crisco, Clerk to the Board 08/19/24 ATTACHMENT A Wed., August 14, 2024 – sent by email For the review of staff and Commissioners. Dear Randolph County Commissioners and Staff Members I am respectfully submitting this email and attachments for your consideration and review of the HC rezoning appeal of Gregory Bennett scheduled to be heard Monday, August 19, 2024. My name is Susan Richards, I live at 207 Andrew Hunter Rd, Asheboro, NC 27203. My property adjoins both of Mr. Bennett's properties, 177 Andrew Hunter, and the parcel requesting to be rezoned HC. The request to rezone this parcel from RR/RA to HC has been submitted to and rejected by the Planning and Zoning Board twice. In both 2023 and 2024 the Board unanimously rejected the application as submitted as straight HC. The board asked questions and made observations pertaining to traffic, visibility, proximity to residences, and impact of some of the many HC options on neighboring properties. Mr. Bennett's property is not directly adjoining Hwy 64. The strip between Hwy 64 and the request is owned by Clayton Sommers. Clayton is an engineer who resides on his family farm raising cattle with his fiancée. Mr. Sommers' property totals roughly 33 consecutive acres abutting Hwy 64, adjoining both my and Mr. Bennett's properties. The visibility of this rezoning request from Hwy 64 is somewhat obscured by the parcel owned by Mr. Sommers. As such, the applicant's parcel lends itself towards being both the entrance and exit of a rural community neighborhood. Andrew Hunter Rd. is roughly 1.78 miles of residences, farms, churches and open space with 3 active businesses before entering Franklinville. Accessibility for retail and commercial purposes of the parcel is in close proximity to the intersection of Hwy 64. Traffic safety and vehicle weights were of concern and consideration to myself, others and the Board depending on the commercial use. Mr. Bennett has outlined his project to me during conversations we have had about the properties. He has described building a metal building with bays for semi tractor and small vehicle repair, renting the building out to an operator, creating additional parking and storage of tractor trailers and selling used vehicles next to the metal building. Mr. Bennett has indicated HC without conditions and a site plan would cause him hardship should his plans fail and he need to adjust uses within a few months. Should his rental plans fail, the probability of an empty metal building with cars, trucks and semi-trailers being abandoned by the tenants is a real possibility with other environmental hazards or consequences similar to Mr. Cox on Loflin Pond Rd. I currently lease approximately 2 acres of the proposed rezoning request. The land behind 177 and 171 Andrew Hunter. The gated entry to the acreage is at center of our adjoining property line. The land is used as pasture for my livestock and horses until May 2028. The animals are currently farm fenced and secure. The fencing is not meant for public accessibility or exposure. If approved, the general public will have access to unauthorized interaction possibly feeding of my animals. Their safety and the safety of the public is a primary concern. There will be impact of trash drifting from a business into the field which could result in choking or tangle hazards. There will be unknown types of chemical or fuel runoff during rain or during cleaning products or vehicles if Mr. Bennett's current plan is implemented. The type and amount of runoff is a hazard to the field nutrition and subsequently any product produced on the land. When the land lease ends, the open space between my back yard and the proposed HC rezoning would offer no buffer. Andrew Hunter Rd. offers easy access to trails, Farm E3, the Zoo, Toyota, Wolfspeed, other shopping, residential and rural living. It is connected to a historic scenic route. During the next 3-7 years of Randolph County's planned infrastructure enhancements open probabilities to draw developers looking for opportunities here in Randolph County. Mr. Bennett, myself and other property owners in direct proximity to Hwy 64 on Andrew Hunter offer significant transitional space with potential for retail, commercial and higher density residential with the building of the currently planned and approved water and sewer. When utility connections are available, the development will be a tremendous asset to the County, business owners and residents. I am hopeful my property will be considered for a part in that development both now and in the near future. I am respectfully requesting the straight HC plan be denied. The current rezoning request of straight HC does not address key issues such as suitability or sustainability for the proposed use, impacts on traffic, environmental pollution, neighborhood character, current utilities, building type or use, buffers, lighting, late night noise, security, hours of operation, environmental pollution through rainwater runoff into pastures. The Planning and Zoning Board is typically pro- growth. They listen intently and choose to bring jobs and growth to the County with zoning changes. The Board denied this request offering Mr. Bennett options to submit partial parcel rezoning or HC conditional requesting a minimal site plan. They cited straight rezoning of the irregular L shape with residences in front of the parcel created reservations and holds potential harm to neighboring properties. While I do understand you as Commissioners are hearing this case for the first time and are not considering past rulings, the Board's questions and subsequent denial validated my concerns as a straight HC option in this specific location. I am grateful for their sharing of their knowledge and in all cases looking at the many aspects of the request presented. I believe the request as submitted is detrimental to me, my lifestyle, health and wealth. I believe it has is incongruent with the objectives of the community as it does not consider allof the possibilities and limits future opportunities. Thank you for your time. I look forward to hearing your thoughts on the proposed project and answering any questions you may have for me at the meeting. Sincerely, Susan Richards 207 Andrew Hunter Rd Asheboro, NC 27203 714-585-8815 Attachments YouTube link of pasture and corner https://youtu.be/wuA5asnrW8E?feature=shared Back yard /pasture view. Both directions