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01JanuaryPBPage 1 of 13 1/7/2025 January 7, 2025 1. Call to Order of the Randolph County Planning Board. There was a meeting of the Randolph County Planning Board on January 7, 2025, at 6:00 PM in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, 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 at the meeting. Reid Pell, Kemp Davis, John Cable, Reggie Beeson, Ken Austin, Brandon Hedrick, Susan Thompson and Nicholas Mooney were present. County Planning Director Tonya Caddle and County Attorney Ben Morgan were also present, along with County Planning staff members Kayla Brown, David Harris, Cory Hartsoe, Kim Heinzer, Tim Mangum, and Eric Martin. 3. Consent Agenda: ● Approval of agenda for the January 7, 2025 Planning Board meeting. ● Approval of the minutes from the December 3, 2024 Planning Board meeting. On the motion of Cable, seconded by Hedrick, the Planning Board voted 7-0 to approve the Consent Agenda as presented in the agenda. 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. 6. New Business. Page 2 of 13 1/7/2025 SPECIAL USE PERMIT REQUEST #2024-00022041 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by MARY KING, Ramseur, NC, and their request to obtain a Special Use Permit at 437 NC Hwy 22 N, Columbia Township, Tax ID #8702133558, 26.35 acres, RR - Residential Restricted District and RA - Residential Agricultural District. The applicant desires to obtain a Special Use Permit to allow a second residence to remain on the property as a guest house. Caddle presented the first case of the night, the Special Use Permit request of Mary King, Ramseur, NC. Pell explained to the public that anyone wanting to speak in favor or against a request would be sworn in to give testimony for the case. Pell opened the public hearing. Morgan administered the oath to Mary King. King explained that there are currently over twenty-six acres of property with a house and guest house on the property. She said they want to divide the property and have two new 8-acre tracts, leaving the remaining 10 acres or so with the existing house and guest house. King said that she wanted to divide the property so her daughter could build a house and that King had moved into the guest house as she can not handle the steps in the main house. Caddle explained that the request was not for the subdivision of the property but to allow two residences to remain on the property if it was divided. Morgan explained to King that once she had divided her property, the two homes would remain on the ten-acre parcel and could not be able to be sold individually without Board approval. King said she understood. Pell asked if there were any questions from the Planning Board members. Hearing none, Pell closed the public hearing. On the motion of Davis, seconded by Cable, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. SPECIAL USE PERMIT REQUEST #2024-00022045 The Randolph County Planning Board will hold a duly published and notified Page 3 of 13 1/7/2025 quasi-judicial hearing on the request by JULIE & MICHAEL ROGERS, Sophia, NC, and their request to obtain a Special Use Permit at 3215 Green Glade Rd, Back Creek Township, Tax ID #7734673504, 2.06 acres, RM - Residential Mixed District. The applicant desires to obtain a Special Use Permit to allow the replacement of a second residence on the property for a family member. Caddle presented the next case of the night, the Special Use Permit request of Julie and Michael Rogers, Sophia, NC. Pell opened the public hearing. Morgan administered the oath to Michael Rogers, the applicant. Rogers told the Board that he is trying to replace an old double-wide mobile home with a modular home and that his sister currently lives in the existing mobile home. Morgan asked Rogers if he understood the approval from the Board, which would require the two homes to remain on the property, and he would not be able to sell either home individually without the Board's approval. Rogers said he understood. Pell asked if there were any questions from the Board members. Beeson asked Rogers if he planned to replace only one of the homes. Rogers said he would be replacing the double-wide only. Pell closed the public hearing. On the motion of Beeson, seconded by Austin, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. SPECIAL USE PERMIT REQUEST #2024-00022044 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by REBECCA C. SPIVEY, Asheboro, NC, and their request to obtain a Special Use Permit at 1547 Cox Brothers Rd, Grant Township, Tax ID #7790769837, 6.7 acres, RA - Residential Agricultural District. The applicant desires to obtain a Special Use Permit to allow a third residence on the property for a family member. Caddle presented the third case of the night, the Special Use Permit request of Rebecca C. Spivey, Asheboro, NC. Pell opened the public hearing. Page 4 of 13 1/7/2025 Morgan administered the oath to Rebecca Spivey, the applicant. Rebecca Spivey, 1547 Cox Brothers Rd, Asheboro, said she and her husband are requesting to add a third residence to their property. She said they have the required acreage and road frontage. Morgan asked Spivey if she understood that if the Board approved her request, she would not be able to sell the homes individually without coming back to the Board and requesting to do so. Spivey said she understood. Pell asked if there were any questions from the Board members. Beeson asked if there would be an additional driveway installed and if it would be on the north side of the property. Spivey said there would be an additional driveway, and it would be on the north side of 1545 Cox Brothers Rd. Austin asked if there would be an additional well and septic installed for the third home. Spivey said they would install a new septic system but would share an existing well. Pell asked if there were any additional questions from the Board. Hearing none, Pell closed the public hearing. Hedrick said it appears the new driveway would be installed on the portion of the property that appears to be cleared, and it should not have an impact on the line of sight in the curve. He said the applicants understand the homes cannot be sold individually, so he would make a motion. On the motion of Hedrick, seconded by Beeson, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. SPECIAL USE PERMIT REQUEST #2024-00003493 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by NATHAN DAVIS, Asheboro, NC, and their request to obtain a Special Use Permit at 2943 Monterey Rd, Cedar Grove Township, Tax ID #7657572797, 5.04 acres, RA - Residential Agricultural District. The applicant desires to obtain a Special Use Permit to obtain a federal firearms license in a proposed 1,000 sq ft accessory building. Caddle presented the last Special Use Permit for the night, the request of Nathan Davis, Asheboro, NC. Page 5 of 13 1/7/2025 Pell opened the public hearing. Morgan administered the oath to Nathan Davis, the applicant. N. Davis said he would like to buy and sell firearms legally by having a federal firearms license and the license requires this Special Use Permit to be approved. He said it would be an at-home business, allowing him to buy wholesale products instead of paying retail prices. N. Davis said that he travels quite a bit and would like to do this operation in his free time. Pell asked if there were any questions from the Planning Board. Cable asked if there would be a firing range or test range and N. Davis stated that there would not be a test range. Davis stated that the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, the AFT, requires a minimum 1,000 sq ft building and the building would have a security system. N. Davis told the Board that he would order firearms after it has been purchased by a customer. Austin asked about the hours of operation and N. Davis said that it would be mostly in the evenings but that he could not give a specific time other than he would be following the AFT guidelines. N. Davis also told the Board that he would be using the existing drive to access the proposed building and would only put up the necessary signage and that he does not want to advertise the business unless it is necessary as he wants to keep his family safe. Morgan asked if the store would be open by appointment only and N. Davis said that Morgan was correct. Cable stated that his seems to be a generally low-key operation. Morgan stated that the Planning Board hears these types of requests frequently. Cable said that his concerns about security and safety have been answered. Pell asked if there were any other questions from the Planning Board. Hearing none, Pell closed the public hearing. Hedrick stated that the Board has heard many of these requests before and that N. Davis has given the operation a lot of thought. On the motion of Hedrick, seconded by Austin, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. Page 6 of 13 1/7/2025 REZONING REQUEST #2024-00022042 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by CARSON EDWIN & ANGELA KIDD COCKMAN, Ramseur, NC, and their request to rezone .72 acres out of 1.48 acres at 850 NC Hwy 22 S, Columbia Township, Tax ID #8701898377, Municipal Growth Area, from RR - Residential Restricted District to HC - Highway Commercial District. The applicant desires to rezone the property to allow any use allowed by right in the HC - Highway Commercial District. Caddle presented the first rezoning case of the night, the request of Carson Edwin and Angela Kidd Cockman, Ramseur, NC. Pell opened the public hearing. C. Cockman addressed the Planning Board and told them that he did not know that the property was not all zoned HC - Highway Commercial District. Pell asked if there were any questions from the Planning Board. K. Davis asked if the request was to make the entire property the same zoning and C. Cockman answered yes. Austin asked if there was access to Gracewood Rd and C. Cockman said there was no formal driveway but that he has access via another lot and that he owns the parcels on both sides of the request location. Cable asked if C. Cockman could cut a drive and exit on Gracewood Rd and C. Cockman said that he could if necessary. Pell asked if there were any other questions from the Planning Board. Hearing none, Pell closed the public hearing. K. Davis said that everyone knows that he is not a fan of straight rezoning, but in this case, the property owner is trying to clean up an existing zoning issue. Hedrick said that C. Cockman is trying to fix a problem. Cable said that he appreciated the Cockman's wanting to clean up the situation and make it right. On the motion of Cable, seconded by Hedrick, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. Page 7 of 13 1/7/2025 REZONING REQUEST #2024-00022043 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by LOW BRIDGE SOLAR, LLC, Durham, NC, and their request to rezone 308.64 acres at 6960 Ferguson Rd, Columbia Township, Sandy Creek Balance Watershed, Tax ID #8713255702, #8713273793, #8713398173, #8714210539, #8714200236, #8714311050, #8713298256, and #8714309162, Secondary Growth Area, from RA - Residential Agricultural District to RIO-CD - Rural Industrial Overlay - Conditional District. The proposed Conditional Zoning District would specifically allow a ground-mounted utility-scale photovoltaic solar farm and battery energy storage system. Property Owners: William D. & Judy O. Allred, JNB Holdings of Randolph, LLC, Allen Dean Wright and Allen D. & Ginger W. Wright Caddle presented the next rezoning case of the night, the rezoning request for Low Bridge Solar, LLC, Durham, NC. Pell opened the public hearing. Tom Terrell, representing Low Bridge Solar, distributed binders to the Planning Board to reference during the presentation (Exhibit 1). He said the binder includes the application, a larger-scale site plan for review, a study on health and safety, an operations manual, a decommissioning plan, the consistency for the area, and some conditions to consider for the request. Matt Dellafield, using a PowerPoint presentation, explained to the Board that this is the second project in Randolph County. He said they started working on the project in 2021 which is a 40 megawatt project which will supply approximately 6,000 homes. He said this facility may incorporate battery storage and proposed an increase of 1.6 million dollars in new net taxes over the life of the facility in addition to what the County is already receiving on the property. Dellafield said they have completed several environmental engineering studies including wetland assessments, cultural resource assessment, threats to endangered species assessment, and the findings are reflected on the site plan, according to the County requirements. Dellafield said they have had two neighborhood informational meetings, making adjustments based on the neighbors’ feedback from those meetings, and after submitting their proposal to Duke Energy last year, they had been informed that their proposed project had made Duke’s list as a finalist, although there is no guarantee from Duke to move forward. He said they should know more definitively in May or June of this year if their project is selected and plan to be on track for operation from 2028 to 2029. Page 8 of 13 1/7/2025 Dellafield explained the site plan in more detail, pointing out the plan to leave existing vegetation, plant buffers where necessary and supplement vegetation in some areas as needed, and meet or exceed Randolph County standards. He also explained that the fencing will conform to the National Electrical Code, adequate roads for Emergency Services, and plans to get approval from the Fire Marshal’s office for the design as well. Dellafield said a decommissioning plan has been submitted and gave a brief description of the plan (also included in the exhibit provided). Pell asked if there were any questions from the Board. Hedrick said he appreciates the applicant’s insight on the decommissioning and working with legislation to put those plans in place, removing the burden from the County. Austin asked if the decommissioning plan would be filed with Randolph County and if there is a bond put in place for protection. Dellafield explained that they provide financial assurance through a bond, escrow, or cash and it is administered by the State if there is an issue. Austin asked if the document would be recorded. Dellafield said it is not recorded in the Register of Deeds, but it is a document that could be shared. Caddle explained that these issues used to be the County’s responsibility before November 2024, and now it has become the burden of the State. Austin asked about the connections for capturing and transferring power. Dellafield said there is only one point where Duke Energy connects to power lines due to the costs and he gave a brief description of converting the power. Austin asked where the point of connection would be located. Dellafield said it would depend on Duke Energy’s approval. Austin asked if the easement would be fenced or underground. Dellafield said the easement would be underground, it would be surveyed and then recorded. Austin said there have been issues in the past where power grids have been vandalized using high-power rifles and asked what protection is put in place for that type of situation. He said they try to locate the facility off the road but they try not to install more security than necessary because this is not a major distribution for power like the substations that were vandalized and wouldn’t have much of an impact. Austin asked where the emergency access would be located on the property. Tonya Page 9 of 13 1/7/2025 said the Fire Marshal has reviewed the request with no issues and approval would have to be given before permitting. Dellafield said there are three points of access. Terrell said he would add a condition that anything filed with the State would be provided to the County as well. Cable asked if companies put up a bond with the County before it started being handled by the State. Morgan said the bond has been shifted from the County's responsibility to the State’s responsibility. Hedrick said the Unified Development Ordinance references the DEQ laws which can be used to satisfy the requirements. Nick Kirkland, Kirkland Appraisals, said there is no impact on the adjoining property owners per his professional opinion. Austin asked about the estimated increase in tax revenue and if the 1.6 million dollars would be new taxes. Dellafield answered yes and explained the calculations used to determine those values. Hedrick said the tax values used don’t seem to include the increase in property values. Dellafield said it is too hard to predict future values so they used a 2.5% increase which may be too low. Austin asked if any of the property is currently in the volunteer agriculture district. Dellafield answered yes, and they would be responsible for paying back the tax deferments as well. Davis asked if there had been any property condemnation. Dellafield answered no. Tommy Cleveland said he had completed the health and safety assessments for the project which looks at the solar and battery aspects and concluded that the project is in line with leading technology and will not have any negative health and safety impacts as it is being proposed. Cable said the request seems standard, and there have been no problems with the previous requests from this applicant. He said depending on what Duke wants regarding battery storage, they’ve stated they will work with the Fire Department. Dellafield said they have been working on outreach training for the fire team because battery storage is somewhat of a newer element to the solar facilities. Austin asked if the property would be seeded before panel installation. Dellafield said it would depend on the soil. He said they normally move topsoil for grading and replace the topsoil before seeding. Pell asked if there were any additional questions from the Board. Page 10 of 13 1/7/2025 Morgan said that Kirkland and Cleveland’s reports are part of the binders given to the Board and provided to the Clerk. Amy Chrisman, daughter of one of the property owners, said she lost her father in November, after having a long illness. She said her mother kept him at home and used all their savings to do so. She said they feel this is a way for her mother to be able to stay in her family home. Julie Burch, said they don’t want to get rid of their farm, they are unable to run the farm, and this is a way for her and her sister to preserve their parent's and grandparents' legacy. Albert Caviness said he is a retired Air Force veteran, said he has been spying on the applicants for six months, and is proud to say he is in favor of the request. He said he hopes the environment will not be affected and according to their experts, it will not. He asked about the pond on the solar site. Morgan said he would have the applicant address the question in just a moment. Mr. Caviness asked how the property owners nearby would be notified about the construction site and how they would be affected. Morgan explained this was the public meeting regarding the site, and the two informational meetings provided to the neighboring properties. Austin said there were signs posted in multiple places for the meeting as well. Christina Anderson, 7244 Ferguson Rd., said most of her concerns have been addressed tonight. She asked about access to Ferguson Rd and what impact construction will have on that access. She also asked in the event of decommissioning, would the property revert to agricultural use. Morgan asked Dellafield if he could address the questions that had been asked about the water source on the property. Dellafield said the two ponds on the property will be maintained and preserved. He said these facilities do not need water to operate unless the panels need to be washed or water the lawn. Dellafield said the primary entrances for the facility would be Whites Chapel Rd and Low Bridge Rd, and all the driveway entrances would require permitting through NCDOT, and they will decide if steps need to be taken for continued safety. Morgan said the property is a conditional use request and no longer used as a solar farm, someone would have to come before the Board with a new request to change the use. Cable asked how long it would take to decommission the facility. Dellafield said it would take approximately six to seven months for a facility of this size. Page 11 of 13 1/7/2025 Pell asked if there were any additional questions from the Board. Morgan said we would need to wait for Terrell to sign an updated application with the new conditions before a decision. Terrell reviewed and signed a new application. Pell announced a five-minute recess which resumed at 7:54 pm. Pell closed the public hearing. Cable said the Board has considered quite a few solar facilities and this request seems like a good plan, He said there were questions about safety and concerns about the environment which have been addressed. He expressed his appreciation for working with the families, trying to keep their family farms. He said this seems like a good project and all the boxes have been checked. Hedrick said the binder provided to the Board that will be part of the Minutes was fantastic, which has addressed all the concerns as well as the items that are required from our Unified Development Ordinance, which is greatly appreciated. Austin said he has concerns about the loss of agricultural property due to these projects. He said he appreciates the position of the families and the hard work it takes to maintain a farm. He also said he doesn’t want to see these types of projects take over our agricultural land. Beeson said we need to always consider what draws people to our County, which is the scenic corridor, and the rolling hills. He commended the applicants on their presentation, taking buffers into account. He agreed that he hates losing agricultural land. On the motion of Cable, seconded by Hedrick, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. REZONING REQUEST #2024-00022046 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by SKYE EQUIPMENT, Asheboro, NC, and their request to amend the Conditional District Permit on 7.83 acres at 5175 NC Hwy 49 S, Concord Township, Tax ID #7618281985, Secondary Growth Area, LI-CD - Light Industrial - Conditional District. The proposed amendment to the Conditional Zoning District would specifically allow for wholesale/retail sales and rentals of heavy equipment and on-road trucks including a repair garage. Property Owner: ACBC, LLC. Caddle presented the last rezoning case of the night, the request of Skye Equipment, Asheboro, NC. Page 12 of 13 1/7/2025 Pell opened the public hearing. Jeff Branson, the applicant, said that he wanted to change the conditions to be able to buy equipment and that he would obtain a dealer's license from the State. Pell asked if there were any questions from the Planning Board. Hearing none, Pell closed the public hearing. On the motion of Davis, seconded by Beeson, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. REQUIRED UPDATES TO THE RANDOLPH COUNTY WATERSHED PROTECTION ORDINANCE Updates to the Randolph County Watershed Protection Ordinance are required due to changes made by the North Carolina Environmental Management Commission. These changes are necessary to keep the Randolph County Unified Development Ordinance, Article 800: Watershed Protection Ordinance compliant. Caddle presented the updates to the Randolph County Watershed Protection Ordinance. She stated that the State agencies had reviewed the Ordinance and it needs some changes to clarify the rules. Cable stated that Caddle described the changes clearly and that staff had worked on the updates for several months. On the motion of Cable, seconded by Thompson, with a vote of 7-0, the Planning Board voted to recommend approval by the Board of County Commissioners. 7. Update from the Planning Director. There were no updates from the Planning Director. 8. Adjournment. Pell stated that Thompson is now a regular member of the Planning Board and that he wanted to thank the Planning staff for all of their hard work. Pell also introduced the new alternate member, Nick Mooney, from the Ramseur area. At 8:14 p.m. on motion of Cable, seconded by Hedrick, the Board voted 7-0 to adjourn. Page 13 of 13 1/7/2025 Chairman Clerk to the Planning Board Approved by Randolph County Planning Board March 4, 2025 Exhibit #1