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05MayPB Planning Board May 6, 2025 Page 1 of 2 RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 RANDOLPH COUNTY PLANNING BOARD AGENDA MAY 6, 2025 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 May 6, 2025, Planning Board meeting. ● Approval of the minutes from the April 8, 2025, 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 #2025-00022011 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by JUSTIN TAYLOR, Asheboro, NC, and their request to obtain a Special Use Permit at 580 Roman Rd, Grant Township, Tax ID #7771419422, 5.43 acres, RR-CD - Residential Restricted - Conditional District. The applicant desires to obtain a Special Use Permit to specifically allow automotive, recreational vehicle, and equipment sales, including on and off-road vehicles and utility equipment trailers/campers. REZONING REQUEST #2025-00022010 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by AMELIA F. DAVIS, Randleman, NC, and their request to rezone 5.14 acres out of 18.91 acres on the corner of Page 1 of 40 Planning Board May 6, 2025 Page 2 of 2 US Hwy 311 and Farlow Ln, New Market Township, Randleman Lake Protected Area Watershed, Tax ID #7736750315, Primary Growth Area and Secondary Growth Area from RA - Residential Agricultural District to CVOE- CD - Conventional Subdivision Overlay Exclusive – Conditional District. The proposed Conditional Zoning District would specifically allow a new lot to be created out of the existing parcel from a previous subdivision for a site-built home as per the site plan. RESOLUTION ON PENDING LEGISLATIVE CHANGES Consider resolution against pending legislative changes in the North Carolina General Assembly. 7. Update from the Interim Planning Director/Assistant County Manager. 8. Adjournment. Page 2 of 40 DR A F T Page 1 of 5 4/8/2025 April 8, 2025 1.Call to Order of the Randolph County Planning Board. There was a meeting of the Randolph County Planning Board on April 8, 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, and Susan Thompson were present. Alternate members Nicholas Mooney and Steven Maness were also present for the meeting. Assistant County Manager William Johnson was present and County Attorney Ben Morgan was also present, along with County Planning staff members Kayla Brown, Melissa Burkhart, David Harris, Cory Hartsoe, Kim Heinzer, Tim Mangum, and Janet Moreno. 3.Consent Agenda: ●Approval of agenda for the April 8, 2025, Planning Board meeting. ●Approval of the minutes from the March 4, 2025, Planning Board meeting. On the motion of Cable, seconded by Austin, 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. REZONING REQUEST #2025-00022008 Page 3 of 40 DR A F T Page 2 of 5 4/8/2025 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by PATRICIA WOOD, Ramseur, NC, and their request to rezone 5.06 acres out of 9.70 acres at 951 Wright Country Rd, Columbia Township, Tax ID #8723151874, Secondary Growth Area, from RE-CD - Residential Exclusive - Conditional District to RLOE-CD - Rural Lot Subdivision Overlay Exclusive - Conditional District. The proposed Conditional Zoning District would specifically allow one new lot to be created in an existing subdivision as per the site plan. Johnson called for the first case of the night, the rezoning request of PATRICIA WOOD at 951 Wright Country Rd, along with the site plans and pictures. Pell opened the public hearing. Patricia Wood, 951 Wright Ctry Rd, Ramseur, rose to address the Planning Board. Wood stated that her daughter wants to move closer to help with her husband, who is disabled. Wood said that they would be leaving the property to the daughter when they died and that the daughter wanted to build a house. Morgan asked if Wood would be installing a new driveway and Wood pointed to the area on the site plan that would be the access to the property and that no easement would be needed. Pell asked if there were any questions from the Planning Board. Beeson stated that the proposal meets the requirements of the Randolph County Unified Development Ordinance since the property was five acres and did not have one hundred feet of State road frontage. Pell asked if there were other questions from the Planning Board. Pell asked if there was anyone else that wanted to speak on the request. Hearing none, Pell closed the public hearing. Board members talked about minimum lot size requirements and the size of the access along Wright Country Rd. Cable said that he was glad that Wood would have someone to help with her husband. On the motion of Beeson, 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 #2025-00022009 Page 4 of 40 DR A F T Page 3 of 5 4/8/2025 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by DONNA S. KILBY, Asheboro, NC, and their request to rezone 1.80 acres at 4698 and 4684 US Hwy 220 Business S, Cedar Grove Township, Tax ID #7658470664, Primary Growth Area, from RR - Residential Restricted District and RA - Residential Agricultural District to CC-CD - Community Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow an existing residence to be converted into offices and the existing business to become compliant with the Randolph County Unified Development Ordinance. Johnson called for the last case of the night, the rezoning request of DONNA S. KILBY at 4698 and 4684 US Hwy 220 Bus S, along with the site plans and pictures. Pell opened the public hearing. Donna S Kilby addressed the Planning Board regarding the request and that they are trying to make the home the offices for D-Blaze and the business has been on the property for over fifty years. Kilby stated that the home is where the business started, and she wanted to honor the men that started the business. Pell asked if there were any questions from the Planning Board. Davis asked how long the business had been at the site and Kilby stated it had been there for fifty-three years. Davis asked if there were any plans for the expansion of the business and Kilby stated that she did not know at this time and her current plans would be to give the staff more office and meeting space. Davis asked if the business would be doing any maintenance work and Kilby said the request would just be for offices and that the maintenance would stay at the same location. Davis asked about the neighbors and Kilby said that she had received no complaints. Cable asked about the business hours and Kilby said the hours would be 8:00 am to 5:00 pm, Monday through Thursday, and 8:00 am to 4:00 pm on Friday. Morgan asked Kilby how she knew to come to the Board for the rezoning. Kilby stated that she wanted to get compliant with zoning and by getting the property zoned commercial, the business would be able to save over $200.00 on postage and shipping costs with the property being zoned commercial. Beeson said that this is a pre-existing business and they were just trying to get the property compliant. Page 5 of 40 DR A F T Page 4 of 5 4/8/2025 Austin asked if there would be any modifications to the building and Kilby stated that no modifications were needed. Pell asked if there were any questions from the Planning Board. Emily Needham, 4676 US Hwy 220 Bus S, rose to address the Planning Board and stated that she had lived adjacent to the site for several years and there had never been any problems and she was in total support of this family business. Pell asked if there were any other questions from the Planning Board. Hedrick asked about a fence along the driveway. Pell asked if there was anyone else that wanted to speak on the request. Hearing none, Pell closed the public hearing. Cable asked if the Planning Board could waive the requirement for the buffer and Morgan answered that the Board could not waive the requirement as it exists. On the motion of Cable, seconded by Davis, with a vote of 7-0, the Planning Board voted to approve the request with the motions contained in the Planning Board packet. RANDOLPH COUNTY U.D.O. UPDATES 2024 North Carolina Legislative Updates and Text Amendments to the Randolph County Unified Development Ordinance. Johnson presented the Planning Board with information about the required legislative changes to the Randolph County Unified Development Ordinance. Johnson told the Planning Board that these changes are mandated by the State and he gave a brief overview of changes. Pell opened the public hearing. Austin asked about the change of "water and sewer" being changed to "utilities" and if this change would also impact other utilities. The planning staff answered that it would depend on the specific general statute that covered the specific item. Hedrick asked about removing the requirement of a CVS file and a DWG file. The planning staff stated that the information was already on the plat but requested the information to make it easier for the analysis required as part of the Development Impact Analysis. Cable said that he feels good about this change as long as the information is on the plat. Page 6 of 40 DR A F T Page 5 of 5 4/8/2025 Pell asked if there were any questions or concerns on the proposed changes. Pell asked if there was anyone else that wanted to speak on the proposed changes. Hearing none, Pell closed the public hearing. On the motion of Cable, seconded by Austin, with a vote of 7-0, the Planning Board voted to recommend approval of the legislative updates to the Randolph County Unified Development Ordinance to the Randolph County Board of Commissioners. 7. Update from the Interim Planning Director. Johnson informed the Planning Board about pending legislation but they could expect an e-mail later this week and it is possible that the Planning Board would be asked to consider a resolution to oppose some of the specific changes. Cable stated that there were 250 bills filed in the Senate and 1,000 bills filed on the last day of the House before the deadline. Pell welcomed Steven Maness to the Planning Board. 8. Adjournment. Having no further business, on the motion of Davis, seconded by Austin, the Planning Board voted 7-0 to adjourn at 6:37 pm. ________________________________ Chairman ________________________________ Clerk to the Planning Board Page 7 of 40 CASE SUMMARY FOR SPECIAL USE REQUEST #2025-00022011 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by JUSTIN TAYLOR, Asheboro, NC, and their request to obtain a Special Use Permit at 580 Roman Rd, Grant Township, Tax ID #7771419422, 5.43 acres, RR-CD - Residential Restricted - Conditional District. The applicant desires to obtain a Special Use Permit to specifically allow automotive, recreational vehicle and equipment sales including on and off road vehicles and utility equipment trailers/campers. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. Page 8 of 40 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 9 of 40 COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - Asheboro NC 27204 SPECIAL USE PERMIT APPLICATION PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RR-CD-RESIDENTIAL RESTRICTED CONDITIONAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO 3710777100JFlood Plane Map #: Total Permit Fee: $250.00 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: AUTOMOTIVE RECREATIONAL VEHICLE AND EQUIPMENT SALES INCLUDING ON AND OFF ROAD VEHICLES AND UTILITY EQUIPMENT TRAILERS/CAMPERS. Signature of Applicant: Eric Martin Authorized County Official Applicant: TAYLOR, JUSTIN RYAN (TAYLOR, JERRY JR. City, St. Zip: ASHEBORO, NC 27205 Address: 580 ROMAN RD Owner: TAYLOR, JUSTIN RYAN Address: 580 ROMAN RD City, St. Zip: ASHEBORO, NC 27205 Permit #: 2025-00022011 Parcel #: 7771419422 Date: 04/04/2025 Location Address: 580 ROMAN RD ASHEBORO, NC 27205 Permit Type Code: PZ 3 CONTACT NAME:TAYLOR, JUSTIN Contact Phone:336 402-7731 THREE LAKESPT 5 Acreage: Township:5.4300 09 - GRANT Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6555 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov Page 10 of 40 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-000220011 Taylor Special Use Request BALSAM ST CR A I G S T LUCK RD R OMAN RD US H W Y 6 4 RA RR-CD 1 inch equals 400 feetThis property is located in a Secondary Growth Area. Page 11 of 40 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022011 Taylor Special Use Request R OMAN RD US H W Y 6 4 1 inch equals 209 feetThis property is located in a Secondary Growth Area. Page 12 of 40 Page 13 of 40 EXIST I N G COND I T I O N A L USE PERM I T Page 14 of 40 EXIST I N G COND I T I O N A L USE PERM I T Page 15 of 40 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: 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; The use meets all required conditions and specifications as outlined in lhe Randolph County Unified Development Ordinance; The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 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. ln 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. 2 4 COUNTY OF RANDOLPH SPECIAL USE PERTIT REIIINDERS 1 Page 16 of 40 COUNTY OF RANDOLPH ORDER APPROVING SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY JUSTIN TAYLOR SPECIAL USE REQUEST #2025-00022011 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on May 6, 2025, 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 580 Roman Rd for the purpose indicated is hereby Choose the decision., subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD Choose the decision. THE APPLICATION FOR A SPECIAL USE PERMIT FOR JUSTIN TAYLOR 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 17 of 40 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 May 6, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 18 of 40 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 19 of 40 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 20 of 40 Technical Review Committee Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2025-00022010 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by AMELIA F. DAVIS, Randleman, NC, and their request to rezone 5.14-acres out of 18.91-acres on the corner of US Hwy 311 and Farlow Ln, New Market Township, Randleman Lake Protected Area Watershed, Tax ID #7736750315, Primary Growth Area and Secondary Growth Area from RA - Residential Agricultural District to CVOE-CD - Conventional Subdivision Overlay Exclusive – Conditional District. The proposed Conditional Zoning District would specifically allow a new lot to be created out of the existing parcel from a previous subdivision for a site built home as per the site plan. GENERAL INFORMATION Property Owner: P Keith Davis and Amelia F Davis Hearing Type: Legislative Small Area Plan: None Flood Plain Overlay: None Airport Overlay: None Existing Use: Vacant SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Vacant South RA - Residential Agricultural District Residential-Single family East HI-CD - Heavy Industrial - Conditional District Industrial and Commercial West RA - Residential Residential-Single family Page 21 of 40 Technical Review Committee Report and Map Amendment Evaluation Page 2 of 4 Agricultural District TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation (NCDOT): No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: The existing 18.91 acres are part of a rezoning request approved in June 2023 to allow a 5.03-acre lot to be cut out of 23.94 acres, which at that time were part of an existing subdivision. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 614 (ex. Fencing, buffers, etc.): CVO: CONVENTIONAL SUBDIVISION OVERLAY DISTRICT The Conventional Subdivision Overlay District has been established to accommodate single-family residential subdivisions with four or more owner-occupied lots created for sale or building development. This district is predominantly residential and suburban where current water and sewer needs are met primarily by individual wells and septic systems. Some public infrastructure may be available in the future. Housing characteristics within the CVO district will be designated Exclusive (CVOE), Restricted (CVOR), or Mixed (CVOM), in conformance with other major subdivision zoning districts. The Conventional Subdivision Overlay District is designed for those areas of Randolph County where the requirement of such an Overlay District can help achieve the policies and objectives of the Randolph County Growth Management Plan. This district is specifically designed for Primary Growth Areas and Secondary Growth Areas as reflected in the Randolph County Growth Management Plan. (1) PURPOSE AND USES PERMITTED The Conventional Subdivision Overlay District shall be considered as an overlay district to the existing zoning districts. 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) CONVENTIONAL SUBDIVISION STANDARDS Page 22 of 40 Technical Review Committee Report and Map Amendment Evaluation Page 3 of 4 (a) All standards as required by the land development regulations contained within this Ordinance. (b) Minimum lot sizes as specified by this Ordinance. Lot sizes may be increased as required by soils and other factors particular to the location. (c) Designed under the policies and guidelines outlined in the comprehensive land-use plan. (d) Subdivision layout and use of land will assure safe and convenient circulation patterns while minimizing the impacts on the established residential areas. (e) 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. (3) SITING ON PUBLIC ROADWAYS Conventional subdivisions shall be designed to minimize the number of private driveway connections to existing public roads. 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 2.5: The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: The proposal is for a 5.14-acre lot to be divided from an 18.91- acre parcel. Other lots for family members have been cut from the parcel over the years. Page 23 of 40 Technical Review Committee Report and Map Amendment Evaluation Page 4 of 4 Most of the residences in the area are site-built homes. This proposal, if approved, would protect the existing neighborhood by allowing for compatible housing characteristics. Policy 6.4: New driveway connections should be designed in a way to minimize new locations on existing public roads. Consistency Analysis: This proposal will use an existing, established drive from US Hwy 311 and will thereby maintain the safety of the traveling public. 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. 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 24 of 40 COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - Asheboro NC 27204 APPLICATION FOR ZONING CHANGE PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: RANDLEMAN LAKE WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710773600J Growth Management Areas:PRIMARY GROWTH AREA Growth Management Areas:SECONDARY GROWTH AREA Flood Plane Map #: Total Permit Fee: $250.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph County Zoning Ordinance. Area To Be Rezoned: 5.1400 Lot Size Indicator: ACRE(S) Proposed Zoning District: CVOE-CD-CONVENTIONAL SUBDIVISION OVERLAY EXCLUSIVE CONDITIONAL DISTRICT Proposed Growth Mgmt Change: Proposed Use(S): TO CREATE A NEW 5.14 ACRE LOT OUT OF 18.91 ACRES FOR A HOMESITE. Condition(S): Applicant: DAVIS, AMELIA F. City, St. Zip: RANDLEMAN, NC 27317 Address: 5834 DAVIS COUNTRY RD. Owner: DAVIS, P KEITH Address: 5834 DAVIS COUNTRY RD City, St. Zip: RANDLEMAN, NC 27317 Permit #: 2025-00022010 Parcel #: 7736750315 Date: 03/28/2025 Location Address: Permit Type Code: PZ 2 CONTACT NAME:HOHN, ALLIE Contact Phone:336 963-4698 Acreage: Township:18.9100 13 - NEW MARKET Subdivsion: Lot number: Eric Martin 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 Page 25 of 40 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022010 Davis Zoning Change Request F A R L O W L N U S H W Y 3 1 1 HOG SLIDE RD CVOE-CD RA LI-CD HC HI-CD LI 1 inch equals 457 feetThis property is located in the Randleman Lake Watershed Area and a Primary Growth Area. Page 26 of 40 ± The information contained in this map comes from the best available public data sources. Users should consult the primary data source. Application # 2025-00022010 Davis Zoning Change Request F A R L O W L N HOG SLIDE RD U S H W Y 3 1 1 1 inch equals 400 feetThis property is located in the Randleman Lake Watershed Area and a Primary Growth Area. Page 27 of 40 Page 28 of 40 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY AMELIA F. DAVIS REZONING REQUEST #2025-00022010 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 CVOE-CD - Conventional Subdivision Overlay Exclusive - Conditional District as described in the application of Amelia F. Davis are consistent with the Randolph County Unified Development Ordinance and the 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 and Secondary Growth Area which generally lie along major transportation corridors and have access to urban services. This parcel is along US Hwy 311 which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 2.5: The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: The proposal is for a 5.14-acre lot to be divided from an 18.91-acre parcel. Other lots for family members have been cut from the parcel over the years. Most of the residences in the area are site-built homes. This proposal, if approved, would protect the existing neighborhood by allowing for compatible housing characteristics. Page 29 of 40 Policy 6.4: New driveway connections should be designed in a way to minimize new locations on existing public roads. Consistency Analysis: This proposal will use an existing, established drive from US Hwy 311 and will thereby maintain the safety of the traveling public. 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 May 6, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 30 of 40 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY AMELIS F. DAVIS WHEREAS, a 5.14-acre parcel out of the existing 18.91-acre parcel, having the Randolph County Parcel Identification Number of 7736750315 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 May 6, 2025, to consider the proposed rezoning on application number 2025- 00022010, 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 CVOE-CD - Conventional Subdivision Overlay Exclusive - 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 May 6, 2025. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 31 of 40 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 32 of 40 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 33 of 40 Randolph County Administration 725 McDowell Road Asheboro, North Carolina 27205 www.randolphcountync.gov MEMORANDUM To: Randolph County Planning and Zoning Board From: William Johnson Date: April 23, 2025 Subject: Resolution Opposing Senate SB 495,497,499, 688 The North Carolina General Assembly is considering several bills that could significantly impact local governance and autonomy. These bills could limit the ability of Randolph County and it’s municipalities in planning for future growth and preserving our unique geographical characteristics. Collectively these bills represent a move towards increased state control over land use and zoning matters, potentially eroding the County’s autonomy. The proposed resolution opposes these legislative actions to preserve local governance, maintain community character, and safeguard that development aligns with the needs of Randolph County and its residents. Page 34 of 40 2025 Legislative Summary Page 1 of 4 May 6, 2025 RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 M E M O R A N D U M TO: Randolph County Planning Board FROM: Randolph County Planning Staf DATE: May 6, 2025 SUBJECT: 2025 Legislation Summary The Planning Staff was recently made aware of several bills moving through the North Carolina General Assembly that have caused concern in the planning community. Below is a summary of several bills that have caused the most concern. The information below comes from the UNC School of Government Legislative Reporting Service. S495: Enacts new GS 160D-917 requiring local governments to allow at least one accessory dwelling that conforms to the North Carolina Residential Code for One- and Two-Family Dwellings for each single-family detached dwelling in areas zoned for residential use that allow for development of single-family detached dwellings. Defines accessory dwelling unit as an attached or detached residential structure that is used in connection with, or that is an accessory to, a primary single-family detached dwelling and that has less total square footage than the primary single-family detached dwelling. Allows the accessory dwelling unit to be built or sited concurrently or after the primary detached dwelling has been constructed or sited. Prohibits a local government from taking six specified actions when permitting accessory dwelling units, including requiring placement in a conditional zoning district, establishing minimum parking requirements or parking restrictions, or setting a maximum unit size of less than 800 square feet. Sets out what a local government can do concerning setbacks, and unit location requirements, and size. Specifies that the statute does not apply to: (1) the validity or enforceability of private covenants or other contractual agreements among property owners related to dwelling type restrictions; (2) properties located in a historic preservation district established pursuant to Part 4 of this Article; (3) properties designated as a National Historic Landmark by the US Department of Interior; or (4) an accessory dwelling unit that is not connected to water and sewer. Applies to applications for accessory dwelling unit permits submitted on or after October 1, 2025. Page 35 of 40 2025 Legislative Summary Page 2 of 4 May 6, 2025 Specifies that a local government that has enacted an ordinance meeting the requirements of this act and GS 160D-917, is not required to adopt a new ordinance. Requires local governments to adopt development regulations to implement the provisions in this act by January 1, 2027; if they fail to do so, accessory dwelling units will be allowed in that local government without any limitations. Staff Summary: This bill would require the County to allow “accessory dwelling units” to be placed in any residential districts in the County. The bill does not currently contain any lot size requirements as contained in the Randolph County Unified Development Ordinance or lot sizes as required by the Watershed Protection Ordinance. If passed, there could be a primary residence and an “accessory dwelling unit” on any size parcel. S497: Enacts GS 160D-707 providing as follows. Defines middle housing to mean buildings that are compatible in scale, form, and character with single-family houses and contain two or more attached, detached, stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, and townhouses. Defines eight other terms. Mandates that local governments allow all middle housing types in areas zoned for residential use, including those that allow for the development of detached single-family dwellings. Permits local governments to regulate middle housing pursuant to state law so long as any regulations do not act to discourage development of middle housing types through unreasonable costs or delay through zoning, development, siting, or design review standards that restrict middle housing types to less than three stories, or a floor area ratio of less than one. Requires application of the same permit and review processes applicable to detached single-family dwellings to middle housing. Specifies the statute's scope and impact on single-family dwelling permitting, and private property agreements. Makes regulations enacted thereunder inapplicable to an area designated as a local historic district as described. Limits the scope of the statute to areas that are served, or by extension may be served, by a local government water system, a local government sewer system, a public water system, or a described wastewater collection or treatment works. Lists seven issues that a local government is barred from regulating related with regards to middle housing, including prohibiting the use of any dwelling units on an affected lot as a long-term rental, requiring the installation of fire sprinklers, and restricting the ability of the owner to determine the size and location of parking spaces. Requires local governments to consider ways to increase middle housing affordability when adopting regulations or amending comprehensive plans under the statute such as waivers or deferrals of system development fees, dedication of recreation areas or open space, or transportation improvements or street construction. Makes the statute applicable and effective 18 months after the date the act becomes law. Provides that all middle housing types described will be allowed in any area or district zoned for residential use, without limitation, if a local government fails to adopt development regulations pursuant to the statute's authority. Deems void any provision of an instrument recorded on or after the date the statute becomes effective affecting real property that allows the development of a single-family dwelling but prohibits the development of middle housing or an accessory dwelling unit. Staff Summary: This bill would require the County to allow “middle housing/affordable housing,” specifically “single-family houses and contain two or more attached, detached, Page 36 of 40 2025 Legislative Summary Page 3 of 4 May 6, 2025 stacked, or clustered homes including duplexes, triplexes, fourplexes, fiveplexes, sixplexes, and townhouses” to be allowed anywhere in the County that is zoned for residential purposes. If passed, existing subdivisions like Woodfield Areas or Farmwood subdivision to have duplexes, fourplexes, fiveplexes or sixplexes, etc. placed in the subdivision. S499: Creates new GS 160D-707 (Residential development allowed in all commercial zones), which allows residential construction by right in any area or district zoned for commercial, office, or retail use, including the conversion of a building or portion of a building from commercial to residential use. Clarifies that the statute does not supersede or diminish any building or fire code or other public health and safety regulations. Effective October 1, 2025. Staff Summary: This bill would allow single-family residences to be constructed in any zoning district—residential or commercial—regardless of the zoning classification. An example could be building houses around the Toyota Battery Manufacturing Plant by right. S688: Limits the authority of local governments to exercise planning, zoning, and development regulation to the authority expressly authorized in statute by repealing GS 160D-101 subsection (d), and adopting new subsection (e). Effective and applicable to ordinances in effect on or adopted after January 1, 2026, making any ordinances inconsistent with the law void and unenforceable. Amends GS 160D-702 (Grant of power) to clarify that except as expressly provided, local governments may not apply regulations prohibited by the section to any zoning or conditional district. Prohibits development regulations from setting a minimum width or length of structures regulated under the North Carolina Residential Code, making parking space requirements except as required by the ADA, specifying the minimum width, length, or square footage of driveways in a development unless they abut a public road, and requiring design standards for roads within a development in excess of Department of Transportation standards unless the city is accepting ownership and maintenance responsibility for the road in subsection (c). Requires that zoning regulations in a city of 150,000 or more allow five dwellings or more per acre in areas zoned for residential use; for cities 149,999 or less, requires no fewer than four dwellings per acre, and makes bona fide farm use an exemption to these requirements. Specifies that a local government must use quasi-judicial procedures to adopt a zoning or development regulation authorized by the statute. Effective and applicable to ordinances in effect on or adopted after July 1, 2025, making any ordinances inconsistent with the law void and unenforceable. Amends GS 160D-703(b), prohibiting a local government from mandating as a condition for approval of a conditional district (1) any requirement not specifically authorized by law, or any requirement that the courts have held to be unenforceable if imposed directly by the local government, or (2) any offer from the petitioner to consent to requirements not authorized by law. Requires a local government to use quasi-judicial procedures to adopt a zoning or development regulation authorized by the statute. Page 37 of 40 2025 Legislative Summary Page 4 of 4 May 6, 2025 Adds “conditional use permits” to the list of appeals requiring quasi-judicial procedures in GS 160D-406(a). Expands the scope of actions where a party may obtain attorneys’ fees under GS 6-21.7 to include where a court finds that a city or county’s actions were arbitrary and capricious. Adds new subsection (b), specifying that when a local elected official is a party, if a court finds that the official’s act was “fraudulent, unlawful, arbitrary and capricious, beyond the scope of his or her statutory authority, or malicious or corrupt,” the official may be held personally liable for injury and damages, and attorneys’ fees are to be awarded to the other party. Specifically waives public official immunity, legislative immunity and judicial immunity. Does not hold local elected officials responsible for unlawful acts by officers and employees, unless the acts were by the authority of the local elected official or the official had knowledge of the act or should have known of the act under reasonable circumstances. Amends GS 160A-307 (Curb cut regulations) to specify that a city may only regulate to the extent authorized by GS Chapter 160D, and to require the city to show through substantial evidence the need for any required improvements is directly related to the traffic using the driveway in question. Allows a civil action for declaratory relief under GS 160D-1403.1 when a person claims a decision of a local government under GS 160D-702 or GS 160D-703 is an abuse of discretion, unlawful, arbitrary and capricious, or otherwise in excess of legal authority. Amends subsection (b) to grant standing to an association or organization of persons who otherwise qualify for standing under the statute. Creates new GS 160D-1403.3 (Private remedies), that allows a person to bring a civil action to recover damages, costs, and attorneys’ fees and obtain equitable relief for a violation of the Chapter, in addition to the other remedies available. Except for the amendments to GS 160D-702, effective January 1, 2026. Staff Summary: This bill contains items that are already in the general statutes and the Randolph County Unified Development Ordinance. The biggest change in this bill is that all rezoning decisions would become quasi-judicial where witnesses must be sworn in to testify like in a court setting. There is no information contained in the bill clarifying if the quasi-judicial hearing must rely on the four tests for approval as is currently required for quasi-judicial hearings. The link below is a tracking sheet from the North Carolina Chapter of the American Planning Association. The sheet contains links to summaries of the bills and the current status of the bills. https://docs.google.com/spreadsheets/d/1XLMnuOGurFzVuAN1qFp3D8iO6G6ITGaP/e dit?gid=789205739#gid=789205739 Page 38 of 40 Resolution on Pending Legislation May 6, 2025 Page 1 of 2 Resolution of the Randolph County Planning Board On Pending Legislation WHEREAS, several bills have been introduced in the 2025 session of the North Carolina General Assembly, namely Senate Bills 495, 497, 499, and 688 and House Bill 765, that propose significant alterations to local planning and zoning authority, thereby impacting the ability of local governments to represent the interests and will of their citizens; and WHEREAS, local governments have historically served as the primary guardians of the rights of their residents, facilitating in-person attendance and public comment on zoning decisions through established public hearing processes, thus ensuring that citizens can actively participate in matters affecting their communities; and WHEREAS, the proposed legislation would effectively mandate numerous planning and zoning decisions currently under local jurisdiction, diminishing the community's authority to uphold public health, safety, and welfare; and WHEREAS, Senate Bill 495 introduces provisions that may further constrain local government’s capacity to implement zoning regulations tailored to their unique community needs; and WHEREAS, Senate Bill 497 creates a new category identified as “middle housing,” which would require the County to permit duplexes, triplexes, quadplexes, and townhouse units in single-family residential districts without public hearings and without consideration of the potential impact on neighboring property values; and WHEREAS, Senate Bill 499 proposes additional changes that could undermine local government's ability to enforce zoning ordinances designed to reflect the specific character and preferences of their communities; and WHEREAS, Senate Bill 688 proposes shifting from a legislative to a quasi-judicial public hearing process, thereby severely restricting citizens’ ability to participate in planning and zoning decisions; and WHEREAS, Chapter 160D of the North Carolina General Statutes mandates comprehensive planning and zoning, a framework that would be severely compromised by the passage of these bills, thus eroding citizen input and trust; and WHEREAS, local governments, with the active participation of their citizens, are best positioned to recognize and enforce the need for planning and zoning ordinances that reflect local values and priorities; and Page 39 of 40 Resolution on Pending Legislation May 6, 2025 Page 2 of 2 WHEREAS, the Randolph County Planning Board firmly believes that local governments are best suited to represent their citizens on local matters and should retain the authority to decide planning and zoning issues with the direct involvement of their residents; NOW, THEREFORE, BE IT RESOLVED, that the Randolph County Planning Board formally opposes Senate Bills 495, 497, 499, 688, and House Bill 765 and urges the North Carolina General Assembly to preserve the authority of local governments in planning and zoning decisions, ensuring that such determinations continue to reflect the will and best interests of local communities. NOW, THEREFORE BE IT FURTHER RESOLVED that copies of this resolution are sent to our legislative delegation and the leadership of the North Carolina General Assembly to stop the specified bills from becoming law. Adopted this on the sixth day of May 2025. _______________________________ Chair, Randolph County Planning Board _______________________________ Clerk to the Board Page 40 of 40