BKM excerptCounty, the County will "dry up." He was adamant that the Board be proactive in order to
provide jobs and so the youth will have jobs to return to in Randolph County after college. He
said this agreement was good for everyone involved but would never be perfect for everyone.
Commissioner Haywood asked if the County could use its property to bring in smaller
companies. Mr. Morgan responded that it could after the agreement had expired.
On motion of Keinp, seconded by Lanier, the Board voted 4-1, with Connnissioner Allen
opposing, to approve a multi party agreement between the NC Railroad Company, Greensboro -
Randolph Megasite Foundation, Inc., and Randolph County, as presented. (ATTACHMENT A)
Recess
At 7:56 p.m. the Board took a recess.
Regular Meeting Resumed (Reconvened)
At 8:01 p.m., the Board returned to regular session and Chairman Frye announced that the
Board would be amending the order of the agenda to hear the rezoning cases beginning with the
request of BKM Randolph, LLC, to be courteous of time since there are a large number of
families attending with children.
Rezoning Public Hearing & Action
At 8:02 p.m., the Board entered into a duly advertised public hearing to consider rezoning
requests. Jay Dale, Planning Director, presented the following requests and Chairman Frye
opened the public hearing for comments and closed each before taking action.
BKM RANDOLPH, LLC., Asheboro, North Carolina, (Zoo City Motor Sport Park) is
requesting to amend the Conditional Zoning District located at 279 Joe Farlow Road, on 25.02
acres, Richland Township, Primary Growth Area, Zoning District HI -CD. Tax ID4 7666058421.
The proposed Conditional Zoning District would specifically allow the property to be used as a
motor sports facility and outdoor physical fitness events as per site plan. The Planning Board
reviewed this request at public meeting on February 16, 2016, and recommended, by a vote of 4
to 2, that this request be denied. The Planning Board found the following policies within the
2009 Growth Management Plan that support determination of consistency with the adopted plan
with this recommendation are:
Policv L I Sustainable economic development, environmental protection, and quality of life,
shall be pursued together as mutually supporting public policy goals.
policy 3.2 Heavy industrial sites should be separated fi^oin nonindustrial areas by natural
features, green belts and/or other suitable means.
Mr. Dale stated that trail bikes are currently used on the track. They are now requesting the
additional use of ATVs, UTVs, and go-carts. They have also asked to be allowed to host fitness
events and other special events such as Fourth of July fireworks or a haunted trail. He said they
have planned to add restroom facilities. He advised that the applicant has made changes to their
application since the Planning Board hearing. Tractor pulls, truck pulls, mud bogs, and
demolition derby events have been removed and would not be allowed. Notices were sent to
adjoining property owners.
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Chairman Frye asked Mr. Dale if he thought those changes would have made any difference
if they had been removed at the Planning hearing. Mr. Dale responded that he couldn't speak for
the Planning Board but thought that it could have made a difference based on questions and
comments by the Planning Board and public.
Chairman Frye asked County Attorney Ben Morgan to elaborate on the Planning Board
actions. Mr. Morgan said this request was not a brand new request but was a request to amend
the current conditions. He said if it was not approved, the existing zoning conditions established
in 2008 would remain.
Chairman Frye asked Attorney Morgan if Commissioners decided to deny the request would
their actions close the facility. Mr. Morgan said it would not, but Mr. Maness would have to
elaborate on what was meant by statements in emails and on social media that the facility would
be forced to close. The application before the Board was an expansion of existing conditions.
Chairman Frye stated that he felt the applicant made the request for changes based on complaints
about the way the facility was currently being used. Mr. Dale said that the mission grew bigger
than the initial plan and that Mr. Maness wanted to continue what he's been doing by amending
the application. Chairman Frye and Mr. Dale agreed that the facility is successful and has grown
beyond expectations.
David Puryear, 5501-E Adams Farm Lane, Greensboro, Attorney representing BKM
Randolph, LLC, spoke about the request of the Maness'. He said the Maness' have lost many
opportunities to enter into contracts for events pending the outcome of this hearing. They wish
to add events that benefit the community and County economically. He restated the specific
items that were withdrawn from the application and said that only motorcycle racing events and
a few non -motorized events were being considered. He said they had not heard any complaints
about the facility until the Planning Board's public hearing. Mr. Puryear said many people
support the growth of the motor park.
He stated that declining the request would negate this successful tourism business in
Randolph County as well as possibly eliminating a place where families who enjoy riding dirt
bikes can go to spend time together. Zoo City will not be able to support the basic operation of
the track as a training facility if they cannot continue to earn money from the other type of events
that fund the expenses.
Commissioner Kemp asked if there were current plans to construct a go-cart track within the
facility. Mr. Puryear said not at this time, but they didn't want to have to come back again later
if they did decide to add events for go-cart racing.
Barry Maness, 1413 Richard Circle, Asheboro, owner of Zoo City located on Joe Farlow
Road, opened by telling the story of why he began the Zoo City facility. He was injured at an
early age while riding his dirt bike on a trail that had a cable across it. It caught him at his neck
and paralyzed a vocal cord. He wanted others to have a safe place to ride, practice, and race trail
motorcycles, so he invested $500,000 to begin this operation eight years ago. The first year they
had 8,900 visitors and over 26,000 visitors the second year. They have had a partnership with the
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Tourism Development Authority and area hotels that has led to a positive impact on tourism in
Randolph County.
He said he did not realize he was in violation of the conditions set forth in his original zoning
until November 1, 2015. He immediately contacted the County Planning staff and was advised
to apply for a new permit if he wished to host anything beyond the conditions allowed and set
forth in the original permit. He said he has hosted a tractor pull for a school fundraiser as well as
donated thousands of dollars to charities, schools and churches. Mr. Maness spoke of the
Rugged Maniac event that was held at the facility for several years and the number of people it
attracted to Randolph County from six countries and thirty eight states in the first year alone. He
also explained more about the type of events he would like to host. He said he had also been
approached by the military to host a physical fitness competition. His new application also asked
for a change to an 11 p.m. closing to allow time if an accident were to happen on the track that
delayed completion prior to 10 p.m. He said that such an incident has only happened twice in
eight years, but the events were still finished by 10:30. The area's dining options are extremely
limited so he also requested the ability to provide options for food on site.
Mr. Maness said that most who spoke against the request at the Planning hearing were not
against the activities, just the expansion of events that utilized much louder engines. In the
interest of the neighbors, he has pulled those items.
In regards to the statement of property buffers, he said there has been no cutting of trees since
he bought the property. There is an easement to the power company on one side and the
easement for I 73/74 on another side.
The Maness' feel if they have to pull back on the scope of operations to be consistent with
current zoning conditions, they would probably have to close the facility. He stated they did lose
the opportunity to negotiate for a physical competition (Navy Seals) and another family fitness
event.
Mr. Maness said the facility is family -friendly and sportsmanship is taught and expected.
Sue Snipes, 354 Scott Farm Rd., Asheboro, spoke in opposition to the request. She inquired
as to why the Maness' have not built their home on the property yet. Ms. Snipes also felt the
motorcycle events were in violation of the County's noise ordinance. She asked that the Board
consider the neighbors of the property.
Brent Trotter, 753 Moore Rd., Asheboro, said that he has worked for the Cycle Center for
over 33 years and his customers have no places to ride and have to go out of county and state to
do so. He stated that Zoo City furnishes a controlled environment for enthusiasts. Saturday
night is his family night, and he and his wife spend it at a track as the pit crew for both their
children who ride. Mr. Trotter spoke highly of Mr. Maness and emphasized that `Barry is all
about kids" especially the ones who come to the facility. The top 1500 riders in the country
qualify for a national event held at Loretta Lynn's facility and several local riders have qualified.
He said the track was already zoned heavy industrial use which accommodated industries whose
normal operations include noise and potential dust. The opposition at the Planning Board
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hearing seemed to have no problem with the way things were now but didn't want any additional
noise from specific newly requested conditional uses events, which have now been pulled from
the request. He asked that they approve the conditions allowing Zoo City to continue what
they've been doing and follow the time limits on the County's Noise Ordinance to let them
remain open until 11 p.m. for emergency situations. He said he doesn't plan to keep his children
out that late, but also understood accidents happen.
Jacob Trotter, 753 Moore Rd., Asheboro, is 13 years old and has been riding since he was
three. He spoke of their family times at the track and how much he enjoyed spending time at the
track with them and his friends on Saturday nights.
James Voncannon, 7529 Old Hwy 13, Asheboro, spoke in support and said he never hears
anything from Zoo City when outside. He said he knew the kids enjoy going there and said
Randolph County needed more events that bring business to the County to better the economy.
Tim Setzer, 481 Hwy 49 South, Asheboro, spoke in support saying he has been to the track
several times and is impressed with the spectators, participants, and the positive atmosphere for
both parents and their kids.
Jack Cleary, 340 Colonial Loop, Randleman, stated he is linked with this training facility
and one other track because of his involvement with children. He has been part of an outreach
ministry that works to prevent drug use and abuse in youth. He asked that the Board consider the
request in order to give the youth a positive family oriented environment in which to play and
grow.
Ray Kennedy, 171 Edna St., Asheboro, lives one and a half miles from the track and said he
doesn't want to close the facility and could live with the noise as it is, but not additional
operations or extensions to the site. He said he is confused about what Mr. Maness is requesting
and asked why Mr. Maness doesn't live there.
Homer Beheler, 6436 US 220 South, Asheboro, owner of Poor Boys Auto Repair and
Towing located below the facility, said he lives a mile and a half from the facility as well and
doesn't have a problem with Zoo City. The events that have been held have brought lots of
tourists to the area that have stayed and spent their money here.
Lisa Pullium, 121 Bullins Lane, Asheboro, spoke in support of the request. She said her
property abuts the facility and the noise doesn't bother her even as close as she lives. She said
she hears traffic on the interstate more than the track. She asked that the facility not have so
many stipulations that it cannot exist as it has.
Tammy O'Kelley, Executive Director of the Randolph County Tourism Development
Authority, 145-B Worth St, Asheboro, spoke in favor of Zoo City Motor Sports Park's request.
The Tourism Development Authority has been affiliated with Zoo City Motor Sports Park since
2008 when they first submitted a request for inclusion in the 2009 official visitors guide. The
facility has been featured in various TV and commercial video segments as well as print and
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digital online ads, including three years in a row on WFMY TV's "Summer Fun Guide" as a
premier outdoor motor cross attraction in the Piedmont.
She said that although Zoo City has from 3,000 to 3,500 regular local riding members,
attendance for this facility from outside the boundaries of Randolph County has steadily risen
from 8,000 visitors in 2009 to 32,648 in 2014, ranking it the eighth most visited attraction in
Randolph County in 2014.
In 2011, Mr. Maness approached the TDA about hosting the Rugged Maniac event in 2012.
In the first year of this event, there were 4,956 participants. Each participant received a visitor
guide, sports water bottle, and Premier Discount card, which included special deals and discounts
for out-of-town visitors that encourage them to purchase goods and services in the area where
they are staying. The event was hosted again in April 2013 and April 2014. The economic impact
of those three years was substantial.
Ms. O'Kelley said since she has been working with Zoo City, to her knowledge, the facility
has been open no more than 50 days per year and that is normally over weekends. This included
practice events and the Southeast MX Series event of which the Heart of NC Visitors Bureau is a
2016 sponsor. This event has submitted dates of March 26t1i, April 16 to & 23', May 7 ', 14 t', &
21st, June 11 ti', 18 �' & 25 �', July 9 �', 16 t', & 23rd, August 6', 13', & 27 th, and September 10 th
& 17 th, which were received in office in September 2015. According to their event submission
form, the gates open at 3 p.m., practice begins at 4 p.m., and the race would follow. She said
businesses sponsor Zoo City because of the clear and measurable return on investment of being
affiliated with the facility.
Ms. O'Kelley stated that the Tourism Development Authority has never been contacted by a
resident, visitor, county staff member or elected official with a complaint about excessive noise,
or notified of any violations. She said that up until November 2015, they were unaware there
were any issues with Mr. Maness' permit, which he is now seeking to rectify.
Chris Elkin, 6732 US Hwy 220 S., Asheboro, said he lives 1500 feet from the track and
asked for information about the additional events that were being considered above what they are
doing now. He wanted to know if there was a way to put a decibel limit on the noise. He said it
sounded like Zoo City is doing good things for the community and he and the neighbors may
have to put up with it for the betterment of the community.
Michael Poindexter, 6220 US Hwy 220 S., Asheboro, Pastor of the Lighthouse Baptist
Church located beside of the facility, stated in 2008, both Boards heard the request to have a
motor cross training facility on the site. He said that over time the facility has abused their rights
and has evolved from a training facility to a full-fledged motor racing facility and that there is a
difference in training and racing. He said he had contacted other training facilities and quoted
their hours and days of operation and no racing was allowed. He asked that the Board uphold
their original ruling to be a training facility only. "Neighbors are being made out to be villains,"
he stated. "You can't lose privileges you were never granted."
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Derrick Johnson, 6703 Old NC Hwy 13, Asheboro, stated that the facility is an opportunity
for kids and a place for the family to go. He said Mr. Maness has respect for the community and
doesn't hold events on Wednesday or Sunday. He stated he works two jobs so he can spend
time on the weekends with his family and his kids can practice and participate in racing.
Beth Russell, 209 Lassiter Lane, Asheboro, said she lives less than a mile away and the noise
does travel in her direction. She complained that she cannot open her windows due to the noise
and has not been able to sell her property for the same reason. If conditions are expanded, she
felt that will lessen her chances even more.
James Langley, 5320 Joel Jessup Rd., Seagrove, said his original concern was the noise from
the additional events Mr. Maness wanted to add. Since he has withdrawn those, Mr. Langley was
satisfied with the way it is being operated currently.
Audrey Maness, 6419 Hwy 220 S., Asheboro, original owner of the land, said she now lives
across the road and can hear the noise. She said she sold the property to the Maness' in good
faith that it would only be a training facility, and they would build their home there. Ms. Maness
apologized to her neighbors and said she felt they were all were deceived on the intent of use.
She said she should have complained when the racing began.
Scott Etheridge, 4305 New Hope Church, Rd., passed out a notebook with information to be
introduced into the record. (ATTACHMENT B / Sectionsl-8) Mr. Etheridge referred to these
items during the time he spoke in opposition of the request. He said that he does feel the
request would have passed at the Planning Board hearing if Mr. Maness had withdrawn the items
of concern when asked that night. He stated that no one is trying to shut the facility down but
that was the way the argument is being framed to the Board. Words have different meanings and
specific rules need to be established, defined, and followed. He said there has been no
clarification on what type of go-carts were being considered. He spoke of the initial 2008
meeting in which Mr. Maness presented a picture of the house he planned to build on the site.
Other materials presented were highlighted where referenced "training facility," the specified
buffers, and where applicant mentioned the building of a home in the request during the initial
public hearings and Mr. Etheridge discussed those. He also provided a copy of the expired
building permit in the notebook. Mr. Etheridge stated that when Mr. Trotter spoke earlier he had
stated they had been racing there for the last seven years, which meant racing began to happen
within a year after zoning for use as a training facility. He also included a racing schedule for
2016 Southeast MX Series from the Zoo City website, which were scheduled to be held there.
Mr. Etheridge asked the Board to leave the existing zoning conditions as they were
established and to enforce them.
Tom Wright, 301 N. Elm St., Greensboro, Attorney, stated he was representing Scott
Etheridge, Johnny Dorsett, and Anthony Copple. He requoted the original request and approved
conditions for the property. He then elaborated on the initial site plan characteristics which
include two areas; a trail bike course area surrounded by fence and a trail bike training area
which had a buffer. He said Mr. Maness' current application was a request to amend current
conditions to allow a motor sports facility and outdoor physical fitness events as per site plan.
3/7/2016
The site plan has changed to the entire area being identified as a motor sports competition
course, with proposed bleachers and a portable stage which, he stated, was a significant
expansion from the 2008 request.
Mr. Wright said the Planning Board packet included a list of items BMK requested in an
attachment A but the attachment was not included in the packet given to the Commissioners. On
the list: dirt bike, motocross, ATV, and UTV competitions; racing track and trails/cross country
trail; physical fitness competition; mountain bike events; seasonal events; and the items which
they have now withdrawn. He said no one was in opposition to the physical fitness or seasonal
events which generate no noise (Fourth of July, Christmas, etc.).
Mr. Wright suggested if the Board approved the request that they establish guidelines to
minimize noise, limit events to one at a time, and restrict the hours and days of motor operation.
Bruce King, 4235 New Hope Ch. Rd., spoke in opposition to the request. He said they did
not know about the facility until it opened and that it has progressively gotten worse. The sound
traveled across the interstate and said he is tired of the noise from the motorcycles and PA
system. Mr. King said the noise occurs seven days a week.
Mary Brewer, 245 Bobby Moran Dr., said it is 150 yards from the corner of her house to the
track and said the noise was unbearable. She said that the Maness' never told her about a
motorcycle track; only that they were building a home there. She then referred to the initial
report where there was a statement that the facility would be building a berm to protect the
neighbors along Bobby Moran Drive, but stated that it hasn't been built. Ms. Brewer said the
dust and fumes were a health hazard.
Brent Allen, 2555 Jimmy Scott Rd., Climax, stated this is a training facility for national
titles. Mr. Maness was trying to teach the kids to work hard, set goals and accomplish things.
Anthony Copple, 6254 US Hwy 220 S, Asheboro, stated he felt the facility was zoned
accidentally. He thought the property was to revert back to Residential Agriculture (RA) when
the asphalt plant closed. He said no one has any problem with the physical fitness events even
though there were parking problems, people walking through yards, and muddy clothes left
behind. He said they didn't complain and probably should have. They asked for the conditional
zoning to not be allowed in 2008 but were overruled and the motor bikes came.
Hearing no additional comments, the public hearing was closed at 10:29 p.m.
Chairman Frye said he felt they need clarification on the request.
Commissioner Kemp stated he felt this request should go back to the Planning Board after
parties have worked together to refine the request for something agreeable.
Chairman Frye stated the lack of understanding and enforcement of the original zoning
combined with the success of the facility has brought about this request and asked Mr. Dale to
work with the applicant and opposing neighbors on something they can agree on so the Planning
3/7/2016
Board and Commissioners have clarification of the request and conditions.
On motion of Kemp, seconded by Lanier, the Board voted unanimously to revert the request
of BKM Randolph, LLC, back to the County Planning Boardfor clarification of the conditional
uses to be imposed.
CLIMAX SOLAR PROJECT, LLC., Carrboro, North Carolina, is requesting that 48.07
acres located on NC Hwy 22 North (approximately 500 ft. north of Old Red Cross Road),
Providence Township, be rezoned from RA to RIO-CD. Tax ID# 7797590264. Secondary/Rural
Growth Area. Sandy Creek Watershed. The proposed Conditional Zoning District would
specifically allow the development of a 5 mega -watt PV solar farm as per site plan. Property
Owner - David R. Hinshaw. The Planning Board reviewed this request at public meeting on
February 16, 2016, and unanimously recommended that this request be approved. The Planning
Board found the following policies within the 2009 Growth Management Plan that support
determination of consistency with the adopted plan with this recommendation are:
Policv 2.11 The County should continue to encourage & promote "clean" industry within
Randolph County.
Policv 3. 6 The County should encourage the use of performance -based rural industrial overlay
zoning when the use of large acreage, natural buffers, and extensive landscaping would not have
substantial adverse impact upon the general area growth characteristics, and the location of
such a site would substantially increase economic activity, job creation, and the tax base of
Randolph County.
April Montgomery, 151 Chatham St., Sanford, NC, represented Climax Solar and stated that
they did a revision to the site plan after the Planning Board meeting to add a Level 3 buffer.
They are working with neighboring land owners to try and lessen their concerns about the view.
Harmon Coble, 3276 Greeson Rd., Climax, has 63 acres that adjoin the property to the north
and spoke in opposition to the request with concerns about property values.
Ms. Montgomery replied that they have screened for existing structures and public right of
way but couldn't screen farmland for future unknown development.
Kevin Gunter, 8267 NC Hwy 22 N., Climax, spoke in opposition. His house faces the
facility entrance. Mr. Gunter asked if this solar farm would generate income for Randolph
County. He said no one's bills would decrease because of the installation and sees no benefit of
it.
Commissioner Kemp asked Randolph County Tax Collector Debra Hill to address the
questions in regards to value of property with solar farms.
Ms. Hill said on a solar farm, the panels are taxed at 20% of their value based on state
guidelines and the land is then taxed based on what it is used for. In this case, the County will
receive more tax revenue because it will be removed from its timber deferred status. The panels
would be taxed and the land would be taxed for its Residential Industrial Overlay -Conditional
District use.
3/7/2016