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071795County Commissioners Meeting - July 17, 1995 The Randolph County Board of Commissioners met in special session at 6:30 p.m. on July 17, 1995 in the Commissioners Meeting Room, 725 McDowell Road, Asheboro, NC. Commissioners Kemp, Frye, Holmes, and Davis were present. Commissioner Comer entered where so noted in these minutes. Chairman Kemp announced a public hearing to consider rezoning requests. Hal Johnson, Zoning Administrator, presented the following requests: 1. Randolph County Economic Development Corporation, Asheboro, is requesting that 46.32 acres (out of 71.30 acres), 3565 Old 421 Road, Liberty Township, be rezoned from RA to HI for industrial development. The Planning Board unanimously recommended approval. 2. Lee & Vance Roberts, Asheboro, are requesting that 76 acres on US Hwy 64W, Back Creek Township, be rezoned from RA to RR to develop a 32 -lot subdivision. The Planning Board unanimously recommended approval. 3. Worth Heath, Randleman, is requesting that 42 acres (out of 57 acres) on Branson Mill Road, Level Cross Township, be rezoned from RA to RR to expand Toomes Woods Subdivision by 34 lots. The Planning Board unanimously recommended approval. Comments - Request 41 Walter Sprouse, Randolph County Economic Development Corporation, explained that his agency made the application on behalf of the owners, who are out of the country. He said a prospective industry is interested in this property but cannot make a decision until it is rezoned. Commissioner Comer entered the meeting at this point and was present for the remainder of the meeting. Comments - Request 42 Lee Roberts, applicant, described the proposed development and said some lots on the west side will be larger than others because of topographical problems. Ben Crotts, adjoining property owner, said the community has several concerns: overloading of Tabernacle School, fear of septic tank problems because of the density, and the allowing of buried fuel tanks. He asked that this request be sent back to the Planning Board to increase the lot size and to consider soil suitability. Charles Simmons, adjoining property owner, asked how a lot could not perc and then a builder be building on that lot two weeks later. He said he has discovered that part of his pond is on the Roberts property and that all runoff will come into his pond. Richard Sporcic, adjoining property owner, said he would like for Mr. Roberts to purchase lots 3 and 4 from him. John Lutsie, adjoining property owner, said he is afraid all the wells being dug for the development will make his well go dry and that 32 septic tanks in the development may contaminate ground water. Chairman Kemp asked if any of these citizens were at the Planning Board meeting, since those minutes do not reflect any opposition. Mr. Simmons stated that he and his wife and Mrs. Sporcic were present but thought it was just for Mr. Roberts to make his presentation. Lee Roberts asked to address the concerns just heard. He said a soil scientist from High Point helped him with perc tests and that most of the soil is good except along the ravine in the larger lots. He has agreed to sell land to Mr. Simmons at reasonable terms so that Mr. Simmons can keep his pond. He said septic tank liquid is designed to come to the top, not drain down into the ground water. Commissioner Frye asked attorney Ed Gavin about a developer's liability regarding property rights of neighbors. Mr. Gavin said he would have to know the facts for each individual case and couldn't express an opinion in general terms. Vance Roberts, applicant, said they would be willing to add to their deed restrictions that all wells must be drilled, not bored. Lee Roberts said they would also agree to stipulate that fuel tanks cannot be buried. Comments - Request 43 Worth Heath, applicant, stated that the development has no soil or well problems and that the road in meets state standards. Chairman Kemp closed the public hearing. Action on Requests On motion of Frye, seconded by Holmes, the Board unanimously approved the request of the Randolph County Economic Development Corporation. On motion of Frye, seconded by Holmes, the Board unanimously approved the request of Vance and Lee Roberts, subject to the following conditions: 1. no fuel tanks may be buried; all must be above ground; 2. all wells must be drilled; 3. a 25 -foot no -cut buffer must be maintained for lots 13, 14, 16, and 17. On motion of Frye, seconded by Comer, the Board unanimously approved the request of Worth Heath. Mental Health Financing of Black & Veatch Property County Manager Frank Willis reported that Mental Health's contract with Black & Veatch states that we will give Black & Veatch 60-90 days' notice of closing date so that they will have time to find another facility to rent. The closing date originally agreed upon was October 23, 1995. The original dates for closing on the COPS financing were October 18 and 19, which meant the Black & Veatch closing date was feasible. Mr. Willis said that during a meeting with the Local Government Commission on July 11, it was determined that closing on the COPS financing cannot take place until October 27 and 28. He recommended that October 23, 1995 be set as the closing date for the sale of the Black & Veatch property, with the general fund loaning the money required until the closing of the COPS borrowing on October 27 and 93 On motion of Holmes, seconded by Comer, the Board unanimously voted to set October 23, 1995 as the closing date for the sale of the Black & Veatch property and to allow the 1995 Mental Health and County School Facilities Capital Project Fund to borrow approximately $700,000 from the general fund and $200,000 from the Mental Health Fund for the purchase of the Black & Veatch Building to be repaid from the proceeds of the COPS borrowing. Adjournment Having no further business, the Board adjourned.