08AugustPB MINUTES
RANDOLPH COUNTY PLANNING BOARD
August 5, 1981
The Randolph County Planning Board met in regular session on Wednesday,
August 5, 1981 at 1:30 p.m. in the Conference Room of the Department of Public
Health Building, Ira McDowell Governmental Center, Asheboro, North Carolina.
The following members were present:
Don Hancock, Chairman Absent
Andrew Lueker
Doyle Stout Ray Farlow
Jim Newton
Joyce Davis
Terry Coble
• 1. Andrew Lueker made the motion, seconded by Terry Coble to approve the minutes
from the July Planning Board meeting. This motion passed.
2. Don Hancock introduced Dwight Holland to the Planning Board. Mr. Holland is
Curator of Design for the North Carolina Zoo and a former member of the County
Planning Board. Mr. Holland has been appointed by the Zoo Director to serve
as the Zoo's ex-officio member to the County Planning Board on matters concerning
planning and zoning affecting the zoo property.
3. RE-ZONING REQUESTS: ( The following re-zoning requests were reviewed by the
Planning Board and will be forwarded to the County Commissioners for Public Hearing
and final determination)
A. Lewis D. Thomas, Route 4, Box 380, Asheboro, N.C. , and W. E. Staley, Route 4,
Box 398, Asheboro, N.C. , requested that approximately 13 acres of land owned
by the J. C. Thomas heirs in Grant Township on State Road 2834 (near the Zoo
entrance) be re-zoned from its current zoning classification of Residential
Agricultural to Highway Commercial zoning classification. Mr. Staley advised
the Planning Board that they desired to have the property re-zoned because
they wanted to put a 40 or 50 room motel on the property. Mr. Staley advised
that he and Mr. Thomas desired the property to be re-zoned because the current
zoning did not allow them to develop the property in the most beneficial manner.
Don Hancock advised Mr. Staley and Mr. Thomas that persons in the Grant Town-
ship had been advised several years ago that the land around the North Carolina
Zoo would be zoned to exclude major commercial development if the zoo was
located in Randolph County. The current zoning designation of Residential
Agricultural does not totally exclude development of property and land. There
are several land uses in the RA zones that are permitted by right. Among
these are residential development, agricultural uses of land, and certain
land uses that would require the issuance of a Special Use Permit by the
Planning Board. Examples of property uses permitted in a RA zone with a
Special Use Permit is a Family Campground, such as the one that adjoins the
property in question. Unified Housing Developments are also permitted but
a Special Use Permit must first be obtained. Hal Johnson advised the Planning
Board that the Residential Agricultural zoning district around the zoo is
consistent with the same regulations applied to RA zones in the Trinity Town-
ship. Under the current County Zoning regulations and North Carolina law
pertaining to zoning, if a tract of land is zoned Highway Commercial the
property owner has the legal right to develop the re-zoned property with any
number of uses that may be permitted by right in that particular zoning
district and allowed by the Zoning Ordinance. When considering a request
for property re-zoning the Board must consider all the permitted uses that
would be available in a particular zoning district under terms of the Zoning
Ordinance.
Dwight Holland, Curator of Design, North Carolina Zoo, and a property owner in
the area, advised the Planning Board that when the North Carolina selection
committee was looking for a site for the Zoo location it was between Randolph
County and Concord. One of the major points that attracted the Zoo to
Randolph County was the rural undeveloped nature of the proposed Zoo location.
Prior to locating in Randolph County, the North Carolina Zoological Authority
has been assured by resolution of the County Board of Commissioners on November
17, 1970, that if the Zoo located in Randolph County, the county would assure
that the area within one mile of the park will be zoned to protect the Zoo
from outside encroachment. Mr. Holland told the Board that it would be the
opinion of the Zoo Board of Directors and the North Carolina Department of
AUGUST 5, 1981
PAGE 2
Human Resources that the land should not be re-zoned to allow Commercial
Development.
Colvin Jackson, owner of the Trails End Family Campground, adjacent to the
property in question advised the Planning Board that he had been required
to develop his property in a manner that did not detract from the rural
agricultural nature of the land. He would not be in favor of re-zoning
the land next to him if exactly what was going to be put on the property
could not be controlled such as a Highway Commercial zone and all the
permitted uses.
Jim Newton made the motion that the Planning Board recommend to the Board
of County Commissioners that the re-zoning request be denied on the basis
that the request is not consistent with land use patterns in the area and
is not consistent with the County's resolution to protect the Zoo from
encroachment not consistent with a rural agricultural area. Andrew Lueker
seconded the motion and it passed unanimously by the Planning Board.
B . Arnold H. Mann, Thomasville, North Carolina, requested that approximately
1 acre of land located in Beverly Hills Subdivision, Trinity Township,
Zoning Map 1-1, off of Old Thomasville Road and Bethel Drive, State Road
1668, be re-zoned from Residential Suburban to Light Industrial Zoning
Classification.
Mr. Mann advised the Board that the property was vacant and on two sides
the property was owned by Food World Corporation, who at one time had
anticipated locating large warehouses on the property adjacent to his.
The area was part of an older subdivision with a dirt road ( SR 1668) going
past the property. At one time the road was a dead end road but now it
extends around into Bethel Drive. Across the street and on one side of the
property is property being used for residential purposes. Mr. Mann intended
to develop the property for light manufacturing purposes. A general discussion
followed concerning all the uses that could be permitted in an Industrial Zone
if the property were re-zoned. Terry Coble stated that this would be a good
example of property where Conditional Use Zoning would be beneficial. Conditional
Use Zoning would allow the Planning Board to have more control over exactly
what Mr. Mann would put on the property. Hal Johnson advised the Board that
the County Zoning Ordinance would have to be amended to allow Conditional
Use Zoning Districts and this could be part of the overall Zoning recommendations
the Planning Board might want to consider in their recommendation to the Board
of Commissioners on Zoning.
Jim Newton made the motion that the Planning Board recommend to the Board
of Commissioners that the re-zoning request be denied on the grounds that
the only access to the property would be through a residential area and this
could pose a hazard to the residents. Doyle Stout seconded the above motion.
Jim Newton, Doyle Stout, and Andrew Lueker voted for the motion to recommend
denial of the re-zoning request. Terry Coble and Joyce Davis voted for the
re-zoning request. This motion passed by a 3-2 vote.
Hal Johnson advised the individuals who were present for re-zoning that their
requests would be forwarded to the Board of Commissioners for Public Hearing
at the September Commissioners .meeting.
4. Hal Johnson presented to the Planning Board a recommendation for a proposed
Ordinance that would regulate Hazardous Waste Facilities in Randolph County. (a copy
of the proposed Ordinance is attached as a part of the Board minutes) If approved
by the Planning Board the Ordinance will be forwarded to the Board of Health and
then to the County Commissioners for final review and approval. The proposed Ordinance
is designed to allow local county government to have some measure of control over
Hazardous Waste Facilities while at the same time not placing the county in a
position of being in conflict with state law. The proposed Ordinance would require
a Special Use Permit for Hazardous Waste Facilities and would require the following
actions prior to issuance of a Special Use Permit:
1. The Petitioner must provide the county with appropriate documentation from
the North Carolina Department of Human Resources Solid & Hazardous Waste
Section that the proposed facility is in compliance with appropriate State
and Federal Hazardous Waste regulations.
2. Appropriate documentation from the Randolph County Department of Public
Health that the proposed facility is in compliance with local Health
Department regulations.
AUGUST 5, 1981
Page 3
3. Appropriate documentation from the County Building Inspections Department
that the proposed facility is in compliance with local Health Department
regulations.
4. Notification of appropriate County Medical Rescue, Fire, and Law Enforcement
Agencies as to the nature of material stored so emergency contingency plans
can be developed.
George Elliott, Public Health Director, was present at the meeting and advised the
Planning Board that he felt the Ordinance was effective and would allow the County to
have better control over these type of facilities.
Jim Newton made the motion that the proposed Ordinance be approved and forwarded to
the Board of Health and the County Commissioners for final determination. If the
Ordinance is amended as presented at some later time it should be returned to the Planning
Board for review. Terry Coble seconded the motion and it passed unanimously.
• 5. The Planning Board established the time of 7:00 in Courtroom A, County Courthouse,
as the time and place the next meeting on August 12 will be held. This meeting will be
Phase 111 of the Zoning feasibility study and is set aside so that the Planning Board
may receive input from citizens.
6. Being no further business the meeting was adjourned by Chairman Hancock.
�OV�i . .O#j NORTH CAROLINA
RANDOLPH COUNTY
Administrative Officer r'
'- _ 7779
I, (QAj4, , ((. Qc , a Notary Public of Randolph County, do hereby certify that
Hal Johnson personally appeared before me this day and acknowledged that this is a record
of the minutes of the August 5, 1981 Randolph County Planning Board meeting.
WITNESS, my hand and notorial seal, this 7t day of C,r,crcy&_ , 1981.
NOTARY PUBLIC
My Commission Expires November 5, 1985
////////////////////////////////////////////////////////////////////////////////////////////
AN ORDINANCE FOR THE MANAGEMENT OF
HAZARDOUS WASTE IN RANDOLPH COUNTY, N . C .
WHEREAS , it is necessary and advisable to regulate the operations
involving hazardous wastes within the jurisdiction of Randolph County
in order to promote the public health , safety, and general welfare ; and
WHEREAS , the controlled management of hazardous waste has been
recognized by the State of North Carolina and the United States of
America as necessary; and
WHEREAS , notice was duly given and a Public Hearing held on the
question of adoption of this ordinance , and all objections hereto
being properly presented and considered, NOW THEREFORE ,
BE IT ORDAINED by the Randolph County Board of Commissioners .
Section 1 . Title
This Ordinance shall be known and may be cited as the
Randolph County Hazardous Waste Ordinance .
Section 2 . Purpose
This Ordinance establishes a process by which hazardous
waste facilities may be allowed in Randolph County by
means of conditions exercised through a Special Use Permit .
Section 3 . Definitions
(a) HAZARDOUS WASTE - any waste material including
radioactive material which is now or may be listed
as a hazardous waste pursuant to the United States
Environmental Protection Agency ' s Hazardous Waste
Guidelines and Regulations as published in the
Federal Register (40, C.F. R. part 261 , May 19 , 1980) ,
or any amendments thereto and any other waste or
radioactive materials which shall be listed from
time to time by the United States Environmental
Protection Agency as hazardous waste .
(b) PERSON - Any individual , corporation, partnership ,
firm, association, trust , estate , public or private
institution, group or agency.
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(c) PLANNING BOARD - The Randolph County Planning Board.
(d) TO STORE - to hold, deposit , or accumulate either in
a warehouse , vehicle , building or pit , on a lot or
in containers for a continuous period of time ex-
ceeding twenty-four (24) hours .
Section 4 . Special Use Permit Required
The use of land, building structures or vehicles for the
storage , collection , repackaging, reprocessing, transferring ,
or transporting of any hazardous waste material by any person
in Randolph County shall not be permitted as a matter of
right but only after review and approval as hereinafter
provided. A Special Use Permit to operate said uses is
required and may be granted by the Board of County Contuiissione/
or it ' s designated Planning Agency subject to the conditions
set forth in this Ordinance .
Section 5 . Exceptions
This Ordinance does not apply to hazardous waste materials
which are presently produced or distributed within Randolph
County incidental to the uses permitted by the Randolph
County Zoning Ordinance and the various territorial Zoning
Ordinances in the cities of the county . However, the
requirements for a Special Use Permit will become effective
when the storage of such material otherwise permitted is
moved to a new location within the County .
This Ordinance does not apply to the lawful use by properly
licensed operators of radiation machines or radioactive
materials for medical diagnostic and treatment purposes .
Section 6 . Conditions and Application Procedures For a Special Use Permit
(a) The owner or operator of a hazardous waste facility
shall submit an application for a Special Use Permit
to the Randolph County Planning Board on forms
provided by the County . Such an application shall
include the name of the petitioner, date , location of
proposed facility on a vacinity map , and plans and/or
specifications for said facility. Should an applicant
propose locating a facility in a zoned area of
Randolph County prohibiting such use, no Special
Use Permit shall be issued until the State overides
3
the County Zoning regulations through due process .
(b) Upon receiving the application for a Hazardous Waste
Facility Special Use Permit the Planning Board will
issue such permit within 45 days upon evidence that
the petitioner has complied with the following
requirements :
1 . The Petitioner must provide the County with
appropriate documentation from the North Carolina
Department of Human Resources Solid & Hazardous
Waste Section that the proposed facility is in
compliance with appropriate State and Federal
Hazardous Waste regulations .
2 . Appropriate documentation from the Randolph
County Department of Public Health that the
proposed facility is in compliance with local
Health Department regulations .
3 . Appropriate documentation from the County
Building Inspections office that the proposed
structure or facility would meet the requirements
of the State Building Code.
4. Notification of appropriate County Medical Rescue ,
Fire , and Law Enforcement Agencies as to the natur
of material stored so emergency contingency plans
can be developed.
- 5 . In the event of failure to comply with stated plan;
upon which the Special Use Permit was granted the
permit shall thereupon immediately become void
and of no effect . No Building Permits for further
construction or certificates of occupancy under
this special use permit shall be issued, and any
facilities in operation will be considered in
violation of this Ordinance.
Section 6 . Penalties
Any person , firm, or corporation who violates any provision
of this ordinance shall , upon conviction, be guilty of a
misdemeanor , and shall be fined not exceeding $50 or
imprisoned not exceeding thirty days . Each day that a
violation continues to exist shall be considered to be a
4
separate offense provided the violation is not
corrected within 30 days after notice of violation
has been given .
Section 7 . Effective Date
This Ordinance shall take effect
.-41Y.
a !` 's,
'779 .-