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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. 2 (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 .-