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09SeptemberPB MINUTES RANDOLPH COUNTY PLANNING BOARD September 26, 1984 There was a meeting of the County Planning Board on Wednesday, September 26, 1984 in Courtroom B, County Courthouse, 145 Worth Street, Asheboro, North Carolina. The following members were present: Don Hancock, Chairman Doyle Stout, Vice-Chairman Ray Farlow Terry Coble Tal Harrison . Charles Adams Bud Osborne 1. Terry Coble made the motion, seconded by Tal Harrison to approve the minutes of the June Planning Board meeting. This motion was unanimously approved. 2. The following request for re-zoning was considered: A. Howard Realty, 614 N. Main Street, High Point, North Carolina, is requesting that approximately 20 acres of land located on Uwharrie Road (SR #1612) ; Zoning Map 1-1; Tax Map D-002-005; Trinity Township; be re-zoned from Residential-Suburban to Conditional Use Light Industrial. It is the desire of the applicant to expand a Junk Vehicle and Auto Parts business currently on the property. Robert Wilhoit, Attorney with Bell & Brown, Attorneys, 200 Worth Street Asheboro, North Carolina, and representing Kenneth Howard, owner of the property, addressed the Board. Mr. Wilhoit said that his client had purchased the property on June 28, 1978 for $42,000. This was prior to the establishment of county zoning laws in January, 1979. Mr. Howard began to develop the property as an Automotive Salvage business at this time. Prior to the purchase of the property Mr. Howard had contacted Frank Boling, the County Manager at that time, and asked about current zoning laws. Mr. Howard was notified by letter from the County Manager that no zoning laws were in effect in 1978. The property was then purchased for the specific use of Automotive Salvage. Kenneth Howard addressed the Planning Board and advised the Board that he had acted always in good faith, thinking the property was not zoned against Automotive Salvage. Mr. Howard advised the Board that he felt his existing Automotive Salvage business should be allowed to continue operation because it was under the "Grandfather Clause" and should be considered a non-conforming land use under current zoning laws. Mr. Howard also advised the Board that he would he willing to provide any screening or buffer zones to make the Automotive Salvage business compatible with surrounding areas. Hal Johnson, Administrative Officer for the county, advised the Planning Board that the property was currently zoned Residential-Suburban, and that Automotive - Salvage & Repair was not a permitted use in this zone. Mr. Johnson said that the existing salvage yard would be restricted to the land that was originally covered with cars prior to the establishment of County Zoning regulations. This area used prior to January, 1979 would be allowed to continue as a "Non- Conforming Use", but would not be allowed to expand. Automotive Salvage Yards can only be located in areas zoned "Light Industrial" and then only through the Special Use Permit or Conditional Use re-zoning process. Johnson advised the Planning Board that after reviewing complaints from area residents, he had contacted Mr. Howard and advised him of County Zoning laws. On several occasions Johnson said the county has communicated with Howard through Certified Mail advising him not to expand his Non-Conforming use; and outlining property re- zoning procedures required to allow the expansion of the Automotive Salvage business. A 1982 aerial photograph map of the area was on display. The aerial photograph, taken in 1982 for tax purposes, showed areas of the property cleared and salvage vehicles being stored on the property. The County Tax Department measured the distance on the aerial photograph maps and determined the following: • Based on the photographs taken in 1982 the following area was being used for MINUTES RANDOLPH COUNTY PLANNING BOARD SEPTEMBER 26, 1984 PAGE 2 junk vehicle storage and automotive repair: A: 400' off of Uwharrie Road - No Junk property use ‘.•••••••' B: 800' deep used for Junk Vehicle Storage C: 300' in width used for Junk Storage No other areas of the land could be determined as to being used for automotive salvage and junk vehicle storage. Doyle Stout, Planning Board member, asked Mr. Howard why he had failed to heed the certified letters of the county concerning the use of this property. It was recognized by the Planning Board that no response from Howard Realty had been received by the county until a certified letter was issued for zoning violation, giving the property owner 30 days to comply with county zoning laws . Mr. Howard stated to the Planning Board that he felt he was protected under terms of the "Grandfather Clause" as to use of property relating to County zoning regulations. He again repeated that it was his intention to develop the entire 20 acre land tract since he purchased the property in 1978. Charlie Casper, Attorney, Smith, Casper, & Smith Attorneys, Worth Street, Asheboro, North Carolina, and representing the D. A. Dowdy Estate, which consisted of approximately 80 acres adjoining the Howard property, addressed the Board. Mr. Casper said that his client had no problems with general industrial development of Uwharrie Road in Trinity Township. However, the expansion of a Junk Vehicle Yard to cover 20 acres would have a direct effect on the surrounding property and it's value without proper restrictions and land use protections. Because of questions relating to when the Automotive Salvage business was established, Mr. Casper asked that the current operation not be allowed to expand beyond what it was prior to county zoning in 1979. Mr. Casper also advised the Planning Board that he felt the county had been more than fair in dealing with this complicated zoning land use problem, and that it appeared that Howard Realty had not been co-operative in responding to county notices. Several area residents attended the Planning Board meeting to express their opposition to the location and expansion of an Automotive Salvage and Repair business on Residentially Zoned property. A petition was presented to the Planning Board that contained the names of approximately 70 persons residing near the property and opposed to the expansion or location of an Automotive Salvage business in the Uwharrie Road, Trinity Township area. (A copy of the petition is attached as a part of these Board minutes) . Individuals speaking before the Planning Board included: Mr. & Mrs. Douglas Weant and Dorothy Williams who advised the Board that no Automotive Salvage was in operation until 1981 or 1982. The citizens asked that the county not allow any expansion of the business and to end it's operations on Uwharrie Road, Trinity Township. Tal Harrison, Board member, stated that he felt there was a question of "intent" as to what the property was used for prior to adoption of County Zoning Ordinances in 1979. Because no specific evidence had been presented to the Board to identify the date and extent of development prior to 1979 ; Mr. Harrison felt there should be tax records as to business and capital gains. A person's "intent" is not always a legal method of determining compliance with law. Intent can only be judged as -to what a person did prior to the adoption of the law. Charles Adams, Board member, advised that High Point development seems to always spill over into Randolph County. Unfortunately, it is the worst possible type of development and Randolph County keeps getting junkyards while High Point gets industry. After much discussion, Ray Farlow made the motion, seconded by Terry Coble, to restrict the area of Automotive Salvage to 5.5 acres based on the 1982 aerial photographs of the area made for County Tax Department use. This would allow a non-conforming use to continue not less than 400 feet from Uwharrie Road; 800 feet in depth; and 300 feet in width. All existing trees and plant foliage would be left as a "buffer zone" to existing residences that may be bordering the property. In addition, Mr. Farlow recommended that the entire 20 acre land tract owned by Howard Realty be re-zoned to general use Light Industrial to reflect land development trends in the area. This motion was approved unanimously by the Planning Board. Recommendations would be forwarded to the County Commissioners at their October 1, 1984 meeting. MINUTES RANDOLPH COUNTY PLANNING BOARD SEPTEMBER 26, 1984 PAGE 3 3. The following request for a Subdivision Variance was considered: A. Mr. & Mrs. W. W. Kime, Climax, North Carolina, requested that they be allowed to use a 20' wide private graveled road for access to their property instead of the 25' wide private road requirements outlined in the County Subdivision Ordinance. If the Variance is granted no lots could be sold less than 5 acres in size and each 5 acre or greater land tract would be limited to one single family residential development. The property is located in Providence Township on State Road #2454. After review and discussion, Doyle Stout made the motion, seconded by Tal Harrison to approve the variance. This motion was passed unanimously by the Board. 4. Hal Johnson advised the Planning Board that the City of Archdale Planning Board had invited the members to attend a Joint Meeting on October 1, 1984 at 7:30 p.m. at the Archdale Town Hall. The meeting was to discuss land development problems in the Archdale/Trinity area. 5. Being no further business the Board adjourned at 3:30 p.m. RANDOLPH COUNTY NORTH CAROLINA .€•-• 44'4 Hal Johnson Administrative Officer �,.. • E . y _. y_ ry fr 1173 J.:J 44" - p • _ it A�Jt ) 1 AAMC Q.b NOT RY PUBLIC v ' ,�-„ _ � . 141. DATE 1779