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11NovemberPB ���� 6 idly •© C "- =3 2 -; o MINUTES c 1„->. ._c?: 4'7," RANDOLPH COUNTY PLANNING BOARD v 1779' �. November 4, 1987 There was a meeting of the Randolph County Planning Board on Wednesday, November 4, 1987, at 1:30 p.m. , in Courtroom B, Randolph County Courthouse, 145 Worth Street, Asheboro, North Carolina. 1. Don Hancock, Chairman, called to order the Randolph County Planning Board meeting at 1:30 p.m. 2. Hal Johnson, Planning Director, called roll of the members: Don Hancock, Chairman, present; Doyle Stout, Vice Chairman, absent; Ray Farlow, present; Charles Adams, present; Guy Troy, present; Tal Harrison, present; Bud Osborne, absent; Lynden Craven, Alternate, present; Arlie Culp, Alternate, present; Bill Dorsett, Alternate, absent ; and Maxton McDowell, Alternate, absent. 3. Hal Johnson announced to the Board that Bud Osborne would be resigning from the Planning Board for health reasons. 4. Chairman Hancock asked for a motion to approve the Board of Adjustment minutes from the October 7, 1987 meeting. Hal Johnson called the roll of the Board of Adjustment members: Don Hancock, Chairman, present; Doyle Stout, Vice Chairman, absent; Ray Farlow, present; Charles Adams, present; Guy Troy, present; Lynden Craven, present; and Arlie Culp, present. Charles Adams amde the motion, seconded by Lynden Craven, to approve the minutes. The motion passed. Hal Johnson notified the Board of Adjustment that Charles Stanley's Attorney, James Dellinger, had filed an appeal of this decision to the Randolph County Superior Court. Mr. Stanley's appeal to the Randolph County Superior Court is based on what he and his attorney feel are "Vested Rights" that were incurred prior to County mobile home park and zoning regulations. Johnson advised the Board of Adjustment that their decision would be defended by County Attorney Ed Gavin. He further advised the �� Board of Adjustment that their decision was made using the most detailed proceedings the Board had ever conducted. Regardless of the final decision issued by a Superior Court Judge on the issue of vested rights; the Board of Adjustment should know that they made the best decision available to them as a County Board of Adjustment. 5. Lynden Craven made the motion to approve the minutes for the October 7, 1987 Planning Board meeting. Ray Farlow seconded the motion and the motion was approved. 6. SUBDIVISIONS: A. THE COUNTY COVES (Preliminary Plat) ; New Market Township; SR 1941; 35 Lots. R. S. Davis - Owner. Hal Johnson explained to the Board that at this time the lot sizes in Country Coves Subdivision exceeded all requirements. He went on to explain that the Board of Commissioners adopted Water Critical Areas around the water supplies in the County but at this time a Water Critical Area has not been adopted around the proposed Randleman Lake, because the Commissioners have not received an official map of the proposed lake. Mr. Johnson said at this time the Planning Department is advising the people that come in for development in this area that their property may be subject to public purchase. Ray Farlow asked Mr. Johnson when the County would be receiving information on the proposed lake and he was told that this was difficult to say because the surveying would not be completed for several weeks and then the map would have to be adopted by the Commissioners. Sonny Davis, Owner, was present at the meeting and explained to the Board that the plan was devised to be at 690' above sea level. He also stated that the maps used to devise this plan were acquired from Lindsay Cox, Executive Director of Piedmont Triad Council on Government. Mr. Davis said this would be a nice site-built homes subdivision, with a restriction �� of at least 1,500 sq. ft. per home. Mr. Johnson asked Mr. Davis when construction would begin in this subdivision and he was told development would begin no later than Spring, 1988. Chairman Hancock asked Mr. Davis about the soil in this area and Mr. Davis said it was changeable, some really good and other questionable. Guy Troy asked Mr. Johnson what would happen if this area was determined to be Water Critical Area by the Commissioners in a couple of months. Hal Johnson explained that if this subdivision was approved before the Water Critical Area was determined then the subdivision would be grandfathered in. Tal Harrison stated his concerns of development in this area and said he felt the Board needed guidence from the Commissioners. Charles Adams and Guy Troy agreed with Mr. Harrison. Hal Johnson explained to the Board that based on the information available to the County at this date, Mr. Davis's subdivision exceeds all requirements of the County Subdivision and Watershed regulations. At some future date and should the Board of Commissioners adopt Water Critical Regulations around the proposed Randleman Lake, portions of these lots may be subject to public purchase by the Piedmont Water Authority or the State. However, as of this date, the subdivision is designed based on the best available information. Sonny Davis asked the Board to consider the fact that his plans for development started prior to the watershed area or proposed lake development and that he was aware of the risk he was taking. Lynden Craven made the motion, seconded by Arlie Culp, that the preliminary plat be approved with notice that Mr. Davis understands the risk and that at this time the subdivision exceeds all requirements. The motion passed. B. WESTOVER LANE (Preliminary Plat) ; Liberty Township; SR 2438; 25 Lots. John H. Kivett - Owner. Hal Johnson told the Board of the numerous phone calls he had received by surrounding property owners expressing their concerns of becoming the victims of this residential development. It was noted that there is a lot of farming in this area (hog lots, chicken houses, and cows) , a horse ranch, and a dog kennel. The people in this community wanted it to be on record that they were there before the housing development and that they will continue to be there. Mr. Johnson stated the lot sizes exceed the requirements and the development will be for site-built homes. John Kivett, Owner, was present at the meeting and said that David Brown from the Health Department had visited the property and we should have received a letter. he also stated the restrictions for the subdivision are strict to keep the subdivision nice for the area and that a 200' wooded buffer zone would surround the subdivision. Tal Harrison made the motion, seconded by Ray Farlow, to approve the preliminary plat. The motion passed. 7. SPECIAL USE PERMIT: A. Britt Realty Company, High Point, North Carolina, requested a Special Use Permit to construct a wire center and switching station for North State Telephone Company, on approximately one acre of land, located on the southeast quadrant of SR 1004 and SR 1408, Trinity Township, Zoning District R-A. Zoning Map #7725. William H. Dula, Vice President of North State Telephone Company, was present at the meeting and explained to the Board that this substation would allow them to improve their services for residences in this area of the County. (Such services as call waiting and call forwarding.) This substation will be well built, well maintained, and will not be maned. There was no opposition to this request. Ray Farlow made the motion, seconded by Guy Troy, to approve this request. The motion passed. 8. REZONING REQUESTS: A. Steve Davis, High Point, North Carolina, requested that approximately 10 acres of land located on the northeast side of Highway 311 near intersection SR 1527, New Market Township, be rezoned from Residential Agricultural to Light Industrial. Zoning Map #7746. It is the desire of the applicant to use the land for industrial development. Hal Johnson explained to the Board that this case was carried over from the September 9, 1987, Planning Board meeting and the decision was delayed at that time to reduce the acreage on the request. 2 Steve Davis, Davis-Petty Insurance, was present at the meeting and expressed his desire to build a body repair shop on this property. He also state he would be willing to leave a 100' buffer zone of trees against Mr. Fred Frank's property and Mr. Loflin's property (adjoining property owners) . He explained the area he wants rezoned as the 10 acres of property adjacent to Miller's Junkyard. Freddie Frank, Route 2, Sophia, expressed his opinion to the Board that he was not against growth but that growth should benefit the community as a whole and not the individual. He stated that he felt this would be a junkyard and gave the example of the Tar Heel Drive In full of junk cars (he said the drive-in was 10 acres) ; this would not benefit the community as a whole. Fred Frank, Sr. , Route 2, Sophia, expressed his concerns that Mr. Davis would not be on the site to oversee the operation and he was also concerned about the paint and other residues running off into the creek that crosses the property. Ken Spivey, Pastor of Marlboro Friends Church, told the Board that he felt that Highway 311 was the sorriest looking stretch of road in the County and that if another junkyard was allowed in Sophia you should change the name from Sophia to Junk City. He also stated that a buffer zone would not help during the Winter months when the leaves fall from the trees. Steve Davis told the Board he was not planning a junkyard and that he would be willing to put a fence as a type of buffer also. Hal Johnson told the Board that the junkyard already located beside this property should not weigh that heavy on their decision because it was their prior to the adoption of the Zoning Ordinance in July. Tal Harrison made the motion to recommend this request be denied to the Commissioners because of the concerns of adjoining property owners and the possibility of stream contamination because of improper drainage. Charles Adams seconded the motion and the vote was five to two with Guy Troy and Don Hancock voting against the motion. The motion passed. B. Claude Gable Company, Incorporated, High Point, North Carolina, requested that approximately 3 acres of land located on SR 1619 (Prospect Street Extension) , immediately south of Reliable Bedding and intersection SR 1616/1619, be rezoned from Residential Agricultural to Light Industrial/ Conditional Use. Zoning Map #6798. It is the desire of the applicant to use the land for industrial development. Don Miller, Attorney representing Claude Gable Company, was present at the meeting and explained to the Board that Mr. Gable bought the property two years ago and thought the property was zoned industrial. Mr. Miller also stated that $500,000 dollars had been borrowed on the property for this development so he felt like it was just a mix up about development being started before any permits were issued. Charles Adams explained that grading, the posting of a sign, and construction began before the property had been rezoned and any building permits were issued. He also stated that even when the contractor had been instructed by a County Enforcement Official to stop construction, a footing was poored and more materials were brought to the site. Hal Johnson stated that once J.R. Hall Construction Company received an official letter from the Building Inspections Department construction stopped. Guy Troy and Tal Harrison agreed that. a penalty should be imposed by the Commissioners on this contractor. Ray Farlow made the motion to recommend approval of this request to the Commissioners noting the statements Charles Adams expressed. This motion was seconded by Guy Troy and the motion was approved. C. Roy G. Hill, Asheboro, North Carolina, requested that approximately one acre of land lcoated immediately west Uwharrie Bridge on Highway 64 on the north side, Tabernacle Township, be rezoned from Residential Agricultural to Light Industrial/Conditional Use. Zoning Map #7702. It is the desire of the applicant to construct a furniture upholstery shop. Hal Johnson explained to the Board that the property had been cleared off and granding had been done, construction materials were on the site, and the footings had been dug for the proposed building. Roy Hill was present at the meeting and explained that he started to develop the property on November 6, 1986 and that was why the property had already been graded. He said the materials were placed on the property back in the summer and the septic tank permit was issued in November of 1986. Mr. Hill stated that no chemicals of any kind would be used in his operation because he only upholsters the furniture and the frams are finished before he receives them. He also said that he would not be expanding his business in the future and he would only have four employees. 3 Reynolds Neeley, City of Asheboro, stated his concerns of this property being rezoned around Lake Reese. Mr. Neeley also stated he would like to go on record as saying the City of Asheboro is opposed to any property being rezoned to an industrial type use in the Lake Reese Area. Hal Johnson explained to the Board that the issuance of an Improvements Permit (septic tank permit to install) does not necessarily show a vested right to develop and that this area is in a Water Critical Area which now requires 80,000 sq. ft. for any type of development. Chairman Hancock recommended to the Board that they require Mr. Hill to have two acres rezoned for this type development and that the septic tank be located no less than 200' from the high water line. Guy Troy made the motion, seconded by Charles Adams, to recommend approval of the request to the Commissioners to rezone two acres Light Industrial/Conditional Use with the septic tank being located no less than 200' from the high water line of Lake Reese. This motion passed. D. James Vuncannon, Asheboro, North Carolina, requested that approximately acres of land located on the south side of SR 1422 (Poole Town Road) , approximately } mile east of Back Creek Fish House (formerly Byrd's) , Back Creek Township, be rezoned from Residential Agricultural to Highway Commercial/Conditional Use. Zoning Map #7731. It is the desire of the applicant to construct a building to be used for vending machine repair work. Wes McCracken represented James Vuncannon and he explained that the building would be located at the back of Mr. Vuncannon's property and the building would not be visible from the road. He also stated that the • only traffic that would be coming in, would be a tractor trailer truck every two weeks. Ray Fralow asked Mr. McCracken if there were any other businesses on the road besides the fish house and he was told no. There was no one at the meeting speaking in opposition of the request. Tal Harrison made the motion, seconded by Arlie Culp, to recommend approval to the Commissioners on this request. The motion passed. 9. Chairman Hancock called for a recess at 3:22 p.m. and said the meeting would reconvene at 4:00 for the Public Hearing concerning Poultry House Location and Operation Regulations. 10. Chairman Hancock called the Public Hearing on Poultry House Location and Operation Regulations to order at 4:00 p.m. 11 . Chairman Hancock explained to the citizens present that at this time no recommendations were concrete, that they were proposals and this hearing was to receive input by the citizens of Randolph County on this matter. The Chairman then asked Hal Johnson, Planning Director, to review the proposals. Hal Johnson explained to the citizens the numerous complaints that had been received by the County on chicken houses being located near housing developments. A subcommittee had been formulated to study these complaints and if necessary make recommendations to the Planning Board of how to regulate these problems. Mr. Johnson stated that the subcommittee found that Randolph County was listed as being one of the top five in the State for the Poultry Industry and that over 700 commercial chicken houses operated in the County. He explained that the subcommittee felt they should meet with the Poultry Suppliers for Randolph County so inviations were sent to these suppliers and only two showed up for the meeting, Purdue and Showell. The subcommittee met for a final time to review information received and formulate recommendations to the Planning Board. Those recommendations were: 1. Poultry Houses must be located on a minimum ten (10) acre tract. 2. No Poultry House shall be located within one hundred (100) feet of a property line. 3. A plan indicating the procedures and process for litter and dead bird disposal shall be filed with the County upon application for a permit. 4. The developer must provide a list of names of adjoining property owners and indicate that these persons have been notified of the intended development. 4 5. New Poultry Houses shall be located only in a Residential Agricultural District. 6. Prior to construction the developer shall obtain a Poultry House Permit from Randolph County which will indicate he is in compliance with these regulations. Hal Johnson explained to the citizens that during the land planning for zoning, the County visited eleven communities to receive citizen input and this was the reason for this meeting because the County wanted to hear what the public had to say in this matter also. Mr. Johnson told the citizens of a case heard earlier today about the neighboring property owners being concerned about a subdivision being developed in their area. These people explained they were farmers with chicken houses, hog lots, cows, horse ranch and even a dog kennel. Their concern was if they would become the victims of this housing development and they wanted to go on record as saying they were there first (before the subdivision) . Mr. Johnson explained that if the situation arises four or five years from now that these people (who buy into the subdivision) complain about agricultural problems in the area they will be told that the farmers were there first and they will remain there. Hal Johnson expressed his concerns to the citizens that they understand that the County does not want to or intend to regulate agriculture, that the County can set regulations on setbacks and placement of chicken houses to protect the safety, health, and welfare of the public. Mr. Johnson also stated concerning the recommendations of poultry houses only being located in a Residential Agricultural District that over 80% of Randolph County was zoned Residential Agricultural. 12. Chairman Don Hancock opened the Public Hearing: 1. Roger Byrd stated that he agreed with the regulations 100 percent and that he felt it was unfair that the people in Southern Acres Subdivision were having the problem with chicken houses like they are. 2. Joyce Leach, Route 8, Asheboro, Southern Acres Subdivision, said that it isn't fair or right to locate chicken houses next to residential houses. 3. Bob Walker, Southern Acres Subdivision, stated that he was for these restrictions for chicken houses and he objected to what has happened to Southern Acres. 4. Bill Kidd told the Board that he lived within 400' of chicken houses and he has no problem with these houses. He also said he does not agree with the 10 acre tract minimum or the location of a house being 100' from a property line restriction. He said he believed you should not be able to build a chicken house within 300' of a persons house instead of the restriction of the property line, and that the acreage should have no baring. 5. William Leach, Route 8, Asheboro, Southern Acres Subdivision, stated that chicken houses being located near a residence lowered the property value of your home. 6. Unice Lacy, Southern Acres Subdivision, expressed her opinion that the regulations that had been recommended should be stated more specific such as if the 10 acre minimum included the farmers home or not. She also said she felt that the subdivision Mr. Johnson had mentioned earlier should have been turned down in her opinion. 7. James Green expressed his concerns that chicken houses should not be built near housing developments. 8. Felton Kiser, Erect, told the Board that he is a small chicken farmer and asked if he lost a chicken houses from storm or fire would he be able to replace it (under the new regulations if any were established) . Mr. Johnson answered that he would be able to replace the chicken house. Mr. Kiser also stated that he agreed with the gentleman that stated the houses should be located 300' from the nearest residence. 9. Robert Clark, Route 8, Asheboro, Southern Acres Subdivision, stated that he had restrictions on his property, but that someone in the same subdivision had built a chicken house. 5 10. Bernic Melton, Southern Acres, Subdivision, said she was the first residence in Southern Acres 17 years ago and there were no restrictions listed on her property, but now that a neighbor had built chicken houses on his property her property value had dropped. 11 . Joey Moffitt, Route 7, Asheboro, told the Board that his house was located 150' from his chicken houses but he had no problems. He felt like the problems were cause because some chicken houses were not kept properly clean. 12. Doug Hudson expressed his concerns of the 10 acre tract requirement be so strict because if you borrow money against the land you don't want to have to but that much land up for colleteral. He went on to say that if you keep your chicken houses clean you won't have a problem and that the farmer is intitled to as much rights as a man that comes to town and punchs a clock, if he wants to expanded he should be able to. He also asked the Board if you wanted to expanded an existing family operation would you have to have ten acres to do this. Guy Troy, Board member, told Mr. Hudson that if you have the business (existing) it would be okay to expand but if you start a new business you would need at least 10 acres (if the recommendations pass) . Tal Harrison told Mr. Hudson that what property was put up for colleteral was not effected by these regulations. 13. Mark Haynes, Seagrove, told the Board that his chicken houses were located less than 100' from his property line and he thought that 200' from the closest existing residence should be considered. 14. Wayne Cox expressed his opinion that a chicken house should be located no closer than 500' from the nearest residence. He also stated he felt that a person should live on the property where their chicken houses were located. 15. Larry Pugh, Route 1, Asheboro, asked what type of regulations would be set up for litter disposal plans and Mr. Johnson answered by saying the standards that were accepted by the Poultry Industry at the time. 16. Ronald Self, chicken farmer, said he did not believe you should have to notify you neighbors if you were going to build a chicken house because it would only cause problems for the farmer. He also stated that if people could not put up with the chicken houses they should stay in town. 17. Fletcher Auman, Seagrove, said he thought the 10 acre tract regulation would take care of the problem without the other regulations. 18. Grady Coble, Route 1, Climax, chicken farmer, said he believed you should not be able to build chicken houses against residential development, but if you develop a subdivision beside a farm, city folks would have to learn how to put up with country living. 19. Betty Pell, real estate salesperson, said she sympathized with the people in Southern Acres Subdivision, and you should not be able to build a chicken house close to a housing development. 20. Rick Taylor, Asheboro, asked why should you have to notify your neighbors, would this have any affect on whether you received your permit or not. Guy Troy said that this would have no bearing on whether you received your permit or not, it would just be a curtisy. 21. Roy Deaton, Route 1 , Seagrove, expressed his concerns on the existing farm business. 22. Al Brown told the Board he felt the 100' from property line requirement should be done on an individual bases. 23. Kay Wells, real estate agent, said she felt that the 100' from the property line was a good idea because it would save the real estate value of the adjoining property. 24. Darrell Richardson, Route 4, Asheboro, asked if the 100' from the property line would keep the existing farmer from expanding and Mr. Johnson said it would not 6 Mr. Johnson explained to the citizens that the problems the County was seeing was not with the bonifide farmer it was the person developing chicken houses on vacant property and not living on the property. 13. Chairman Don Hancock thanked the public for attending the meeting and said this information would be brought back to the Planning Board for recommendations to be made for the County Commissioners. 14. The meeting adjourned at 4:55 p.m. RANDOLPH COUNTY NORTH CAROLINA 7 (7----/°74.- --v%-lac--1,--- Planning Direcr Date Se retary d ;ct :j 5 5 " /779 .�L 7