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RANDOLPH COUNTY PLANNING BOARD
- _ 777°
December 9, 1987
There was a meeting of the Randolph County Planning Board on Wednesday,
December 9, 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, present; Ray Farlow, present;
Charles Adams, present; Guy Troy, present; Tal Harrison, absent; Lynden
Craven, Alternate, present; Bill Dorsett, Alternate, present; Arlie Culp,
Alternate, present; and Maxton McDowell, Alternate, absent.
3. Chairman Hancock asked for a motion to approve the minutes for the November
4, 1987 Planning Board meeting. Guy Troy made the motion to approve the
minutes, seconded by Charles Adams, the motion passed.
4. SUBDIVISIONS:
A. COUNTRY ACRES (Preliminary Plat) ; Back Creek Township; off Highway 220;
28 Lots. Jim D. Myrick - Owner.
Hal Johnson explained to the Board that the Highway Department
suggested to Mr. Myrick a change in his roads that would allow for
better traffic flow and that they recommended waiting until Spring
to do any paving of the roads. Mr. Myrick added that he would change
the roads on the final plat. Mr. Myrick also said that this subdivision
would be for manufactured housing with single and double wide units.
Hal Johnson told the Board that the Planning Department will have a
copy of the deed restrictions before the final plat is approved.
Guy Troy made the motion, seconded by Doyle Stout, to approve
the preliminary plat. This motion was approved.
B. DEER TRACT ACRES (Preliminary Plat) ; Richland Township; Highway 220;
14 Lots. Joe Farlow - Owner.
Joe Farlow was not present at the meeting. Hal Johnson explained
to the Board that the subdivision would not front on a State maintained
road and that the tracts were all 5 acres or greater in size. Mr.
Johnson told the Board he was not sure of the type of housing at this
time but that he would know before the final plat.
Lynden Craven made the motion, seconded by Bill Dorsett, to
approve the preliminary plat. The motion passed.
C. OAK HOLLOW WEST, Section IV (Preliminary Plat) ; Cedar Grove Township;
Highway 49; 21 Lots. Barbara Coltrane - Agent.
Hal Johnson explained to the Board that Barbara Coltrane wanted to
begin selling lots before the roads are paved because of weather
conditions and recommendations from the State not to pave during the Winter
months. Barbara Coltrane was present at the meeting.
Chairman Hancock asked why lot seven was such a large lot and if
there were plans to subdivide it in the future. Ms. Coltrane told the
Board that there were problems with perking this lot and that it would
remain the size it is.
Charles Adams made the motion, seconded by Ray Farlow, that the
preliminary plat be approved and to allow the sell of lots with the
condition that the roads be paved in the Spring. The motion passed.
5. REZONING REQUESTS:
A. Vance R. Davis, Randleman, North Carolina, is requesting that approximately
2.9 acres of land located on Highway 22, Providence Township, be rezoned
from Residential Restricted to Light Industrial/Conditional Use. Zoning
`� Map #7795. It is the desire of the applicant to use the land for
industrial development.
Vance Davis was present at the meeting and explained to the Board that
he wanted to construct a 5,000 sq. ft. building for the purpose of
manufacturing stairs and handrails. He stated that he would have 14
employees and didn't not expect much expansion. He also told the Board
that a large portion of the work was done it in field rather than in
the shop. Davis said that the adjoining property owner had sold him the
property and that he was aware of the type of development Mr. Davis
was planning. Davis told the Board that the building would be set off the
road approximately 100 feet because his parking would be in front of the
building.
Hal Johnson asked Mr. Davis if he had had the Health Department out to
inspection for a spetic tank and he said no that the property had been
perked for a single family residence before he purchased the property.
There was no one at the meeting to speak in opposition of this request.
Mr. Davis showed the Board floor plans for his metal building and
a picture of a similar building.
Guy Troy expressed his concerns that the Land Use Plan does not show
this type of development in this area (it shows it as prime residential
area) and that if this was approved would it be setting a precedence.
Vance Davis told the Board that there was two business located within
600' of this property, a cabinet shop and a VW repair shop.
Guy Troy made the motion to recommend the request be denied because
the request was not what the Land Use Plan projected for that area of the
County. This motion was not seconded.
Chairman Hancock asked for another motion and Bill Dorsett made the
motion to recommend the request be approved with notice that it is not
in line with the Land Use Plan.
Hal Johnson called the roll for a vote: Don Hancock, with the motion;
Doyle Stout, against the motion: Ray Farlow, against the motion; Charles
Adams, with the motion; Guy Troy, against the motion; Lynden Craven, with
the motion; Bill Dorsett, with the motion. The motion passed with a 4 to 3
vote.
B. Charles T. Foster, Trinity, North Carolina, is requesting that approximately
15,000 sq. ft. of land located on the southeast corner of SR 1619/1620,
Trinity Township, be rezoned from Residential Agricultural to Light
Industrial. It is the desire of the applicant to use the property for
industrial development.
Hal Johnson explained to the Board that the lot was small but that it
was a recorded building lot prior to our ordinances.
Robert York, buyer of this property, told the Board that he planned to
construct a 3700 sq. ft. building, and that the building would be used for
his industrial supply business and that he would rent part of the building
out.
Chairman Hancock stated that our Land Use Plan projected this area for
industrial development.
There was no one at the meeting to speak in opposition of this request.
Doyle Stout made the motion, seconded by Guy Troy, to recommend to the
Commissioners that this request be approved. The motion passed.
C. Gilmore Plant & Bulb Company, Incorporated, Julian, North Carolina, is
requesting that approximately 1 acre of land located on the corner of
SR 2405/1006, Liberty Township, be rezoned from Residential Agricultural
to Highway Commercial/Conditional Use. Zoning Map #8708. It is the
desire of the applicant to construct a building 65' x 35' to locate an
automotive starter repair service.
Betty Gilmore, Jean Blake Realty, explained to the Board that the
Health Department approved a septic tank system for a single family
residence 1 to 2 years ago.
Sylvia Brown, buyer of the property, told the Board that the business
would have only 5 employees.
There was no one at the meeting to speak in opposition of the request.
Guy Troy made the motion, seconded by Ray Farlow, to recommend to the
Commissioners that the approve this request. This motion passed.
D. Kathryn M. Smithey, Trinity, North Carolina, is requesting that
approximately 7 acres located at the Intersection of Highway 62 and
Finch Farm Road, fronting on the west side of Highway 62 adjacent to
Circle "J" Station, Trinity Township, be rezoned from Residential
Agricultural to Highway Commercial. Zoning Map #6797. It is the
desire of the applicant to use the land for commercial development.
Hal Johnson explained to the Board that the building that is located
on the property was constructed with no building, zoning, or septic tank
permits issued.
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Ron Smith, Owner of Circle "J", told the Board that when the flea
market initially started, it was for people just to pull up and park
to sell their products. He did not intend for the structure to go up.
Guy Troy asked Mr. Smith who built the structure. Mr. Smith
said that he allowed one of the persons selling at the flea market to
build it. Mr. Smith went on to say that they were presently using 4 acres
of the property and that they planned to tear down the building that was
presently on the site and build something nicer. He also stated that
he was charging rent for these spaces being used.
Chairman Hancock asked if there was anyone present that would like
to speak in opposition of this request.
John Sullivan, neighboring property owner, discribed this flea
market as an unsightly mess and stated that the area was being saturated
with flea markets. Sullivan told the Board that this is a nice
residential area but that he would have no objection of rezoning this
property if it was for a proper use.
Bill Dorsett and Guy Troy expressed their concerns on the reason
for this request. Troy also stated that he felt there should be some
type of penalty for violating procedures.
Hal Johnson explained that in deciding if a penalty should be
enforced you have to consider if there was an intent to deceive the
County. Mr. Johnson stated that he did not believe there was any
intent to deceive the County in this case.
Chairman Hancock recommended that Mr. Smith, in good faith, remove
the building this is presently on the site and communicate with Building
Inspections and Planning & Zoning before he begins any more development.
Guy Troy made the motion, seconded by Ray Farlow, to table this
request until the proper procedures are taken. This motion passed.
•
(Charles Adams left the meeting at this time becuase of a previously
scheduled appointment.)
6. MISCELLANEOUS:
A. Poultry House Study: Final Subcommittee Report
Hal Johnson gave a brief review of the study process used to develop
recommendations for new Poultry House location in areas of County
jurisdiction:
The issue of placement of new Poultry Houses became a major concern
among a large segment of citizens residing in rural areas of Randolph
County. Residential communities in rural County areas were finding an
increasing number of new Poultry Houses being constructed adjacent to and
extremely close to their residences. The affected citizens asked, during
the series of Community meetings conducted concerning Countywide Zoning,
if County government could use its regulatory authority to regulate
placement of enw Poultry Houses. In an effort to address these concerns,
the Planning Board established a Subcommittee to further study this
problem.
After numbers meetings with farmers, agricultural representatives,
poultry suppliers, and County cizitens, the Subcommittee recommends the
following regulations relative to the placement of new Poultry Houses:
1. Poultry Houses must be located on a minimum ten (10) acre tract.
2. No Poultry House shall be located within 300 feet of an existing
residence other than a residence located on said property with
Poultry House.
3. A plan indicating the procedures and process for dead poultry disposal
shall be filed with the County upon application for a permit.
4. New Poultry Houses shall be located only in a Residential-Agricultural
zoned district.
5. Prior to new construction the poultry house developer shall obtain a
Poultry House Permit from the Randolph County Planning Department which
will require such information as to indicate compliance with these
regulations. There will be no fee charged for this permit.
6. This Ordinance applies to the location of new Poultry Houses and does
not impose regulations on those Poultry Houses in existance at the time
of adoption. Existing Poultry Houses destroyed by natural causes can be
replaced on original site.
From the very beginning, a concern of the County has been that as a
agricultural use of land would a Poultry House be considered a "bonafide
farm" under G.S. 153A-340 (County Zoning Act) ; thus granting Poultry Houses
exemption from County Zoning authority? As a result of these concerns
a letter was written to Phil Green, Progessor of Law and Assistant Director
of the UNC-CH Institute of Government asking his opinion on Poultry House
exemption under North Carolina laws.
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After review and discussion it was the opinion of the Planning
Board that where the agricultural operation is only a poultry operation
in which poultry (chickens and eggs) is the only product, this operation
would not be normally considered as a "bonafide farm" and thus subject
to a minimum County regulatory ability.
Chairman Hancock asked for a motion to present recommendations to
the Board of Commissioners. Bill Dorsett made the motion, seconded by
Guy Troy, to present these recommendations to the Commissioners with a
copy of Phil Green's letter dated November 16, 1987. This motion passed.
Recommendations from the Planning Board will be forwarded to the
Board of County Commissioners for their review and consideration.
Hal Johnson indicated that he would also seek an opinion from the
North Carolina Attorney General prior to a Board of Commissioners action.
B. Hal Johnson told the Board that this was Chairman Hancock's last
meeting and that he was honored at the Commissioners meeting on Monday.
He stated that Mr. Hancock had been a charter member for 22 years.
Chairman Hancock expressed his appreciation to the Planning Board
for serving, the good job the Planning Department staff had always done,
and that he will miss serving on this Board.
C. Hal Johnson reported that the Board of County Commissioners had appointed
Lynden Craven and Bill Dorsett to serve as regular members on the Planning
Board. Allen Holt has also been appointed by the Commissioners to serve
as an Alternate member.
7. Chairman Hancock adjourned the meeting at 2:53 p.m.
•
RANDOLPH COUNTY
NORTH CAROLINA
Planning Director
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. j /987 $ 21'62
ATTESTED:
DATE S retary
oacir. No4 ,
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1779
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