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03MarchPB rt "¢ r 1, 6 v�~ ., r r rr! G: t a r MINUTES RANDOLPH COUNTY PLANNING BOARD a , March 5, 1996 There was a meeting held at 6: 30 p.m. , on Tuesday, March 5, 1996, of the Randolph County Planning Board in the Commissioners' Meeting Room, County Office Building, 725 McDowell Road, Asheboro, North Carolina. 1. Chairman Charles Adams called the meeting to Order at 6: 30 p.m. 2. Hal Johnson, Planning Director, called roll of the members: Charles Adams, Chairman, present; Aweilda Williams, Vice Chairman, present; Bill Dorsett, present; Jim Routh, present; Lynden Craven, present; Phil Brower, present; and Maxton McDowell, present. 3. Jim Routh made the motion, seconded by Lynden Craven, to approve the Minutes of the February 1, 1996 and February 13, 1996, Randolph County Planning Board meetings. The motion passed. 4. Swearing in of the Witnesses: "Do you swear or affirm that the information you are about to give is the truth, the whole truth, and nothing but the truth, so help you God. " 9 citizens took this Oath. 5. Johnson announced that the Allen Bullard Rezoning Request would be postponed because the property is still tied up in an estate that has not been settled. If this request is considered at a later date, the Planning Office will re-notify the adjoining property owners. 6. REQUESTS FOR A SPECIAL USE PERMIT: A: KENNETH & VIRGINIA CRANFORD, Randleman, North Carolina, is requesting a Special Use Permit to move an automotive dealers license to his residence located on 1 . 69 acres at 5060 Cherrywood Road; Level Cross Township; Zoning Map #7766; Zoning District RM. Cranford explained that he has lived at this address four years and prior to that time he lived one street over for 19 years . Cranford said his dealers license was issued for that address in 1987 . When questioned about the junk vehicles on the property, Cranford said that he had 30+ cars and that the crusher would be coming in next week to get rid of them. Cranford said that the cars at the beginning of the drive (on his property) were is brother-in-law' s who lives next door. Cranford said that he sales cars, but that the junk vehicles were brought on the property since he moved here. Most of the cars do not have motors. Williams asked Cranford what provisions he had for fluids that come from the vehicles. Cranford answered that most of the cars are wrecked and that the fluids run out at the site of the accident, so the cars don' t have fluids by the time they reach his property. Dorsett asked Cranford about the number vehicles on his property (1 old junk mobile home) and if he could remove some of the vehicles and provide some type of buffer. Cranford said that he has sold one of the cars so it will be moved and he could put up a fence. Charles Fields, Cherrywood Road, said that he felt this would decrease the property values to allow this operation to continue. Fields said this is all ready an eyesore and a fence would not help this problem due to the topography of the land. Clark said that the lot was wooded before Cranford moved here (4 years ago) and he moved all the junk vehicles to this property. Fields added that some of the cars are located within a right-of-way. Edwin Smith, owns property directly in behind Cranford, showed the Board a map of the area and said that you can see these junk vehicles before you turn down the drive. Smith said that the property is located within a water critical area and the last time this came up at public hearing the Board told him he should clean the property up and this has not been done. Smith said that there is the Level Cross Elementary School proposed for property adjoining his. Smith said that this type of development would not encourage residential growth in this area. There were 5 citizens present in opposition to this request. Dorsett said that Cranford has indicated his intentions of an auto salvage yard and this would need to be zoned LI for this activity. This Special Use Permit would allow him (if approved) to strictly sale cars only. Dorsett said that in good conscious he did not feel good about approving this. Craven said that the County is trying to clean up areas such as this and this would be detrimental to the area. Craven said that he felt the lot is too small for this type of business. For these reasons Craven made the motion to deny this request. The motion was seconded by Phil Brower and the motion passed unanimously. B: PERRY J. SCOTT, Dayton, Ohio, is requesting a Special Use Permit to allow a 4, 800 sq. ft. storage building on property prior to residence located on 95 . 29 acres at 1413 Mt. View Church Road (4/10 mile off Caraway Mountain Road) ; Back Creek Township; Zoning Map #7732; Zoning District RA. Aweilda Williams abstained from participation of discussion or voting on this request due to conflict. Scott said that he has owned the property for 7 months and plans to build his residence here in the next year to two years. Scott said that he plans to build this building and his residence on the south side of the road (approximately 1000 feet off the road) . Scott said that he has collected over 1 million record albums and needs a place to store them. Scott said that this is a hobby, not a commercial business . These antique records are 78s, 45s, and LPs . Scott said that he has no plans to ever sell any of the land. The building will not be visible from the road and he will only clear trees enough to build the building. Bill Campbell, 1725 Mt. View Church Road, said that he was concerned with where the building would be built and if more buildings were constructed if he would have to come back to the Board. Scott had explained the location of the building and Johnson said that he would be required to come back to the Board for future development. Calvin Hunt, 1740 Mt. View Church Road, asked if this would change the zoning of the properties in this area. Johnson said if this request is approved it would not change the zoning. James Whitt, owns property across road from this ... site, said that he worried about the property perking. Whitt said that if the building is built before the property is tested (for septic tank) there may be problems locating his residence here . Dorsett said that he sympathized with Scott and said that he would not have a problem with the request if the Board could restrict Scott from subdividing the property. Scott said that he would not have a problem with this restriction being added because he doesn' t plan to ever sell any of the property. Dorsett made the motion, seconded by Craven, to approve this request for a Special Use Permit with the following restrictions : **building must be located midway from side property line to side property line **building must not be visible from the road **property may not be subdivided The motion passed unanimously. C: JAMES & JANICE CHEEK, Bennett, North Carolina, is requesting a Special Use Permit to add a 4 space addition to Town & Country Mobile Home Park located on 25 . 81 acres at 338 Pleasant Ridge Road; Franklinville Township; Zoning Map #7791; Zoning District RM. Cheek said that the lots would be on the back side of the property. Cheek added that there were problems with the drive but they have been taken care of. There was no one present in opposition to this request. Dorsett complimented Cheek on the appearance of this park and said that this was the type of mobile home park to encourage in the county. Lynden Craven motion to approve this request, seconded by Williams. The motion passed unanimously. D: CLINTON VONCANNON, Asheboro, North Carolina, is requesting a Special Use Permit to obtain an automotive dealers license at his residence located on 10 acres at 594 Dawson Miller Road; Cedar Grove Township; Zoning Map #7658; Zoning District RA. Voncannon said that he purchased the property in �.. 1966 and moved his home here in 1973 . Voncannon said that he had 4 junk vehicles at his residence but that the other junk vehicles there are on his mother ' s property. Voncannon said that he wants to have his office at his house and be able to work on cars here. Voncannon said that he would probably have 6 or 8 cars here for the business. Dorsett asked Voncannon about all the junk cars , the junk school bus, and the junk mobile home. Voncannon said that these are located on his mother' s property. Voncannon said that his brother was working on all this before he died. Voncannon said that the problem he had (with removing these cars) was he didn' t know how owned them. (Voncannon said that he is responsible for the land because his mother is in a rest home. ) Bill Bean, 2471 Pisgah Covered Bridge Road, said that this is a rural community and that the junk vehicles are an environmental hazard to the area. Bean presented the Board with pictures of the property and a petition signed by several people in the community opposed to this request. Bean also spoke of concern for the branch that crosses the property. Clyde Lappett, Asheboro, said that this storage of junk vehicles should be a violation of the current regulations and he wanted to know what would be done about it. Dorothy Osborne, Cole Mountain Road, said that the junk vehicles are a pollutant to the area. Liz Miller, Cole Mountain Road, said that she is concerned that more junk vehicles may be brought to the property. There were 8 citizens present in opposition to this request. Dorsett asked Voncannon if he could get the property clean up. Voncannon said he could clean the property up within a month or two. Dorsett made the motion, seconded by Craven, to table this request for 1 month to see how much progress Voncannon will make on bring the property into compliance with Zoning regulations . The motion passed unanimously. 7 . REZONING REQUESTS: A: RANDY SUMMIT, Thomasville, North Carolina, is requesting that 88.26 acres located on Tree Hollow Road, be rezoned from Residential Agricultural to Residential Restricted. Zoning Map #6795 . It is the desire of the applicant to develop a restricted residential subdivision of 72 lots . Johnson explained that the request had been delayed to give the developer and adjoining property owners the time to determine ownership of the road. Frank Greene, Attorney from Thomasville, said that the subdivision plat for East Brook Woods was recorded in 1971 . At this time the road was dedicated for public use and the only way to close the road is through the Road Closing Ordinance (which has not been followed) . Linda Hamilton, Century 21 Realtor, said that there is a need for affordable housing in Randolph County. Hamilton said that the proposed restrictions would enhance the existing community and add to the County' s tax base. Hamilton said that this would be beneficial to the community. Ben Albright, Attorney from Ramseur, said that the present plat of the old subdivision shows a reserve two foot strip at the end of this private road. Albright said that the State did accept a portion of the road for maintenance (but not all the way to the end) . Albright said that the recording of the plat is an "offer" to become a public road but the "offer" must be accepted by some governmental agency such as the County or State. Albright presented Case Law to prove this point. Albright said that the acceptance cannot be just implied by public use but must be officially accepted. Albright was representing 9 of the subdivision residents who were all present. Albright said that this is a legitimate concern, but this is not the only entrance into the subdivision. Albright said his clients have asked that he also oppose the development even from the other ways in. Albright said this would be due to poor soils and his clients requested that soils evaluations be performed prior to approval of the development. Albright added that the end lot is owned by Summit and has the right to use this private road easement but that the adjoining tract of land being proposed for subdivision doesn' t have the `-' right to use this private road access . Albright said that his client has obtained a deed to the two foot portion of land at the end of the road and this deed should be recorded prior to the Commissioners meeting. Connie Pitman, Tree Hollow Road, said that she didn' t feel this would benefit the community it would only place more on an all ready overburdened school system. Dorsett said that he felt the Board should disregard the legal matters of the road and decide if this development would be good for Randolph County and render some type of decision. Dorsett said in other words "would it be okay if it were legal" . Craven said that his concern was ownership of the road and this has been cleared. Craven said that Summit doesn' t have a right to use this access and this development is not compatible to this rural community. For these reasons Craven made the motion to recommend to the Commissioners this request be denied. Dorsett abstained due to not have the information to visit the site. Williams said that she agreed with Dorsett, to look at whether it is compatible to the community. Williams said it seemed that the Board should be looking at the density not this road legality. When questioned Summit said that he expected 60 to 65 lots with an average lot size of 50, 000 sq. ft. Albright said that it seemed to him that this Board would need to consider the road situation due to the need to consider traffic flows and access to the development. Albright said that this is a vital decision. Phil Brower seconded the motion. Routh said that his concern was density levels and that these proposed 72 lots may be 60 or less lots. Routh said that this would be very compatible to the neighborhood and Routh said that he felt this was adequate since the minimum lot size for this area is currently 30, 000 sq. ft. Routh was corrected that the minimum lot size requirement for this area is 40, 000 sq. ft. Routh said that he felt this type of development would be better than the alternative. Craven' s motion failed with a 2 to 3 vote - Routh, Williams, and McDowell voted against the motion. Routh made the motion to recommend to the Commissioners that this request be approved as compatible to the community. Routh noted that the Board would not be considering the legality of the access to the property. Williams said that this is a hard vote with the access being questioned. Routh said that there is access available from two different ways. McDowell said that this request in fact will be heard by the County Commissioners and legality of the road would be a court matter and he seconded the motion. Brower asked the Board how do we look at major subdivisions if you don' t know what accesses will be used and how many accesses are available. Routh said that there is sufficient access to the property by right. Routh said however the property would be better to be used for this type of development rather than the adjoining development on the other side of the property (RM) . Brower said that he was not disputing the proposed use of the property but there are a lot of lots being proposed for possibly one access. Brower said that he felt this is an important issue (access) and that this is a difficult decision. The motion passed by a 3 to 2 vote - Craven and Brower voted against the motion. B: BARBARA COLTRANE & ROBERT LUCK, Asheboro, North Carolina, is requesting that 153 acres located on Old Coleridge Road (on left approximately z mile past Manor Rock Road) , Coleridge Township, be rezoned from Residential Agricultural to Residential Mixed. Zoning Map #8730. It is the desire of the applicants to develop a subdivision of 16 lots that would allow site built or manufactured housing. Luck said that this would allow 15 (10 acre) tracts and a minor 5 lot subdivision on the front portion of the property. Luck said the restrictions would not allow single wide manufactured homes only double wides. Luck proposed for the front small tracts to have masonry foundations but the large would not have this requirement. The road will be approximately 2200 - 2600 feet long. Ben Albright, Attorney and adjoining resident, said that he and his fellow adjoining property owners (12 owners) wanted to see some restrictions applied to the property: **assured that the road would be moved off the property line **all manufactured homes masonry underpinned **requirement that the lots may not be re-subdivided Albright said that it was his understanding that the request was for RR and if this was not the case, he and his clients would be opposed to the zoning change. Victory Thekkekandam, Old Coleridge Road, said that she would be opposed to the development. She said that they purchased their land for peace and solitude and she would be against manufactured housing or low income housing of any kind. Luck said that he would change his request to RR instead of RM. Luck also agreed not to re-subdivide the lots. Johnson informed Luck that the Board would frown upon re-division of any of the lots and this would have to come back to the Board for their approval. Laura Slack, adjoining resident, said that she was against this minor subdivision with the small lots. Slack questioned why the Board would allow these small lots in the country. Greg Lowe, Old Coleridge Road, said that he was concerned about the effects this development would have on the water table. Lowe said that he drilled 5 wells for his residence due to water problems. Neil Johnson, 2683 Old Coleridge Road, said that he was concerned with the fire response coverage with this being located on the edge of a district of a volunteer fire station. Albright commended the developer for not cutting the timber from the property. Williams made the motion to recommend to the Commissioners that this request be approved for Residential Restricted Zoning. Williams added that the road must be moved as agreed upon by the developer and the adjoining property owners. Brower seconded the request. The motion passed unanimously. C: LEE & VANCE ROBERTS, Asheboro, North Carolina, is requesting that 80. 47 acres located on Grantville Lane (across from Young Road) , Grant Township, be rezoned from Residential Agricultural to Residential Restricted. Zoning Map #7790. It is the desire of the applicants to develop a restricted residential subdivision of 33 lots. Vance Roberts was present and explained the changes they have made to the proposed subdivision (since the last time the Board heard this request) . Roberts said that the tracts have increased in size and the number of accesses to Grantville Lane have been reduced. Roberts said only 4 lots will have front access to Grantville Lane. Roberts commented that the Board had approved an extension of the mobile home park that adjoins this property. Faye Cox, 1211 Grantville Lane, presented the Board with a petition of citizens opposed to this development. Cox described the area' s development and said that they had given their fair share to progress. Cox showed the Board a map of the area. L.- Melvin Cox, Grantville Lane, presented a tax map of the area and showed the Board where all the wells and septic tanks have been installed in this area. Cox expressed concern for the water table. Cox discussed traffic and development concerns. Janette Farlow, Grantville Lane, discussed topography slopes and poor soil qualities. Farlow discussed the traffic counts on Grantville Lane and said the DOT expects them to increase. Roberts submitted letter to Board from DOT. Routh said that he felt like the developer has made every effort to provide low density and integrity to the community. Routh said he felt the developer had gone the extra mile. Williams said that she felt the "no cut buffer zone" is worthy of noting. Williams said the entire parcel will be buffered. Williams described the subdivision as the best planned since she ' s been on the Board. Williams made the motion to recommend approval for this request. Routh seconded the motion and the motion passed unanimously. Phil Brower left the meeting at 8: 55 p.m. D: MITCHELL BECK, Randleman, North Carolina, is requesting that 6. 94 acres located on Becks Country Road (off Worthville Road) , Franklinville Township, be rezoned from Residential Agricultural to Light Industrial/Conditional Use. Zoning Map #7774. It is the desire of the applicant to develop an automotive salvage yard. Beck said he has sat through this meeting and watched the Board and wanted to thanked the Board for their nice, patient attention to each of the case that have come up. Beck said that the first thing he wanted to say was that the man that came out to see him at his home was rude and a very poor representative of Randolph County. Beck said that the cars that are in front of his residence have been there since November and were suppose to be remove by Lambert' s Junkyard but due to the weather they have not been able to bring the crusher in and take care of the cars . When asked how many cars Beck had, he answered around 500 to 600 cars. Beck said that the man that came out to see him said that he had only 90 cars in 1991 . Beck said that at the time he came to see him back then he (the code enforcement officer) asked how long he had been there and Beck told him since 1978. Beck said that the code enforcement officer then told him he could do as he please because he was grandfathered in (there prior to zoning) . Beck said when the code enforcement officer came to see him he didn't even get out of his car. Beck said that when the NCDMV asked him, in 1978 , how much property he was going to use he told him 14 acres. Johnson told Beck that he had expanded his car storage since 1987 . Dorsett asked Beck how many cars he planned to store on his property. Beck answered 200 or 300 cars behind his residence. Craven asked Beck what he did with the fluids from his cars . Beck said that most of the fluids are lost in accidents. Beck said that he purchased these vehicles for parts to fix his other cars to sale. Beck said that some car dealers will purchase parts from him. Beck said that he was more or less pushed (by the code enforcement officer) to rezone his property. Beck said all he wanted was time to remove the cars from the front of his residence. Brenda Bishop, 1629 Worthville Road, said that she lives beside Beck and she is not bothered by the business . Bishop said if this is what he wants to do with his land then she is all for it. Rick Scott, 3282 Robin Scott Road, said that his property borders the Beck property for 500 feet in the rear. Scott questioned if Beck does not rezone the property will he be in violation of the zoning. Johnson answered yes. Beck said that he wanted to be able to store 300 or 400 cars on his property. Scott said that he realized that there are aerial photographs in the County that could substantiate the number of cars Beck had on the property in 1991 . Scott said that he didn't want to argue back and forth with Beck that he just wanted to tell the Board why he is opposed to this request. Scott said that once the property was zoned it (this junk storage of cars) would always be there and that this is an unsightly mess. Scott showed the Board pictures of the property taken from Scott' s property and Worthville Road. Beck asked to see the pictures. Scott said that this mess lowers property values of the homes in the area. Scott showed the Board pictures of the homes located within 3/10 mile of this site. Scott discussed concerns of the screening requirements that could be placed on the property and expressed his concerns of the property bordering Polecat Creek (Randleman' s Watershed) and the run off problems that could occur. Jane Cook, 1658 Worthville Road (lives across from Beck) , said that she was opposed to this operation continuing across the road from her house. She said that if he is allowed to continue this operation, after removing the cars in the front of the residence, the next time his backyard is full he will start storing cars in front of his house again (just continue this process) . There were 8 citizens present in opposition to this request. McDowell made the motion to recommend to the Commissioners that this request be denied due to the fact that Beck really does not want to be here (requesting this property to be zoned) and he feels that he was pushed in to the request. Routh seconded this motion and said that Light Industrial zoning would be out of character here, but we could gain some controls if it was rezoned. The motion passed unanimously. E: JIMMY & JUDY CARTER, Asheboro, North Carolina, is requesting that 1. 38 acres (out of 1 . 80 acres) located on Highway 64 (approximately 220 feet past Loflin Pond Road) , Franklinville Township, be rezoned from Residential Agricultural to Highway Commercial. Zoning Map #7781 . It is the desire of the applicants to rezone this remaining property to commercial. Carter said that the other z acre is currently zoned commercial. There was no one present in opposition to this request. Bill Dorsett made the motion, seconded by Williams, to recommend to the Commissioners that this request be approved. The motion passed unanimously. F: CLARENCE GARNER, Randleman, North Carolina, is requesting that 3 . 60 acres located on US Hwy 220 Business North (across from Small Road) , Level Cross Township, be rezoned from Residential Agricultural to Light Industrial. Zoning Map #7766 . It is the desire of the applicant to use the property for industrial purposes . Garner explained that this would allow him to expand his currently business (located on adjoining tract) in the future. There was no one present in opposition to this request. Routh made the motion, seconded by McDowell, to recommend to the Commissioners that this request be approved. The motion passed unanimously. G: GUILFORD & BARBARA CARGAL, High Point, North Carolina, is requesting that . 54 acre located on Tower Avenue, Trinity Township, be rezoned from Residential Mixed to Light Industrial/Conditional Use. Zoning Map #6799. It is the desire of the applicants to build an industrial warehouse and storage building (50 x 90) . Cargal told the Board that all the properties adjacent to this site are being used for industrial purposes. Johnson said that he had received a letter from an adjoining land owner supporting this request. There was no one present in opposition to this request. Routh made the motion, seconded by Craven, to recommend to the Commissioners that this request be approved as consistent with the area. The motion passed unanimously. H: JOHN McDOWELL, Denton, North Carolina, is requesting that 4 acres located on Old NC Hwy 49 (approximately 1 . 4 miles past Dunbar Bridge Road) , Concord Township, be rezoned from Residential Agricultural to Light Industrial. Zoning Map #7608. It is the desire of the applicant to use the property for industrial purposes. McDowell said that his current business has operated here for 26 years and it is his intention to construct a new building in front of his old building. McDowell said that he would use the old building for storage and move his operation into the new building. There was no one present in opposition to this request. McDowell made the motion, seconded by Jim Routh, to recommend to the Commissioners that this request be approved. The motion passed unanimously. 8. The meeting adjourned at 9: 35 p.m. There were 98 citizens present for this meeting. NORTH CAROLINA RANDOLPH COUNTY i( Planning Director /,_;2 - q6 zde,-/L Date Cleri /Secretary tal 5 , tie - rrol esL O=14,T tom.