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RANDOLPH COUNTY PLANNING BOARD
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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
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