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12DecemberPB •es ' ;,i..=G MINUTES tit t .47 RANDOLPH COUNTY PLANNING BOARD 71 tDecember 5, 1995 1. Vice Chairman Aweilda Williams called to Order the Randolph County Planning Board Meeting at 7 : 00 p.m. 2. Hal Johnson, Planning Director, called roll of the members: Charles Adams, Chairman, absent; Aweilda Williams, Vice Chairman, present; Tim Poole, present; Lynden Craven, absent; Jim Routh, present; Bill Dorsett, present; Phil Brower, present; and Maxton McDowell, Alternate, present (substituting for regular member Charles Adams) . 3. Phil Brower made the motion, seconded by Jim Routh, to approve the Minutes of the November 9, 1995 and October 30, 1995 Randolph County Planning Meetings. The motion passed unanimously. 4. REZONING REQUESTS: A: JAMES WORTH HEATH, Randleman, North Carolina, is requesting that 15. 50 acres located on Branson Mill Road (across from Mason Drive) , Level Cross Township, be rezoned from Residential Agricultural to Residential Restricted. Zoning Map #7768 . It is the desire of the applicant to develop an extension of Toomes Woods Subdivision of 15 lots . Worth Heath was present and explained that this is the last section of Toomes Woods and it will be developed with the same restrictions as the other sections. Chuck Hennis, adjoining property owner, said that he was representing his family in asking the Board to deny this request. Hennis said there is a dispute of 2 . 30 acres of this property as to the ownership. Hennis said that the old land marks there show that his family has owned this land and he had deeds dating back to 1965 to prove this . Hennis said that his attorney has sent letters to the Tax Department disputing the ownership of the property. Hennis said that his surveyor and Heath' s surveyor have met and have been unable to settle this dispute. Johnson explained that this is not the role of the Planning Board to make decisions on property line disputes, rather it is the role of the Planning Board to determine if the rezoning request would be appropriate zoning for the property. Johnson added that property ownership disputes are settled through the court system. Hennis said that he did not blame Heath for this problem, that he felt this property dispute was created prior to him purchasing the property. Hennis said that the problem dates back to when the Toomes ' owned the property and that the lawyers are wanting to settle the problem out of court. Board member Jim Routh asked Heath to comment on this situation. Heath said that this has been on-going since he purchased the property. Heath said that his surveyor, Roger Cagle, says his survey his correct. Heath said that if Hennis could prove that he owns the property, he would give him the property with no arguments. Heath said that Hennis has been unable to do this and that he had the oldest deed of the property that says it is his. Heath said that there would be no homes placed on the lots until this situation could be settled. Heath added that this has gone to court before when the Toomes ' owned the land and the results was that Robert Toomes owned the land. Hennis contradicted this statement. Tim Poole said that this zoning would be consistent with current development in the area and that property line disputes should be settled in the courts . For this reason Poole made the motion, seconded by Phil Brower, to recommend to the Commissioners that this request be approved. Jim Routh said he felt this was a legitimate concern and his feeling was that this should be delayed until a settlement could be made. McDowell agreed with Routh. The motion passed with a 4 to 2 vote. Routh and McDowell voted against the motion. B: QUIK CHER, INC. , Troy, North Carolina, is requesting that 3 acres located off Business 220 on Little River Road, Richland Township, be rezoned from Residential Agricultural to Highway Commercial/Conditional Use. Zoning Map #7665 . It is the desire of the applicant to use the property for parking of customers of the Quik Chek store. Dozier was present and explained that when the original request for the 12 acres was filed to be rezoned for the convenience store this property was not under contract. Since this time, a fast food restaurant has agreed to co-habitate the Quik Chek facility so the additional property was needed for additional parking spaces that are required for a restaurant. Dozier said that the property will be used only for parking of customers and also for the septic system. There was no one present in opposition to this request. Bill Dorsett made the motion, seconded by Jim Routh, to recommend to the Commissioners that this request be approved. The motion passed unanimously. C: SALLY CORNWELL, Randleman, North Carolina, is requesting that 23 . 80 acres located on Providence Church Road (just past Old Providence Church Road) , Providence Township, be rezoned from Residential Agricultural to Residential Restricted. It is the desire of the applicant to develop a residential restricted subdivision of 22 lots . Attorney Rodney Mason represented the Cornwell ' s and presented the plat of the property to the Board. Mason stated that the Cornwell ' s intend to have restrictions comparable to the adjoining Woodfield Acres Subdivision. Minimum house size will be 1 ,400 sq. ft. and only site built structures will be allowed. Mason said they intend to start development in 6 months and this process will continue for 2 to 5 years . The land would be developed in two phases beginning with lots fronting along Providence Church Road and the newly proposed road will be the second phase. There was no one present in opposition to this request. (One adjoining property owner requested to view the proposed map. ) Jim Routh made the motion, seconded by Tim Poole, to recommend to the Commissioners that this request be approved as consistent with the community. The motion passed unanimously. D: DEAN STALEY & OTHERS, Julian, North Carolina, is requesting that 57 . 90 acres (out of 69 . 40 acre) located on Old Red Cross Road, Providence Township, be rezoned from Residential Agricultural to Residential Restricted. Zoning Map #7797 . It `-' is the desire of the applicant to develop a restricted residential subdivision of 10 lots (minimum lot size 5 acres) . Staley explained that when this request originally came to the Board a few months back he had proposed 42 lots and has now reduced this request to 10 lots. Staley said the zoning being requested would not allow single wides to locate here. Paul Stiver, D C Realty, said that Staley wants to develop this property for quality home sites for young people. Stiver said that after the land is purchased and the home is placed on the property the buyer will have approximately $80 , 000 to $100 , 000 invested in a single lot. Stiver said he felt this would be compatible to the area and would benefit the community. There were 14 people present in opposition to this request. Mildred Hinshaw Guthrey, adjoining property owner, said that she was here on October 3rd with questions and left without any answers . Guthrey said that she wanted to know if the deeded easement would still be valid on this property. Guthrey wanted the perking of the property to be monitored by a committee from the community (Guthrey said that this property has had problems perking in the past) and asked what fire district the property was located in. Guthrey also requested a scaled drawing of the property that should show lot lines and where the residences , wells , and septic systems would be located. Guthrey added that she was aware the property is located in a watershed. Williams told Guthrey that the recorded easement would still be valid and that the perking is not handled by the Board, that the Environmental Health Section of the Health Department would see to the perking of the property. Someone in the audience said that the property is in the Climax Fire District. Williams told Guthrey that the Board did not mean to be disrespectfully (if she felt her questions had not be answered) but that several of the questions she had asked were the responsibility of other agencies (than the Planning Board) and that she should present them to those agencies (such as the Fire Department, Health Department, etc. ) that specialize in those fields. Johnson said that in rural areas of the County density is the main concern and the request has been altered from 42 lots to 10 lots . Johnson added that the developer is asking for a zoning that is the highest and would be the best use of the property. Routh asked Staley how long of a road is he proposing. Staley answered 1800 feet. Tim Poole made the motion, seconded by Jim Routh, to recommend to the Commissioners that this request be approved as consistent to the area. The motion passed unanimously. 5 . 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 noting but the truth, so help you God. " 7 citizens took this Oath. 6 . REQUEST FOR A SPECIAL USE PERMIT: A: DARRELL & JUDY LAUGHLIN, Asheboro, North Carolina, is requesting a Special Use Permit to replace an existing 24 x 60 building with a 120 x 60 to be used for a frame shop on their 1 acre lot located at 353 Martin Hill Avenue; Union Township; Zoning Map #7657; Zoning District RA. Laughlin said that his lumber business (frame shop) has been operating here for 18 years. Laughlin has 9 employees currently and plans to added 9 more in the future. This is a full-time business and Laughlin' s house is next to the business . Laughlin said that he plans to tear down the old building once the new building has been constructed. Routh asked Laughlin if he plans to purchase any additional property. Laughlin said there is no more available for sale. Laughlin said that he does own an adjoining 5+ acres to this 1 acre site. Dorsett asked Laughlin what type of traffic comes in to the business . Laughlin said that no tractor-trailers come to the site, that the largest vehicle would be a 10 wheeler. There was no one present in opposition to this request. Tim Poole made the motion, seconded by Maxton McDowell, to approve this request for a Special Use Permit. The motion passed unanimously. B: BOBBY LUTHER, Seagrove, North Carolina, is requesting a Special Use Permit to operate a fire arm sales in the basement of his home located on 2 . 60 acres at 7036 Erect Road; Brower Township; Zoning Map #8606; Zoning District RR. Luther was present and explained that he was issued his original license in 1990 and due to new regulations issued by the ATF he would be required to obtain this permit to renew his fire arms license. Dorsett asked Luther if he discharged any fire arms on site in conjunction with the business. Luther answered no. There was no one present in opposition to this request. Bill Dorsett made the motion to approve this request for a Special Use Permit with the restriction of no discharging of fire arms on the property (in conjunction with the business) . The motion was seconded by Jim Routh and the motion passed unanimously. C: STEVE SUGGS, Asheboro, North Carolina, is requesting a Special Use Permit for the renewal of a Federal Fire Arms license at his residence located at 3270 NC Hwy 134; Union Township; Zoning Map #7657 ; Zoning District RR. Suggs explained that he has had his license since 1986 and this permit would allow him to renew his license at his residence. Dorsett asked Suggs if he discharged fire arms on the premises in conjunction with the business . Suggs answered no. There was no one present in opposition to this request. Jim Routh made the motion to approve this request for a Special Use Permit with the restriction of no discharging of fire arms in conjunction with the business on the premises . Tim Poole seconded this motion and the motion passed unanimously. 7 . Tim Poole made the motion, seconded by Phil Brower, to change the regular meeting time from 7 : 00 p.m. to 6 : 30 p.m. This would allow the Board to meet at the same time as the Commissioners meet to consider zoning changes. The motion passed unanimously. 8 . There were 56 citizens present for this meeting. The meeting adjourned at 8: 15 p.m. NORTH CAROLINA RANDOLPH COUNTY Planning Direc or Date Cl k/Secretary fib 41P 377.N. K , arl%