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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
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