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03MarchPB - Working Session MINUTES RANDOLPH COUNTY PLANNING BOARD March 16, 1993 1 . The special "working session" meeting of the Randolph County Planning Board was called to order at 6 : 30 p.m. 2 . Hal Johnson, Planning Director, called roll of the Board members : all members were present - Phil Brower, Chairman; Aweilda Williams , Vice Chairman; Bill Dorsett; Jim Routh; Doyle Stout; Charles Adams; Lynden Craven; and Maxton McDowell, Alternate. 3 . Hal Johnson told the Board that this was the first time the Board had met for a working session in several years . He said that he wanted to take the opportunity to brief the Planning Board on several key planning issues confronting the Board and County Commissioners . He then listed the specific issues as updates on the following: A: I-85/NW Randolph Development Task Force B: Watershed Regulations C: Lake Reese Watershed Reclassification D: Update on Conditional Use Zoning (Aikens Case) E: Future Land Use Issues 1 . Junk Vehicle 2 . Subdivision 3 . Code Enforcement G: Role of the Planning Board in Decision Making 4 . I-85/NW Randolph Task Force Study Johnson presented a map of this area (Thomasville, High Point, Archdale, Randolph County) and described this area as prime property for good development practices . Johnson said Randolph County, Davidson County, and High Point Economic Development Corporations recently passed resolutions to petition their local government boards (City Councils and Board of Commissioners) to create a Study Task Force. These Boards appointed staff people (August, 1992) to study long range planning issues to determine if Land Use Planning roles are in conflict or harmony among all of these governments . Examples of these issues are Planning, Road Systems (transportation) , solid waste issues (if waste from industries are taken to High Point or the County Landfill) , water and sewer issues (to promote industrial development) , annexation agreements . Johnson presented the Board a map that was created from the GIS Mapping Systems of Randolph County and High �.. Point (two different systems) that illustrated lots, roads , zoning districts, and existing water lines for this entire area. Johnson stated that there are plans `-' for topo lines to be added to this map which will be real helpful for designing future water and sewer lines for the promotion of industrial development. Johnson stated that future issues of this Task Force will be financing options for water and sewer extension. Johnson invited the Planning Board to attend the first public meeting (April 13th at 7 : 00 p.m. at Trinity High School) where this Task Force will have a presentation for citizen input (their needs or concerns) . Johnson said that after the meeting the Task Force will put together a proposal to bring to Planning Boards (High Point, Randolph County, Archdale, Thomasville) . The Planning Boards will make a recommendation to Board of Commissioners or City Councils. Johnson said there will possibly be joint Planning Board meetings (High Point, Thomasville, Archdale, Randolph County Planning Boards) in late Spring or early Summer. This study is to promote economic industrial development and what happens once this development occurs with water and sewer lines is the residential subdivisions (existing and proposed) will have the opportunity to tap on to these lines . Johnson expressed the opinion that this would not stop in this area of Randolph County, these studies could possibly apply around the City of Asheboro. 5. Update of Watershed Regulations Johnson presented a Watershed Map of Randolph County with the newly approved, by the State, Watersheds. Johnson explained that Randolph County has enforced Water Quality Critical Area regulations (WQCA) since January 1988 . Johnson said that the Board of Commissioners passed WQCA regulations for areas within z mile of the high water mark of all reservoirs in the County. Johnson said that the State is now mandating WQCA regulations be regulated by local governments . The State is requiring that Municipalities of more than 5, 000 people implement these regulations by July, 1993 those with less than 5 , 000 people by August, 1993, and the Counties are required to implement by January, 1994 . Johnson stated that the County is currently working in coordination with PTCOG and the local municipalities (within Watershed Areas) to develop ordinances to more unify regulations in Randolph County. Johnson added that Randolph County has been asked to enforce these regulations by Seagrove and Staley because of their lack of staff to control this undertaking. Johnson explained that the State has created two options for local governments control: 1 . High Density Option: 70% impervious surface - requiring a wet detention (pond construction) , this ultimately would become the responsibility of the County. 2 . Low Density Option: 12% impervious surface - this would require the remainder of the property to remain vacant. Johnson said that the biggest change in State Watershed Regulations is the amount of impervious surface per tract/lot of land. 6 . LAKE REESE WATERSHED Johnson showed the Board the area of Randolph County effected by Lake Reese Watershed. Johnson described the section (north of I-85) of this watershed that most concerns the County with regulating. Johnson described this area as primarily industrial and prime locations for future industrial development. Johnson stated that the regulation (allowing only 12% impervious surface) would have a major impact on future industrial growth for Northwest Randolph County. Johnson explained the proposal that has been developed (by I-85 Corridor/NW Randolph Task Force) to answer the County' s concerns . The County plans to propose a trade-off to the State. If the State would approve this area for a WS-4 classification (which would allow 70% impervious surface per tract) the County would regulate 1 mile WQCA around the Lake Reese Reservoir (currently the County regulates 2 mile) . Johnson said the County will meet with the City of Asheboro Thursday (March 18th) for their thoughts , and in April the Commissioners will be requested to pass a resolution. Charles Adams questioned the type of industrial development (to be allowed in the area north of I-85) . Johnson answered only clean industry. Johnson stated that High Point has already passed a resolution stating the need to obtain only high quality, clean industry in the Watershed area. 7 . Conditional Use Zoning Update (Aikens Court Case) Johnson stated that one of the points brought out by the Aikens ' Attorney is that the Commissioners failed to take sworn testimony when considered the Conditional Use Rezoning for this request. Johnson explained to the Board that the Board of Adjustment is a quasi judicial Board which requires sworn testimony and also the Board to list Findings of Fact when making a decision but that the Board of Commissioners is a legislative board elected by the people and is not required to have sworn testimony or Findings of Fact. • Johnson stated that in July, 1992 the City of Greensboro changed their ordinances to require sworn `-- testimony and Findings of Fact. Guilford County currently operates as Randolph County (not requiring sworn testimony or Findings of Fact) . Johnson explained that Guilford County had a case to go all the way to the State Supreme Court where they were found to be correct (by the Court) in not requiring sworn testimony or Findings of Fact. Johnson stated that sometimes people confuse Conditional Use Permit with Special Use Permit (thinking they are the same) when one is a rezoning district (approved by the Board of Commissioners) and the other is a permit (approved by the Planning Board) . Johnson said he felt because Asheboro operates differently from Randolph County the Attorney has picked up on this difference. 8 . Future Land Use Issues & Methods of Study A: Junk Vehicles Johnson spoke with the Board concerning their desire to junk vehicle enforcement. Johnson added that the PTCOG has worked for the last few years on information or possible ordinances for Randolph County. Doyle Stout said that if the County citizen is required to continue to pay higher taxes each year they should be receiving new benefits for these extra dollars . Stout stated that the County could make laws concern this problem and possible enforcement could be through the Sheriff' s Department because he knew that Planning & Zoning did not have the personnel for enforcement of such a large task. Aweilda Williams questioned if the citizen could be penalized on their tax statements when found in violation of a junk vehicle ordinance. Bill Dorsett stated that currently the handicapped people volunteer police in ticketing citizens not handicapped parking in handicapped parking spaces . Dorsett said that he felt sure there are citizens that would volunteer to assist with the policing of an ordinance for junk vehicles . B: Subdivisions Johnson explained that in September, 1988 the County addressed the problem of housing types being compatible to the area the development would locate. Prior to this change in the ordinance as long as a developer met our subdivision ordinance the developer was allowed to develop the subdivision. Johnson stated that he felt the County had a good handle on the issue of housing types but that now the issue appears to be density levels. Johnson asked the Board members their opinion of how to handle this problem. Doyle Stout stated that he had canvassed the area from Level Cross to Pisgah and spoken to approximately 1000 people and the four problems he kept hearing were: *water quality - wells going dry, iron in the water, etc. *crime increase of approximately 50% *junk vehicles - people having 2/3 cars in yards *agricultural run-off - from farming Jim Routh questioned the phrase of "Rural Integrity" , Routh said the definition of this phrase is different with each individual that you speak with. Routh questioned the obligation of this Board dealing with the issues of wells and septic tanks, Routh added that he felt this was the responsibility of the Health Department and not of the Planning Board. Aweilda Williams agreed. Aweilda expressed her concerns of the public continuing to use the issue of "rural integrity" . Aweilda said that she felt the major subdivision considered in the Pisgah area (of 59 lots) would have completely changed the community, but she did not feel that the 17 lots in Millboro would have substantially effected that community. Lynden Craven said that he had studied soils for 5 years and that he knew this area' s (Millboro Request of 17 lots) soils were too poor to support such a development. Craven stated that he felt this Board does have an obligation to protect the citizens with issues of water and sewer. Dorsett and Brower agreed. Phil Brower stated that he didn' t see how we could get around considering possible water and sewer problems . Brower refereed to the problems Guilford County is having in large, nice, site-built subdivisions. Bill Dorsett stated that density can cause an adverse effect and must be controlled by someone. Lynden Craven stated that it was the responsibility of this Board to listen to the people of this County. Jim Routh and Aweilda Williams requested the possibility of the Planning Department preparing more residential classifications that would considered housing types/sizes, lot sizes , etc. Johnson stated that the Planning Department would work on a proposal for the Planning Board and schedule another working session as soon as possible. C: Code Enforcement Johnson explained to the Board his intention to request a Code Enforcement Officer in the new budget from County Commissioners . Johnson said the role of Code Enforcement is a full time job and much time has to be spent out of the office. To prepare and enforce the kind of Ordinances the County needs it is essential to have Code Enforcement personnel on the job daily. 9 . The Role of the Planning Board and the Decision Making Process Johnson acknowledged that this item had been discussed at length in the discussion of possible new land use issues . Johnson stated that he want to make sure that the members are receiving all the information and training they need prior to the Public Hearings. Johnson stated that the Board should not hesitate to make a decision and that the members of the Board are citizens trying to make the best decision for everyone involved. Johnson told the Board that they are a good Board, one of the best Planning Boards he has seen, but that the most embarrassing times he has known is when this Board could not make a decision in the Rezoning Request for the Millboro area. Johnson stated that a motion to approve was made with no second, a motion to table was made with no second, and a motion to deny was made with no second. Johnson explained that the Board always has the opportunity to table a request but they should only table if they feel they need more information to make a decision. Johnson told the Board if they table an issue just because there are several citizens present it only requires the same situation to occur at the next meeting. Johnson said the Planning Board should feel proud of the confidence and trust placed in them by the County Commissioners , and that the Commissioners expected the Board to make their honest recommendation on every issue. Phil Brower expressed his opinion that it was good for the Board to have split votes . Johnson agreed and added that this showed the citizens that there is two sides to every case. Aweilda Williams stated that the strengths in this Board is their differences. Bill Dorsett stated that he would like to see this Board require the plan of the containment of fluids for every car repair place they approve. Charles Adams agreed and added that this Board should be concerned with the environment and with each decision made "common sense" should be used. Hal Johnson advised the Board that he would begin the necessary steps to prepare Ordinances to address the concerns mentioned by the Board and County Commissioners. 10 . The meeting adjourned at 8 : 45 . RANDOLPH COUNTY NORTH CAROLINA Planning Direc or 3- l ' - g 3 �� I Date Cl_E:' /Secretary