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RANDOLPH COUNTY PLANNING BOARD
May 14, 2019, 6:30 p.m.
MINUTES
The Randolph County Planning Board met on Tuesday, May 14, 2019 in the Commissioners
Meeting Room, Randolph County Historic Courthouse at 145-C Worth Street, Asheboro,
North Carolina.
Chairman Pell called the meeting to order at 6:30 p.m.
Planning Director Jay Dale did the roll call of the Board members:
Reid Pell, Chairman, present;
Wayne Joyce, Vice Chairman, present;
Chris McLeod, present;
John Cable, present;
Keith Slusher, present;
Kemp Davis, present;
Ralph Modlin, present; and
Michael Koehler, Alternate, present.
County Attorney Ben Morgan was also present for the meeting.
Dale informed Pell there was a quorum present for the meeting.
Pell called for a motion on the approval of the minutes from the April 2, 2019, Planning Board
meeting. Slusher made the motion, seconded by Cable to approve the minutes as presented.
The motion passed unanimously.
REZONING CASE #2018-000000886
SHABAN USMAN, Ramseur, NC, is requesting that 2.00 acres at 5328
Shady Hollow Rd, Columbia Township, Sandy Creek Watershed, be
rezoned from RA – Residential Agricultural District to HI-CD – Heavy
Industrial – Conditional District. Tax ID# 8714694805. Rural Growth
Area. The proposed Conditional Zoning District would specifically allow
a custom meat slaughter facility in a proposed 2,500 sq. ft. building with
a maximum of five employees as per site plan. Property owner:
Muhammed Usman.
Randolph County Planning Board Minutes May 14, 2019 Page 1 of 10
Dale presented the first case for the evening as described in the agenda for Shaban Usman’s
request for rezoning. He also explained to the Board that serious zoning violations have been
discovered in preparing the case. He said it is not normal procedure to accept applications
with current zoning violations.
Pell asked if there was anyone present that would like to speak on behalf of the request.
Shaban Usman, 5328 Shady Hollow Rd., Staley, NC told the Board that the construction
phase of the project would include cleaning up the property, eliminating the zoning
violations.
Usman said he is requesting to operate a custom slaughter facility with up to five employees,
processing beef cows, goats and lamb. Dale asked what “custom” meant. Usman said the
meat is packaged to the customers’ request and the facility is state inspected.
McLeod asked about the hours of operation and how many days a week. Usman said the
hours would be 7 a.m. until 4 p.m., five days a week.
Slusher asked if he planned to process animals other than cows, goats and lamb in the future.
Usman answered no.
Slusher asked how many animals he planned to process each week. Usman said there would
be approximately 25 goats or lamb and maybe 5-6 beef cows each week.
Davis asked how many animals would be kept on the property and what type of outside
facility he planned for the animals. Usman said there would be pole barns on the remaining
98 acres to store the live animals and there may be 50-60 at any given time.
Davis asked if they would be holding and feeding the animals on the property. Usman
answered yes.
Slusher asked if the animals on site would be held for the customers or would the animals
be their own. Usman said they would hold animals for the customer until time of processing
and they would have additional animals on site for purchase.
McLeod asked when the clean-up process for the zoning violations was planned to begin.
Usman said they planned to start immediately after approval of their request.
Cable asked why the clean up had not taken place prior the request. Usman said he was told
it would be a waste of time and money, using unnecessary resources if not approved. He said
he plans to start the process and have soil tested if request is approved. Cable asked who
told him that cleaning up the property would be a waste of time. Usman said the demolition
contractors had told him he should not invest money into the project if it could not move
forward.
Davis asked how long he had owned the property. Usman said one year.
Randolph County Planning Board Minutes May 14, 2019 Page 2 of 10
Joyce asked if he purchased the property in this condition. Usman said the property was
actually worse when they purchased it.
Joyce asked if he operates a slaughterhouse currently in another location. Usman said he
operates a retail store but not a slaughterhouse.
Slusher asked how much traffic would be created by the business. Usman said they would
be purchasing animals once a week and the animals would be shipped to the facility.
Davis asked if it is a lengthy process to become certified. Usman answered yes. Davis asked
Usman if he had been in contact with USDA. Usman said the main concern for USDA is the
building which seems to be okay. He said they also suggested waiting for zoning approval
before moving forward.
Davis asked if USDA had inspected the building. Usman answered no. He said USDA has a
minimum height requirement for the building, not a minimum size requirement.
Morgan asked if there would be an inspector in the building all of the time and would it be
federally inspected. Usman said there would be an inspector and he would not start out large
enough to be federally inspected. Morgan asked what size operation requires federal
inspection. Usman said he did not know.
Davis asked if he would be inspected by the State although he would not be federally
inspected. Usman answered yes.
Cable asked if he had checked on the State requirements. Usman answered no.
Modlin asked if the property has road frontage. Usman said they have an easement into the
property.
Cable asked how long he spent on the plan for this facility. Usman said it has been
approximately one year.
Koehler asked if there was some type of incinerator for the wastes from the animals or how
would it be disposed of. Usman said there is a company that picks the wastes up daily. He
said the blood is held in storage tanks and the solid wastes are hauled off daily.
Joyce asked if there is approved access for the larger trucks. Usman said there is a 50 ft.
easement.
Modlin asked if the easement was a dirt road. Usman answered yes. Modlin asked who
would maintain the road. Usman said he would be responsible and would like to pave the
road in the future.
Cable asked if a well would be located near the slaughterhouse and asked who created his
Randolph County Planning Board Minutes May 14, 2019 Page 3 of 10
site plan for him. Usman said Thomas Perdue, project engineer, had created the site plan and
is present if there are any questions for him.
Pell asked if anyone else was present in favor of the request. Hearing none, Pell asked if
anyone present was in opposition of the request.
Buddy Mabe, 5324 Shady Hollow Rd., said he would like to see the existing zoning violations
cleared up before considering the request for a slaughter facility. He also said some of his
concerns had already been addressed although he has additional concerns regarding the
additional traffic that would be generated by customers bringing their own animals to the
facility for processing and whether or not buffers would be required to help with the noise
created from the traffic and animals. He also asked if the large trucks would be allowed to
travel to and from the facility beyond the normal hours of operation.
Davis asked Mabe what distance was between his residence and the proposed facility. Mabe
explained the location based on maps provided to the Board as being up the hill from the
proposed facility approximately 500-600 ft.
Davis asked what his main concerns were for this request. Mabe said he has concerns about
noise, waste, hours that trucks will be traveling in and out of the facility and water quality.
Modlin asked if their road was a rural two-lane road. Mabe said it is more like a one lane
road without markings. He said there is a total of four houses on the road which dead ends
into a cul-de-sac.
Cable asked if there is enough room on the property for large trucks to turn around. Mabe
said he did not think so.
Pell asked if there was anyone else present that would like to speak in opposition of the
request.
Bill Johnson, 5407 Sandy Creek Church Rd., Staley, said his residence is only one-half mile
away “as the crow flies.” He said he also owns property on Shady Hollow Rd., some with his
siblings and a partner in Shady Hollow Acres Development, LLC, adjoining the property.
He said he started a subdivision approximately ten years ago when the market crashed and
has not had luck selling the property. He said he feels that having a slaughterhouse adjoining
the subdivision will also affect the sale of the properties and property values.
Johnson said he has some of the same concerns as Mr. Mabe regarding the traffic and
disposal of animal waste. He said if someone were to kill a deer during the night and brought
the animal to be processed, what extended hours will be allowed for the traffic and how will
the waste be disposed of prior to the facility opening the next morning.
Pell asked the Board members if they had any questions for Mr. Johnson.
Randolph County Planning Board Minutes May 14, 2019 Page 4 of 10
Hearing none, Pell asked Usman if he would be processing deer as well. Usman answered
no.
Modlin asked if there was or used to be a hog operation near this location. Slusher said there
used to be and it is no longer in operation.
Cable said the animal waste issue continues to come up and asked Usman if he already has
a plan worked out for the disposal. Usman said he would be contacting Valley Protein to
handle the wastes and he would follow the requirements. He said he thought the waste were
picked up daily. He said he has not checked into the process in depth at this time.
Modlin asked Usman if he was aware of the challenge he is facing regarding the wastes,
septic system, if water treatment is required, etc. Usman answered yes.
Pell asked Usman if he has an engineer working on the project. Usman answered yes. Pell
asked if there was anyone else present that would like to speak regarding the request.
Thomas Perdue, 1101 Nowell Rd., Raleigh, NC, engineer there on behalf of Mr. Usman. He
said he has designed similar facilities before and will have everything completed as required
by the State prior to operation of the facility including proper disposal of waste which would
not be an issue for the adjoining neighbors to deal with.
Davis asked why an actual plan had not been completed before the meeting to answer all of
these questions. Perdue said he felt there would be no need for Usman to spend the money
to complete the plan prior to appropriate zoning. He said if the request is approved, he is
ready to proceed.
Cable said there are too many variables to this request and Usman did not seem to know
clear answers to some of the questions that were asked. He asked Perdue if he was a site
engineer or operations engineer. Perdue stated he was a site engineer.
Cable asked if the easement and the designated area of the property would be enough space
for large trucks to access and turn around. Perdue said there would be appropriate turn
around areas on the property.
Cable asked if there was adequate water on the property. Perdue said a new well would be
installed on site.
Davis asked who owns the property surrounding the requested 2 acres and if the requested
2 acres would be large enough to maintain the facility and waste? Perdue said the 2 acres
would be used for slaughter house, septic and parking. Davis asked if the owner would be
willing to install a buffer if required. Perdue said he did not know.
Modlin asked how far from the 2 acres is the closest neighbor. Perdue said he was unsure
without a scaled drawing in front of him.
Randolph County Planning Board Minutes May 14, 2019 Page 5 of 10
Cable asked Perdue how many times he had visited the site to design the property. Perdue
said he had been there once to walk over the property and look at everything. Cable asked if
he had walked over the entire property or just the approximate 2 acres for the request.
Perdue said he walked over the 2 acres but had to walk through some of the property to get
to the 2 acres.
Cable asked Perdue if he was a certified engineer or just an associate of the company.
Perdue stated that he was a certified engineer for the State of North Carolina and works for
McConnell & Associates.
Pell asked how much debris was located on the 2 acres. Perdue said the owner would be
better to answer that question because he had not been there in a while and the owners were
in the process of some clean up.
Pell said the property is already in violation and the debris is a major concern. Perdue said
the cleanup of the property would be part of the construction phase of the facility.
Slusher asked if debris was located on more than just the 2 acres as part of the request. Dale
answered yes.
McLeod asked if the clean up would be required on just the 2 acres or the entire property.
Dale said all of the property would have to be cleaned up.
Pell asked Dale about the actual violations. Dale said any area on the property in excess of
600 sq. ft. is considered a junk yard.
Pell asked if there were any additional questions for Mr. Perdue. Hearing none, Pell asked if
there was anyone else present that would like to speak regarding the request.
Hearing none, Pell closed the public hearing and asked the Board for discussion or a motion.
Slusher said he has many concerns such as the effects this would have on the adjoining
properties and their property values, increased traffic and even if there is enough room for
large trucks to turn around in an area with a building and holding pens. He said he just
doesn’t feel this is a good location for the request.
Slusher made the motion, seconded by Cable to deny the request. The motion passed
unanimously.
Pell asked for a motion that application is contrary to the requirements of the Randolph
County Growth Management Plan.
Davis made the motion, seconded by Slusher that the application is contrary to the
requirements of the Randolph County Growth Management Plan. The motion passed
unanimously.
Randolph County Planning Board Minutes May 14, 2019 Page 6 of 10
Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County
Planning Board finds that the proposed zoning district map amendments to HI-CD – Heavy
Industrial – Conditional District as described in the application of Shaban Usman are not
consistent with the 2009 Randolph County Growth Management Plan and are not reasonable
and in the public interest for the following reasons:
1. Determination of Consistency with the Growth Management Plan.
A. Consistency with Growth Management Plan Map
The Randolph County Growth Management Plan map for the northeast area shows the
parcel to be rezoned in an area designated as Rural Growth Area. Rural Growth Areas
are areas where maintaining the rural character and the natural heritage asset
resources are important. This request, if approved, would have changed the rural
character of the surrounding area.
B. Consistency with Growth Policies in the Growth Management Plan
Policy 3.1 Industrial development should be on land that is physically suitable and has
unique locational advantages for industry. Advances planning for the identification of
such land should be encouraged.
Consistency Analysis: The location for this request is off of Shady Hollow Rd, but has
no road frontage on Shady Hollow Rd. The property also abuts a residential
subdivision, Janet Johnson Subdivision. While the acreage of the parcel may be
sufficient, 100.00 acres, the site is not physically suitable nor has unique locational
advantages for industry. During the Public Hearing, Planning Board members asked
specific questions of the applicant and engineer related to the site plan, requirements
for Federal and State inspections and other regulations specific to this type of
operation and neither the applicant nor this engineer could provide conclusive
answers to the questions.
Policy 3.2 Heavy industrial sites should be separated from nonindustrial areas by
natural features, green belts and/or other suitable means.
Consistency Analysis: The site plan as presented included no buffers to protect the
surrounding areas. As noted above, Planning Board members asked questions
regarding buffers but the applicant nor his engineer were able to provide specific
answers to these questions.
2. Statement of Reasonableness and Public Interest
Reasonableness and Public Interest Analysis:
This request is not reasonable and in the public interests for reasons stated above
such as the applicant nor his engineer being able to provide answers to specific
questions regarding the building design, Federal and State inspection requirements,
and other specific questions regarding the disposal of the remains of animals
prepared at the proposed facility. The request is also located within the Sandy Creek
Watershed and nothing was presented to the Planning Board to address any potential
impacts to the watershed.
Randolph County Planning Board Minutes May 14, 2019 Page 7 of 10
Dale announced to Usman that the Randolph County Planning Board denied his request for
rezoning.
REZONING CASE #2019-00000949
DONALD LANIER, Asheboro, North Carolina, is requesting that 111.61
acres located on Tot Hill Farm Rd, Cedar Grove Township, be rezoned
from Residential Agriculture to Conventional Subdivision Overlay
Exclusive-Conditional District. Tax ID# 7628791829 and 7629609953.
Secondary Growth Area. The proposed Conditional Zoning District would
specifically allow the development of a 26 lot residential subdivision for
site-built homes only with a minimum house size of 1,800 heated sq. ft.
or 1600 heated sq. ft. with 2000 sq. ft. under roof as per site plan.
Dale presented the last case of the night for a rezoning request by Donald Lanier, as
described in the agenda.
Pell asked if there was anyone present to speak on behalf of the request.
Donald Lanier, 6048 Sandy Creek Church Rd., Staley, NC, was there on behalf of the property
owner. He said that each lot would have its own driveway adjoining Tot Hill Farm Rd and the
development would be restricted to site built homes only ranging from 250 to 350 thousand
dollars. He also said there would be restrictive covenants recorded that would prevent
parked tractor trailers, junk cars, commercial livestock, etc.
McLeod asked if this development would be similar to a development he was involved with
on Old Lexington Rd. Lanier answered yes. He said it has turned out to be a nice development
with several families already living there and starting construction on the last available tract,
all within a year and a half.
Davis asked how many lots were available in the development off Old Lexington Rd. Lanier
said there were ten lots with one additional large acreage tract in the back. Davis asked if the
development was full and completed. Lanier said there are five families already living there,
five homes under construction with two of those already under contract, leaving only three
available and getting started on the eleventh home on the large acreage tract.
Pell asked if there was anyone else that would like to speak on behalf of the request. Hearing
none, Pell asked if there was any present in opposition of the request.
Hearing none, Pell closed the public hearing and called for discussion among the Board
members or a motion.
McLeod made the motion, seconded by Joyce to approve the request. The motion passed
unanimously.
Randolph County Planning Board Minutes May 14, 2019 Page 8 of 10
Pell asked for a motion that application meets the requirements of the Randolph County
Growth Management Plan.
Cable made the motion, seconded by McLeod, that the request meets the requirements of
the Randolph County Growth Management Plan. The motion passed unanimously.
Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning
Board finds that the proposed zoning district map amendments to CVOE-CD – Conventional
Subdivision Overlay Exclusive – Conditional District as described in the application of Donald Lanier
are consistent with the 2009 Randolph County Growth Management Plan and are reasonable and in
the public interest for the following reasons:
1. Determination of Consistency with the Growth Management Plan.
A. Consistency with Growth Management Plan Map
The Randolph County Growth Management Plan map for the southwest area shows
the parcel to be rezoned in an area designated as Secondary Growth Area. Secondary
Growth Areas are predominately residential and allow for transitional land uses. This
area of the County is predominately residential with the large subdivision closest to
this request being Tot Hill Farm Subdivision.
B. Consistency with Growth Policies in the Growth Management Plan
Policy 6.13 Conventional residential subdivision are anticipated of similar housing
characteristics to the community.
Consistency Analysis: The predominate development patterns in this area of the
County are conventional residential subdivisions. The proposal would be of similar
housing characteristics to the community.
A Resolution Adopting the 2009 Randolph County Growth Management Plan, number 3,
“Ensure the opportunity for landowners to achieve the highest and best uses of their
land that are consistent with growth management policies in order to protect the
economic viability of the County’s citizens and tax base.”
Consistency Analysis: As previously stated, the predominate development patterns
in this area is conventional residential subdivisions. The proposal is consistent with
the Growth Management Policies of the County as it allows the current property
owner to achieve the highest and best use of their property.
2. Statement of Reasonableness and Public Interest
Reasonableness and Public Interest Analysis: The parcel in this rezoning request
is subject to the Conditions agreed upon between the property owner and the
Planning Board. These Conditions will limit the amount and type of development on
the property reducing the impact on adjoining parcels. The proposed use will also
increase the tax base and increase economic activity within the County.
Randolph County Planning Board Minutes May 14, 2019 Page 9 of 10
Dale announced to Lanier that the Randolph County Planning Board approved his request
for rezoning.
Slusher made the motion, seconded by Cable for the Randolph County Planning Board to
adjourn. The motion was unanimous and the meeting adjourned at 7:08 p.m. with 9 citizens
present.
RANDOLPH COUNTY
NORTH CAROLINA
_______________________________________
Planning Director
_______________________________________ ______________________________________________
Clerk to the Board Date
Randolph County Planning Board Minutes May 14, 2019 Page 10 of 10