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10OctoberPB RANDOLOPH COUNTY PLANNING AND DEVELOPMENT 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 DUE TO COVID-19, WE WILL TAKE NECESSARY PRECAUTIONS TO FOLLOW SOCIAL DISTANCING RECOMMENDATIONS FOR THE SAFETY OF OUR CITIZENS, BOARD MEMBERS AND STAFF. RANDOLPH COUNTY PLANNING BOARD AGENDA October 6, 2020 1. Call to Order of the Randolph County Planning Board. 2. Roll call of the Board members: Reid Pell, Chair; Wayne Joyce, Vice Chair; John Cable; Keith Slusher; Kemp Davis; Melinda Vaughan; Ralph Modlin; and Reggie Beeson, Alternate. 3. Consent Agenda: Approval of minutes from September 15, 2020, Planning Board meeting. Approval of agenda for October 6, 2020, Planning Board meeting. Approval of Planning Board Order approving the Special Use Permit for Verizon Wireless and Roger Strickland. Approval of the Consistency, Reasonableness and in the Public Interest Statements for the Rezoning Requests by Trina Seals and Melody L. Hartwell. 4. Old Business. 5. New Business. REZONING REQUEST #2020-00002419 BOBBY EARNHARDT, Asheboro, NC, is requesting that 87.48 acres located Jordan Valley Rd, Tabernacle Township, be rezoned from RA http://www.randolphcountync.gov Residential Agricultural District to CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District. Tax ID #7714527643, 7714727096. Secondary Growth Area. The proposed Conditional Zoning District would specifically allow a 48-lot site-built subdivision with a minimum house size of 1,500 sq. ft. as per site plan. Property Owner: Ashton Jade Earnhardt. REZONING REQUEST #2020-00002420 ACE AVANT REAL PROPERTY COMPANY, INC, Archdale, NC, is requesting that 36.79 acres located on Racine Rd, Providence Township, be rezoned from CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District to CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District. Tax ID #7777767305, 7777865194. Secondary Growth Area. Polecat Creek Watershed. The proposed Conditional Zoning District would specifically allow a 7-lot site-built subdivision with a minimum house size of 1,700 sq. ft. as per site plan. 6. Adjournment. MINUTES RANDOLPH COUNTY PLANNING BOARD September 15, 2020 The Randolph County Planning Board met on Tuesday, September 15, 2020, in the -C Worth Street, Asheboro, NC. Vice-Chair Wayne Joyce called the meeting to order at 6:30 p.m. Jay Dale, Planning Director, called the roll of the members: Reid Pell, Chair, absent; Wayne Joyce, Vice Chair, present; John Cable, absent; Keith Slusher, absent; Kemp Davis, present; Melinda Vaughan, present; Ralph Modlin, present; and Reggie Beeson, Alternate, present. County Attorney, Ben Morgan was also present. Dale informed the Vice-Chair there was a quorum of the members present for the meeting. Joyce called for a motion to approve the consent agenda as presented. 1. Consent Agenda: Approval of minutes from August 4, 2020, Planning Board meeting. Approval of agenda for September 15, 2020, Planning Board meeting. Approval of Planning Board Order approving the Special Use Permit for Matthew Ingold. Davis made the motion to approve the consent agenda as presented with Modlin making the second to the motion. The motion was adopted unanimously. Joyce called for any old business to be brought before the Board. Hearing none, Joyce moved forward with new business. Dale presented the first case of the night along with site plans and pictures of the site and surrounding properties as follows: Randolph County Planning Board Minutes Page 1 of 9 September 15, 2020 SPECIAL USE PERMIT REQUEST #2020-00001655 VERIZON WIRELESS, Charlotte, NC, is requesting a Special Use Permit on the property owned by Jennifer Lauren Kinney at the intersection of NC Hwy 49S and Tot Hill Farm Rd, Municipal Airport Overlay District, Cedar Grove Township. Tax ID# 7639783560. The Special Use Permit would specifically allow the construction of a 185 ft. tall monopole telecommunication tower as per site plan. Joyce opened the public hearing and asked if anyone was present to speak in favor of the Special Use Permit request. Ben Herrick, representative for Verizon, took oath. He told the Board the area around the tower is densely wooded and would not be detrimental to the neighbors, the tower would meet all setback requirements and all the authorization paperwork from the airport authority has been submitted. Herrick asked the Board members if they had any questions for him. Davis asked Dale if anyone had contacted him in opposition of the request. Dale answered no. He said the only calls he had received were from the City of Asheboro regarding the airport which had been taken care of. Joyce asked if anyone else would like to speak in favor of the request. Hearing none, Joyce asked if there was anyone that would like to speak in opposition to the request. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Joyce stated that he felt this would be a good location for a tower to enhance cell service. Davis agreed that it is important to have towers in rural areas. Davis made the motion to approve the Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of use, if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Vaughan made a second to the motion to approve the Special Use Permit request. Joyce called the question on the motion to approve the Special Use Permit request for Verizon and the motion was adopted unanimously and the Special Use Permit was granted. Dale presented the second case of the night along with site plans and pictures of the site ____________________________________________________________________________________ Randolph County Planning Board Minutes Page 2 of 9 September 15, 2020 and surrounding properties as follows: SPECIAL USE PERMIT REQUEST #2020-00002200 ROGER STRICKLAND, Asheboro, NC, is requesting a Special Use Permit on at 2946 NC Hwy 42 S, Grant Township. Tax ID# 7679967946. Fairview Farm Subdivision, Map 1, lots 70-76. The Special Use Permit would specifically allow the construction of a 40 ft. by 50 ft. three bay garage for the repair of lawn mowers and vehicles as per site plan. Joyce opened the public hearing and asked if there was anyone present to speak on behalf of the rezoning request. Roger Strickland, Asheboro, NC, took oath. He explained his plans to build a 40 ft. by 50 ft. building on his property for vehicle and mower repairs in addition to the work he currently performs on Husqvarna equipment. Joyce asked if all the existing materials and equipment on his property would be moved to and stored in the proposed building. Strickland answered no. He said he would be working inside the new building as well as outside and although he keeps mowers on hand for parts, he would have minimum storage outside and would keep everything well maintained. Strickland asked about the minimum setback for his building off the property line. Dale told Strickland there is a five-foot minimum setback for any accessory structure. Modlin asked Strickland if the repair business is his primary occupation. Strickland answered yes. He said he is a Husqvarna dealer and the building he is currently working out of has an area for small engine repair. He said he plans to do basic oil changes and tune-ups in addition to his current work when business slows down in the winter months as a back-up plan. Davis asked Strickland if he currently resides on the property. Strickland answered yes. He said he has been with Husqvarna for about fifteen years and used to rent a location for his business. He said he moved to this property about ten years ago because there was an existing repair garage already on the property. Davis asked Strickland how many vehicles he expects to be on his property at one time. Strickland said he currently has six of his own and there should not be more than ten, probably three to five. He said the vehicles would be not be stored on the property for long periods of time. They would be there long enough for basic maintenance such as oil changes and tune-ups. Vaughan asked about what appeared to be a natural buffer on the north side property line. Strickland said there are dogwoods planted that was already on the property when he purchased it. ____________________________________________________________________________________ Randolph County Planning Board Minutes Page 3 of 9 September 15, 2020 Beeson asked Strickland what was being stored behind the building located to the north of the property. Strickland said there are lawnmowers to be picked up by customers as well as some old lawnmowers that are used for parts. Vaughan asked if those lawnmowers would be moved into the new building. Strickland answered no. He said once he has the property set up like he plans, those lawn mowers would be stored behind the existing fence on the property and once he no longer needs them for parts, they would be hauled off. Joyce asked if he is planning a buffer for his neighbors. Strickland said the neighbors do not have any issues that he is aware of and the neighbor on the north side of his property used to be a mechanic and understands. He said he does not have anything running before 9:00 a.m. or after 10:00 p.m. and is closed to the public after 5:30 p.m. Joyce asked if he plans a buffer on the south side of his property. Strickland said a buffer had not been mentioned, he had not planned one and asked what type of buffer he was referring to. Joyce said some type of an ever-green buffer. Strickland said he had planned on installing a fence in the future for insurance purposes but would not have the funds to do so immediately. Vaughan asked if the fence he was planning would be a see-through fence. Strickland said he would probably install a metal fence with slats to prevent anyone from seeing his operations. Strickland told the Board that he is one of the few people remaining to work on small engines and it is a service to the public for him to do so. Joyce asked the Board if there were any additional questions for Mr. Strickland. Hearing none, Joyce asked if anyone else would like to speak in favor of the request. Hearing none, Joyce asked if there was anyone that would like to speak in opposition to the request. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Davis said they had all been given a letter from Mr. and Mrs. Jerry and Nancy Macon who seemed to have issues with the business regarding the noise and appearance and wanted to make sure the Board recognized the concerns. Joyce said one of their concerns were the engines they hear running until around 10:00 p.m. and the excessive storage on the property. Davis come up with a solution to allow the request and address the concerns of his neighbors. Joyce agreed. He asked Dale if there were any restrictions that could be placed on the property regarding time restraints or buffers. Dale said Morgan could explain the legalities in more detail but there are no zoning requirements for this request. He said the applicant could agree to some restrictions for good will toward his neighbors. He also ____________________________________________________________________________________ Randolph County Planning Board Minutes Page 4 of 9 September 15, 2020 becomes a zoning violation as an illegal junkyard. Beeson said he would like to see an evergreen buffer planted as a good will gesture. Morgan explained to the Board that the conditions could be made part of the application if the applicant agrees and a vote can be made accordingly. There was in-depth discussions amongst the Board members regarding the buffers and what type would be acceptable, the hours of operation and the noise restrictions. Davis said he would like to suggest the evergreen buffer on the southern property line as mentioned by Beeson. Modlin said he would like to see an eight to ten-foot minimum, mature height requirement for the buffer. Vaughan suggested a thirty-inch planting with a ten-foot spacing. Joyce said he would like to suggest that chainsaws and mowers will not run after 7:00 p.m. because he closes to the public at 5:30 p.m. Vaughan asked if the time restrictions would impact him if he was inside the building. She said she knows what it is like to be self-employed, having to work long hours. Strickland told the Board that noise inside the building would not be heard. Joyce asked the Board if there were any additional conditions that needed to be discussed. There was additional discussion regarding the inaccuracies of the property lines shown on the aerial photos. Dale explained there is a margin of error regarding the GIS and the reason for requiring a survey for most applications. Joyce hours of operation to be 9:00 a.m. to 5:30 p.m. for the public, with no chainsaws or mowers running outside after 7:00 p.m., an evergreen buffer to be planted with thirty-inch planting spaced ten feet apart with a minimum mature height of eight to ten feet in height Strickland agreed to make those conditions part of his application. Joyce told Strickland the requirements could be worked out with the Planning Department. Strickland asked about fencing. Dale said that fencing would be up to him although he had mentioned it being required for insurance purposes and the vegetative buffer was the only requirement at this time. Modlin said he would make a motion. Modlin made the motion to approve the Special Use Permit request based on the agreed upon revisions of the application from Mr. Strickland as previously stated including the hours of operation, outdoor noise limitations of 7:00 p.m. and the buffer requirements to be worked out with the Planning Department on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, and that the ____________________________________________________________________________________ Randolph County Planning Board Minutes Page 5 of 9 September 15, 2020 use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of use, if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Vaughan made a second to the motion to approve the Special Use Permit request. Joyce called the question on the motion to approve the Special Use Permit request for Strickland and the motion was adopted unanimously and the Special Use Permit was granted. Dale presented the third case of the night along with site plans and pictures of the site and surrounding properties as follows: REZONING REQUEST #2020-00002202 TRINA SEALS, High Point, NC, is requesting to rezone 3.50 acres on Ramseur Julian Rd, Liberty Township, Tax ID# 8706910541, from RBO-CD Rural Business Overlay-Conditional District to RA Residential Agricultural District. Joyce opened the public hearing and asked if there was anyone present to speak on behalf of the rezoning request. Clifford Seals, Liberty, NC, spouse of Trina Seals, said they purchased the property with no intensions of using the existing welding shop on the property and would like to have it rezoned for residential use only. He also said they have talked with the neighbor on the northern side of their property and are considering splitting an acre off this tract to allow the neighbor an opportunity to have a family member build near them. Joyce asked if he was planning to build on this property. Seals said they have already built on adjoining property on the south of this one. Modlin asked Seals to repeat what he said about splitting the property. Seals said the neighbors on the north side of this property have mentioned to them that they are interested in having a family member build next to them, so they have considered selling them enough property to do so. He said there is no formal deal at this time but would be considering one to two acres to sell. Modlin asked Dale if selling the property would have any effect on the rezoning. Dale said the entire property is currently zoned for a welding shop and if it is rezoned residential, zoning would allow a split if the minimum subdivision requirements are met. Davis asked if the split of the property was part of the request before them. Dale answered no. He said the current request was strictly to down-zone the property to ____________________________________________________________________________________ Randolph County Planning Board Minutes Page 6 of 9 September 15, 2020 residential use. Joyce asked the Board if there were any additional questions for Mr. Seals. Hearing none, Joyce asked if there was anyone else present that would like to speak in favor of the request. Hearing none, Joyce asked if there was anyone present that would like to speak in opposition to the request. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Beeson asked if all the surrounding properties are predominantly residential. Dale answered yes. He said the rezoning for this property was requested for a rural welding shop which never transpired, and the current owner is requesting that it be rezoned back to RA as it was previously zoned. Davis said he does not see a problem with the request. Beeson made the motion to approve the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan. Modlin made a second to the motion to approve the rezoning request. Joyce called the question on the motion to approve the rezoning request for Trina Seals and the motion was adopted unanimously and the rezoning was granted. Dale presented the last case of the night along with site plans and pictures of the site and surrounding properties as follows: REZONING REQUEST #2020-00002324 MELODY L. HARTWELL, Siler City, NC, is requesting to rezone 1.37 acres at 3864 Creekwood Rd, Coleridge Township, Tax ID# 8618792293, from RR Residential Agricultural District to RA Residential Agricultural District. Joyce opened the public hearing and asked if there was anyone present to speak on behalf of the rezoning request. Melody Hartwell, Siler City, NC, said she currently lives in the home located on the property and it is infested with termites and falling apart. She said she would like to tear down the home and replace it with a new singlewide mobile which requires rezoning. She said the singlewide will look nicer and be more affordable for her. Davis asked if anyone was familiar with the history of this property and why it was ____________________________________________________________________________________ Randolph County Planning Board Minutes Page 7 of 9 September 15, 2020 restricted residential. Dale said he is not positive, but it is a very good possibility that the zoning was one of the Council of Government zonings that was placed on the property years ago. Modlin asked if the house being torn down is located on the same property. Hartwell answered yes. Joyce asked if there was anyone else that would like to speak in favor of the request. Hearing none, Joyce asked if there was anyone that would like to speak in opposition of the request. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Modlin said he had no problems with tearing down an old home, cleaning up and making things look nicer and asked if she would be allowed to place a singlewide on the property. Dale said if the property is rezoned to RA it would be allowed. Davis said there is a singlewide currently located on the adjacent property and asked if there had been any complaints. Dale answered no. Vaughan made the motion to approve the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan. Davis made a second to the motion to approve the rezoning request. Joyce called the question on the motion to approve the rezoning request for Hartwell and the motion was adopted unanimously and the rezoning was granted. Having no further business, Joyce called for a motion to adjourn the meeting. Davis made the motion to adjourn with Modlin making the second to the motion. Joyce called the question on the motion to adjourn and the motion was adopted unanimously. The meeting adjourned at 7:17 p.m. with 9 citizens present. ____________________________________________________________________________________ Randolph County Planning Board Minutes Page 8 of 9 September 15, 2020 RANDOLPH COUNTY NORTH CAROLINA _____________________________ Planning Director _____________________________ ___________________________________ Clerk to the Board Date ____________________________________________________________________________________ Randolph County Planning Board Minutes Page 9 of 9 September 15, 2020 COUNTY OF RANDOLPH ORDER APPROVING SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY ROGER STRICKLAND SPECIAL USE REQUEST #2020-00002200 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on September 15, 2020, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 2946 NC Hwy 42S, Asheboro, NC, for the purpose indicated is hereby APPROVED, subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD APPROVES THE APPLICATION FOR A SPECIAL USE PERMIT FOR ROGER STRICKLAND BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. That the use meets all required conditions and specifications; 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY TRINA SEALS REZONING REQUEST #2020-00002202 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to RA – Residential Agriculturalas described in the application of Trina Sealsare consistent with theRandolph County Unified Development Ordinanceand the 2009 Randolph County Growth Management Planand 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 Planmap for the southeast area showsthe parcel to be rezoned in an area designated as Rural Growth Area. Rural Growth Areasgenerally are areas that are predominately rural in nature and have residences on large parcels of land. B.Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: By approving this request to rezone this property, the Randolph County Planning Board recognized that “compatible residential development” may not require just site-built homes but can also allow manufactured housing in addition allowing for more affordable housing for the citizens of the County. 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 consistentwith growth management policies in order to protect the economic viability of the County’s citizens and tax base.” Consistency Analysis: By approving this request to rezone this property, the Randolph County Planning Board recognized that the property owner has the right to develop their property to the “highest and best use” and allows for affordable housing for the citizens. 2.Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes.The parcel in this rezoning request will still be allowed to undergo residential development but not limited to only site-built homes. The proposed use will also increase the tax base and increase economic activity within the County. ______________________________________________________________ Randolph County Planning DirectorChair, Randolph County Planning Board ______________________________________________________________ Clerk to Planning BoardDate COUNTY OF RANDOLPH ORDER APPROVING SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY VERIZON WIRELESS SPECIAL USE REQUEST #2020-00001655 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on September 15, 2020, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at NC Hwy 49S/Tot Hill Farm Rd for the purpose indicated is hereby APPROVED, subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD APPROVES THE APPLICATION FOR A SPECIAL USE PERMIT FOR VERIZON WIRELESS BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. That the use meets all required conditions and specifications; 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY MELODY L. HARTWELL REZONING REQUEST #2020-00002324 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to RA Residential Agricultural as described in the application of Melody L. Hartwell are consistent with the Randolph County Unified Development Ordinance and 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 southeast area shows the parcel to be rezoned in an area designated as Rural Growth Area. Rural Growth Areas generally are areas that are predominately rural in nature and have residences on large parcels of land. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: By approving this request to rezone this property, the Randolph County not require just site-built homes but can also allow manufactured housing in addition allowing for more affordable housing for the citizens of the County. A Resolution Adopting the 2009 Randolph County Growth Management highest and best uses of their land that are consistent with growth management policies in order to protect the economic viability of the Consistency Analysis: By approving this request to rezone this property, the Randolph County Planning Board recognized that the property owner has the right to develop their property to 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. The parcel in this rezoning request will still be allowed to undergo residential development but not limited to only site-built homes. The proposed use will also increase the tax base and increase economic activity within the County. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date October Request Location Map Ace Avant Real k 031 Property Company LÄ @w kj Archdale "%a# "%d# Liberty @ù Trinity "%b# LÉ Earnhardt Randleman Staley @ù kj @l "%a# Franklinville J¥ "%b# Ramseur J¥ Asheboro @ù @l @e @è @ù @j @e @Û "%a# "%b# Seagrove @Å Æ Legend Roads Reservoirs County line Municipal Zoning 01.252.557.510 Miles TECHNICAL REVIEW COMMITTEE RECOMMENDATION FOR IN THE MATTER OF THE APPLICATON FOR REZONING REQUEST #2020-00002419 BOBBY EARNHARDT, Asheboro, NC, is requesting that 87.48 acres located Jordan Valley Rd, Tabernacle Township, be rezoned from RA Residential Agricultural District to CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District. Tax ID #7714527643, 7714727096. Secondary Growth Area. The proposed Conditional Zoning District would specifically allow a 48-lot site-built subdivision with a minimum house size of 1,500 sq. ft. as per site plan. Property Owner: Ashton Jade Earnhardt. The Randolph County Technical Review Committee has met on the above listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: Meets all technical requirements of both the Ordinance and the Plan; Is consistent, reasonable and in the public interest; and Should be approved by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Policy 6.6 Development in designated flood zones shall be avoided. Subdivision lots that are partially within designated flood zones shall compute the minimum lot size as that area located outside the flood zone. COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Date:08/12/2020 Applicant:EARNHARDT, BOBBY Address:1825 MOUNTAIN MEADOW RD Parcel #: 7714727096 City, St. Zip: ASHEBORO, NC 27205 Permit #: 2020-00002419 Owner:EARNHARDT, ASHTON JADE Permit Type Code: PZ 2 Address:1825 MOUNTAIN MEADOW RD Location Address: 4972 JORDAN VALLEY RD City, St. Zip: ASHEBORO, NC 27205 TRINITY, NC 27370 CONTACT NAME:EARNHARDT, BOBBYContact Phone:336 215-3024 PARCEL INFORMATION: Lot number: Subdivsion: Acreage:85.7800 Township:18 - TABERNACLE ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Growth Management Areas: RURAL GROWTH AREA Growth Management Areas: SECONDARY GROWTH AREA Specialty District: Watershed Name: NONE Class A Flood Plain On Prop?: YES Flood Plane Map #: Flood Plain Map #: 3710770400J REQUESTED CHANGE: Area To Be Rezoned: 87.4800 Lot Size Indicator: ACRE(S) Proposed Zoning District: CVOE-CD-CONVENTIONAL SUBDIVISION OVERLAY EXCLUSIVE CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW A 48 LOT SITE BUILT SUBDIVISION WITH 1,500 HEATED SQ. FT. AS PER SITE PLAN Condition(S): Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Timothy Mangum Signature of Applicant: Authorized County Official - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov APPLICATION FOR ZONING CHANGEPage: 1 of 1 Earnhardt Request Location Map Directions to site: US Hwy 64 W - (R) Hoover Hill Rd - (R) Jordan Valley Rd - Site on (L) approx 3/10 mile. 1 inch = 1,000 feet DEVELOPMENT IMPACT ANALYSIS County of Randolph, North Carolina Department of Planning & Development 204 E Academy Street, Asheboro, NC 27203 (336) 318-6555 Development policies outlined in the Randolph County Growth Management Planare specifically designed to encourage long term planning among property owners, developers and County government. The Development Impact Analysis is a key component of this Plan and its use will increase public awareness of the relationship of growth, rural environmental impacts and the capacity of local government to provide adequate public facilities based on future land use demands. P RELIMINARY P LAT N AME Plat name and section: Tessa Downs A PPLICANT I NFORMATION Owner of Record:Developer: Name:AshtonJade EarnhardtName:Bobby Earnhardt Address:1825 Mountain Meadow RdAddress:1825 Mountain Meadow Rd City, ST ZIP:Asheboro, NC 27205City, ST ZIP:Asheboro, NC 27205 E-mail:E-mail: Phone:336 215-3024Phone:336 215-3024 Representative:Engineer/Surveyor: Name:Bobby EarnhardtName:Survey Carolina Address:1825 Mountain Meadow RdAddress:154 SFayetteville St City, ST ZIP:Asheboro, NC 27205City, ST ZIP:Asheboro, NC 27203 E-mail:E-mail:mail@surveycarolina.com Phone:336 215-3024Phone:336 625-8000 P ROPERTY D ESCRIPTION Parcel:7714527643, 7714727096Acreage:87.48acres Growth Management Area:Secondary Growth AreaTownship:Tabernacle Fire District:Guil-RandExisting Zoning:RA Existing conditions: W ATERWAY D ESCRIPTION Does the site contain any streams or rivers?YesStream name:Little Caraway Creek Does the site contain any flood zone area?YesApproximate acreage:5.18acres Does the site lie within a watershed?NoWatershed: N/A Does the site contain wetlands?NoType:N/A Other comments: Page 1of 68/11/2020Development Impact Analysis P ROJECT D ESCRIPTION (If appropriate, attach a letter outlining in detail, the scope of the request.) Plat name and section:Tessa Downs Subdivision type: Site builtRequested zoning:CVOE-CD Total acreage of development: 55.00acres Total number of building lots:48 Minimum housing size:1,500sq. ft. Total acreage of proposed open space (if applicable): acres Total road frontage of proposed development:4,670.75ft. Average frontage of lots: 98.848ft. Width of lot with smallest amount of road frontage: 41.07ft. Width of lot with greatest amount of road frontage: 226.87ft. Is the 1:4 ratio maintained for Rural Growth Areas?N/A Property is currently being used as: ResidentialCommercial IndustrialFarming Leased huntingVacant Other Features unique to this property: RavinesHills MountainsRights-of-way EasementsCemeteries Other U TILITIES I MPACT Water source: Public water Sewer source:Septic system Electrical source:Underground (If the electrical service cannot be underground, the developer must provide a letter From the utility provider stating reasons why utilities cannot be underground.) The distance, location and provider of the nearest public water and sewer source. Service typeDistanceLocationProvider Public water0.00 ftJordan Valley RdDavidson Water Public sewer5.5 milesKennedy Rd/Miller Farm DrCity of Trinity Page 2of 68/11/2020Development Impact Analysis P UBLIC E DUCATION I MPACT (Provided by Board of Education) School system:Randolph County Schools Grade Current School impactedDPI CapacityImpact levelmembership Hopewell ElementaryK-573161510 Braxton Craven6350370 6 Archdale-Trinity Middle7-8866729 Wheatmore High9-121,5447514 Current mobile classrooms present: SchoolNumber of mobile classrooms Hopewell Elementary Braxton Craven Archdale-Trinity Middle Wheatmore High Current traffic assessment: SchoolTraffic assessment Hopewell ElementaryGood Braxton CravenCongested Archdale-Trinity MiddleCongested Wheatmore HighCongested School construction plans: SchoolConstruction plans Hopewell ElementaryN/A Braxton CravenN/A Archdale-Trinity MiddleN/A Wheatmore HighN/A T RAFFIC A NALYSIS I MPACT (Provided by NCDOT) Road(s) directly accessed by development Road nameSpeed limitAverage daily traffic count Jordan Valley Rd55mph790 Condition of the road accessed by the development:Fair Characteristics of road(s) directly accessed by development: PavedCurves GraveledBlind spot(s) Single laneIntersection(s) Bridge(s)Hill(s) The proposed development with 45lots will generate an additional 270total vehicle trips per day. Page 3of 68/11/2020Development Impact Analysis Is the ADTcount greater than 4,000 which would require a turning lane?No H OUSING AND C OMMUNITY I MPACTS (Within One mile of proposal) Housing patterns in subdivisions: SubdivisionTypeNumber of lotsAverage acreage Autumn HillsSite built72.83 Bobby G Earnhardt, JrSite built60.90 Carolina AcresMobile home91.99 Ethan DownsSite built240.97 FeatherstoneSite built70.55 Forester and JohnsonSite built21.71 Gary WhiteSite built91.21 George Campbell, JrSite built345.92 Hunters WoodsMobile home371.27 J M Cashatt EstateMobile home34.11 J M Cashatt EstateN/A24.36 Jesse Lee WilsonMobile home36.36 Jordan RoadSite built72.74 Jordan TerraceSite built71.34 Lawrence EarnhardtSite built61.87 Linda ForresterSite built21.89 Michael and Paige WilhoitMobile home22.14 Mountain View FarmsSite built113.94 Mt View EstatesSite built553.20 Poplar RidgeMobile home811.14 Ralph L RogersSite built94.29 Savannah HillsSite built173.67 Uwharrie TraceSite built115.74 Warren Pierce RevisedSite built43.14 Total number of site built homes ......................................................................................................213 Average square footage of site built homes ...................................................................1,611.20sq. ft. Largest site built home by square footage ..........................................................................4,592sq. ft. Smallest site built home by square footage ............................................................................567sq. ft. Total number of mobile homes .........................................................................................................146 Percentage of site built homes ..................................................................................................59.33% Percentage of mobile homes ....................................................................................................40.67% Total number of acres ....................................................................................................3.363.18acres Page 4of 68/11/2020Development Impact Analysis Average acreage ...................................................................................................................6.30acres Total acreage in Voluntary Agricultural Districts..................................................................38.58acres Community Land Uses CommercialFarming ForestryIndustrial ResidentialChurch facilities Other: Special Community Districts Airport Overlay DistrictCluster Subdivision Overlay District E-1DistrictsRural Lot Subdivision Overlay District Rural Business Overlay DistrictIndustrial Overlay District Scenic Corridor Overlay DistrictCommercial Environmental Overlay District Voluntary Agricultural DistrictConventional Subdivision Overlay District Unique Rural Land Uses in the Community HLPC Landmark/Cultural Heritage SiteNational Historic Landmark National ForestNatural Heritage Designated Sites Trailway as part of the County Greenway PlanYouth Camp(s) A GRICULTURAL I MPACT (Within One mile of proposal) Adjoining farm properties: N/A Are all well minimum setback lines noted on plat?N/A Tax-deferred farm properties Property ownerParcel IDLocation Joseph WesleyPeterson7714971736R1542;S deeded access Jean T Peterson7714980432Flava Peterson Est;Tr3 Glenda Gayle Smith (William Jeffrey Smith)7724458630R1540;Both Farm operations that begin afterthe development of a major residential subdivision must abide by the 100 ft. waste setback rule on the farm property. O THER M ATERIALS S UBMITTED Buffer site plan Land Clearing Debris Plan Open Space Uses and maintenance agreements, if applicable Proposed deed restrictions Page 5of 68/11/2020Development Impact Analysis Soil analysis Soil erosion plan, storm water management plan, etc. Other: Page 6of 68/11/2020Development Impact Analysis September 25, 2020 Dear members of the Planning Board, We feel that you should not allow the Jordan Valley Road Property (Parcel Numbers: 7714527643 & 7714727096) to be rezoned to CVOE-CD. Allowing the property to be rezoned would destroy our beautiful rural landscape and create permanent negative impacts on our community. According to the Randolph County GIS website and the Randolph County Growth I am sure you are all aware, the Randolph County Growth Management Plan describes Rural Growth Areas as: land, forestry, rural lot residential subdivisions, and open space scattered non-farm residences on large tracts of land. Rural scenic vistas are a natural part of the landscape. There is normally a relative abundance of large, undeveloped tracts not experiencing significant development pressures. Rural growth areas contain scenic, historic, and other natural heritage assets that contribute to the unique characteristics of the land. Large lot residential subdivisions are anticipated in the Rural Growth Area with special designs to sustain groundwater recharge capacity, stormwater retention, and rural character. Individual rezoning decisions within the Rural Growth Area will depend upon the scale of the development, and the specific nature of the site and its location. In Rural Growth Areas, rezoning requests for industrial/business development requiring proximity to rural resources shall be weighed with the need to lesson substantial impacts to adjoining land uses. Sustainable rural economic growth, environmental protection, and rural quality of life shall be pursued together as mutually supporting Allowing this property to be rezoned and subsequently developed with the proposed high density neighborhood would be inconsistent and contrary to the Rural Growth Area designation assigned to a portion of this property. In addition, allowing the rezoning and subsequent development would increase traffic on an already poor quality road that has steep hills, significant curves, blind spots, pooling water and, routine issues with prolonged ice accumulation. Increasing traffic on Jordan Valley by the 270 vehicle trips a day, as estimated by DOT, would result in increased fatal car crashes. The environmental impact from allowing the property to be rezoned to CVOE-CD and subsequently developed is significant. Not only is there a loss of agricultural and forested land, but also an increase in pollution. With more houses and traffic comes more litter, which is already an issue in the area that the community is attempting to mitigate. In addition, the noise and light pollution this development would create is significant. Our rural areas are valued for peace and quiet, for being able to step out at night and see the stars, increasing houses at this rate and density exponentially decreases our ability to enjoy the benefits of living a rural life. In addition we have substantial concerns regarding the increase in stormwater runoff that would be directly caused by this development. The proposed development abuts the regulated 100 year floodplain that surrounds Little Caraway Creek, and in fact two of the proposed lots contain 100 year floodplain. There have been significant issues with flooding downstream of the subject property, where flooding events are increasing both in frequency and intensity each year. Allowing the proposed development to occur on the property would increase stormwater runoff to Little Caraway Creek, resulting from the significant impervious area that would be added to the site. The increased stormwater runoff caused by this high density project would not only cause increased flooding issues for downstream neighbors, but also cause significant erosion and stream degradation to Little Caraway Creek. Allowing this increase in pollution and erosion would harm not only the abundant wildlife that rely on Little Caraway Creek but also the farmers that are downstream that depend on the creek as a source of water for their cows. If you allow uncontrolled development with a disregard to neighboring properties and the environment, Randolph County will be in far worse condition that it is in now with urbanization scaring our landscape. Rezoning this property would be irresponsible and would indicate a blatant disregard for the wants and needs. We urge you to vote against rezoning the Jordan Valley Road property, Parcel Numbers 7714527643 & 7714727096. Sincerely, Jadie and Teresa Andrews COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY BOBBY EARNHARDT REZONING REQUEST #2020-00002419 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD 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 Bobby Earnhardt are consistent with the Randolph County Unified Development Ordinance and 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 southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area. Secondary Growth Areas are generally transitional in nature and uses change from commercial and agricultural uses to more residential uses. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: Of the twenty-four subdivisions within one mile of the proposed subdivision location, six are mobile home subdivisions with the remaining eighteen subdivisions being site-built subdivisions. Based on this calculation, allowing the creation of this subdivision would allow viable rural neighborhoods to be in compliance with the Growth Management Plan as it would ensure major housing in an area already infused with major housing developments. Policy 6.6 Development in designated flood zones shall be avoided. Subdivision lots that are partially within designated flood zones shall compute the minimum lot size as that area located outside the flood zone. Consistency Analysis: A portion of this property under request for rezoning does contain a designated flood zone. The developer and surveyor have designed the subdivision to prevent lots in the subdivision in the flood zoning area from being developed for residential use. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. 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 Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion toAPPROVEthis rezoning request to rezone the specified parcel(s) onthe rezoning applicationto the requested zoning district based upon the Determination of Consistencyand Findings of Reasonableness and Public Interest statementsthat areincluded in the Planning Board agenda,submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s)with any and all agreed upon revisions, also incorporated into the motionand that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .”and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion to DENYthis rezoning request to rezone the specified parcel(s) on the rezoning applicationto the requested zoning districtbased upon the Determination of Consistency and Findingsof Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motionand that the request is notconsistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. TECHNICAL REVIEW COMMITTEE RECOMMENDATION FOR IN THE MATTER OF THE APPLICATON FOR REZONING REQUEST #2020-00002420 ACE AVANT REAL PROPERTY COMPANY, INC, Archdale, NC, is requesting that 36.79 acres located Racine Providence Township, be rezoned from CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District to CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District. Tax ID #7777767305, 7777865194. Secondary Growth Area. Polecat Creek Watershed. The proposed Conditional Zoning District would specifically allow a 7-lot site-built subdivision with a minimum house size of 1,700 sq. ft. as per site plan. The Randolph County Technical Review Committee has met on the above listed case, and after review of all applicable standards contained in the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan, the Technical Review Committee finds that this request: Meets all technical requirements of both the Ordinance and the Plan; Is consistent, reasonable and in the public interest; and Should be approved by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting this conclusion. Policy 6.2 Major subdivision development which does not have access to either central water or sewage facilities should locate in areas where soil and geological characteristics are conducive to the long-term support of on- site systems such as wells and septic tanks. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Date:08/12/2020 Applicant:ACEAVANT REAL PROPERTY COMPANY Address:P O BOX 14006 Parcel #: 7777767305 City, St. Zip: ARCHDALE, NC 27263 Permit #: 2020-00002420 Owner:ACEAVANT REAL PROPERTY COMPANY LLC Permit Type Code: PZ 2 Address:109 SEMINOLE DR Location Address: City, St. Zip: ARCHDALE, NC 27263 CONTACT NAME:SOMERO, MICHAELContact Phone:336 431-5852 PARCEL INFORMATION: Lot number: Subdivsion: Acreage:35.9900 Township:15 - PROVIDENCE ZONING INFORMATION: Zoning District 1: CVOE-CD-CONVENTIONAL SUBDIVISION OVERLAY EXCLUSIVE CONDITIONAL DISTRICT Zoning District 2: Zoning District 3: Growth Management Areas: SECONDARY GROWTH AREA Specialty District: Watershed Name: POLECAT CREEK WATERSHED Class A Flood Plain On Prop?: NO Flood Plane Map #: Flood Plain Map #: 3710777700J REQUESTED CHANGE: Area To Be Rezoned: 36.7900 Lot Size Indicator: ACRE(S) Proposed Zoning District: CVOE-CD-CONVENTIONAL SUBDIVISION OVERLAY EXCLUSIVE CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW A 7 LOT SUBDIVISION FOR 1,700 SQ FT MINIMUM HEATED SQUARE FOOTAGE AS PER SITE PLAN Condition(S): Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Timothy Mangum Signature of Applicant: Authorized County Official - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov APPLICATION FOR ZONING CHANGEPage: 1 of 1 Ace Avant Real Property Company, Inc., Request Location Map Directions to site: US Hwy 220 Bus N - (R) Providence Church Rd - (L) Racine Rd - Site on (R) approx 3/10 mile. 1 inch = 500 feet Duke Energy Ethan Pardue 461 Winston Rd Jonesville, NC 28233 ethan.pardue@duke-energy.com September 28, 2020 Summey Engineering Associates, PLLC Attn: Christian Vestal PO Box 968 Asheboro, NC 27204 336.328.0902 christian@summeyengineering.com Re: Duke Energy Transmission Line Easement Plan Review Conditional Approval Project: OL296 111 Yorke Woods Subdivision Preliminary Plat (2020) Line: OL296, STR 111, ASHEBORO - DPC PLEASANT GARDEN 230KV WO:37725087 Dear Christian Vestal, This office has reviewed the proposed Yorke Woods Subdivision Preliminary Plat (attached separately via email) and referred to herein as Attachment “A”. We find the plans as shown on the referenced drawings to be acceptable and in compliance with the attached Use Guidelines for Encroachments involving Transmission Easements. Therefore, Duke Energy Transmission (“DET”) approves the referenced plans, insofar as its transmission easement rights are concerned, subject to the conditions detailed below. If this project construction has not commenced by a period of 12 months from the date of this letter, this approval by DET shall expire, and additional plan review will be required by DET at that time. In summary, the following details DET’s comments: Notwithstanding our review of your development plans, we are not providing a comment on present or future vegetation plantings. However, please be apprised that to ensure safe and reliable service and to maintain the ability to safely access its easement, Duke Energy relies on clear easement areas to provide open spaces for the staging of large equipment. Therefore, Duke Energy has and continues to manage vegetation within or outside of the easement and retains the rights afforded to it in its underlying easement documents, including to remove vegetation that has the potential to or does cause an interference with its easement rights. No stockpiling or storage of materials, dirt, signage, or equipment of any kind is permitted within the DET easement area, nor may any combustible materials be placed within the easement area. Contractors operating any and all equipment should be instructed not to operate within 25’ of the poles, towers, or other electrical structures including guy anchors. All slopes shall be 4:1 or less. No spoil dirt is to be placed within the easement limits unless previously approved by DET. Any proposed easements must not cross closer than 25’ to DET’s electrical structures including, but not limited to poles, towers, and guy anchors. All underground facilities, such as, but not limited to, storm water pipes and domestic water line pipes, must be capable of a heavy equipment load bearing weight of 80,000 lbs. DET will not be responsible for damages to these installed facilities. All plats, plans, renderings and representations of lots, parcels, designated spaces and/or designated areas having and including area within a DET easement cannot represent, with setbacks or other means, buildable areas(s) within a DET easement. Underground Utilities with cathodic protection will require a study of anodic interference on existing DET structures. The developer / owner is responsible for any required remediation as determined by DET. This study 1 shall be provided at no cost to DET for their review and acceptance before a Final Approval shall be issued by DET. This study must be submitted to DET prior to the commissioning of the Underground Utilities. Any damage to the transmission line or its associated structures, related to this project, and/or claims due to the damage, is the responsibility of the developer/owner. Any vegetation within or outside of the transmission easement that will pose a grow-in, fall-in, or blowing together threat (typical maximum mature height greater than 15’ within the transmission easement depending up voltage), limit or block access, limit the safe and reliable operation, emergency restoration, or maintenance of the transmission facilities, or limit the full use of the easement for its intended purposes, is incompatible with the high voltage transmission power lines and therefore could be subject to removal by DET. This approval by DET is subject to the paramount right of DET at all times to make use of its entire easement area for the construction, maintenance, reconstruction, and operation of electric lines. This letter only addresses issues related to DET’s transmission line easement. Additional easements, approvals, or permits from the underlying property owner(s) or other applicable agencies may be required in order for you to proceed with this project. DET also offers these additional comments to ensure that other potential conflicts are not created during or after construction: If there are design changes to any drawings that involve the transmission easements, DET requires a review of the changes for compliance with the Use Guidelines for Encroachments involving Transmission Easements. Proper clearances must be maintained at all times. If any transmission line modification by DET is required to maintain proper clearances, the cost will be the responsibility of the developer/owner. Any such line modifications must be approved and scheduled, through DET well in advance of the project start date. All current and future property owners are required to adhere to the most current version of the DET Use Guidelines for Encroachments involving Transmission Easements. (attached separately via email) DET heavy equipment access must not be restricted during construction of this project due to grading or any other activity. Please contact me prior to the start of this project to attend any pre-construction meetings. In not objecting to the use of the transmission easement for use as shown on the drawings, DET is not relinquishing the right to control and maintain the rights-of-way as specified in the recorded easement documents. Any damages to the transmission lines or its associated structures, and claims caused by the damage, is the responsibility of the developer/contractor/owner. It is the responsibility of the developer/contractor/owner to ensure that all work performed in the proximity of the transmission lines complies with all applicable laws and regulations, including but not limited to the National Electric Safety Code (“NESC ”), the Overhead High-Voltage Line Safety Act (“OHVLSA and the Occupational Safety and Health Act (“OSHA ”), and that all persons working near the electric power lines are made aware of the inherent safety hazards associated with these lines. Please note that this approval is based in part on the accuracy of the information you have supplied on the site plans (Attachment A). You are responsible for indicating the correct location of the DET right of way and its associated electrical structures along with the correct width of the DET easement limits. Thank you for the opportunity to work with you on this project. If you have any questions, please feel free to contact me at 336-526-2524. Sincerely, Ethan Pardue Asset Protection Specialist Transmission Right of Way Attachments: Attachment “A” - Site Plans Duke Energy Duke Energy Use Guidelines for Encroachments involving Transmission Easements Duke Energy “Look Up & Live” Brochure 2 Cc: Attachment “A” 3 T BTF ! U O! Q P JS TP T U J F N D T U O J P B O S U BQQSPWFE 1:03903131 2;11!qn F UF I V B E OS !B Q USE GUIDELINES FOR ENCROACHMENTS INVOLVING TRANSMISSION EASEMENTS Duke Energy has a property interest called an easement (or sometimes a right-of-way) in land that you own or are considering purchasing. This easement grants Duke Energy the right to use the easement area for purposes described in the easement document that is filed and recorded in the county’s recorder office. This property interest stays with the land when it is bought and sold and generally is perpetual in duration. A series of easements often form a corridor in which the transmission facilities are located and access up and down the corridor is part of the reason Duke Energy obtains these rights. Broadly stated, easements allow Duke Energy to use another person’s property to construct, operate, maintain, repair, and replace electrical facilities for the transmission of high voltage power. The landowner may continue to use the easement area so long as the use is not inconsistent with the easementdocument or Duke Energy’s use of the easement. Any incompatible use by the landowner is called an encroachment. Where an encroachment is under construction, Duke Energy will request that it be stopped and removed; where an encroachment is already installed, Duke Energy will request that it be removed. Where a landowner fails to cooperate, Duke Energy will seek legal recourse to remove the encroachment. Electricity is a public service and subject to state and federal regulations with which Duke Energy must comply. Any use by the landowner that does or could create regulatory issues is an encroachment. Power lines in the transmission easement are uninsulated and electricity is a dangerous instrumentality. Any landowner use that increases the danger to the landowner, the public or Duke Energy in its use of the easement is also an encroachment. Over years of designing, constructing, operating, repairing, upgrading and maintaining electric facilities in transmission easements, Duke Energy has developed an understanding of the types of uses by landowners that do, or potentially can, interfere with the easement’s purposes and Duke Energy’s ability to provide safe and reliable service. This guidance, which supersedes all prior versions, provides a brief overview of types of things that do, or can, interfere with Duke Energy’s easement rights and thereby create encroachments. This overview cannot address all possible situations and is intended to provide general guidance. Please contact the Asset Protection Specialist if you have additional questions or concerns about the use of the easements. Please discuss any proposed activity in the transmission easements with Duke Energy to avoid creating an encroachment or interference. The Asset Protection Specialist can assist and help avoid a subsequent need by the landowner to revise plans or remove obstructions from the easements. Engineering plans may be required by Duke Energy to fully understand any proposed use by the landowner. By providing these guidelines, Duke Energy does not waive any rights it has in its easements or under the law. Duke Energy’s concurrence that a proposed use does not constitute an interference with its easement rights does not mean that requirements of local, county, state or federal governments or other agencies with governing authority have been met. The following are not permitted in Duke Energy’s transmission easements as they interfere with Duke Energy’s use of the easements for transmission of electricity by, among other things, interfering with full use the easement, interfering with existing facilities, interfering with access to the facilities, interfering with future expansion in the easement, increasing the danger to the public or those who may be required to work in the easement, creating regulatory violations and generally, making the transmission of electricity more dangerous, costly and/or unreliable: Examples include but are not limited to: Permanent or temporary structures and buildings, including for example, permanent or manufactured/mobile homes (and home additions and extensions), garages, sheds, satellite systems, intersections, cul-de-sacs, entrances, streets, swimming pools (any associated equipment and decking), playground equipment, graves, billboards, dumpsters, signs, wells, deer stands, retaining walls, septic systems or tanks (whether above or below ground). Mounding or stockpiling any material, such as spoils, dirt, logs, construction or building material, wrecked or disabled vehicles, (e.g. may create clearance and access issues and/or increases dangers in using the easement). Transformers, telephone/cable pedestals and associated equipment (unless specifically addressed in a joint use agreement), fire hydrants, manholes, water valves, water meters, backflow preventers & irrigation heads, (e.g. may increase the likelihood of safety hazards & access issues). Keywords: form; transmission asset protection GDLF-STD-TRM-00004 Applies to: Transmission - All Regions Rev. 000 05/2020 Page 1 of 2 AUTHORIZED COPY © 2020 Duke Energy Attachments to Duke Energy structures in the easement; (unless specifically addressed in a joint use agreement). Streets, roads, driveways, sewer/water lines, other utility lines or any underground facilities that run in parallel to the centerline in the easement or cross in one contiguous segment from outside edge of easement to opposing outside edge of easement, at any angle that is less than 30 degrees or greater than 90 degrees as measured from the centerline. No portion of such facility shall be located within 25 feet of Duke Energy’s facilities (unless specifically addressed in a joint use agreement.) Fences or utilities that cross the easement in multiple segments in a non-continuous alignment from outside edge of easement to opposing outside edge of easement at any angle of less than 30 degrees or greater than 90 degrees as measured from the centerline. This generally creates an interference as the ability to access and utilize the full easement and reach facilities in the easement is substantially impaired. If a fence crosses the easement at an angle greater than or equal to 30 degrees and less than or equal to 90 degrees with the centerline, a gate (16 feet wide at each crossing) shall be installed by the landowner, per Duke Energy’s specifications. Duke Energy will supply a lock. The landowner is required to install the Duke Energy lock on the gate to ensure access. The lock can be interlocked with the landowner’s lock. Fences and gates that exceed 10 feet in height are prohibited because they create a clearance issue and are an interference. Fences that inhibit Duke Energy’s access because they lack a gate that is at least 16 feet wide, interfere with Duke Energy’s easement use. Grading (cuts or fill) in the easement that is closer than 25 feet to transmission facilities i.e. poles, towers, guys and anchors and/or slopes greater than 4:1 no matter where located or that otherwise change clearances or topography. Parking or lighting facilities which affect clearances, access or Duke Energy’s ability to make full use of its easement. Placement of combustible materials and/or the purposeful burning of anything within the easement are inconsistent with electric facilities, the transmission of power and create safety hazards and system reliability issues. Any water feature in the easement, such as a detention and retention pond, stream or lake. Where a structure outside the easement causes erosion or directs storm water toward the easement or the electric facilities or access to or around the electric facilities, such structure will interfere with Duke Energy’s use and must be altered to eliminate that effect. Incompatible vegetation above ground transmission lines - Vegetation within or outside of the transmission easement that will mature to a height or size that will pose a grow-in, fall-in, or blowing-together threat to the transmission conductor (typical maximum mature height greater than 15 feet within the transmission easement depending on location and voltage). Incompatible vegetation underground transmission lines - Vegetation within or outside of the transmission easement that is capable of posing a threat (e.g., root systems, etc.) to the underground transmission conductor by a) causing damage to the underground pipes / cables or b) reducing the moisture in the soil, thus altering the thermal properties of the surrounding soil / backfill and thereby negatively impacting the cable ampacity rating (typical maximum mature height within the easement - greater than 3 feet depending on location and voltage). Incompatible vegetation for safe and reliable operation and access on all transmission lines - Vegetation that will limit or block access, limit the safe and reliable operation, emergency restoration, or maintenance of the transmission facilities, limit the full use of the transmission easement for its intended purposes or vegetation which is typically within a horizontal distance of 25 feet of any Duke Energy facilities (towers, poles, guy wires, guy anchors, manholes, dip-poles, substation equipment, etc.). As discussed, these guidelines are not exhaustive and there may be other interferences on a case-by-case basis depending on individual circumstances. Certain conditions such as line voltage, line criticality, frequency of required access and structure type may require heightened restrictions in the easements to provide safe and reliable service. If you have additional questions or plan any activity not mentioned above, please contact customer service and ask for your local Transmission Asset Protection Specialist. Keywords: form; transmission asset protection GDLF-STD-TRM-00004 Applies to: Transmission - All Regions Rev. 000 05/2020 Page 2 of 2 AUTHORIZED COPY © 2020 Duke Energy CVOE-CD Prepared by: NORTH CAROLINA RANDOLPH COUNTY DECLARATION OF RESTRICTIVE COVENANTS for Yorke Woods Subdivision, Pleasant Garden, North Carolina Ace Avant Real Property LLC, having a mailing address of 5358 Poole Rd, Archdale, NC 27263 (hereinafter referred to as "Developer") is the owner of a certain tract of property in Providence Township, Randolph County, North Carolina, described in the deed recorded in Book XXXX, Page XXX, which has been platted by Mack Summey, in preliminary plat #E-3180, dated July, 2020, and divided into 7 lots under the name "Yorke Woods" Subdivision, as recorded in Plat Book XX, Page XX, Randolph County Registry. WHEREAS Developer desires and proposes to convey, transfer and sell the property within the described subdivision subject to restrictions, covenants, conditions and easements in order to insure the best use and most appropriate development of each residential building lot; to preserve, as far as is practicable, the natural beauty of the property, and prohibit nuisances tending to detract from the attractiveness of the property for residential purposes; to prevent haphazard and inharmonious improvements, guard against the erection of poorly designed or proportioned structures, and preclude the use of improper or unsuitable construction materials; and in general, to set and maintain a style and quality of community development which will protect and enhance the value of improvements and investments made by purchasers of residential lots; DEVELOPER THEREFORE subjects and imposes upon the property described in Deed Book XXX, Page XX, the following declarations, limitations, easements, restrictions and permitted uses which constitute a uniform plan or scheme of development, appurtenant to and running with each individual lot in the subdivision, and which shall be binding on all persons, parties, corporations or firms claiming ownership of any lot. 1. LAND USE AND BUILDING TYPE: No apartment houses or duplex apartments shall be erected or licensed to exist on the property. No single or double-wide - shall be permitted. No structure of a temporary character, such as travel trailers, motor homes, or tents, and no unfinished basements, garages, barns or other outbuildings may CVOE-CD be used as a residence at any time. The only structures which shall be erected or allowed to remain on any lot are as follows: A. One detached single family dwelling, not exceeding two stories in height, including a finished or unfinished attic; and B. A private garage, attached or detached, built of materials comparable to those used in the dwelling, for not less than one nor more than three (3) automobiles; and C. Outbuildings, accessory or utility buildings built on site of new materials. 2. DWELLING SIZE. Each dwelling house shall contain a minimum of 1700 square feet of heated living area. Unfinished basements, garages, open carports, breezeways, porches and "Florida" rooms shall not be counted as "heated living areas." Each dwelling house shall have a minimum roof pitch of 7/12. The street front or longest building elevation shall have either (a) a shed roof or porch extending the length of the façade, or (b) at least one break in the plane of the façade. 3. BUILDING PLACEMENT. No building shall extend closer to any street or lot boundary line than set forth below, unless a contrary distance is indicated on the recorded plat, in which case the recorded plat shall control. Deviations of no more than ten (10) percent from these setback restrictions shall not be construed to violate these covenants, provided, however, that such deviation does not constitute an encroachment of any part of a structure upon an adjoining lot nor violate county setback requirements. A. Siting. Every dwelling shall face toward the front of any lot, unless approved in writing by developer. B. Front Setback. All residences shall be constructed at least thirty five (35) feet from the front or street-side property lines. All detached garages, utility and outbuildings must be erected at least fifty (50) feet from the front property line and at least ten (10) feet from the side property line and at least thirty five (35) feet from the rear property line C. Side Yard. Every lot shall have two side yards, the combined width of which shall not be less than twenty five (25) feet, and neither of which shall be less than ten (10) feet in width. D. Rear Yard. Each lot shall have a rear yard of a depth of not less than thirty- five (35) feet. Outbuildings and accessory buildings shall be located a minimum of ten (10) feet from the side property line and at least thirty five (35) feet from the rear property line. 4. ARCHITECTURAL CONTROL. No building, fence, wall or other structure shall be commenced, erected or maintained on any lot, nor shall any exterior alteration or addition be made to an existing structure, until plans and specifications showing the location, nature, kind, shape, height, and materials of the same shall have been submitted to and approved in writing by Developer as to harmony of external design and location in relation to surrounding structures and topography. If such plans and specifications are complete and comply with these restrictions, Developer, his authorized agent, personal representative or attorney-in-fact shall approve, modify or disapprove in writing within thirty (30) days after submission. This covenant shall expire five (5) years after the last lot is sold by Developer. CVOE-CD 4. CONSTRUCTION. All dwellings shall be constructed of permanent exterior materials. No concrete block shall be used above finished ground elevation of either buildings or walls unless covered, treated or filled in such a manner that they may no longer be distinguished as concrete block. No used lumber, second-hand material or unsightly finishes shall be used in any construction, nor placed or stored on any lot. Construction of improvements (including landscaping) on any lot shall be completed within twelve (12) months from the day grading or excavation of footings is commenced, except for reasons beyond the control of the builder. 5. DEMOLITION. No foundation or incomplete structure shall be allowed to stand without completion. Any dwelling or outbuilding which may be destroyed in whole or in part by fire, storm or natural disaster must be rebuilt or demolished and all debris removed and the lot restored to a sightly condition with reasonable promptness, but in no event shall such debris remain longer than six (6) months. 6. NUISANCES. No noxious, offensive or illegal activities shall be carried out or allowed to exist on any lot, nor shall any activity be conducted in such manner as to become an unreasonable annoyance or nuisance to the neighborhood. No lot shall be used in whole or in part for the dumping of rubbish or the storage of any property or thing which causes the lot to appear unclean, untidy or visually obnoxious, or which causes any noise which might disturb the peace, quiet, comfort and serenity of the occupants of surrounding properties. No business or other commercial activity shall be maintained, licensed, or allowed to exist on any tracts. 7. ANIMALS. No animals other than household pets shall be permitted on the property. Dogs such as Pit Bulls, Dobermans, Rottweilers, Chows, German Shepherds or any other dog which could be considered dangerous may not be allowed to run loose. Excessive or habitual barking by any dog which disturbs neighboring lot owners constitutes a nuisance and shall not be permitted. 8. VEHICLES. Each lot owner shall provide ample off-street parking spaces for automobiles prior to the occupancy of any dwelling. No vehicle or trailer shall be parked habitually and regularly on any street. No commercial tractor trucks nor any trailers used with such vehicles may be parked or maintained on any lot except for vehicles and equipment temporarily in use during construction and development. All vehicles must be licensed and in good operating order. No stripped, wrecked or junked motor vehicles shall be permitted to be parked or kept on any lot or street. 9. LANDSCAPING. Lots which are cleared for construction must undergo precautions to control erosion. Lawns must be seeded and properly maintained. Fences are permitted on any lot which contribute to the aesthetic appearance, character and environment of the area, or which are used to contain household pets. No fence may be located closer to the road than the rear wall of the dwelling house, nor within three (3) feet of the rear and side property lines. No billboards or signs shall be erected or allowed CVOE-CD to remain on any lot for more than one month except signs advertising the sale of any dwelling. diameter may be cut without developer approval. 10. EASEMENTS. For purposes incident to its development of the property subject to these restrictions, Developer reserves for itself, its successors and assigns, the following easements and rights of way: A. Such easements and rights of way over each lot (not exceeding fifteen (15) feet in width) which may be deemed necessary for the use and maintenance of storm drains, the installation of electric power and any other utility service in the subdivision, provided, however, that such easements shall not interfere with the proper location and use of dwellings built on the premises. B. The right to trim, cut and remove any trees and brush wherever necessary for the installation, operation and maintenance of utility services and for the convenience of the property owners in the subdivision. C. The right to enter upon any lot for the purpose of altering the flow of surface water in, on or across such lot, in order to correct surface water drainage problems existing on that or any other lot subject to these restrictions. Any alterations made to any lot pursuant to this reservation shall be made at Developer's sole cost and expense and shall not unreasonably interfere with the owner's use and enjoyment of the property. In exercising these reserved rights Developer agrees to promptly remove from the property all debris, materials, excess soil and rock, to fill all excavations, replace all topsoil and resow grass on all disturbed earth. D. The right to create and impose additional easements or rights of way over any unsold lot or lots for street, drainage and utility installation purposes by the recording of appropriate instruments. 11. MODIFICATION AND AMENDMENT. No lot shall be re-subdivided, or its boundary lines changed except with Developer's written consent. The Developer expressly reserves the right to replat any two (2) or more lots prior to sale in order to create a modified building lot or lots. The Developer also reserves the right to convert any unsold lots in the subdivision, or any portions of unsold lots, to a right-of-way or street for the purpose of providing access and/or utility service to adjoining property. Any unintentional or minor violation of these restrictions may be removed, modified, or changed by securing the written consent of Developer and the owner or owners of all contiguous lots, duly executed, acknowledged and recorded in the Office of the Register of Deeds of Randolph County. 12. GRANTEE'S ACCEPTANCE. The grantee of any lot subject to this Declaration, by executing a contract for the purchase thereof, or by accepting a deed conveying title thereto, whether directly from Developer, Owner, Grantee or from a subsequent owner, shall shall accept such contract or deed subject to each and every covenant and restriction contained herein. By such acceptance, each grantee covenants, consents and agrees to keep, observe, comply with and perform the acts and responsibilities imposed by this Declaration. CVOE-CD 13. SEVERABILITY. Each of these covenants is independent of and severable from every other restriction and combination of them. Invalidation of any covenant, restriction or condition by judgment or court order shall be without effect on the validity or enforceability of the remainder. 14. TERM. These covenants are to run with the land and be perpetually binding on all parties and persons claiming ownership under them, except that the duties and responsibilities imposed upon the Developer shall expire five (5) years after sale of the last lot owned by him. 15. ENFORCEMENT. Enforcement of these restrictions against any person to persons violating or attempting to violate them shall be by civil action either to restrain violation or to recover damages. Any lot owner shall have the right to enforce these restrictions. 16. MISCELLANEOUS. Developer may, from time to time, subject additional real property to the conditions, restrictions, covenants, reservations, easements and provisions set forth above, by appropriate references to this instrument. IN WITNESS WHEREOF, Developer has executed this instruments under its hand and seal on this the _____ day of August, 2020. _________________________________ Michael J Somero North Carolina Randolph County The undersigned notary public of the county and state aforesaid hereby certifys that Michael J Somero personally appeared this day and acknowledged the due execution of the foregoing document. Witness my hand and notarial seal this the ______ day of August, 2020. (Notary Seal) _____________________________ Notary Public My commission expires:___________ DEVELOPMENT IMPACT ANALYSIS County of Randolph, North Carolina Department of Planning & Development 204 E Academy Street, Asheboro, NC 27203 (336) 318-6555 Development policies outlined in the Randolph County Growth Management Planare specifically designed to encourage long term planning among property owners, developers and County government. The Development Impact Analysis is a key component of this Plan and its use will increase public awareness of the relationship of growth, rural environmental impacts and the capacity of local government to provide adequate public facilities based on future land use demands. P RELIMINARY P LAT N AME Plat name and section: Yorke Woods A PPLICANT I NFORMATION Owner of Record:Developer: Name:Ace Avant Real Property Company, IncName:Ace Avant Real Property Company, Inc Address:P O Box 14006Address:PO Box 14006 City, ST ZIP:Archdale, NC 27263City, ST ZIP:Archdale, NC27263 E-mail:E-mail:msomero@aceavant.com Phone:336 431-5852Phone:336 431-5852 Representative:Engineer/Surveyor: Name:Michael SomeroName:Summey Engineering Associations, PLLC Address:109 Seminole DrAddress:P O Box 968 City, ST ZIP:Archdale, NC27263City, ST ZIP:Asheboro, NC 27204 E-mail:msomero@aceavant.comE-mail:mack@asheboro. com Phone:336 431-5852Phone:336 328-0902 P ROPERTY D ESCRIPTION Parcel:7777767305, 7777865194Acreage:36.79acres Growth Management Area:Secondary Growth AreaTownship:Providence Fire District:ClimaxExisting Zoning:CVOE-CD Existing conditions:To allow a 57 lot site built subdivision with 1,700 sq. ft. minimum house size. W ATERWAY D ESCRIPTION Does the site contain any streams or rivers?YesStream name: Does the site contain any flood zone area?NoApproximate acreage:0.00acres Does the site lie within a watershed?YesWatershed: Polecat Creek Does the site contain wetlands?NoType:N/A Other comments: Page 1of 68/10/2020Development Impact Analysis P ROJECT D ESCRIPTION (If appropriate, attach a letter outlining in detail, the scope of the request.) Plat name and section:Yorke Woods Subdivision type: Site builtRequested zoning:CVOE-CD Total acreage of development: 36.79acres Total number of building lots:7 Minimum housing size:1,700sq. ft. Total acreage of proposed open space (if applicable): acres Total road frontage of proposed development:ft. Average frontage of lots: 87.20ft. Width of lot with smallest amount of road frontage: 0.00ft. Width of lot with greatest amount of road frontage: 112.38ft. Is the 1:4 ratio maintained for Rural Growth Areas?N/A Property is currently being used as: ResidentialCommercial IndustrialFarming Leased huntingVacant Other Features unique to this property: RavinesHills MountainsRights-of-way EasementsCemeteries Other U TILITIES I MPACT Water source: Individual well Sewer source:Septic system Electrical source:Aboveground (If the electrical service cannot be underground, the developer must provide a letter From the utility provider stating reasons why utilities cannot be underground.) The distance, location and provider of the nearest public water and sewer source. Service typeDistanceLocationProvider Public water2.20 milesFred Lineberry Rd/Adams WayCity of Randleman Public sewer2.20 milesFred Lineberry Rd/Adams WayCity of Randleman Page 2of 68/10/2020Development Impact Analysis P UBLIC E DUCATION I MPACT (Provided by Board of Education) School system:Randolph County Schools Grade Current School impactedDPI CapacityImpact levelmembership Level Cross ElementaryK-57314602 Northeast Randolph Middle6-87325181 Providence Grove High9-121,5447010 Current mobile classrooms present: SchoolNumber of mobile classrooms Level Cross Elementary Northeast Randolph Middle Providence Grove High Current traffic assessment: SchoolTraffic assessment Level Cross ElementaryGood Northeast Randolph MiddleCongested Providence Grove HighCongrested School construction plans: SchoolConstruction plans Level Cross ElementaryN/A Northeast Randolph MiddleN/A Providence Grove HighN/A T RAFFIC A NALYSIS I MPACT (Provided by NCDOT) Road(s) directly accessed by development Road nameSpeed limitAverage daily traffic count Racine Rd45 mph1,300 Condition of the road accessed by the development:Fair Characteristics of road(s) directly accessed by development: PavedCurves GraveledBlind spot(s) Single laneIntersection(s) Bridge(s)Hill(s) The proposed development with 7lots will generate an additional 42total vehicle trips per day. Is the ADTcount greater than 4,000 which would require a turning lane?No Page 3of 68/10/2020Development Impact Analysis H OUSING AND C OMMUNITY I MPACTS (Within One mile of proposal) Housing patterns in subdivisions: SubdivisionTypeNumber of lotsAverage acreage Bobby BooneMobile home29.93 Canterbury TrailsMobile home1661.09 Cedar Lane Map 1Site built88.87 Cedar Lane Map 2Site built22.52 Cox FarmMobile home66.12 Cox PropertyMobile home79.90 Donald and Virginia OsborneSite built23.04 Donald L OsborneSite built141.45 Donald OsborneSite built31.67 Eric TaylorMobile home21.56 Indian HillsMobile home11.72 Laymon CruthisSite built113.56 Nathron PeelerSite built43.16 Oak Ridge EstatesSite built171.47 Old English EstatesSite built620.05 Providence VillageMobile home662.05 Quaker Village NorthSite built53.25 Vickory EstateSite built65.71 Walden PondSite built361.03 Weatherly FarmsSite built150.62 White OaksSite built132.29 Winfield EstatesSite built291.10 Winfield WestMobile home371.24 Woodfield AcresSite built1751.98 WoodstreamSite built261.50 Total number of site built homes ......................................................................................................378 Average square footage of site built homes ...................................................................1,879.00sq. ft. Largest site built home by square footage .....................................................................4,227.00sq. ft. Smallest site built home by square footage .......................................................................400.00sq. ft. Total number of mobile homes .........................................................................................................230 Percentage of site built homes ..................................................................................................62.18% Percentage of mobile homes ....................................................................................................37.82% Total number of acres ....................................................................................................2,597.14acres Average acreage ...................................................................................................................3.26acres Page 4of 68/10/2020Development Impact Analysis Total acreage in tax-deferred farms ..................................................................................303.52acres Community Land Uses CommercialFarming ForestryIndustrial ResidentialChurch facilities Other: Special Community Districts Airport Overlay DistrictCluster Subdivision Overlay District E-1DistrictsRural Lot Subdivision Overlay District Rural Business Overlay DistrictIndustrial Overlay District Scenic Corridor Overlay DistrictCommercialEnvironmental Overlay District Voluntary Agricultural DistrictConventional Subdivision Overlay District Unique Rural Land Uses in the Community HLPC Landmark/Cultural Heritage SiteNational Historic Landmark National ForestNatural Heritage Designated Sites Trailway as part of the County Greenway PlanYouth Camp(s) A GRICULTURAL I MPACT (Within One mile of proposal) Adjoining farm properties: Are all well minimum setback lines noted on plat?N/A Tax-deferred farm properties Property ownerParcel IDLocation Clarence Eugene Reynolds7787127709R2114;S Clarence Eugene Reynolds7787139858R2114;N Clarence Eugene Reynolds7787230147R2114;Both Coltrane Family Properties, LLC7777071648R2114;N Deeded Access Coltrane Family Properties, LLC7778419355R2105;Deeded Access Inez R Reynolds7787029611R2114;S No Road Frontage Inez Reynolds Family Trust7786172728R2116;Both R2114;Both Robert J Reynolds7787256984R2114;N Deeded Access Wayne E Reynolds7787361629R2114;N No Road Frontage Wayne Edward Reynolds7787230147R2112;W Farm operations that begin afterthe development of a major residential subdivision must abide by the 100 ft. waste setback rule on the farm property. Page 5of 68/10/2020Development Impact Analysis O THER M ATERIALS S UBMITTED Buffer site plan Land Clearing Debris Plan Open Space Uses and maintenance agreements, if applicable Proposed deed restrictions Soil analysis Soil erosion plan, storm water management plan, etc. Other: Page 6of 68/10/2020Development Impact Analysis COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY ACE AVANT REAL PROPERTY COMPANY, INC REZONING REQUEST #2020-00002420 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD 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 Ace Avant Real Property Company, Inc., are consistent with the Randolph County Unified Development Ordinance and 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 southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area. Secondary Growth Areas are generally transitional in nature and uses change from commercial and agricultural uses to more residential uses B. Consistency with Growth Policies in the Growth Management Plan Policy 6.2 Major subdivision development which does not have access to either central water or sewage facilities should locate in areas where soil and geological characteristics are conducive to the long-term support of on- site systems such as wells and septic tanks. Consistency Analysis: This area of the County is not served by either water and sewage facilities, and as such, the development will rely on soil and geological characteristics that would allow septic systems and wells. Based upon this along with the existing development patterns established in the area, this request is consistent with the Growth Management Plan. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: Of the twenty-five subdivisions within one mile of the proposed subdivision location, eight are mobile home subdivisions with the remaining seventeen subdivisions being site-built subdivisions. Based on this calculation, allowing the creation of this subdivision would allow viable rural neighborhoods to be in compliance with the Growth Management Plan as it would ensure major housing in an area already infused with major housing developments. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. 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 Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion toAPPROVEthis rezoning request to rezone the specified parcel(s) onthe rezoning applicationto the requested zoning district based upon the Determination of Consistencyand Findings of Reasonableness and Public Interest statementsthat areincluded in the Planning Board agenda,submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s)with any and all agreed upon revisions, also incorporated into the motionand that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .”and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINARANDOLPH COUNTY PLANNING BOARD “I make the motion to DENYthis rezoning request to rezone the specified parcel(s) on the rezoning applicationto the requested zoning districtbased upon the Determination of Consistency and Findingsof Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed upon revisions, also incorporated into the motionand that the request is notconsistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion.