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12DecemberPB RANDOLPH COUNTY PLANNING BOARD MINUTES December 3, 2019 There was a meeting of the Randolph County Planning Board on Tuesday, December 3, 2019, at 6:30 p.m. in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro, NC. Chairman Pellcalled the meeting to order at 6:30 p.m. and welcomedthose in attendance. Pell called for a roll call of the members. Jay Dale, Randolph County Planning and Zoning Director, called theroll of the members. Reid Pell, Chairman,present; Wayne Joyce, Vice Chairman,present; John Cable,present; Keith Slusher,present; Kemp Davis,present; Melinda Vaughan,present; Ralph Modlin,present; Michael Koehler, Alternate,present;and Reggie Beeson, Alternate,present. County Attorney, Ben Morgan was also present. Daleinformed the Chairman that there was a quorum of the members present for the meeting. Pellcalled for a motion to approve the consent agenda as presented. Consent Agenda: Approval of minutes from November 5, 2019, Planning Board meeting. Approval of agenda for December 3, 2019, Planning Board meeting. Approval of the Planning Board meeting schedule for 2020. Approval of Special Use Order for His Laboring Few Ministries. Approval of Resolution Changing the Date of the Planning Board meetings. Davismade the motion to approve the consent agenda as presented with Slusher making the second to the motion. The motion was adopted unanimously. Pellcalled for any old business to bebrought before the Board. Hearing none, the Board moved forward with the cases on the agenda. Planning BoardMinutesDecember 3, 2019Page 1of 22 Daleread the Conflict of Interest statement.No Board members indicated a conflict with any of the cases to be considered.Dalethen presented the first case of the night along with site plans and pictures of the site and surrounding properties. SPECIAL USE PERMIT REQUEST #2019-00002920 JESSE J McADAMS,Denton, NC, is requesting a Special Use Permit at his residence at 8664Woods Dairy Rd, Concord Township. Tax ID# 6781748004. The Special Use Permit would specifically allow the applicant to obtain a Federal Firearms License and operate an in-home, internet sales, gunsmithing and small arms manufacturing without an outside firing range. Pellopened the public hearing and asked if anyone was present in favor of the Special Use Permit request. Daleadministered the oath to Jesse J McAdams. Jesse JamesMcAdams, 8664 Woods Dairy Rd., Denton, NC said he isa business owner of M&M Welding and Fabricationsand is interested in obtaining a federal firearms license which will allow him to conduct small arms manufacturingand gunsmithing at home in the evening. Modlinasked if all of this would be handled online or if there would be a lot of anticipated traffic.McAdamssaid some of his operation would be handled online but the main goal is for gunsmithing although therewould not be a tremendous amount of traffic. Cableasked if there would be a lot of traffic due to shipping.McAdamssaid he has two driveways that are very accessible and there would not be an impact on the neighbors. Pellasked if there was anyone else present in favor of the request.Hearing none,Pell asked if there was anyone in opposition to the request.Hearing none, Pellclosed the public hearing for discussion among the Board members and a motion. Davismade 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.Slushermade a second to the motion to approvethe Special Use Permit request. Pellcalled the question on the motion to approve the Special Use Permit request for Planning BoardMinutesDecember 3, 2019Page 2of 22 Jesse J McAdamsand the motion was adopted unanimously and the Special Use Permit was granted. Daleinformed McAdams that his Special Use Permit had been granted by the Randolph County Planning Board. Dalepresented the second case of the night along with site plans and pictures of site and surround properties. REZONING REQUEST #2019-00002977 ISAAC D YOW,Asheboro, NC, is requesting that 1.17 acres out of 3.35 acres at 3313 Pisgah Covered Bridge Rd, Cedar Grove Township, be rezoned from RA –Residential Agricultural and RR–Residential Restricted to HC-CD–Highway Commercial – Conditional District. Tax ID# 7647783936. Secondary Growth Area. The proposed Conditional Zoning District would specifically allow an automotive repair shop in a proposed 30 ft. by 50 ft. building and automotive sales with a 5-car display area as per site plan. Pellopened the public hearing. Isaac Daniel Yow,3313 Pisgah Covered Bridge Rd., Asheboro, NC said he would like to have automotive repair and 5 car sales lot located at his home. Joyceasked if there would be any outside storagefor junk parts, etc.Yowanswered no, hesaid he did not want a junk yard. Cableasked if an outside fence was planned.Yowsaid there would be a fence installed between the proposed building and neighbor. Davisasked about the location of the building in relation to the property line and if there would be a natural tree line between his property and the neighbor’s.Yowsaid the existing wooded area would have to be thinned out and he would eventually install a fence for the neighbor’s privacy. Cableasked if the fence would be 6 ft. or 8 ft. and if it would be a privacy type fence.Yow said he would install an 8 ft. privacy fence in the future.He said the neighbor indicated that he is fine without a fence but he will install one out of respect. Cableasked how much noise he would anticipate.Yowsaid it would be minimal, most of the noise would be contained within the building. Slusherasked about the hours of operation, oil storage and disposal.Yowsaid he would be open from approximately 4 p.m. until 9 p.m., he would purchase anabove-ground oil tank for storage and contractwith a waste oil management company that will pick up the used oil, antifreeze etc. Planning BoardMinutesDecember 3, 2019Page 3of 22 Pellasked if there was anyone else present in favor of the request.Hearing none, Pell asked if there was anyone in opposition to the request.Hearing none, Pellclosed the public hearing for discussion among the Board members and a motion. Joycemade 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 Intereststatements 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 intothe motion and that the request is also consistent with the Randolph County Growth Management Plan.Slushermade a second to the motion to approvethe rezoning request. Pellcalled the question on the motion to approve the rezoning request for Isaac D Yow and the motion was adopted unanimously and the rezoning was granted. Daleinformed Yow that his rezoning request had been approved by the Randolph County Planning Board. Dalepresented the third case of the night along with site plans and pictures of site and surround properties. REZONING REQUEST #2019-00003049 LANIER, INC.,Asheboro, NC, is requesting that 1.84 acres located at the intersection of US Hwy 220 S and Lewis Ctry Dr, Union Township, be rezoned from RA –Residential Agricultural District to CVOM-CD–Conventional Subdivision Overlay Mixed –Conditional District. Tax ID# 7657758130. Primary Growth Area. The proposed Conditional Zoning District would specifically allow the division of a lot in the Lewis King subdivision into 2 lots for manufactured housing as per site plan. Pellopened the public hearing. Don Lanier,6048 Sandy Creek Church Rd., Staley, NC, officer for Lanier, Inc., told the Board that would require septic systems, have public water available and both lots meet the minimum lot size and road frontage requirements. Davisasked if the driveway access would be located on Hwy 220 Bus. South.Lanier saidhe planned to have both driveways located to the south of each lot in lieu of site distance,with the possibility of the corner lot having access from either 220 Bus. South or Lewis Ctry Dr. Pellasked if there was anyone else present in favor of the request.Hearing none, Pell asked if there was anyone in opposition to the request.Hearing none,Pellclosed the public hearing for discussion among the Board members and a motion. Planning BoardMinutesDecember 3, 2019Page 4of 22 Davismade 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 Intereststatements 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.Cablemade a second to the motion to approvethe rezoning request. Pellcalled the question on the motion to approve the rezoning request for Lanier, Inc., and the motion was adopted unanimously and the rezoning was granted. Daleinformed Lanier that his rezoning request had been approved by the Randolph County Planning Board. Dalepresented the fourth case of the night along with site plans and pictures of site and surround properties. REZONING REQUEST #2019-00003166 SLIDER SOLAR, LLC,Raleigh, NC, is requesting that 40.70 acres, out of 45.79 acres, on Hoover Hill Rd, just past Old Park Rd, Trinity Township, be rezoned from RA – Residential Agriculturalto LI-CD–Light Industrial –Conditional District.Tax ID# 7715861937. Primary Growth Area. The proposed Conditional Zoning District would specifically allow a 5-megawatt solar farm as per site plan. Pellopened the public hearing. Tom Terrell, 300 N Green St., Greensboro, Fox RothschildAttorneys at Law, representing Renewable Energy Services, said hehas represented companies in three states designing over a hundred of these facilities and found that Counties which allow these facilities have realized the benefit of increased income without the traffic,noise, and negative environmental impact to others. He said thereis nothing to opposealthough people do not like change. Terrellsaidthe same property had previously received arecommendation of approval by the Planning Board for a solar farm and due to issues with Duke Energy, the request was not completed.He also said prior to the solar farm request, a request for a subdivision had been made and denied because the neighbors did not want houses because of traffic among other things. Terrellprovided a notebook to the Planning Board and discussed the contentsincluding the application; site plan;acopy of a 6-page letter that had been sent to the neighbors including as much information possibleregarding solar farms and their proposal, including contact information for the neighbors in case therewere any questions or concerns;a section of the ordinancewhichpertains to solar just to show theirrequest exceedsthe Planning BoardMinutesDecember 3, 2019Page 5of 22 requirements of Randolph County;a statement from an electrical engineer who would be speaking to them as well; an operations and a de-commissioning plan;and a report, “Increased North Carolina County Tax Revenue from Solar Development”,which demonstrates the increase of taxable incomeof solar farms. Matthew Delafield,co-owner and chief operating officer of Renewable Energy Services which also owns Slider Solar, LLC.He said he has been with this project since its conception in 2015 and the initial issues with Duke Energy have been resolved, allowing them to askfor the Board’s approval once again to complete the project. Delafieldsaid the proposed project is a 5 mega-watt solar farm, fairly standard in North Carolina,with fixed tilt panelswhich means the panels willsit about 20 degrees due south to absorb as much of the summer sun as possible.He said he knows that people would prefer to look at grassy fields rather than a solar farm so they design their projects with as little impact as possible, taking the neighbors into consideration.He said although the ordinance requires a Level 2 buffer, they have planned a Level 3in addition to leaving as much of the existing vegetation as possible for more protection to the neighbors.He said in addition to the buffers, they have already decided to remove thesmall section of panels shown in the southeast corner of the site plan. Delafieldstated that there would be a bond provided covering the cost of decommissioning the sitein order to protect the County as well as the neighbors and the maintenance plan is included in the notebook provided by Terrell.He asked the Board if there were any questions for him. Vaughanasked how long it would take for the proposed buffer to be established. Delafieldsaid it typically takes three to five years and they would be willing to add some type of opaque screening along the road and the portions of property that adjoin residences until the buffer could be established if needed.Vaughansaid the greenery would be amore attractive buffer although she would like to suggest a maintenance clause.Delafieldsaid they could increase the frequency of on-site checks for landscape as well. Cableasked Delafieldif he could confirm that the posts would be removed as part of the decommissioning plan.Delafieldsaid the post as well as the subterranean conduit would be removedbecause it is economically motivating to do so; the posts are made out of stainless steel and are quite valuable.Cableasked if the surety bond would cover the full 45-years.Delafieldsaid bonds are typically re-assessedevery ten years to make sure the value is still appropriate and the value of the bond is calculated by an independent engineer. Slusherasked Delafieldhow long he has been in business and how many solar farms he is operating.Delafieldsaid he has been in business since 2013; developing the projects not operating.He said they are in partnership with Sole River Capitalwhich has 85 projects in the Southeast and will be the end owner/operator of the facility.He said he believes they have six facilities in North Carolina which are either operational or under Planning BoardMinutesDecember 3, 2019Page 6of 22 constructionand they are willing to abide by any concessions that are made upon approval. Ricky Bevan,4557 Hoover Hill Rd., Trinity, owner of the proposed property, said he and his wife Kay purchased the 100 acre propertyin 2008 beside their 32 acre tract of land where they reside to prevent development of the property.He said they put half of the acreage in conservation immediately to prevent it from ever being developed and have tried to find a way to generate income from the remaining property other than chicken houses and housing development that has low impact to the neighbors and is environmentally friendly.He said he is hoping the neighbors will see this proposal as a positive aspect for this property and the guarantee that the land will not be developed by anyone for the next 40 years. Chris Sandifer,3118 Green Rd., Spring Hope, NC, said he is an electrical engineer, a licensed electrician with unlimited license, has worked for Duke for 30 yearsand is also aPlanning Board Member of Nash Countywhere there have been 37 solar farms approved to date.He said he is a landowner with 100 acres of solar panels as well. He also said he has been around solar for the last 10 years and is very familiar with the installation and removal; thetechnologyis not new, it has been around for at least 50 years, some even 100 years.He said this is a good way to maintain land within a family as tax rates riseand the project design will not endanger the health and safety of anyof the residents in Randolph County. Rich Kirkland,9408 Northfield Ct., Raleigh, NC, Kirkland Appraisals, said he has been a certified general appraiserfor 23 yearsas well as an MAI through the Appraisal Institute andhas been asked to speak to the Board regarding the impact analysis included in the notebook provided by Tom Terrell.He said he has looked at approximately 650 solar farms in the past eight years, most of them located in North Carolina. He explained the process for his analysis and stated there is typically no real change in market value for surrounding real estate;if any, slightly on the positive side.He said usually when you find an impactto surrounding property values, it is due to environmentally hazardous material, odor, noise, traffic, stigma with the smallest impact being appearance which is usually associated with cell towers, billboards, and tall buildings which cannot be screened like solar farms. Terrellsaid Kirkland had concluded their presentation, however, they would be available for any additional questionsif needed. Morganexplained that the applicant or his representatives would have the opportunity to speak at the end and answer any questions anyone may have. Pellasked if there was anyone else present that would like to speak in favor of the request.Hearing none, Pellasked if there was anyone present in opposition of the request. Kim Lee,4474 Old Park Rd.,Trinity, NC,said the previous request for development of Planning BoardMinutesDecember 3, 2019Page 7of 22 modular homes on the property was consistent with the area and feels a solar farm is most definitely not consistent and is not in a typical location for one either.She said she appreciated the appraiser coming up and stating what the solar farm wouldor would not do to property values and would argue that there is a big difference between appraised values and saleability.She said Ricky Bevan said he hoped the neighbors would see this asapositive proposal; speaking on behalf of all the neighbors, they are all in opposition. Leesaid she would like to make a correction to a statement made by the attorney that a housing development was approved for this site.She said Bevan purchased the property before a final decision could be made and the requestwas withdrawn. Leeasked if she would be permitted to speak on behalf of some of the neighbors who were unable to attend; there was a short notice for the hearing, especially with the holidays.Pellasked if she had a list of the people she was referringto.Leesaid she didn’t have anything typed up but could give him the names.She said she had spoken directly to the Ruddick, Watkins, Johnson and Routh families which are all in opposition and could not be present for the meeting. Leesaid she is not opposed to solar, she believes the facilities serve a purpose and have a place in North Carolina,there are many locations within the County that are suitable for solar farms and the proposed location is not one of them. Leeprovided several handouts and photos with the following comments in opposition of the proposal: She said she has concerns regarding the ownership of a company headquartered outof Singapore,registeredas a North Carolina company,not having North Carolinians best interest at heart(Exhibit#1); Other solar farms in Randolph County are located in less developed areas and are more suitable than theproposed site(Exhibit#2); andtheir investments were made in arural, not industrial area,prior to Bevan’s purchase and none of them would have done so if the proposed site had been industrial.(Exhibit#3). She then referenced three objectives from the Randolph County Growth Management Plan: 1.To encourage quality and Sustainable Growth; 2.Provide guidance onrezoning and growth related issues;and 3.Recognize that sustainable economic growth, environmental protection and rural quality of life can be pursued together as mutually supportingpublic policy goals. Leesaid she would argue that a multi-acre industrial site would not meet the standard quality of growth in an area zoned for Residential Agriculture, especially by those that will be most affected by the facility including herself and her adjoining property owners and in regards to number 3, she said she would confidently speak for herself and her neighbors in attendance,as well as those who were unable to attend,that construction of an Planning BoardMinutesDecember 3, 2019Page 8of 22 industrial solar farm would absolutely, concretely, and negatively impact their quality of life.She said based on this information, she feels it is the duty of the Board to deny the request. Leesaid she and her husband have made their lifetime investment into this property and asked how it is fair for one man to profit from this type of project at the expense of everyone else around them. Leeexpressed concerns regarding the future quality of the water for them as well as their animals due to storm water runoff which feeds into their wells, creeks and ponds,sharing nearly 1400 ft. of property line with the proposed site (Exhibit#4).She also shared concerns of erosion from the runoff and provided photos (Exhibit#5),showing the existing problems and mentioned the potential harm from toxic metals. Leethen provideda handout (Exhibit #6) withinformation on potential lightning strikes and the damage that could occur to the equipment.She said if the equipment is damaged due to lightning strikes, we face an increased risk of fire, and toxic waste being be leached into soil,impacting the wells, pondsand creeks. She then quoted differentarticles, one stating there would be huge waste from solar panels in the future because they are hard to recycle;land used for solar farms would no longer be fit for farming; damagedsolar farms couldpotentially become hazardous; and asked who would be responsible for cleanup.She said she read in her research that there is no current plan for the disposal of waste from the 85,000 acres of solar panels weighing 475,000 tons. Leeprovided a portion of the Growth Management Planincluding economic pie chart (Exhibit#7) and stated there is only 0.02%allocated for Environmental Protection which is nearly zero.She asked how we could feel secure in knowing that Randolph County would have the ability take care of the any environmental impacts from an industrial facility especially if damagedor destroyed.She also expressed concerns for a decommissioning plan whenthere is no way to predict costs and the requirements 30-40 years from now. Leesaid her main concerns are health relatedand not knowing how a 5 mega-watt solar farm will affect the health of her family and her adjoining neighbors 10, 20 or even 30 years from now.She said although solar companies will imply there is no proof that solar is harmful, there is no definitive evidence that these solar farms are not harmfuleither. She said a real health study takes 20 years of testing and she willchallenge anyone in the solar industry present or across the nation, to produce a single study conducted that proves they don’t pose a health danger. Leesaid she andher neighbors are not wealthy although they are 100% committed to combining their energy, efforts and resources as long, far and as hard as necessary to fight itthe proposal, all the way to Supreme Court if needed. Cableasked Lee if the proposed Level 3 buffer would it be sufficient aestheticallyif installed.Leesaid it would not grow tall enough to cover anything for a long time to be sufficient and if she had to prioritize, the aestheticsis at the bottom of her list.She said Planning BoardMinutesDecember 3, 2019Page 9of 22 the health related concerns are priority.Cablesaid she had mentioned aesthetics multiple times and asked again if the buffer would satisfy her.Leeanswered no. Modlinasked Lee about the location of her home and asked if her road was state maintained.Leedescribed her home in relation to the proposal and said her road is not state maintained; she and her neighbors work on it all of the time.Modlinsaid he understood her to imply that she would prefer a 40-50 home development rather than solar.Leesaid she never said she would like 40-50 homes.She said she wants something consistent with the homes already there, possibly 10-15 acre tractswith compatible homes would be acceptable. She said she is not trying to prevent Bevan from making money off his property, she would just like to see it’s consistent with Residential Agricultural zoning.Davissaid several of the Board members are farmers and realize what it takes to pay for 100 acres of land.Vaughansaid Bevan mentioned chicken farming and asked Lee if there would be opposition due to the negative impacts associated with it.Leesaid she would not raise a concern about a chicken farm because she moved into an agricultural area. Pellasked if there was anyone else present to speak in opposition of the request. Jason Meyer,4669 Hoover Hill Rd, Trinity, NC, said he has concerns about run off from the property, the potential hazards that may affect his children and he expressed his concern for negative aesthetic changes and the reason they moved to the country to begin with. Kathy Hayes, 4643 Hoover Hill Rd, Trinity, NC, said she just picked up house plans to build her new home and has real concerns of how a solar farm will affect house value. She said if the request is approved, her entire back yard will have the view of solar panels. She also said she has concerns of health related issued caused by solar due to the lack of research. Hayessaid she understands Bevan’s need to do something with the land, she just doesn’t feel solar is the right thing.She said if the proposal is approved, she doesn’t feel the proposed buffer is enough. Hayesthen said she would also like to speak on behalf of her mom which lives at 4679 Hoover Hill Rd., and is probably most affected because her view will be of nothing but solar panels located approximately 15-20 feet from her drive. Chris Boggs, 4461Old Park Rd., Trinity, NC, said he has lived there for about 10 years and moved there to be in the country.Heexpressed his concerns for the possible decrease of property values and the unpleasing view that would be caused by a solar farm.He also talked about the elevation of the property preventinga buffer from actually blocking the view of the solarpanels and that a portion of the property shown on site plan would be of no use due to shading.He said the Meyer’s property would literally be right next to the panels where his children play. Planning BoardMinutesDecember 3, 2019Page 10of 22 Pellasked if there was anyone else present to speak in opposition of the request.Hearing none, Pellasked if anyone would like to answer some of the concerns from the opposition before closing the public hearing. Terrellsaid he would like to address some of the questions and concerns that have been mentioned.He said there is a claim that all neighbors are opposed to the request although Mr. Bevan could provide a list of neighbors that support his request.He said that most solar farms are actually located on the road, contrary to what hasbeen stated by the neighborsand said the question to askthem would be if they are speaking about an older solar farm with no requirements or one of the newer farms with three times the buffer requirements. Terrellsaid it is easy for a real estate agent to make statements of what would or would not potentially affect property values, it is different when an appraiser puts his license on the line with an actual study showing the results.He said in regards to the Growth Management Planand the quality of life, this project would protect the rural quality of life. He said it is dark at night, unlike homes that have security lights and no noise from traffic. Terrell also said solar panels have been classified as pervious which means there will be little difference in water absorption from storm water, having no additional impact on existing water run off problems. Modlinasked if grass would be sewn, fertilized and maintainedat a sod level to help with the waterrun-off.Terrellanswered yes and said there will be an erosion and sedimentation control plan put into place by the County or State as well. Terrellsaid Cypress Creek has nothing to do with this projectand the pine trees and power poles in the area are at much greater risk at getting struck by lightning than the solar panels as mentioned and they are not banned.He said the statement that land used for solar would be ruined for any future farming is incorrect, there are no harmful components of the panels. Terrellsaid that Bevans is currently paying agricultural tax rates and if approved, Mr. Delafieldwould be paying significantly higher rates as asolar farm.He said there is no plan for disposing of the panels because they are almost 100% recyclable and highly valuable. Terrellsaid regarding health issues, there is an electrical magnetic field produced by everything including refrigerators, computers, etc., and the solar farm would produce no more for you than standing in front of a refrigerator.He said the setbacks from the property line to the solar panels is actually 50 ft. which will meet or exceed County requirements. Cableasked if panels would be placed in the shaded areas mentioned by one of the neighbors.Delafieldexplained that the site plan isaconceptual plan and once the shade analysis is completed, they may find that some of the area(s) on the plan will not actually be utilized as shown;general design practices are to show the maximum footprint possibilities before studies are complete.He said in response to erosion control, it is Planning BoardMinutesDecember 3, 2019Page 11of 22 mandatory for sedimentation and erosion control plans be approved by the Department of Environmental Quality prior to any construction permits.He said the erosion control plans could possibly be beneficial to the adjoining property owners with theirexisting run- off issues. Davisasked what happens in the areasshown on the site plan that cannot be used. Delafieldsaid the areas will remain as is.Cableasked approximately how large is the shaded area that may not be used that would increase the setback.Delafieldsaid he would guess it to be two to three acres. Vaughanasked if an engineered sediment pond would address the issues of run off as well as any concerns of possible contaminants.Delafieldsaid he is not a civil engineer although he has worked with about 65 plans and the State has requirementsin placefor addressing those issues.Hesaid as far as contaminants, there havebeen countless testing done by government agencies that show no signs of contaminants associated with solar farms. Cableasked if there was a possibility of putting measures into place to prevent any run- off prior to beginning project.Delafieldsaid all of the erosion control measures, required by the State, are taken prior to any grading or construction.Cableasked if the existing run-off problems for Ms. Lee would be eliminated if these controls were to be put into place.Delafieldsaid he felt it would take care of the current issuesbecause there are no preventative measures being taken now.He said he feels the minimum requirement would be silk-fencing and probably much more. Bevantold the Board he would be willing to trade land with neighbors to satisfy the property line and obstructed view issues that have been brought up.Pellsaid those issues would be something that would have to be worked out amongst themselves. Pellasked if there was anyone else that would like to speak regarding the request prior to closing the public hearing.Hearing none, Pellclosed the public hearing for discussion among the Board members and a motion. Davissaid there have been several solar farms throughout the County, the most recent being located on Gold HillRd., and it is located in a very populated area.He asked if they could be given some history on the application(s) for this property.Dalesaid approximately three yearsago, basically the same request was made and recommended by the Board to approve the request as Rural Industrial Overlay and it was pointed out by Ms. Lee that the zoning would be inappropriate based on the Growth Management.He said he originally had hesitation for Light Industrial zoning due to the densely populated area and after reviewing it, decided Light Industrial zoning would be more appropriate for the request.He said the original request never moved forward to the commissioners.He said the process has changed since the original request and the Planning Board now makes the final decision.Davisasked why the request was never heard by the County Commissioners.Delafieldsaid at the time, Duke Energy would not approve the formulated connections.He said over time, those issues have been resolved and they Planning BoardMinutesDecember 3, 2019Page 12of 22 are ready to move forward with the request. Cableasked if they were using the same technology as before.Delafieldsaid it would be exactly the same although they have resolved issues with Duke by coming up with a solution to bypass regulators that once prohibited them to connect,now allowingthem to proceed with the request.He said at the time of the first application, Cypress Creek was involved and no longer have an ownership stake in the project. Davisasked if any of the decisions were made due to Bevans changing his mind orplans for the project.Delafieldanswered no.He said it was a problem on their end and Mr. Bevans has been very patient with them to resolve all of the issues. Modlinsaid the farm he grew up on has been split by the Interstate 85/74, so he can definitely understand the concerns of the neighbors not wanting their lifestyles to change. He said the day and age we live in, there will be change.He also said no one wants to see land removed from agricultural use any more than him, however, hefeels this would probably the best use of the property in minimizingtraffic from Hoover Hill Rd. Modlinmade 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 Intereststatements 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 theminutes, 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.Davismade a second to the motion to approvethe rezoning request. Pellcalled the question on the motion to approve the rezoning request for Slider Solar, LLC.,and the motion was adopted unanimously and the rezoning was granted. Daleinformed Delafieldthat his rezoning request had been approved by the Randolph County Planning Board. Pellasked for there to be a 10 minute break @ 8:24 p.m., before proceeding to the next case.The Planning Board reconvened at 8:33 p.m. Dalepresented the last case of the night along with site plans and pictures of site and surround properties. REZONING REQUEST #2019-00003161 NASH DUGGINS,Asheboro, NC, is requesting that 45.43 acres located on NC Hwy 49S and Old NC Hwy 49, Cedar Grove Township, be rezoned from RA –Residential Agricultural Districtand RR–Residential Restricted Districtto CVOE-CD–Conventional Subdivision Overlay Exclusive –Conditional District.Tax ID #7639187958. Secondary Growth Area. The proposed Conditional ZoningDistrict would specifically allow a 22-lot site built subdivision with a minimum house size of 1,750 sq. ft. as per site plan. Property Planning BoardMinutesDecember 3, 2019Page 13of 22 Owner: Terry Charles Vuncannon. Pellopened the public hearing. Nash Duggins, 3092 Old NC Hwy 49, Asheboro, NC, said he has addressed some of the concerns raised by the neighbors during the previous request and feels that he meets all of the requirements of the Unified Development Ordinanceas well as the Growth Management Plan.He said he feels that it is importantto point out that the staff from the Planning Department have made a recommendation to the Planning Board to approve the request.He pointed out some of the changes that have been made to address the issues from the neighbors such as the removal of an additional accesspoint to the residual acreage between two lots;shortened the Farmwood Ln extension, providing access to the residual land by Hwy 49;reduced the number of requested lots;and has added a “no burn” statement on the plat.He said there would be no burning, there would be grinding of stumps and debris from the clearing of the property and everything would be disposed of properly.He said they have even went one step farther to add a statement that agricultural uses cannot come through Farmwood which would currently be allowed without this proposal.He said the acreage calculation mistakes have all been corrected and he doesn’t know of any other technical mistakes that were an issue. He askedthe Board if they had any questions for him. Dalesaid aletterhas been provided by NCDOT stating no additional connections would be allowed to NCHwy 49, requiring any further development to access through Farmwood and an additional letterwas issued, dedicating an SR number by NCDOT to show that Farmwood has been taken over by the State.Dugginssaid he was correct and the assigned number for Farmwood is SR 3304. Davisasked Duggins if Farmwood Lnwould end as shown on the current plat.Duggins said it will end for right now with the possibility of future use if additional approvals are granted.He said every other road in Farmwood has a finished cul-de-sac and this road was left with gravel at the end with intensions of future development.Davisasked if the road (at lot 20) will have a cul-de-sac or will it be a dead-end road.Dugginssaid it will be a dead-end, leaving the possibility for future development just like it is now with enough distance for a turn around. Cableasked if the road extension would provide access to Hwy 49.Dugginsanswered no. Joycesaid NCDOT said they could not enter from NC Hwy 49 if he has understood correctly.Dugginssaid it would be more dangerous to add an additional entrance to Hwy 49.He also said they will not be required to do anything additional to the existing entrance of the development.Joycesaid when you look at Farmwood versus Oak Hollow, there may be 3 times more houses located in Oak Hollow with only one entrance and there havebeen no issues.Dugginssaid that is correct.He said he thought there were over 100 lots in Oak Hollow and Farmwood currently has approximately 47 and if approved, he would be adding 22 lots. Planning BoardMinutesDecember 3, 2019Page 14of 22 Pellasked if there was anyone else present to speak in favor of the request.Hearing none, Pellasked ifthere was anyone present to speak in opposition of the request. Lou Jones, 1487 Allen Ct, Asheboro, NC, thanked the Board for the opportunity to speak. He said first of all, since the letter regarding no additional entrances has been mentioned, he would address that first.He said NCDOT was asked about entrances for this proposal as an extension of 22 lots in Farmwood rather than developing a separate parcel as requested by the neighbors due to the 1,750 sq. ft. house size not being compatible with the existing homes in Farmwood, particularly with the homes in Phase 3.He said NCDOT was never asked to consider an entrance to developthe200 acres as a separate parcel so it cannot be concluded that the only way to develop this property is through Farmwood. Jonessaid he spoke to Mr. Charles Vuncannonyears ago regarding the future of Farmwoodand he was told that Farmwood Ln was left purposefully with a dead end, providing the possibility of future development and stated he would require the same deed restrictions that were currently placed on Farmwood. Jonessaid in regards to the changes that have been made, hesaw the concession that had been made for agricultural access which heappreciates.He said he would like to point out that the other changesmade by Duggins’ proposal are corrections, not concessions, and should not be implied as such.He said the house size proposed is still 1,750 square feetand feels it is not compatible with the existing housing.He said compatibility, was upheld by the Board on September 10, 2019.He said the refusal to change the square footage to be in line with the existing homes in Farmwood, particularly Phase 3, was notedthree times in the written Findings of the Board’s decision. Jonessaid Farmwood homes average over 2,400 square feet although the minimum required square footage is 2,000.He said the proposed house size is 650 square feet (27%)smallerthan average and that number becomes important.He said the County Commissioners determined there had been a levelof change exceeding 10 percent, which they defined as “significant”.He asked the Planning Board to consider the same definition be considered when deciding that the proposed homes are substantially smaller than the existing homes in Farmwood.He said there are three homes in the 1,500 square foot range with a total of eight homes less than 2,000 square feet within Phase 1 and Phase 2 although the average home within the entire community is 2,400 square feet.He said the average house size in Phase 3 is 2,579 square feet, making the proposed house size 829 square feet (32%), smaller.He said the large variance of house size constitutes a threat to the value of the existing homes and he doesn’t understand why the request is before the Board again when there have been no changesmade by the Developer to increase the house size.He said it was a major issue in the findings by the Board previously. Jonessaid although the agricultural access issue has been resolvedandthe neighbors do not want anyone to be able to access the additional land through Farmwood.He said Farmwood is a cul-de-sac community and Farmwood Ln should become a dead end street for future Farmwood lots only or terminated as a cul-de-sac.He said they don’t Planning BoardMinutesDecember 3, 2019Page 15of 22 want someone to buy the additional land, develop mobile home parks and access the property through Farmwood without restrictions placed on it. Jonessaid Farmwood is currently a custom home subdivision and the minutes from the previous meeting referenced the possibility of building “spec” homes to start the development;builder’s would not want to build on a lot requiring homes to be larger than 1,750 square feet due to costs of construction.He said they want to maintain the characteristic of a custom built home, cul-de-sac neighborhood picked deliberately by the neighbors for those reasons. Jones said current Farmwood homes have a total value assessed by the Tax Department as $13,743,000.00, generating tax revenue for the County at a little over $105,000.00.He said if the potential decrease of home values areno more than 10%, it would be a decrease in $1.3 million tax value which needs to be consideredby the Board.He asked those in the audience in support of his arguments to stand up.There were 24 citizens who stood in support. Jonesthanked the Board for their time and asked them to deny the request.He said there has not been enough change to warrant approval and it does not meet the requirementsto be compatible to the existing neighborhood. Ann Shaw, 1555 McDaniel Dr., Asheboro, NC said there is no benefit to current Farmwood residentswith the rezoning proposal.She said there has been no consideration for the concerns of the residents by Mr. Duggins since the lastmeeting on September 10, 2019; heis still refusing to increase the minimum house size to be compatible with the adjoining property;there is still uncertainty of what will happen with the remaining portion of the 200 acres;heis still vague about access;and is adamant about using Farmwood’s existing access although it has been requested he obtain a new access. Shawsaid in regards to the letter from NCDOT, she was told by a Division Engineer that a separate entrance could be considered at the request of the Randolph County Commissioners and she didn’t feel that NCDOT would force another development to use Farmwood foraccess if it was a separate development from Farmwood as they have requested. Shawsaid after years of construction, residents of Farmwood can finally see a possible end totheconstruction phase and they do not want see the heavy trucks and equipment funneled through Farmwood for a new section for years to follow.She said Duggins will be exposing their neighborhood to over 200 acres of unknown development and she has still not heard definitively that extending Farmwood Ln would not eventually create a link between new NCHwy 49 to Old Hwy 49. Shawsaid kids ride their bikes throughout the neighborhood with and without their parents and the traffic from clearing the property of debris will become a safety issue.She said Duggins’ intensions may be good but after seeing so many errors and inaccurate Planning BoardMinutesDecember 3, 2019Page 16of 22 statements made from the beginning of the process, there is no confidence in Duggins’ ability to create anything that is compatible to Farmwood as it currently exists,with what appears to be his first attempt at real estate development.She said she doesn’t want their homes and investments to be diminished by being part of his experiment.Shaw told the Board that Duggins had shared his resume with the neighbors at the Neighborhood Information meeting to give them an idea of what he has developed and asked if she could share copieswiththe Board.Pell asked her to give a copy to the Clerk for the record.She said after reviewing the resume, there is nothing that shows Duggins has had experience in subdivision development in the past, she said Duggins has still not made any concessions because of the cost to him so he insists on using their neighborhood, their resources and access points at their expense.She said she would say again, “There is absolutely no benefit tocurrent Farmwood residents with this rezoning proposal”.She said this proposal will only cause problems for the residents which will be avoided by keeping his development separate andapart from Farmwood. Pamela Freeman, 2248 Farmwood Ln., Asheboro, NC,read from a prepared letter written to the Board and informing them that there had been steps taken to reinstate deed restrictions of Farmwood and the residents of Farmwood are united.She said one of the ongoing concerns from the residents is what will happen with the remaining portion of the 200 acresof which they have neverbeengiven a clear answer.Freeman said she had heard there would be 53, one-half acre lots developed and wondered if that was the reason for the 1,750 square feet.She asked who would be responsible for the decreased value of her home, given the proposed square footage is much less than the average home in Farmwood.She said there has already been costs to them for repairs needed after road work was completed.She mentioned the original owner, Charlie Vuncannon and the care he had for the residents of Farmwood buthis son just wants to sell the property and cut all ties from Farmwood. Freemandiscussed the access off NCHwy 49and the costs involved being too cost prohibitive for anyone leads them to believe that by extending Farmwood Ln, it will eventually become access to the rest of the property.She also pointed out that the names for the owner of the property, applicant for the request and the name on the restrictive covenants were all different and asked if that did not warrant the request to be null and void. Freemandiscussed the changes Duggins made for the most recent proposed platwith the lot and access changes and said there have been no changes to the minimum square footage.She said the final statement of the Reasonableness and Public Interest Analysis, provided to the Planning Board at the September 10, 2019,meeting stated “that the request is not reasonable and in the public interest for all of the reasons stated above; the applicant refused repeated requests by area residents and the Randolph County Board to increase the minimum house size to be more compatible with the existing portions of Farmwood.”She said if the proposal was not reasonable at the September 10, 2019,meeting, then it is still not reasonable. Freemanalso mentioned Duggins’ resume which he provided to the area residents at Planning BoardMinutesDecember 3, 2019Page 17of 22 their request.She told the Board several things she found in her research indicating that Duggins is not currently a licensed general contractor.Morgantold Freeman that Duggins’ general contractor’s license is not relevant to the request for development. Freemansaid she was pointingout her findings to show Duggins’ character.Morgantold Freemanthe Board did make decisions for development on one’s character. Wade Dawkins, 1501 Allen Ct., Asheboro,NC, said he would like to read from a statement emailed to the Planning Department (copies were given to the Board prior to the meeting), written by Ron, Julie and their son, Seth Parrish who also reside in Farmwood.He said they couldnot be present for the meeting because they were currently out of the country.The letter stated that they had invested their lifetime of savings into their property for the up-scale nature of the neighborhood, quietness and the streets that were used only by the residents.The letter also stated their concerns for the decrease in value to their homes if smaller homes were allowed;the proposal would not be keeping with the standards of compatibility, comparability or similarity with the immediately surrounding neighborhoods of Farmwood or Oak Hollow;and their investments would be stolen from them if this proposal were to be allowed.The letter stated that the seller and developer of the proposal wanted to use the name and reputation of the Farmwood Subdivision to make it more attractive to potential buyers;if the proposal is to be called Farmwood it shouldhave the same standard and current restrictions equal to the average square foot of the present homes.There was a statement thanking the Board for the sincere thoughts and deliberation they would put forward in serving everyone with wise and fair decisions.The letter followed up by asking everyone present at the meeting in agreement, to stand in support.There were 23 citizens who stood in agreement. Wayne Simpson,1524 Allen Ct., Asheboro, NC, said he is not asking fordevelopment not to take place, he justwants it to meet the same standards as Phase 3 which is 2,000 square feet for the minimum house size.He said all of the homes in that section are larger than the minimum and most are custom built homes.He said if the same standards are not followed,he would ask that it not be part of Farmwood but rather a separate subdivision with its own entrance and at a minimum, having its own construction entrance to prevent construction traffic passing through Farmwood.He said they are putting their trust in the Board to make the right decision. Charles Scott Morgan, 1530 Allen Ct., Asheboro, NC said he would address one of the arguments that he felt Duggins would have regarding the square footage of his home.He said his home is approximately 1,900 square feeton the bottom level with the potential of being over 3,000 square feet if the upstairs were to be finished.He also said he would like to point out that Mr. Charles Vuncannon, the original developer of Farmwood,was great about checking on the subdivisionto make sure it was maintained as required. Morgan then referenced another subdivision on the mountain, stating that the house sizes continue to increase instead of decrease, causing home values to rise.He said he would like to see the same for his subdivision, protecting their investments. Planning BoardMinutesDecember 3, 2019Page 18of 22 Pellasked if there was anyone else present that would like to speak in opposition to the request.Hearing none, Pellasked Dugginsif he would like to address any of the comments or questions regarding the request. Dugginssaid Morgan’s house was not one of the two houses he was going to point out but appreciated him doing so.He said 1525 and 1460 Allen Ct. are 1,995 and 1,911 square feet per tax records within a phase that should be a minimum of 2,000 square feet and were both spec homes which they seem to have a problem with and should not be an issue. Dugginsthen addressed several of the “character” statements made against him before moving forward with issues and questions regarding the proposal. Dugginssaid he does not know what will be done with the remaining portion of 200 acres at this time but it will have to come before the Board again for any future development request, a mobile home park would not be allowed without rezoning either.He said up to 3mobile homes could be placed on the property as it is without rezoning. Dugginssaid he would not agree with Shawbecause he has made concessions and corrections and pointed out that Shaw along with two others live in the phases of 1,500 square foot minimum.He said he doesnot understand how she can complain about the 2,000 square foot minimum. Dugginssaid he didnot know how many times he had already answered the question regarding the thoroughfare toNCHwy 49 but no one in their right mind would pay to install a road across the creek--it is unaffordable. Dugginssaid regarding construction traffic, Shawhas lived through two other phases of the development and this would be no different. Dugginsthensaid the personal attacks started on him at the Neighborhood Information Meeting (NIM) and he made the comment that he didnot have to be there.He said he would like make it clear for the record, he asked to have the second NIM to try and clear up any additional questions and make clarifications to the changes that had beenmade since the first application and meeting. Dugginssaid the residents have signed to reinstatetwo sets of restrictive covenants, oneset allowing the 1,500 andthe other set for2,000 square feet minimum house size. As far as the additional entrance, it is cost prohibitive whether anyone wants to hear that or not. Dugginsthen said the Parrishfamily has complained about the square foot value and stated they would have never bought a home in Farmwood if they thought smaller homes could be built in the already well-established neighborhood when they purchased in a Phase thatrequired only 1,500 square feet to begin with. Dugginssaid several people have stated that he is not showing good faith or willing to negotiate which he will argue.He said the original proposal askedfor much less square Planning BoardMinutesDecember 3, 2019Page 19of 22 footage, starting at 1,400 (which he said was an actually an error), then increasing to 1,500then 1,700 and now 1,750.He said at somepoint you have to stop and make a business decision.He said he should not be asked to spend thousands of dollars to build a construction entrance that is not normal or required, itis not good business. Dugginssaid, in reference to Morgan’sstatements, there are much smaller homes built next to larger homes on the Mountain as well and it has not affectedthe value of their homes; he said he feels 250 square feet will not affect the value of existing homes in Farmwood either. Cableasked what changes have been made since the last Planning Board meeting. Dugginssaid 3 lots were dropped, decreased the extension on Farmwood Ln., added a flag lot on the back side to eliminate and access point that had been a concern and changed the overall acreage that was shown on the site plans. Cableasked if he had changed from burning to grinding to satisfy people as well. Dugginssaid the notes on the plat had been changed although he had not realized it was there to begin with, it was an oversight of his and he never had intensions to burn. Cableasked if there is a letter provided by NCDOT that states he cannot have a separate entrance.Dugginsanswered yes and provided him with a copy. Cablesaid he understands it is not cost effective for anyone to come off NC Hwy 49 and cross the creek for development and asked if that was correct.Dalesaid he had asked Mack Summey, an engineer about that earlier and Summey told him it would basically require somekindof a bridge to cross. Davisasked if the residual 200 acres would be landlocked in any way.Duggins answered no.He said there is access to Old Hwy 49 and new NCHwy 49.Davisasked if developing any of the remaining property would require crossingwetlands and creeks from old Hwy 49.Dugginssaid there is access to this property near a gravel road (McDaniel Rd), beside Silos.Cableasked how much property was on that side of the creek off old Hwy 49.(It was not known). Dugginssaid he would also like to mention that the rumor of 53 half-acre lots has never been mentioned by him and regulations would not allow that small of a lot size.He said he had only mentioned the possibility of large tracts of land at this point.Morganreminded the Board that future lot development would require another public hearing. Vaughansaid she is from the Farmer community and they have a lot of pride in the neighborhood and the adjoining neighborhood creating a desirable community.She asked how hard it would be to raise the square footage to 2000 square feet even though she felt people would probably build larger homes.She said she felt it would be a sense of security for the existing residents even though 1750 square feet is the marketable number right now.Dugginssaid the cost of construction prohibits the commitment and he felt the 1,750 square feet meets the middle off the current 1,500 and 2,000 square foot minimums currently there and agrees that people will build what they choose just like the existing residents have done, most of them being larger than required. Planning BoardMinutesDecember 3, 2019Page 20of 22 Vaughanasked if he had set pricing for the lots based on his studies.Dugginssaid the prices have not been announced publicly although he feels the cost of the lots will not be under $30,000.00, which willdrivethe type of housing as well. Pellasked if anyone else had any questions.Hearing none, Pellclosed the public hearing for discussion and a motion. Joycesaid he has sit through a lot of housing development requests in the past and this must be the most emotional one he has ever sat through.He said he has looked through the Randolph County Growth Management Planand has found nothing by law that prohibits the approval of the request from the Board. Slushersaid the biggest differencefor him from the last meeting and this one is not the square footage, it was the mistakes which were questioned as intentional and feels they have all been addressed.Joyceagreed. Cablesaid he agreeswith the previous statement by Slusher.He said Duggins alluded to the mistakes made and he feels the Board has tried to hear all sides and proceed with caution.He said there were a lotof unanswered questions at the last meeting causing him to deny the request.He said he liveson a 5 acre tract of land in a development that requires a minimum of 2,000to 2,200 square foot house size and he thinks the smallest house is 4,200 square feet.He said builders will build based on supply and demand. Cablesaid there are some fence mending required from both sides,which the Board cannot fix,but they can ask forall involved to good stewards and neighbors.He said he had originally thought Duggins should be willing to create a new entrance on NCHwy 49 and after reading the email from NCDOT, it appears they don’t want Duggins to have an additional entrance. Cablethen thanked everyone for their passion, for being civil and for remembering that we are all good Randolph County residents. Joycemade 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 Intereststatements 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 theminutes, 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.Slushermade a second to the motion to approvethe rezoning request. Pellcalled the question on the motion to approve the rezoning request for Nash Duggins and the motion was adopted unanimously and the rezoning was granted. Daleinformed Duggins that his rezoning request had been approved by the Randolph County Planning Board. Planning BoardMinutesDecember 3, 2019Page 21of 22 Having no further business, Pellcalled for a motion to adjourn the meeting. Cablemade the motion to adjourn with Slusher making the second to the motion. Pellcalled the question on the motion to adjourn and the motion was adopted unanimously. The meeting adjourned at 10: 06 p.m. with 47 citizens present. RANDOLPH COUNTY NORTH CAROLINA __________________________ Planning Director _________________________________________________________ Clerk to the BoardDate Minutes approved on January 7, 2019 Planning BoardMinutesDecember 3, 2019Page 22of 22