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03MarchPB RANDOLPH COUNTY PLANNING BOARD MINUTES March 3, 2020 There was a meeting of the Randolph County Planning Board on Tuesday, March 3, 2020, at 6:30 p.m. in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro, NC. Chairman Pell called the meeting to order at 6:30 p.m. and welcomed those in attendance. Pell called for a roll call of the members. Jay Dale, Randolph County Planning and Zoning Director, called the roll of the members. Reid Pell, Chairman, present; Wayne Joyce, Vice Chairman, present; John Cable, absent; Keith Slusher, present; Kemp Davis, absent; Melinda Vaughan, absent; Ralph Modlin, present; Michael Koehler, present; and Reggie Beeson, present. County Attorney, Ben Morgan was also present. Dale informed the Chairman that there was a quorum of the members present for the meeting. Pell called for a motion to approve the consent agenda as presented. Consent Agenda: Approval of minutes from January 7, 2020, Planning Board meeting. Approval of agenda for March 3, 2020, Planning Board meeting. Approval of Order of the Zoning Board of Adjustment in the request of William H and Camille G Redding. Approval of Order of the Zoning Board of Adjustment in the appeal of Mont L. Mendenhall. Slusher made the motion to approve the consent agenda as presented with Joyce making the second to the motion. The motion was adopted unanimously. Pell called for any old business to be brought before the Board. Hearing none, Pell asked the Board to move forward with the cases on the agenda. Planning Board Minutes March 3, 2020 Page 1 of 7 Dale presented the first case of the night along with site plans and pictures of the site and surrounding properties as follows: SPECIAL USE PERMIT REQUEST #2020-00000326 MAX COLE, Asheboro, NC, has requested a Special Use Permit at his residence at 1452 Burney Rd, Union Township. Tax ID# 7656504637. The Special Use Permit would specifically allow the applicant to obtain a Federal Firearms License to operate an internet sales and gun smith shop for repair, restoration, customization and custom building of firearms in a proposed 40 ft. by 60 ft. building at his residence with no store front. There will be a test firing range for operator use only as per site plan. Pell opened the public hearing and asked if anyone was present to speak in favor of the Special Use Permit request. Max Cole, 1452 Burney Rd., Asheboro, said he is requesting the Special Use Permit to operate an internet sales and gun smith business at his residence allowing the repair, restoration and customization of fire arms in a proposed 40 ft. by 60 ft. building and although there would be no store front, there would be occasional traffic for deliveries of products and supplies. Cole said he would be using an existing firing range located behind his home, adjacent to the proposed building for testing. He said the firing range is a dirt berm with a wooded incline behind it with no structures in the line of sight. Cole also said he has spoken to the only neighbor within view of the proposed building and has said he has no issues with request. Modlin asked Cole if he would be working on handguns and rifles. Cole answered yes. Pell asked the Board members if anyone had additional questions. Hearing none, Pell asked if there was anyone else that would like to speak in favor of the request. Hearing none, Pell asked if there was anyone that would like to speak in opposition of the request. Hearing none, Pell closed the public hearing for discussion among the Board members and a motion. Slusher said the request seemed like a straight forward plan with no opposition. Slusher 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. Joyce made a second to the motion to approve the Special Use Permit request. Planning Board Minutes March 3, 2020 Page 2 of 7 Pell called the question on the motion to approve the Special Use Permit request for Max Cole and the motion was adopted unanimously and the Special Use Permit was granted. Pell informed Cole that his Special Use Permit had been granted by the Randolph County Planning Board. Dale presented the second case of the night along with site plans and pictures of site and surround properties as follows: REZONING REQUEST #2020-00000203 JEFF MOORE, Asheboro, NC, has requested that 13.84 acres located at the corner of Old Cox Rd and Fairview Farm Rd, Grant Township, be rezoned from E1 First Environmental to CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District. Tax ID #7677673718. Zoo Environmental Area. The proposed Conditional Zoning District would specifically allow a 9-lot site built subdivision with a minimum house size of 1,300 sq. ft. as per site plan. Property Owner: Lori Pritchard. Dale also gave a brief history of the E-1 district and why it had been put into place. Pell opened the public hearing and asked if there was anyone present to speak on behalf of the rezoning request. Larry McKenzie, 1021 Sunset Ave., Asheboro, said he and his partner for this project, Jeff Moore have been in land development for more than 30 years. He said their proposal is asking for only nine lots rather than the potential 12-lots this size property could allow. He said he has never had any issues with the neighbors after completion of one of their developments and feels everyone will be pleased with the finished project. Dale asked if the smallest lot shown on the proposed map as shown would be at least 1.5 acres. McKenzie answered yes. Jeff Moore, 2790 Hickory Dr., Asheboro, said he would be the general contractor for this project and has developed approximately 150 properties in the last ten years. He said he has never had issues with neighbors or code violations with any of his past projects and Lori Pritchard, 2201 Country Ln., Asheboro, owner of property, said she inherited the property which has been in her family for over 100 years. She said she has always envisioned a nice development for this area. Pritchard said she feels the property meets all county guidelines for development and woufor an approval of the request. Pell asked if there was anyone else that would like to speak in favor of the request. Planning Board Minutes March 3, 2020 Page 3 of 7 Hearing none, Pell asked if there was anyone that would like to speak in opposition of the request. Lorraine Williams, 4121 Old Cox Rd., Asheboro, told the Board she lives on the true corner of Old Cox Rd. and Fairview Farm Rd. which is not part of the request. She said a list of her concerns were provided in the (See exhibit #1 at the end of these minutes), so she would not go over all of those again. She asked the Board to consider a few concessions be made on their behalf if the decision was made to approve the request because her property would be most affected Williams explained that her husband has severe PTSD and his service dog and the rural setting around them with few neighbors help with his situation. She said his negative stressors will be highly impacted when the adjoining land is cleared and construction of homes begin. She requested that the developer be responsible for providing a 6-foot privacy fence just inside their property line at proposed lot five and a long-lasting buffer of hardy trees be planted just inside proposed lot five where it borders her property. She also requested the developer leave a natural buffer between all proposed and existing properties as well as a natural area be left in the middle of all of the proposed lots to help with wind, maintaining wildlife, water run-off and reducing noise as she sketched on the preliminary plat. (See exhibit #2 at the end of these minutes). Williamsalso requested that a coliform bacteria and inorganic chemical test be performed on her property by the Randolph County Health Department, at the cost of the developer, before and after the occupancy of the home located on lot five to show whether or not their water quality has or has not been negatively affected. She said her requests would be minimal in cost to the developer and major peace of mind to the current property owners. Pell asked the Board if they had any questions at this time. Hearing none, Pell asked if there was anyone else that would like to speak in opposition to the request. Linda Taylor Allen, 4641 Fairview Farm Rd, said she has lived on her family land for approximately 70 years. She said Lori Pritchard, (current owner of the requested property) has never lived on her family land and knows nothing about the community. Allen discussed the drug problems and other unlawful activities taking place in the surrounding area and expressed her fear of attracting more of the same within their community if the development of this property is allowed. She also submitted a list of her concerns which was provided with the agenda. (See exhibit 3 at the end of these minutes). She asked the Board to deny the request. Walter C. Allen, 4641 Fairview Farm Rd., told the Board that he has concerns of driving out all of the wildlife in the neighborhood. He said he hunts on his land across the road and has concerns for the safety of children who may move to the area. He expressed concerns of increased traffic and the negative impact of a new development on the water supply for the existing properties. He said he is opposed to the request. Planning Board Minutes March 3, 2020 Page 4 of 7 Dusty Potts, 4649 Fairview Farm Rd., said he is an avid hunter and leases 60 acres in the area for hunting. He talked about the massive amount of time and money that he spends every year for hunting and preparation which will be disturbed by allowing more people in the area. He also expressed concerns for the safety for those trespassing which could potentially increase with a development. He told the Board he is opposed to the request. Pell asked if there was anyone else that would like to speak in opposition of the request. Hearing none, Pell asked the Board members if they had any questions for McKenzie. Modlin asked McKenzie what he planned to do with the existing timber on the property and how much he would be clearing. McKenzie said the timber is sparse on the property and they typically cut only about 30 feet of trees for the home site, leaving the rest of the healthy trees. He said it is very hard to sell clear cut building sites. Koehler asked if the back side of the lots, where they join each other, is a lower lying area or drainage area. McKenzie said the lower part of the land is located on the back side of Fairview Farm Rd and the higher portion is on Old Cox Rd. He said there is no low lying areas and no water standing on the property. Modlin asked about the topography for lot five and how it would affect Williams. McKenzie said lot five is located to the left side. Modlin asked if drainage would affect lot. McKenzie said there may be some but not heavy amount. Pell asked McKenzie if there was a possibility of bringing City water to the site. McKenzie answered no. He said it is currently located one-half mile away. Modlin asked how far this property is located from the NC Zoo. McKenzie said he was unsure but thought it was over one mile. Koehler asked if it would be possible to locate the septic opposite of the adjoining neighbor. McKenzie said the septic would have to be located where the County found a located on the opposite side of the property. Modlin said all of this is regulated by the Randolph County Health Department. McKenzie said it would be controlled by the Health McKenzie said he is just speculating but feels that all of the septic locations will be on the right rear side of the lots with the wells being located the on the left front side of the lots. Joyce said that the Health Department would dictate the locations for well and septic. McKenzie said a soil scientist had been hired prior to their proposal which has determined locations of suitable soil but the final approvals would come from the Randolph County Health Department based on their regulations. Linda Taylor said she would like to recommend to the Planning Board that they take the Planning Board Minutes March 3, 2020 Page 5 of 7 time to visit these proposed sites themselves before making a decision on any of the matters before them. Pell told her that he had just been out to this particular site the previous day. Taylor thanked him for taking the time and for listening to her suggestion. Morgan explained to the audience that the Planning Board and County Commissioners generally make an effort to observe sites so they have working knowledge of the property in question before having to make a decision on any request brought before them. Pell asked if anyone had additional questions before closing the public hearing. Hearing none, Pell closed the public hearing for discussion among the Board members and a motion. Joyce said based on the fact that the developer has made an effort to create larger lots than the minimum required and the recommendation to approve from the Technical Review Committee, he feels it would be a good fit for the area. Joyce 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. Slusher made a second to the motion to approve the rezoning request. Pell called the question on the motion to approve the rezoning request for Jeff Moore and the motion was adopted unanimously and the rezoning was granted. Pell informed Moore that his rezoning request had been approved by the Randolph County Planning Board. Having no further business, Pell called for a motion to adjourn the meeting. Joyce made the motion to adjourn with Modlin making the second to the motion. Pell called the question on the motion to adjourn and the motion was adopted unanimously. The meeting adjourned at 7:05 p.m. with 12 citizens present. Planning Board Minutes March 3, 2020 Page 6 of 7 RANDOLPH COUNTY NORTH CAROLINA __________________________ Planning Director __________________________ _______________________________ Clerk to the Board Date Approved by the Randolph County Planning Board June 23, 2020 Planning Board Minutes March 3, 2020 Page 7 of 7