11NovemberPB
MINUTES
RANDOLPH COUNTY PLANNING BOARD
November 10, 2020
The Randolph County Planning Board met on Tuesday, November 10, 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, present;
Keith Slusher, present;
Kemp Davis, present;
Melinda Vaughan, present;
Ralph Modlin, present; and
Reggie Beeson, Alternate, absent.
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.
Consent Agenda:
Approval of minutes from October 6, 2020, Planning Board meeting.
Approval of agenda for November 10, 2020, Planning Board meeting.
Approval of Randolph County Planning Board Meeting Schedule for 2021.
Approval of the Consistency, Reasonableness and in the Public Interest
Statements for the Rezoning Requests by Bobby Earnhardt and Ace Avant
Real Property Company, Inc.
Slusher made the motion to approve the consent agenda as presented with Cable
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.
Randolph County Planning Board Minutes Page 1 of 11 November 10, 2020
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 #2020-00002872
The Randolph County Planning Board will hold a Quasi-Judicial Hearing for
BRAD COX, Climax, NC, and his request for a Special Use Permit on the
property owned by William D and Renee R Coble, on 5.37 acres on NC Hwy
22 N, Providence Township. Tax ID#7796117433.The Special Use Permit
would specifically allow the applicant to construct a 140 ft.
telecommunications tower to provide wireless internet access 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.
Natasha and Brad Cox, 6303 NC Hwy 22 N, Climax, NC, took the oath.
Natasha told the Board their request would provide wireless, fiber fed, high speed internet
service to the surrounding area at low cost by installing a 140 ft. tower, specifically
designed for this type of business.
Natasha said the internet provider available in their rural area of the County offers only
low-speed DSL with two megabits per second and their service would provide three tiers
of service ranging from twenty-five to one hundred megabits, covering a six-mile radius.
She said internet is extremely important right now, especially with remote learning and
working from home.
Modlin asked if this would be a private business and how it may affect cell service.
Natasha and Brad said it would be a private business and would be strictly internet, no
cell service.
Modlin asked if they had been in touch with others with this same type business. Brad
said he has talked with a few people in surrounding counties but there is currently no one
local.
Davis asked if they would be selling their service to individuals in need of internet.
Natasha and Brad answered yes.
Cable asked who would be constructing the tower and if permits would be required. Brad
said they would construct the tower themselves. Natasha said the tower would be
constructed in ten-foot sections. Dale said there should be engineered drawings provided
for Permitting and Inspections. Brad said engineered drawings would be provided for the
tower, base and guide wires involved with the construction.
Cable asked if the tower would have a tree-like appearance like some of the newer
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Randolph County Planning Board Minutes Page 2 of 11 November 10, 2020
towers. Brad answered no. He said the tower would be constructed out of galvanized
steel. Natasha Exhibit 1).
Davis asked if approval would be needed by FCC. Brad answered no. He said there are
limitations built into the firmware they will use.
Davis asked if there would be any restrictions with aviation. Brad said you must reach
200 ft. in height before you must register with FAA and require tower lights.
Modlin asked how far the tower would be from the property line. Natasha said it would
be 147 ft. from property line.
Cable asked if there would be a generator backup or anything that would create noise.
Brad said he could run a temporary generator to get through a power outage for those
who have a generator at their home, but a permanent generator was not planned.
Slusher asked if they had spoken to people in the area and if anyone had shown interest
in the service. Natasha said there is an overwhelming support because of the inadequate
service currently available. Slusher asked if there would be lighting. Brad said there
would be no significant lighting or noise.
Sonia Haga, 6239 NC Hwy 22 N., Climax, NC also took the oath.
Haga told the Board she resides between the s home and the tower and fully
supports the request. She said the limited options of internet available in their area causes
them to rely on the cell phone hot spots for remote learning and remote working and as
a small business owner, she needs the service. Haga also told the Board that if she were
to sell her home, the lack of internet service would have to be disclosed which could
ultimately affect the property value.
Haga told the Board that a lot of homeowners in the area have home generators because
of power outages in their area and if there were to be some noise from a generator on
the tower site, they would rather have the noise than be without internet service. She
asked the Board to approve the request.
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.
Bradley Coble, 6139 NC Hwy 22 N., Climax, NC, took the oath.
Coble said he lives behind this proposed tower and has a problem with allowing another
tower in their area of the County because there are already three others. He also said
there is not 140 ft. clearance off his property line as mentioned.
Cable asked where his home was in relation to the tower and how far the tower would be
located from his property line. Coble said he lives right behind the proposed tower and
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Randolph County Planning Board Minutes Page 3 of 11 November 10, 2020
he was unsure of the distance.
Having no one else to speak in opposition, the applicants were asked to address some
of the issues brought before the Board.
Natasha told the Board that Mr. Coble does not own the property where he resides, and
she does not understand why it would be an issue for him. Brad and Natasha said the
tower will be 146 ft. property line and the house is even farther away.
Cable asked how far the tower would be located from the road. Brad said it would be 147
ft. from the road.
Modlin asked if the tower would have access from the road. Natasha and Brad said the
tower would have its own driveway off NC Hwy 22 N.
Cable asked approximately how long the construction would take. Brad said once the
permits could be obtained, it should take approximately three to four weeks.
Joyce closed the public hearing for discussion among the Board members and a motion.
Cable said this business is a noble undertaking for someone at their own expense and
would be beneficial in that area of the County. He said the service out-weighs the potential
problems and the tower is less obvious than most of the cell towers allowed. He said he
would be willing to make a motion.
Vaughan said she feels this would be a good idea, having children in that area with
remote learning would be difficult without internet and it is much less obvious than other
towers.
Slusher mentioned the four-part test for the Board to consider when making decisions
for Special Use requests and feels the Cox request meets the criteria.
Cable 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. Slusher 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
Cox and the motion was adopted unanimously and the Special Use Permit was granted.
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Randolph County Planning Board Minutes Page 4 of 11 November 10, 2020
Dale presented the second case of the night along with site plans and pictures of the site
and surrounding properties as follows:
REZONING REQUEST #2020-00002744
The Randolph County Planning Board will hold a Legislative Hearing on the
request by JAMES EDWARD MANESS, Asheboro, NC, and his request to
rezone 0.72 acres out of 1.67 acres, at 730 Gold Hill Rd, Asheboro,
Asheboro Township, Tax ID# 7761792845, from RR Residential
Restricted District to HC-CD Highway Commercial - Conditional District.
Primary Growth Area. The Conditional District would specifically allow the
applicant to operate an automotive sales and service lot in a proposed 12
ft. by 16 ft. office building and will allow the applicant also requests to restore
the existing 22 ft. by 50 ft. building, a 32 ft. by 50 ft. building and a 16 ft. by
50 ft. building to be used for automotive repairs in the future as per site plan.
Property owner: Sue E. Maness
Joyce opened the public hearing and asked if anyone was present to speak in favor of
the rezoning request.
Margery Maness, 2048 Henley Ctry Rd, Randleman, NC, introduced herself and her
husband, James Maness. She said her mother-in-law is the actual owner of the property
at 730 Gold Hill Rd where they are requesting a rezoning for a proposed office for a used
car lot. She said they also plan to repair the existing building(s) on the property to use for
auto repair for the car lot.
Joyce asked how many cars they planned to have on the property at any given time.
Margery said there should be no more than twenty.
Slusher asked what their hours of operation would be and if they planned to have internet
sales. Margery said they would-be on-site Monday through Saturday from 9:00 am until
5:00 pm as well as internet sales.
Joyce asked if there would be car repairs and maintenance as well as salvaged vehicles
on site. Margery said they did not plan on having salvaged vehicles on site and the
existing buildings would be renovated to use for maintenance and repairs on vehicles
purchased for the car lot. Joyce asked if they planned on having outside storage.
Margery answered no. She said everything would be located inside the building.
Modlin asked if repairs would be completed on vehicles for the public or just the vehicles
purchased for the car lot. James said the car lot would be the focus at this time.
Slusher asked what type of lighting they have planned for the vehicles that are on display
because it must be considered for the surrounding residents. James said they have not
planned to put lighting up on the property.
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Randolph County Planning Board Minutes Page 5 of 11 November 10, 2020
Joyce asked if the cars would be displayed on Gold Hill Rd or farther back on property.
Margery said the cars would be located on Gold Hill Rd.
Modlin asked if additional lighting is needed in the future, would the owners need to come
back before the Board. Dale said if anything more than an average security light were to
be added, the Board would need to review the request.
Cable asked if there would be security lights only. James and Margery answered yes.
Cable asked if there would be any noise from the vehicle repairs late in the evening.
Margery answered no.
Vaughan asked if there were significant buffers on the property. Margery said there are
trees on one side of the property and her mother-in-
Davis asked how long they lived on the property. James said approximately 1978 and
the garage was existing when it was purchased.
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.
Modlin asked if the request had been well advertised. Dale answered yes.
Joyce said the request is a good example of a rural business. Cable mentioned that the
property has been a repair shop in the past and there is no one present in opposition.
Davis said he sees nothing wrong with the request.
Davis 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.
Joyce called the question on the motion to approve the rezoning request for Maness and
the motion was adopted unanimously, and the rezoning was approved.
Dale presented the third case of the night along with site plans and pictures of the site
and surrounding properties as follows:
REZONING REQUEST #2020-00002900
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Randolph County Planning Board Minutes Page 6 of 11 November 10, 2020
The Randolph County Planning Board will hold a Legislative Hearing on the
request by PATRICIA RUSSELL YORK, Asheboro, NC, and her request to
rezone 1.37 acres, at 2052 Trogdon Hill Rd, Franklinville Township, Tax ID#
7771783888, from LI-CU Light Industrial District to HC-CD Highway
Commercial - Conditional District. Primary Growth Area. The Conditional
District will specifically allow the applicant to operate an antique shop in an
existing building as per site plan.
Joyce opened the public hearing and asked if anyone was present to speak in favor of
the Rezoning request.
Patti York, 2000 Trogdon Hill Rd, Asheboro, NC, said she plans to open an antique shop
three to four days a week from 10:00 am until 6:00 pm.
Modlin asked if the antiques sold would be glassware, furniture, and other smaller carry
in carry out type items. York answered yes. Modlin asked if she would be dealing with
antique cars. York answered no.
Cable asked if there would be consignments for others or if she would strictly be selling
her own merchandise. York said she would not have consignments.
Slusher asked if there would be auctions or retail only. York said she planned on having
only retail and possibly internet sales.
Joyce asked if the building was used previously for a machine shop and powder coating.
York answered yes.
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.
Cable said no one is present to speak in opposition to the request and it is a suitable
operation for the area. He said he commends the applicants for wanting to create a
business in Randolph County.
Slusher also mentioned the fact of no opposition to the request.
Slusher 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
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Randolph County Planning Board Minutes Page 7 of 11 November 10, 2020
rezoning request.
Joyce called the question on the motion to approve the rezoning request for York and the
motion was adopted unanimously, and the rezoning was approved.
Dale presented the last case of the night along with site plans and pictures of the site and
surrounding properties as follows:
REZONING REQUEST #2020-00002922
The Randolph County Planning Board will hold a Legislative Hearing on the
request by SCOUT SOLAR, LLC, El Segundo, CA, and their request to
rezone 49.00 acres out of 171.03 acres, on NC Hwy 49N (just past June
Trl), Columbia Township, Tax ID#8724692306, from RA Residential
Agricultural District to LI-CD Light Industrial - Conditional District.
Secondary Growth Area, Sandy Creek Watershed. The Conditional District
would specifically allow the applicant to operate a five-megawatt solar
energy facility as per site plan. Property owner: Barbara K. Wall
Joyce opened the public hearing and asked if anyone was present to speak in favor of
the Rezoning request.
Tom Terrell, an attorney with Fox and Rothschild, Greensboro, NC, said he represents
a company called Birch Creek Development which is the parent company and the sole
owner of the LLC, called Scout Solar. He introduced the owners of the property and said
they are the sixth or seventh generation to farm the property.
Terrell distributed notebooks to the Board (Exhibit 2) and said that he would like to go
over some of the key points in the notebook. He directed them to the Site Plan,
Compliance with the Growth Management Plan and talked about the numerous existing
businesses in that area. Terrell also mentioned a letter that was mailed to the adjoining
property owners explaining everything about the proposed solar energy project.
Terrell talked about the Economic Benefits of taxes which increase an average of two
thousand percent, the Market Impact Study showing there is no negative effect on real
estate values and told the Board there was a certified appraiser available to answer any
questions if needed.
Terrell continued with the notebook, pointing out the Environmental Protections section
of the book and the Decommissioning and Maintenance section. Terrell asked their civil
engineer, Cory Howell, to come before the Board and talk about the site.
Cory Howell, 421 Fayetteville St., Raleigh, NC, asked the Board to refer to the Site Plan
in the notebook, he talked about maintaining an existing natural vegetation buffer on the
east side of the property and supplementing any natural vegetation on the remaining
property to comply with the 35-ft., level 2 buffer requirement of the County. He explained
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Randolph County Planning Board Minutes Page 8 of 11 November 10, 2020
where the access of the property was located according to the site plan and where the
existing over-head power lines run through the property, also shown on the site plan, is
where the power generated from this project would be interconnected back to the grid.
Terrell told the Board they had held a meeting to explain their proposal and answer any
questions the area residents may have and only three people attended. He said no one
was upset when leaving.
Terrell said he would like to call Chris Sandifer up to speak to the Board regarding the
overall technology of the project. He said Sandifer is an electrical engineer who previously
worked for Duke Energy handling electrical connections from solar farms to the electric
He said Sandifer is also a Planning Board member of Nash County
as well as a farmer and he also leases land for solar farms.
Chris Sandifer, 3118 Green Rd, Spring Hope, NC, said he worked for Duke Energy for
over thirty years in different capacities and some of the last responsibilities were the
connections of upcoming solar farms, hydro-electric wind farms and many other things.
He said he is an independent electrical contractor with unlimited classification and a
licensed professional engineer. He said he owns a farm, lives on a farm, and has a family
farm with 100 acres under panels.
Sandifer said he knows the Board is familiar with solar farms and there is no new
technology with this project. He said the installation of this project, according to the plans
provided, would not interfere with the health and safety of the residents of Randolph
County.
Terrell
Cable asked for information on a decommission plan. Terrell said the decommission plan
decommissioning within 12 months after the facility becomes nonoperational or
abandoned unle He said they must provide
a form of surety equal to 100 percent of the estimated cost of decommissioning the
project, approved by the County Planning Director, prior to issuance of a building permit
for the project. Cable said to let the record show there is a decommission plan and it will
be followed. Terrell answered yes.
Joyce asked about the estimated life of a solar farm. Terrell said the standard would be
a 20-year power purchase agreement with 5-year extensions for up to 40 years.
Modlin asked about the life of the equipment. Terrell said they are warrantied for up to
25 years and normally last the life of the project.
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.
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Randolph County Planning Board Minutes Page 9 of 11 November 10, 2020
Brandy Verton, 3074 Soapstone Mountain Rd., Staley, NC, said she lives adjacent to
the property with her husband and has concerns for the risk of forest fires due to
malfunctioning of the solar panels and would like to know if there are any plans with the
local fire department to add additional hydrants near this facility or if there is a plan of
action in the event of an emergency. She said she would also like more information on
the potential health risks from heavy toxins leaking into the soil from damaged panels and
if there will be regular soil testing performed to the property and how that information
would be given to the neighbors during the twenty-to-thirty-year project.
Verton said she was unaware of the neighborhood meeting Terrell referred to earlier and
was unable to ask these questions. She said she would also like to inform the owners of
the property that she and her husband would be interested in purchasing approximately
five acres of their property to maintain privacy and rural setting they moved to Staley for.
Dale said the Fire Ms office has not expressed any concerns dealing with solar
panels. Verton asked if there was an expert available to answer her concerns for fire
hazard.
Joyce Terrell said
Verton may not have received an invitation to the meeting if her property is not adjoining.
He also said the Fire Marshal never expresses a concern because there is nothing
flammable. He said the EPA has determined that solar panels are not toxic or hazardous
in any way and there will not be soil testing done because it is not needed.
Sandifer said these panels meet the EPA testing for non-toxic leaching and if one of the
panels crack or is broken, the connected panels quit working as well, so someone would
be dispatched to repair or replace very quickly. He said there is some lead used for
soldering the connections but by his calculations, a box of shotgun shells left on the
ground after a hunt would have more lead than this site would ever produce.
Slusher said there is a poultry farm nearby and asked if there was any possibility for
harming the poultry from this project. Sandifer said there is nothing that could harm the
animals and it is a much less intense use than chemicals used for agriculture such as
growing soybeans.
Slusher said several solar farms have been approved throughout the County but never
this close to a poultry farm and just wanted to make sure there would be no harm to the
poultry. Sandifer said there is no magnetic radiation, noise, dust, or light that would affect
them. He said there has never been a study that indicates there would-be harm to poultry
by a solar farm.
Joyce closed the public hearing for discussion among the Board members and a motion.
Davis said he has been approached about installing solar panels on his poultry houses
and feels it does not harm poultry.
Slusher made the motion to approve the rezoning request to rezone the specified
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Randolph County Planning Board Minutes Page 10 of 11 November 10, 2020
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. Vaughan made a second to the motion to approve
the rezoning request.
Joyce called the question on the motion to approve the rezoning request for Scout Solar,
LLC and the motion was adopted unanimously, and the rezoning was approved.
Having no further business, Joyce called for a motion to adjourn the meeting. Cable
made the motion to adjourn with Modlin making the second to the motion, the motion
was adopted unanimously.
The meeting adjourned at 7:46 p.m. with 26 citizens present.
RANDOLPH COUNTY
NORTH CAROLINA
__________________________
Planning Director
__________________________ _______________________________
Clerk to the Board Date
Approved by the Randolph County Planning Board
December 8, 2020
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Randolph County Planning Board Minutes Page 11 of 11 November 10, 2020