12DecemberPB
RANDOLPH COUNTY PLANNING BOARD
MINUTES
December 8, 2020
There was a meeting of the Randolph County Planning Board on Tuesday, December 8,
2020, at 6:30 p.m. in the 1909 Historic Courthouse Meeting Room, 145-C Worth St,
Asheboro, NC.
Vice Chairman Joyce called the meeting to order at 6:30 p.m. and welcomed those in
attendance. Joyce 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, absent;
Wayne Joyce, Vice Chairman, present;
John Cable, present;
Keith Slusher, present;
Kemp Davis, present;
Melinda Vaughan, absent;
Ralph Modlin, present; and
Reggie Beeson, Alternate, present.
County Attorney, Ben Morgan, was also present.
Dale informed the Chairman that 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 November 10, 2020, Planning Board meeting.
Approval of agenda for December 8, 2020, Planning Board meeting.
Approval of the Order for a Special Use Permit for Brad Cox
Approval of the Consistency, Reasonableness and in the Public Interest
Statements for the Rezoning Requests by James Edward Maness, Patricia
Russell York and Scout Solar, LLC.
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, the
Board moved forward with the cases on the agenda.
Planning Board Minutes December 8, 2020 Page 1 of 18
Dale then presented the first case of the night along with site plans and pictures of the
site and surrounding properties.
REZONING REQUEST #2020-00003091
JHJT PROPERTIES, LLC, Troy, NC, is requesting to rezone 3.00 acres out
of 68.12 acres, at the intersection of US Hwy 220 Bus S and Dinah Rd,
Cedar Grove Township, Tax ID# 7658482939, from HI-CU Heavy
Industrial Conditional Use to LI-CD Light Industrial - Conditional District.
Primary Growth Area. (The existing Conditional Use Permit, approved in
1998, allows furniture manufacturing, warehousing, and related industry
activities on the property). The Conditional District would specifically allow
the applicant to operate an office and warehouse for a construction
company as per site plan. Property owner: Fiber Cushioning, Inc.
Joyce opened the public hearing and asked if anyone was present in favor of the rezoning
request.
John Thompson, 868 Laurel Dr., representative of JHJT Properties, LLC, said they are
requesting to rezone only 3 acres of the current commercial zoning for a construction
office and warehouse.
Davis asked if the portion of the property they are interested in would be located next to
Dinah Rd. Thompson answered yes.
Joyce asked if the access to the property would also be located off Dinah Rd. Thompson
answered yes. He said they have been verbally approved by NCDOT with the preliminary
plans submitted regarding access.
Joyce asked if there was anyone else present in favor of the request. Hearing none,
Joyce asked if there was anyone in opposition to the request.
Linda Hill, 1590 Old Cedar Falls Rd, Asheboro, NC, asked the Board how the building
would be placed on the property and where the access would be located.
Modlin asked Ms. Hill if her property is located behind the proposed property. Hill
answered yes.
Joyce asked Thompson if he would answer question. Thompson said the
buildings would face US Hwy Bus 220 S and there would be two driveways located on
Dinah Rd. He said the first drive would be for the office building and the second drive
would lead to the back side of the warehouse.
Having no additional opposition, Joyce closed the public hearing for discussion among
the Board members and a motion.
Planning Board Minutes December 8, 2020 Page 2 of 18
Cable said there is no opposition to the proposal.
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. Davis made a second to the motion to approve the
rezoning request.
Joyce called the question on the motion to approve the rezoning request for JHJT
Properties, LLC. The motion was adopted unanimously, and the rezoning was granted.
Dale informed Thompson that the rezoning request had been approved by the Randolph
County Planning Board.
Dale presented the second case of the night along, with site plans and pictures, of site
and surrounding properties.
REZONING REQUEST #2020-00003099
DONALD LANIER, Asheboro, NC, is requesting to divide lot number 3 of
Betty McGee Subdivision into a 2.00-acre lot and a 1.00-acre lot at 2623
Hopewell Friends Rd, Cedar Grown Township, Tax ID# 7639605228, as per
site plan. CVOE-CD Conventional Subdivision Overlay Exclusive -
Conditional District. Primary Growth Area. Municipal Airport Overlay
District. Property owner; Dane and Linda Waggoner.
Joyce opened the public hearing and asked if there was anyone present for the Rezoning
request.
Donald Lanier, PO Box 383, Asheboro, NC, said he is speaking on behalf of Dane and
Linda Waggoner. He said the Waggoners purchased and combined two lots for a home
site. Due to their age, they have now sold their home and would like to be able to sell one
of the lots as a separate building site, as it was originally intended.
Cable asked the location of the access to this site. Lanier said the existing site built home
has access off Hopewell Friends Rd and the proposed building site would have access
on Wisteria Ln.
Joyce asked if there was anyone else present in favor of the request. Hearing none,
Joyce asked if there was anyone in opposition to the request. Hearing none, Joyce
closed the public hearing for discussion among the Board members and a motion.
Planning Board Minutes December 8, 2020 Page 3 of 18
Slusher said the proposal seems to fit the existing subdivision and there is no opposition
to the request. Davis agreed with Slusher.
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. Cable made a second to the motion to approve the
rezoning request.
Joyce called the question on the motion to approve the rezoning request for Lanier and
the motion was adopted unanimously and the rezoning was granted.
Joyce informed Lanier that his rezoning request had been approved by the Randolph
County Planning Board.
Dale presented the third case of the night along with site plans and pictures of site and
surrounding properties.
REZONING REQUEST #2020-00003119
GLENN MULLINS, Asheboro, NC, is requesting to rezone 22.33 acres at
913 Cable Creek Rd, Cedar Grove Township, Tax ID #7730459232, from
RA Residential Agricultural District, RR Residential Restricted District
and RE-CU Residential Exclusive Conditional Use District to RA
Residential Agricultural District. Secondary Growth Area.
Joyce opened the public hearing.
Glenn Mullins, 919 Cable Creek Rd, Asheboro, NC, said they were unable to salvage
their home due to mold issues and have purchased another home they would like to have
moved to the same location.
Modlin asked if they were moving a home to this site. Mullins said they have purchased
an existing farmhouse that will be moved to this site and placed in the same location of
their other home.
Slusher asked if the home would be placed near the existing chicken houses on the
property. Mullins answered no. He described the location of the home to be north of the
chicken houses. Slusher asked his plans for the remaining property. Mullins said he has
no intensions to develop the property. He said he would be using it as pasture for now.
Cable asked for an approximate timeline for moving the house to the property. Mullins
Planning Board Minutes December 8, 2020 Page 4 of 18
said the home would be moved to the site the following day because of scheduling issues
with hopes of moving forward with the permitting process. (With laughter from Board
members and audience). Cable said he would like to go on record saying there has been
no pre-approval of this request.
Joyce asked if there was anyone else present in favor of the request. Hearing none,
Joyce asked if there was anyone in opposition to the request. Hearing none, Joyce
closed the public hearing for discussion among the Board members and a motion.
Cable said they have all heard that time is of the essence for this case and no one is
present to speak in opposition of the request, he does not see a reason not to move
forward of the request. Slusher agreed. He said the request to rezone property to
Residential Agriculture is somewhat unusual and sees no reason to deny the request.
Cable made the motion to approve the rezoning request to rezone the specified parcel(s)
on the rezoning application to the requested zoning district based upon the
Determination of Consistency and Findings of Reasonableness and Public Interest
statements that are included in the Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the motion, to be included in the
minutes, as well as the site plan(s) with any and all agreed upon revisions, also
incorporated into the motion and that the request is also consistent with the Randolph
County Growth Management Plan. Modlin made a second to the motion to approve the
rezoning request.
Joyce called the question on the motion to approve the rezoning request for Mullins, and
the motion was adopted unanimously, and the rezoning was granted.
Joyce informed Mullins that his rezoning request had been approved by the Randolph
County Planning Board.
Dale presented the last case of the night along with site plans and pictures of site and
surrounding properties.
REZONING REQUEST #2020-00003086
DIAMONDBACK INVESTMENT GROUP, LLC, Greensboro, NC, is
requesting that 518.88 acres located between Providence Church Rd and
Fred Lineberry Rd, Level Cross Township, be rezoned from RA
Residential Agricultural District to CVOE-CD Conventional Subdivision
Overlay Exclusive Conditional District. Tax ID #7766797618,
7766998538, 7767540951, 7767547408, 7767647354, 7767720859,
7767739124, 7767750463, 7767758217, 7767814662, 7767848366,
7777123700, 7777140032 and 7714727096. Secondary Growth Area.
Polecat Creek Watershed. The proposed Conditional Zoning District would
specifically allow a 211-lot site-built subdivision as per site plan. Property
Owner: Richard L. Petty.
Planning Board Minutes December 8, 2020 Page 5 of 18
Joyce opened the public hearing.
Amanda Hodierne, attorney representing Diamondback Investment Group, 804 Green
Valley Rd, Greensboro, NC, said her client has the property under contract to purchase
with intensions of developing a single-family subdivision if request is approved.
Hodierne told the Board that Brandon Horne, the project manager for Diamondback and
Beth Blackman, engineer with Timmons Group, are both available to answer any
questions the Board may have regarding their request.
Hodierne said the starting point of their design to develop 211 lots out of 518.18 acres
was based on the homestead reserve for the current owner, as well as the network of
streams throughout the property, which they wanted to protect and preserve. She said
their design does not create as many lots as possible. She said it creates several enclaves
of lot groupings which are surrounded by significant open spaces which looks and feels
like 4 to 5 small subdivisions rather than a 211-lot subdivision. She said the design
proposes approximately 183 acres of open space which amounts to over thirty-five
percent, the minimum lot size is 40,000 sq. ft. with an average being just over an acre.
Due to the designs being highlighted, the proposal does meet the adopted Growth
Management Plan to create innovative subdivisions that facilitate the safeguarding of
existing natural features and to protect existing rural neighborhoods through compatible
and high-quality residential development.
Hodierne said they are completing a traffic impact assessment that will be reviewed by
NCDOT. Any improvements or modifications needed to ensure safety will be completed.
She said preliminary soil evaluations have been completed and would be finalized by the
Randolph County Public Health before development. Hodierne also said they
are proposing community well systems for the development and they have sited 5
different possibilities on the provided site plan.
Hodierne told the Board they have prepared a proposed
(HOA) and declaration (provided in the agenda for Board members) that will be recorded
prior to development, requiring a minimum house size, architectural design, and
maintenance rules. She said the HOA would own all designated open space and
community well systems within the development. She also said dues will be paid into the
HOA by individual property owners creating capital reserves for maintenance and repairs
as needed.
Hodierne said they have created a thoughtful, well planned subdivision that will be
compatible to the area and an asset to Randolph County.
Cable asked who would oversee the HOA before and after development. Hodierne said
the initial Board Members would include the developer and his colleagues until a certain
percentage of lots are sold within the development and a new Board is formed as
described in the HOA declaration.
Planning Board Minutes December 8, 2020 Page 6 of 18
Davis asked for clarification on the entrance points to the proposed development.
Hodierne explained their plan to have two primary entrances. She said one of them would
be located on the northern side of the development located off Providence Church Rd
and the other would be located on the southern side of the development off Fred Lineberry
Rd, as well as several stub-out entrances, for future development of adjacent property
they do not own. She mentioned an existing private road (Oxendine Rd) that joins the
development which they do not intend to use as part of their development. Dale said he
had been told there would be a berm installed to prevent access to Oxendine Rd.
Hodierne said they could install a berm. Beeson said he has concerns for the existing
residents on Oxendine Rd, being exposed to traffic through their private easement without
assistance, in maintaining the road. Hodierne said they would be willing to barricade the
access if needed.
Hodierne said the average daily trips generated by this project are below four thousand
which is the magic number for installing turning lanes on exterior roads. They are currently
waiting on a NCDOT review to determine what is necessary for safety considerations for
the development. She said this development would be built in two phases, with the first
phase starting off Providence Church Rd and the second phase off Fred Lineberry Rd,
anticipating the development will take two to three years; dependent upon lot absorption.
She said if approved, the construction should be ready to begin late spring or summer,
having some houses ready in late summer or fall of 2021, best case scenario.
Cable asked approximately how long it would take to complete phase one of the project.
Hodierne said based upon weather, it could possibly take up to one and one-half years.
Modlin asked if the homes would be designed by the developer with just a few home
styles to choose from or would the development be open to multiple style choices,
avoiding factory type housing. Hodierne said they certainly did not want the appearance
of factory type housing and home styles will be determined by the number of builders
within the development. She said until they have a finished product to offer, they will not
know if there will be one builder or a group of builders within the development and will
- Modlin said he has been in
developments where there are only a few different house styles in an entire development
and feels it would be more suitable for Randolph County to have more individualized style
housing and may be more appealing to the existing neighbors.
Dale asked Hodierne for additional information on the proposed community well system
to be used for the development. Hodierne said the community well system is inclusive to
the neighborhood and functions like a municipal water source on a much smaller scale.
She said the wells would be planned, installed, monitored, and maintained by an outside
private utility company. She said the well sites and easements will be deeded for access
and maintenance purposes and handed over to the HOA to handle. She said if public
water were to become available and needed in the future, the infrastructure is already in
place and easy to switch over to public utilities. Beeson asked Hodierne if anyone had
reached out to Randleman for the possibility of accessing public water. Hodierne said
that option had been evaluated and asked Brandon Horne to explain their findings to the
Planning Board Minutes December 8, 2020 Page 7 of 18
Board.
Brandon Horne, 7123 Summertime Dr., Gibsonville, NC, said in the early planning
stages, their options to consider were individual wells, community wells and public
utilities. He said development costs and lot pricing played a large role in their decision to
move forward with a community well system. Davis asked if their existing infrastructure
would meet the standards required to connect to city utilities, if needed in the future.
Horne answered yes. Cable asked if public utilities would be their back-up plan if water
were to run out. Hodierne said city utilities would be a viable back-up plan, if needed.
She said they had worked with DWQ(North Carolina Department of Water Quality)
Water Management Branch to determine the effect the community wells would have on
the existing wells in the area. She explained data she had been given
engineer indicating suitable recharge for the aquifer that would be used (Exhibit 1) and
why it would be suitable for this area based on the statistics shown. She said once they
complete testing, if it appears the community wells are not a viable option, they will use
public utilities.
Cable asked if h Hodierne
said the private company used for the water resources has a fee schedule used to
determine costs and the HOA will have the capability to collect fees for any unexpected
expenditure that is not within their normal budget. Cable asked if there would be monthly
fees or if there would be an upfront fee that would be put into a reserve. Hodierne said
there is usually an upfront fee paid as a reserve with dues paid annually. She said if
anything w
Joyce asked if the proposed streets would be privately maintained or built to State
standards for maintenance. Hodierne said they are proposed to be built to State
standards and would be turned over to NCDOT for maintenance once they are completed
and NCDOT accepts them.
Joyce asked if there was anyone else present in favor of the request. Hearing none,
Joyce asked if there was anyone in opposition to the request.
Debbie Bowman, 668 Providence Church Rd, Randleman, NC, said she is not in support
of, or against the proposed development. She said she and her husband, Randall have
lived at their residence for the past 39 years where the southern line of their 5-acre tract
of land borders the property requested to be rezoned. She said she is also there to
represent her mother who resides at 642 Providence Church Rd.
Bowman said she and her husband attended the Neighborhood Information meeting held
on November 5, 2020, and asked what the plans for using Oxendine Rd because the 30-
ft. gravel easement is maintained by the residents on Oxendine Rd. She said she was
told by Brandon Horne there were no plans to use Oxendine Rd. She said she also asked
Mr. Horne if the residents of Oxendine Rd would have access to use the subdivision
roads and he answered yes. She said if there are no plans by the developer to use
Oxendine Rd for access or utilities, and the residents having another access to their
Planning Board Minutes December 8, 2020 Page 8 of 18
property, Oxendine Rd could possibly be closed in the future. She said they are not
inclined to expand Oxendine Rd or the right of way and prefer the road be closed.
Bowman said she also asked at the Neighborhood Information Meeting if prospective
buyers would have an option to purchase multiple lots for one home site and was told by
Ms. Blackmon and Mr. Horne that the plan is for one home per site as seen on the
preliminary plan. She said by offering an option to purchase multiple lots would reduce
the number of homes and would be more in line with the neighboring homes on
Providence Church Rd and would result in less additional traffic.
Bowman offered a comment sheet from her aunt residing at 592 Providence Church Rd
because she believed it had not been received and provided to the Board. She was
informed that the Board members did have a copy of the comment sheet so she did not
submit as part of the record.
Dale told Ms. Bowman he thought Oxendine Rd had been given a name for E-911
purposes and appeared to be just an easement for access to the residents on that
easement.
Dawn Stanley, 6048 Racine Rd, Randleman, said the area in which she lives has a direct
access to Providence Grove High School. Trying to prevent accidents when leaving home
to work is a daily occurrence due to the existing traffic. She said she can only imagine
how much more difficult it will be with an additional 211 home sites in the area.
Dale Beane, 5205 Fred Lineberry Rd, Randleman, NC is also there to represent the
residents of 5171 and 5203 Fred Lineberry Rd which are being surrounded by three sides
of the proposed development. Beane said one of his major concerns is the water table
for the existing wells. He said regardless of the report, there are deep wells and have
been challenges for wells in that area. He said the developers are not only looking to use
the wells as a community well system, but they are also requiring the residents to water
and maintain green lawns as part of the covenants.
Beane said another concern is the environmental impact of the increased storm water
run-off and an additional 211 septic systems in the area. He said he is aware that the
developer is held to State laws for soil erosion and storm water while developing, but as
a third-generation landowner in the area and having family land that adjoins this property,
he has already seen the soil erosion impacts that lead into Polecat Creek from clearing
timber and they have not seen the effects of asphalt, concrete drives and other
infrastructure created from the development. He said the adjoining land is used for
agricultural purposes and have soil and water conservation plans as well as timber
management plans in place. He said they also have concerns of chemical run-off in the
area, contaminating the pastures, used to feed livestock in the area.
Beane said the site plan does not appear to consider any buffers for the adjoining
properties to help control water from flowing onto other properties and the land is a rolling
landscape. He said the property is in the Polecat Creek Watershed and according to the
Planning Board Minutes December 8, 2020 Page 9 of 18
NC Water Quality Division, it is a water supply level 3, listed as Critical. Beane asked if
the development meets the requirements for this water classification.
Beane said based on the analysis given out at the informal informational meeting
(Neighborhood Information Meeting), it shows the average acreage in this area is
approximately 4 acres which is much larger than the one-acre lots being proposed for this
development and does not take into consideration the multiple 100-acre tracts off Fred
Lineberry Rd. He said if these one-acre lots are allowed, it opens the doors to future
development in this area which is a Rural Growth Area of the County and the proposed
development does not meet the minimum acreage requirements.
Beane said if larger lots are required, there is less of an impact for the surrounding
properties. Even though the data shows there are no fractures in the water table, it cannot
be confirmed until they are in that well, which could potentially cause water issues for
multiple people.
Beane continued to express his concern for traffic as well as the entrance and exit for the
development. He asked if considerations had been made for normal traffic flow rather
than the current reduction of traffic due to the current situation (pandemic) and asked
about the impact the development would have on schools and the existing congestion of
traffic when picking children up from school. He said the proposed entrances to the
development are less than desirable entrances for visibility. He said the entrance from
Fred Lineberry Rd will be right beside Victory Junction camp which is already a busy
intersection in a blind curve on a hill. He said this would allow traffic of 103 additional
homes just from phase 2 of the development on Fred Lineberry Rd with the challenges
mentioned and no turning lane.
Beane said there is always a need for development, but it is important to make sure that
economic development does not create a burden on natural resources in a rural area. He
said with modifications, this area could see growth while maintaining a rural presence
they have enjoyed for decades.
Cathy Lee McGee, 1339 Barker Dr, Randleman, NC, said one of her main concerns is
the run-off of water from an additional 211 homes because she already experiences
flooding on her property after twelve to twenty-four hours of rain. (She submitted photos
of the flooding, Exhibits 2A 2K).
McGee said she also has concerns of how the proposed community wells will affect the
quantity of water from her existing well.
Steven Stanley, 6048 Racine Rd, Randleman, NC, said he is a retiree and sees the
excessive amount of school and work traffic between the hours of 6:00 a.m. 8:00 a.m.
which will increase even more with the development of 211 additional homes. He
expressed his concerns for the possibility of depleting the water table for existing wells
due to the proposed community wells.
Planning Board Minutes December 8, 2020 Page 10 of 18
Stanley said the development could potentially have a negative impact on schools as
well. He asked if there was enough room in the surrounding schools for the approximate
number of additional students.
Stanley said he also knows there must be economic development, but development of
this size is scary when there are too many unknown variables.
Katy England, 5679 Woodstream Rd, Randleman, NC, said as a small business owner,
she promotes development in a positive, responsible manner. She said she agrees with
everything that has already been said and she would not be repeating it. She said there
have been multiple accidents in the area due to traffic, one of them involving her daughter,
on her last day of school during her senior year. She said her daughter has been in two
additional accidents at the intersection of New Salem Rd and Racine Rd.
England said roads can be fixed and schools can be built with an increased tax base but
there is not a fix for the well situation. She asked what would happen to their homes when
they no longer have water, because she has seen it happen.
Randall Bowman, 668 Providence Church Rd, Randleman, NC, said he moved to the
area in 1990 and could count about five cars going by all day long and now you can count
fifteen to twenty before you can even pull out of your driveway. He said there have been
three cars turned upside down in front of his home and there is not even a curve in the
road. He said the situation will just get worse with additional traffic.
Bowman said the water situation is concerning and he does not see how the community
can accommodate that many new houses.
Sally Davis, 6124 Fred Lineberry Rd, Randleman, NC, said she would also like to
express her concerns for the water supply and how the water table in that area will affect
surrounding properties. She said another concern is the increased traffic as well as the
proposed entrances, especially within the blind curves and hills.
Davis said she would like to see the traffic study expanded to other intersecting roads in
the area due to excessive traffic and accidents that occur. She also mentioned the smaller
lot sizes that are being proposed do not fit with the average tract size in that area. She
asked if there have been any studies on how the development would affect the school
system.
Davis also told the Board she has lived in her home for twenty-two years and due to the
development that has taken place over the last several years, she now has damage to
her property because of run-off issues. It will only increase with an additional 211 homes
in the area.
Tonya Hayes, 5978 Fred Lineberry Rd, Randleman, NC, said she has the same concerns
that have been mentioned by others. She wanted to point out that with as many people
that are present at the hearing, there are ten times as many people with concerns about
Planning Board Minutes December 8, 2020 Page 11 of 18
the proposed development who are unable to attend due to health risks from the current
pandemic. She also asked how accurate the studies could possibly be, given the stay-at-
home order that has been put into place.
Kyle Lamb, 8105 Adams Farm Rd, Randleman, NC is speaking on behalf of his in-laws
at 5230 Old Greensboro Rd. He said there is livestock on the property and would like to
know if the proposed development would put restrictions on the agricultural use of their
property and possible expansion of pasture and agricultural buildings. Dale said the only
restriction he is aware of for properties with an actual farm designation require any land
applied waste to be at least 100 ft. from well locations and the proposed community wells
do not seem to be in a location where it would influence the property. He said the State
of North Carolina does not allow restrictions on agriculture so the placement of fencing
and buildings would not be restricted.
Heath Loveland, 5344 Fred Lineberry Rd, Randleman, NC, said his mother lives at 5312
and his sister lives at 5296 Fred Lineberry Rd. He said he also has concerns regarding
the water and traffic.
Loveland said his driveway is located directly across from the south entrance of the
proposed development on a hill and in a curve. He said he is normally passed in no-
passing zone after pulling out of his driveway because someone is speeding down the
road and he is in their way.
Loveland said the developer has the capability to connect to City utilities although they
have chosen to use community wells due to costs of development. He said they have a
back-up plan for water, what happens to those who do not have a back-up plan available.
Chris Garner, 5716 Ponderosa Rd, Randleman, NC, said he is against the development
and has questions regarding the possibility of using Ponderosa Rd as access to the
subdivision and wants to know if they will be able to purchase the property on Oxendine
Rd for future development as well.
Joyce asked if there was anyone else in opposition of the request. Hearing none, Joyce
closed the public hearing and asked for a show of hands from the audience for those in
opposition to the request. There were thirty-one in opposition.
Joyce asked if someone from Diamondback Investment Group would come forward to
address some of the questions and concerns.
Hodierne said traffic has been a big concern from the neighbors. She will have her
colleague explain the traffic study process after she has addressed other concerns
previously mentioned. She said Diamondback Investments is not a commercial developer
and is not proposing any commercial activity for this site. She said they have developed
multi-family projects in the past but that is certainly not part of the current proposal.
Hodierne said the annexation provision that was mentioned earlier is included in the
Planning Board Minutes December 8, 2020 Page 12 of 18
declaration as standard language used in all their declarations to ensure that each phase
of the development falls under the same declaration as they are individually recorded.
Modlin asked approximately how many acres out of the total 518 acres would be used
for lot development. Hodierne asked Beth Blackman to answer that if available.
Beth Blackman, Timmons Group, 113 Lager Ln, Garner, NC, said there will be 183 acres
of open space which is thirty-five percent of the property and will be dedicated to the HOA,
there will be twenty-eight acres of road right-of-way, with the remaining acreage used for
the proposed lot development.
Modlin said for the run-off and economic development, the one-acre lot size does not
seem to be an accurate assessment when you consider all the open space and the overall
project. Blackman agreed. She said density of the lots average out to be approximately
2 acres per lot.
Dale asked if the declaration requires the proposed open space to remain open space.
Hodierne said the plats are recorded with all open spaces labeled in such a way that it is
considered non-buildable and the second step is the conveyance of the property to the
HOA which is not allowed to develop the property. She said any development beyond an
approved site plan would have to be brought before the Board for approval.
Modlin asked if the residents within the development can use the open space. Hodierne
answered yes. She said one of the provisions included in the declaration is a grant of
easement for the residents to utilize the open space areas.
Hodierne said she would also like to briefly touch on the net effect lot sizes and open
space. She said the concept of open space is an innovative design where everyone
shares larger open spaces rather than individually owning their own open space on larger
tracts of land.
Beeson asked for additional information regarding the reserved space for the current
owner which is considered part of the rezoning request. Hodierne said the reserved
space will be part of the declaration to keep everything unified while they are in the current
stage of development. In the future, if the decision was made to develop those areas as
well, it would still have to be brought before the Board for approval of development
because it is not part of the proposed lots on the current site plan.
Cable pointed out that the request is for 211 lots, with the assumption that all the lots
would have suitable soil for septic systems, having the possibility of fewer lots, based on
results of the soil testing. Hodierne said lot lines will sometime vary based on soil findings,
however no more than the 211 lots, if approved by the Board.
Cable asked about the water run-off concerns mentioned earlier. Hodierne said they
heard some of the concerns at the Neighborhood Information Meeting and because this
property is located within a Critical Watershed, they are held to higher set of standards
Planning Board Minutes December 8, 2020 Page 13 of 18
for what is allowed when generating watershed run-off. She said they must fall into a low-
density development yield to develop in a critical watershed and they have met those
requirements by having the thirty-five percent undeveloped open space.
Modlin asked which agency controls the water run-off requirements for a development of
this size. Dale said the Department of Environmental and Natural Resources would be
the regulating agency. He said he has the study in his office where they have already
evaluated this site. Modlin asked again if an agency other than their own engineers have
evaluated the site. Hodierne answered yes. She said they also must have approval from
the County to drill the wells and approve the septic systems.
Davis asked if approvals had to be given by NCDOT. Hodierne answered yes. She said
she would have Cliff Lawson come up and answer more specific questions regarding
NCDOT, but they will have the final say in what will make the entrances to the
development safe.
Modlin said there is a lot of concern regarding the traffic and we must trust that NCDOT
can handle the situations as they change. Hodierne said that is correct. She said NCDOT
analyze and review what is needed, and the developer is responsible for meeting those
requirements.
Davis asked what is pending with NCDOT. Hodierne said a draft has been completed
She said the scope meeting is where
the developer sits down with NCDOT and shows them what they are proposing and
NCDOT tells them what they want studied. She said once the studies are completed, they
must be taken back to NCDOT for review which is currently being done. She said after
reviewing, NCDOT will determine what will be allowed and if they lose lots somehow, they
must live with NCDOTs decision.
Davis asked if there is a possibility of NCDOT telling them they cannot develop the
property. Hodierne said if their review would list all the recommendations and or
requirements and if there is some type of improvement threshold that could not be met,
the developer would have to walk away.
Cable said there have been cases in the past where problems with runoff have improved
during the development stage because the water was diverted by the developer. He said
NCDOT calls the shots and he has seen their requirements cause people to walk away
from projects.
Joyce said there were a couple of questions regarding Oxendine Rd and asked Hodierne
if she could explain their plans and verify they would not access that road. Hodierne said
they would not be using any portion of the Oxendine Rd easement for access to the
proposed subdivision. She said they would only improve and pave a small section of
Oxendine Rd within their own property line. She said they do not control rights for the
easement.
Cable asked if there were any plans for buffers to protect the adjoining property owners.
Planning Board Minutes December 8, 2020 Page 14 of 18
Hodierne said there are natural buffers that will remain as shown on the site plan and
they have not seen the need for additional buffering on the property.
Hodierne said there were also questions regarding the impact to schools. She said
according to the Development Impact Analysis provided by the County Planning Staff,
there would be no negative impact to the schools.
Hodierne said there were also concerns regarding lawn watering requirements in the
Covenants, which are included because they want it to be a nicely maintained subdivision,
where everyone is taking care of their lawn. She said they are willing to revise that section
of the Covenants according to staff recommendations or suggestions from the Board.
Beeson said he feels one of the biggest concerns is the wells. He said he knew the
decision was made not to connect to the City due to the significant costs involved but he
feels, this would be the least expensive time to do it. He said all the people opposed to
the development do not have a back-up plan if their well goes dry and feels it would be
better for them to take on the costs during development. Hodierne said she did not mean
the City was a back-up plan if the wells went dry in five years. She said she meant it would
be done in the beginning when the draw down tests are done. She said all the things that
were said about being undesirable to have no water will be true for them as well. She said
they will be unable to sell lots without water. She said they are in the same position on
that, they do not want to create a situation that is unviable for them as well. She said the
draw down tests will be completed before the wells are installed and if it is indicating there
will not be enough water, that is the point they would alter their plan and use their back-
up plan. She said community wells are encouraged because they are much deeper and
puts you in a whole different part of the aquifer than the shallow wells used for individual
wells.
Modlin asked what assurances can be given to the residents that there well will not be
ruined due to the proposed development or go dry because of a drought. Hodierne said
if there is a drought, it will affect all of them the same due to natural causes which is
different than a well stealing from their aquifer. Modlin asked if there were any
assurances that can be given to residents that the proposed community wells will not
aquifer. Hodierne said there is model to follow that is used
by Guilford County that gives assurances based on certain draw down tests and they
would be willing to work with the Planning staff if that is something the Board would like
to require to give some assurances. She said they are a stakeholder in this as well and
do not want to build a nice subdivision where there is no water available.
Hodierne said if the Board is interested, they would work with the Planning staff to make
sure the staff is aware of the program and what should be required by the developer as
part of the well permitting process. Beeson agreed that this process should be part of the
rezoning conditions if approved.
Modlin said there are thirty-one people present in opposition and they are representing
others in the area, it would be good if the Board could try to try and ensure them that the
Planning Board Minutes December 8, 2020 Page 15 of 18
proposed development will not affect their water. Davis said he understands there is no
guarantee of water but making an extra effort to help ensure them would help. Hodierne
said the process is available and she thinks it is a good model to follow for the exact
reasons that are being discussed.
Cable said as minimal as it may be, he would like to see the portion of the covenants
regarding the watering of lawns to be removed. Hodierne said she would be happy to
look at that provision.
Hodierne asked the Board if they would like to hear from the traffic engineer. Joyce
called for a quick recess.
After the recess, Cliff Lawson, 5410 Trinity Rd, Raleigh, NC, traffic engineer for Timmons
Group, said prior to doing any traffic counts for the study, they are required to have a
be of interest. He said everything is mapped out during the meeting as far as when they
can conduct counts, growth rate assumptions, intersection study areas, and the number
of units that are planned for the development and all of this laid out and approved prior to
any data collection. He said the development size can fluctuate as the design process
moves forward and having 260 units with the original plan which was reduced to 211 units
and was not corrected on their study. He said their study represents a worse-case
scenario.
Lawson said there is a national standard for intersection studies. After completing their
draft study that will be submitted to NCDOT, all the intersections that were required to be
studied and were projected to operate at an acceptable level.
Slusher said there have been concerns that the study was conducted during the
pandemic when the traffic was greatly reduced due to citizens working from home and
not traveling as normal. Lawson said it was discussed in the scoping meeting and even
though studies must continue throughout the State, they realized adjustments had to be
made. He said they used the current counts, compared to historical data from NCDOT,
and adjusted their counts accordingly.
Slusher asked if he understood correctly that adjustments have been made for the traffic
counts due to pandemic and the study was based on using a higher number of homes
with 260 instead of 211 as being proposed. Lawson said he was correct. He said there
will be additional adjustments made based on calculated growth rates over the next few
years. Slusher said if the Board approves the request, it would still be at the discretion of
NCDOT. Lawson said the driveway permits are based on approval from NCDOT.
Slusher said there is concern of danger for the proposed entrance on Fred Lineberry Rd.
Lawson said specific driveway locations can be adjusted with the site plan submittals
with NCDOT and there may be some adjustments required at that time, it is not part of
the initial study. Davis asked if NCDOT could require a different driveway entrances on
Providence Grove Rd or Fred Lineberry Rd if they see a problem. Lawson said they can
Planning Board Minutes December 8, 2020 Page 16 of 18
move those driveway entrances and he has seen it happen due to safety concerns.
Having no additional questions from the Board, Joyce closed the public hearing for
discussion among the Board members and a motion.
Cable said there has been a lot of information given tonight and these hearings are
extremely important to help clear the air. He said the Board listens to all the information
given, try to educate themselves and make decisions based on the information given.
Cable said this is a unique situation, there are 211 home sites but when looking at the
entire project, it breaks down a little differently. He said he thinks the concept of using
-
may be a thing of the future for Randolph County.
Cable said he feels the Board has addressed the concerns of the citizens based on the
information they have been given. Joyce said traffic and water were major concerns
tonight and both issues have been addressed to the best of their ability.
Modlin said the study that is used for water in Guilford County, should be make part of
the conditions if the request is approved. He also said the irrigation system and watering
lawns section should be removed from the Covenants as discussed. Joyce asked
Hodierne if these conditions were acceptable. Hodierne agreed to conditions. Joyce
said let these two conditions be shown as agreed upon, as part of the record.
Davis said he would like to add that NCDOT approval be part of the conditions as well,
when making a motion. He said the plan that has been presented by Diamondback is a
newer concept for Randolph County and is well designed.
Beeson said there are 211 home sites being proposed but the home per acres is not as
dense as they have seen. He said having the open space is nice for all the residents
within the development and wants to clarify that for any future development to take place
outside of the proposed site plan as presented, would
Slusher asked Dale if he knew what the average lot sizes were for the adjoining
subdivisions in the area. Dale said he could not confirm but looking at the map, they
appear to be approximately one-acre lots.
Cable 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 (including the
water study, all NCDOT approvals and changes to residential covenants as discussed),
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
Planning Board Minutes December 8, 2020 Page 17 of 18
rezoning request.
Joyce called the question on the motion to approve the rezoning request for
Diamondback Investment Group, LLC, and the motion was adopted unanimously, and
the rezoning was granted.
Joyce informed Diamondback Investment Group, LLC, that the rezoning request had
been approved by the Randolph County Planning Board.
Having no further business, Joyce called for a motion to adjourn the meeting. Davis made
the motion to adjourn with Slusher making the second to the motion.
Joyce called the question on the motion to adjourn and the motion was adopted
unanimously.
The meeting adjourned at 10:06 p.m. with forty-two citizens present.
RANDOLPH COUNTY
NORTH CAROLINA
__________________________
Planning Director
__________________________ _______________________________
Clerk to the Board Date
Approved by the Randolph County Planning Board
January 5, 2021
Planning Board Minutes December 8, 2020 Page 18 of 18