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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