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02FebruaryPBPlanning Board Minutes February 9, 2021 Page 1 of 15 RANDOLPH COUNTY PLANNING BOARD MINUTES February 9, 2021 There was a meeting of the Randolph County Planning Board on Tuesday, February 9, 2021, 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, present;  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 January 5, 2021, Planning Board meeting.  Approval of agenda for February 9, 2021, Planning Board meeting.  Approval of the Consistency, Reasonableness, and in the Public Interest Statements for the Rezoning Requests by Roddy Crosgrove, Denny Romero, Dania Puente, and Victoria Richards.  Amend 2021 Planning Board Meeting Schedule to change April meeting to April 13, 2021, and July meeting to July 13, 2021, due to unforeseen scheduling conflicts. Cable made the motion to approve the consent agenda as presented with Modlin making the second to the motion. The motion was adopted unanimously. Planning Board Minutes February 9, 2021 Page 2 of 15 Joyce called for any old business to be brought before the Board. Hearing none, the Board moved forward with the cases on the agenda. Dale presented the first case of the night along with site plans and pictures of the site and surrounding properties. SPECIAL USE PERMIT REQUEST #2020-00003642 PAUL SCARLATA, Asheboro, NC, is requesting a Special Use Permit at his residence at 1923 Wood Bluff Trl, Cedar Grove Township, Tax ID# 7639648958, Wood Bluff subdivision lot six, CVOE-CU – Conventional Subdivision Overlay Exclusive – Conditional Use District. The proposed Special Use Permit would specifically allow a federal firearms license with no storefront or shooting range as per the site plan. Dale explained that Scarlata writes reviews for firearms after he has received them and would occasionally sell one if someone approached him with interest. Dale told the Board that the developer, Larry McKenzie, had been contacted to make sure Scarlata would comply with his restrictive covenants. He said Mr. McKenzie did not have a problem with the request but asked that it be brought before the Board so the community could weigh in on the decision. Joyce opened the public hearing and asked if anyone was present in favor of the Special Use Permit 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. Slusher said he has questions about the request. He said although there is no request for a storefront, there appears to be a parking area located on the side of the road at his property. Dale said he had also seen the area Slusher is referring to and is not sure for what the area is used. He said Scarlata has not indicated that he would like to have a full- scale business. He said he told Eric Martin, at the time of the application, that he currently writes reviews for the product and would like to obtain a Federal-Firearm License to sell them occasionally. Slusher asked if there have been any calls in opposition to the request. Dale said that he had not received any calls and mentioned again that the developer had been contacted regarding the private deed restrictions and with Scarlata’s request being of such low impact, moved forward with his request. Beeson said if the request is approved, it should be stated that the approval is for internet sales, not having a storefront. Cable said he finds it odd that the applicant did not show up for the hearing. Dale said he was unsure of Scarlata’s absence and knew he had been in regular contact with Eric Martin during the process. Eric Martin announced that Scarlata was absent due to heart surgery. Cable said the restriction should be placed on the request to have internet sales only. Joyce agreed that it would be part of the motion. Planning Board Minutes February 9, 2021 Page 3 of 15 Modlin made the motion to approve the Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use, if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Slusher made a second to the motion to approve the Special Use Permit request. Joyce called the question on the motion to approve the Special Use request for Scarlata. The motion was adopted unanimously, and the Special Use was granted. Dale presented the second case of the night along, with site plans and pictures, of the site and surrounding properties. REZONING REQUEST #2020-00003643 DAVID LEWIS, Franklinville, NC, is requesting to rezone 16.33 acres, at 3411 Mack Lineberry Rd, Franklinville Township, Tax ID# 7774998694, Rural Growth Area, from RA – Residential Agricultural to RBO-CD – Rural Business Overlay - Conditional District. The proposed Conditional District Permit would specifically allow a machine shop as per the site plan. Property owner: Joy Lewis Joyce opened the public hearing and asked if there was anyone present for the Rezoning request. David Lewis, 3411 Mack Lineberry Rd, Franklinville, NC, said he would like to add a couple of manual mills and lathes and possibly a computer-controlled mill to an existing building on his property so that he may add additional income for his family. Joyce asked Lewis his planned hours of operation and how many employees he planned to have. Lewis said he could possibly work Monday through Thursday from 6:00 a.m. until as late as 5:00 p.m. and has no employees currently but is planning the possibility of up to five within the next several years. Modlin asked if his work would be an automotive machine shop. Lewis said his shop would be geared more toward agriculture and furniture, making brackets and specialty pieces, possibly some for automotive. Modlin asked about the amount and frequency of material being delivered to the site. Lewis said the deliveries would not be frequent because you keep an abundance of material on site. He said he may have a box truck or UPS truck delivery once a month or so. Davis asked about the location of the building on the property. Lewis said his building Planning Board Minutes February 9, 2021 Page 4 of 15 would be approximately thirty to forty yards from the property line and he also planned to install a buffer. Ed Lewis, 3128 Benny Lineberry Rd., Climax, NC, father of David Lewis, said he was also in favor of the request. He said that all the necessary requirements will be met, a buffer will be installed out of consideration of his son’s neighbors, and feels it is a good proposition. Joyce asked if there was anyone else that would like to speak 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. Joyce said there is another machine shop located not too far from this location that has been there for several years. Cable said all the right permits have been applied for and he seeing someone make their dream a reality is what Randolph County is all about. Slusher said the proposal seems to make perfect sense. He said Lewis has a large tract of land, he is planning to provide a buffer for the neighbors and there is no opposition. 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. 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 Lewis and the motion was adopted unanimously and the rezoning was granted. Dale presented the third case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2020-00003644 MERIC, INC., Randleman, NC, is requesting to amend the Conditional District Permit on 8.63 acres at 9755 US Hwy 220 Bus N, Level Cross Township, Tax ID# 7767265344, Randleman Lake Watershed, Primary Growth Area. The existing Conditional District Permit allows an event center as per the site plan. The proposed Conditional District Permit amendment would specifically allow lumber and manufactured home sales as per the site plan. Joyce opened the public hearing and asked if there was anyone present to speak in favor of the request. Planning Board Minutes February 9, 2021 Page 5 of 15 Eric Davis, Randleman, NC, president of MERIC, Inc, said they have a new proposed tenant that would like to lease the existing building for lumber sales and no manufacturing. He said they would also like to have manufactured home sales on the front of the property and back parking lots. Joyce asked if the original zoning allowed lumber sales. Eric Davis answered yes. He said most recently it was an event center and by allowing this change, it would be less noisy and would probably make the neighbors happy. Vaughan asked if there would be any manufacturing allowed. Eric Davis answered no. He said it would strictly be lumber sales. Kemp Davis asked if the original zoning allowed truss manufacturing. Eric Davis answered yes. Cable asked what type of manufactured homes would be on the property. Eric Davis said there would be singlewides, doublewides, and some modular homes on display for sale. Cable asked if he would be the dealer for those homes. Eric Davis answered yes. He said he has a dealer’s license. Cable asked if there would be any vehicles obstructing traffic onto Bus 220. Eric Davis answered no. He said everything would be located behind the entrance gate. 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. Kemp Davis said he was not sure how many more times this property would have to come before the Board before something works. He said Eric Davis has made an effort in trying to find a fit for the property and make it work. Kemp Davis 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. Beeson made a second to the motion to approve the rezoning request. Joyce called the question on the motion to approve the rezoning request, and the motion was adopted unanimously, and the rezoning was granted. Dale presented the fourth case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2021-00000003 Planning Board Minutes February 9, 2021 Page 6 of 15 DERKSEN POULTRY, LLC, Asheboro, NC, is requesting to rezone 11.92 acres at 4656 US Hwy 64 E, Franklinville Township, Tax ID #7781997135 and 7791092197, Roger Byers subdivision lots one and two, Primary Growth Area, from HC – Highway Commercial District, HC-CD – Highway Commercial – Conditional District and RA – Residential Agricultural District to LI – Light Industrial Development. Property owner: Byers Family Trust (Kathy B Allen, Trustee) Joyce opened the public hearing and asked if there was anyone present to speak in favor of the request. H R Gallimore, 231 S. Fayetteville St., Asheboro, NC, representing the applicant, submitted a photograph (Exhibit 1 at the end of these minutes), reflecting an existing operation of the applicant, located on Old Cedar Falls Rd, with currently over twenty employees. He said this business would allow new employment opportunities as well, even though he was not sure how many at this time. Gallimore said the applicant’s request for rezoning meets all the Zoning and Growth Management requirements and understands they will have to meet any additional County and State regulations including water quality, buffers, and appropriate permitting. He pointed out that there are multiple properties in the surrounding area that are already zoned commercial as well. Joyce asked where the photos had been taken that had been submitted. Gallimore said they were taken at Dura-Built, LLC, Old Cedar Falls Rd, Franklinville, also owned by the applicant. He said the applicant has several companies and is an asset to Randolph County. Joyce asked if this property had originally been rezoned for the Kubota dealership. Gallimore answered yes. He said after Mr. Millikan had the rezoning approved, he found a different site for the dealership. Davis asked if there is a current business plan for the property. Gallimore said they are planning a manufacturing business for metal roofing. Cable asked how far the building would be set back on the property. Gallimore said there are no preliminary engineered site plans available at this time because it has not been rezoned, they felt it would be pre- mature. Dale said because they have not requested conditional zoning, site-plans were not required at this time even though all the setback regulations will still have to be met. Gallimore said he feels it will be low-impact for the area. Davis asked if this business would be similar to the roofing business nearby. Gallimore said it would be similar and probably a competitor. Joyce asked if raw materials would be brought in and stamped out. Gallimore said he is not familiar with the process but there would be minimal noise. Joyce said he has been in the plant up the street multiple times and it is a clean operation and minimum noise. Vaughan asked how many employees would be needed for this operation. Gallimore said Planning Board Minutes February 9, 2021 Page 7 of 15 the number of employees would be dependent upon the success of the business. 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. Sam Reiner, 3105 Indian Springs, Asheboro, NC, said without seeing the location of a building, parking area, metal storage areas, traffic, buffers needed, and anything to do with possible drainage, he feels it is premature to rezone the property and they would like to see it remain agricultural zoning. He said several adjoining properties currently have drainage issues and is concerned that run-off from this property will worsen. Dean Staley, the pastor of First Pentecostal Church, located down the street, asked if there were any plans for water and sewer. Joyce said the Board would not be able to answer that question. Dale said the County does not provide public utilities and would not know of any plans to provide that service. Joyce said this property would have to meet all regulations through the Randolph County Health Department for septic and well approval. Terry Dezern, 3145 Indian Springs Rd, Asheboro, NC, expressed his concerns for additional water runoff from developing the property. He said the property is currently wooded and there is already a severe problem of water runoff to the adjoining properties. He said clearing the property, grading, adding structures and pavement will worsen the situation. Dezern said he is firmly against the rezoning of the property. April O’Brien, 3119 Indian Springs Rd., Asheboro, said she is strongly against the rezoning. She said her family has invested a tremendous amount of money into their property to provide an oasis for their children during this pandemic because that is all they have right now. She also said that her property is one of the lower adjoining properties which is already having major issues with water runoff. Evelyn Ford, 3144 Indian Springs Rd, Asheboro, said she has experienced issues with her well due to surrounding development and had to add a filtration system due to trash in her water. She said she has concerns about having even more issues because of additional wells and septic. Jonathan O’Brien- 3119 Indian Springs Rd, Asheboro, said the previous rezoning request had detailed drawings for the use of the property and he has concerns about the uncertainty of this request. He said they do not know the hours of operation and there are no lighting plans that may affect adjoining property owners who will be in direct sight of this location. Dale said Mr. O’Brien has made the right observation. He said the applicant has disclosed his intended use, however, with straight zoning, anything within the permitted uses of light industrial zoning would be allowed with no conditions. Modlin asked what the required buffer requirements would be for this zoning. Dale said he was unsure of the exact buffer requirement, but some minimums would have to be met. Modlin asked about the drainage issues. Dale said the drainage issues would be handled by the State. Joyce said the State would look at the situation and their requirements will Planning Board Minutes February 9, 2021 Page 8 of 15 sometimes improve an existing situation. Modlin mentioned his personal experience with a situation of water runoff. He said if your property has created a situation of interfering with the natural flow of water, the State will get involved to resolve the issues. Beeson asked if grading permits would be issued for the job site. Dale said there would be building permits issued by the County and the Building Inspections Department may look at grading, but water issues would be handled by the State. Morgan said the County would regulate some of his concerns. He said there will be regulated setbacks for the structures and buffer requirements to be followed but the specific hours of operation and lighting would be dependent on the use of the property. Joyce asked if there was anyone else present in opposition to the request. Hearing none, Joyce asked Gallimore if he could come up and address some of the questions regarding the request. Gallimore said there would be no Sunday hours of operation and no third shift. He said their current plan is to be in operation from 6:00 a.m. until 5:00 p.m. He said there would be lighting for theft prevention but nothing excessive. He also said that if he were living in the adjoining neighborhood, knowing Derksen as well as he does and his operations, he would have no reservations about his development plan. Cable asked Gallimore if anyone from the audience had reached out to him with concerns. Gallimore said someone had contacted Derksen with concerns about a poultry business because of the name of his company, which is not his initiative. Joyce commented on the photo presented to the Board as being a clean-looking operation. Gallimore said he provided the photos for that reason, it usually helps to see how someone maintains their current operation and Derksen does a great job. Cable asked Gallimore if he thought there would be any lighting issues. Gallimore answered no. He said he is not aware of any complaints from the neighbors at Derksen’s other business location on Old Cedar Falls Rd. He said they must be mindful of potential visibility problems for highway traffic due to lighting as well. Gallimore said that Derksen will work with the County and the State to ensure that all rules and regulations are met, and he wants to be a good neighbor. Davis said there is no doubt that the properties in the area are commercial-type properties and will continue to increase due to the location of the highway. He said this property is located adjacent to a subdivision and with the request of straight zoning, the neighbors are skeptical of the result. Gallimore said he could understand their concerns but when someone spends this kind of money on a piece of property, they need a little flexibility on the use of the property without specific conditions in the event the original plan is not successful. Davis said there are problems with having conditions on a piece of property if the proposal does not work out. He referred to the previous case where MERIC, Inc. has been before the Board multiple times because a specific condition to the zoning has not worked out although the Board does want to try and protect the adjoining homeowners. Planning Board Minutes February 9, 2021 Page 9 of 15 Gallimore said he understands the concerns and feels if the right buffers are put into place, they can both co-exist. Davis said he would hope that Derksen would provide ample buffering to protect the homeowners. Gallimore said he thinks the Board can rest assured of that. He also said that he did not feel that the topography would allow anything too close to the adjoining homes. Having no additional questions for the applicant, Joyce closed the public hearing for discussion among the Board members and a motion. Cable said his main concern is one of the ladies with small children. He said he knows it would not be the same but would like to see a good buffer that allows them to co-exist. Beeson said in regards to the water runoff and drainage, the permitting requirements and regulations from the County and State for this development, will hopefully improve the existing situation for the adjoining properties. Joyce agreed. Cable said the Board has seen multiple times where the development of a project has improved a situation for adjoining properties. He also said that Gallimore has come before the Board on multiple occasions to represent a developer and has not known him to be untruthful and represents clients that are straight and honest and does not see why his current client would be any different. He said his biggest concerns are the buffers and lighting and feel the applicant will do what is necessary to co-exist. Modlin said this project would also be in the right area for commercial traffic rather than being located on a rural road in a country setting. Joyce said there is good visibility in both directions as well. 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. Slusher made a second to the motion to approve the rezoning request. Joyce called the question on the motion to approve the rezoning request for Derksen Poultry, LLC, and the motion was adopted unanimously, and the rezoning was granted. Dale presented the last case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2021-00000014 Planning Board Minutes February 9, 2021 Page 10 of 15 MAC WILSON PROPERTY, LLC, Franklinville, NC, is requesting to rezone 3.62 acres located at 1815 Pleasant Ridge Rd, Coleridge Township, Tax ID# 8700198488, Secondary Growth Area, from LI-CU – Light Industrial – Conditional Use and RA – Residential Agricultural District to LI - CD – Light Industrial – Conditional District. (The existing Conditional Use Permit allows the construction of a 40 ft. by 80 ft. building for warehouse storage for related furniture business.) The proposed Conditional District Permit would specifically allow the assembly of purification cartridges and replacement parts and service items for high-pressure breathing compressors as per the site plan. Property owner: Hellenic Property Ventures, LLC Joyce opened the public hearing and asked if there was anyone present to speak in favor of the request. Gary Williams, president of Mac Wilson Properties, LLC, and one of his partners, William Johnson, were both present. Williams said he and his partners are currently in the process of trying to purchase the property located on Pleasant Ridge Rd for one of their companies, (Blue Spartan Products), which manufactures different styles and sizes of disposable filtration cartridges for special breathing air compressors, used by firemen, scuba divers, and even paintball participants. He said in addition to their manufacturing, they buy and re- sell other types of air filters, compressor oils, and parts. He explained the process and showed the product to the Board. Williams said Blue Spartan Products have been in business for about one and one-half years and currently have only about five to six hundred square feet of space dedicated to the assembly of these products within another building, located on Faith Rock Rd, Franklinville, NC, which they have outgrown. Williams said the rezoning would be low impact and positive for the neighborhood. He said they would have to renovate the building to accommodate their needs and clean up the outside of the property for better curb appeal. He said all the manufacturing would be done inside the building, there would be four to six employees, shipments would be handled by UPS and FedEx trucks, and an occasional tractor-trailer. He said most of the shipments needing a tractor-trailer would be re-located to their business on Faith Rock Rd. Cable asked about hours of operation. Williams said they currently work Monday through Thursday, ten hours a day although currently they have had to work some overtime on Fridays and this past Saturday was the first Saturday they have had to work. He said the normal should be Monday through Friday, eight to ten hours a day with only one shift. He said in the event they needed to work additional shifts, the neighbors would not even know they were there. He said there is nothing loud and obnoxious about the facility and everything is done inside the building. Cable asked if there would be any compressor noise. Williams said they may be a low- pressure compressor, but the current building already has a covered area where a compressor was previously located on the backside of the building. He said it would not be any different or above and beyond what was already there. Planning Board Minutes February 9, 2021 Page 11 of 15 Cable asked if by moving to a new facility, they would become more efficient and possibly scale back the hours. Williams said it would probably not scale back the hours because they are in the infancy stage of the business and orders continue to grow because there are not but a few companies that manufacture the product. Davis asked if he was handling chemicals. Williams answered no. He said they assemble the product from purchased materials. 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. Brenda McMasters, 1366 Park Rd, Ramseur, NC, said her property backs up to this property. She said when the property was rezoned last time, it was supposed to be used for warehouse storage for the furniture business and has changed to what appears to be a trucking terminal. She submitted photos (Exhibits 2A – 2H at the end of these minutes), to demonstrate the number of trucks and the current appearance of the property. She said the warehouse was only used for a month or two as it was originally approved and then remained empty until this trucking terminal moved to the location. She also said constant traffic and noise is coming from the property and they would like to see it used for agriculture. Davis asked who is the current tenant of the property. Brenda McMasters said she was unsure, but it appears that it is being used as a trucking terminal. Davis said the applicant is not asking to continue to use the property in the same manner as it is currently being used. Brenda McMasters said they still do not want noise in the area, and they want the property to remain agricultural. Modlin asked if the photos that were submitted were taken currently. Brenda McMasters said they were taken earlier today. She said the building is supposed to be used for storage and has only one box truck on the property. Dale said he thinks the complaint is a separate issue and something Code Enforcement may need to look at. He said the current applicant is not operating the trucking terminal, and what he is requesting seems less intense than even the warehouse that was approved. Brenda McMasters said again, they are concerned about the noise and want to see it used as agriculture. Dale said he would have Code Enforcement investigate it. Ronald McMasters, 4430 Ridgetop Rd, Ramseur, NC, said he lives adjacent to the proposed property and has concerns about air compressor noise because his bedroom is less than 175 ft. from the building. He said currently trucks are coming in and out all hours of the night, blowing horns, leaving trucks running for an hour or hour and a half at the time, rattling his house. He said he would like something to be done about the current situation. Joyce said he understands if the applicant purchases the property, the trucks currently on the property will be removed and there will be a low-pressure compressor on the property, with only four to six employees. Robert McMasters said if everything is located inside, there should not be any noise, but he understood the applicant to say he would have a Planning Board Minutes February 9, 2021 Page 12 of 15 high-pressure compressor, which sounds like it will be a lot of noise. William Jarman, 1820 Pleasant Ridge Rd, Ramseur, said he moved here from Concord to get away from the City. He said he raises cows, goats, and chickens. Jarman said a small number of employees was mentioned and then it was made clear that the business was growing. He questioned the number of employees that would be allowed due to growth. He said when he moved here, he was told the building would be used for storage and only one box truck on the property, and trucks are coming and going and partying all hours of the night. He also said he has installed a $7,000.00 privacy fence between his home and the business because employees come out to eat lunch and throw down trash that blows onto his property. He said he has worked hard all his life to get where he is and cannot keep moving. He also said adding more industry is going to lower his property value. Ronnie Kidd, 1857 Pleasant Ridge Rd, Ramseur, NC said he has lived on his property for over forty years. He said the agreement for the warehouse building was that it was supposed to be used for cushion cutting and then hauled off and as far as he knew the property has never been rezoned. He said it should be agriculture zoning. He said he knows Williams and does not blame him for wanting to make a living, but the noise and wastes will affect the neighbors. He asked what guarantees he would have that the business will not affect his farm and water run-off will not affect his property. He said the neighbors are currently having issues with noise from this property and they do not know what type of noise will be created from this new business. Kidd said he would like for the Board to understand where the neighbors are coming from. He said the property has been agricultural for years and asked for it to remain agricultural because bringing industry into a residential area does not help property values. Modlin said he knew exactly where Kidd was coming from because the farm that he grew up on was taken by the State for a highway. Cable asked Kidd if he or any of his neighbors have contacted the County to complain about the current situation. Kidd answered no. Jarman spoke out from the audience, he said he called the County and was told to bring proof of the problem and it would be investigated. Robert McMasters said Williams had mentioned there may have been an air compressor on the backside of the building and it was a band saw at one time. Jarman said he already has problems with run-off onto his property which he bought into but if they build an additional building and additional parking it will worsen the situation for him. Joyce asked the applicant if he was planning on building an additional building or expanding the existing building on the property. Williams answered no. Joyce told Jarman if expanding or new construction is needed in the future, the applicant will have to come back before the Board. Planning Board Minutes February 9, 2021 Page 13 of 15 Cable said the neighborhood agrees that there is an undesirable situation on the property now and the applicant’s request may be a solution to the problem. Kidd said he did not get an answer regarding the water run-off and if anything would be done about the current situation. Joyce said it is the Board’s understanding that there will be no grading or building on the property that will require changes for the applicant. Joyce asked Williams if he would come back up to the podium and answer some of the Board’s questions. Modlin asked what would be done with the debris from sawing the plastic parts and if it is collected and contained. Williams answered yes. He said in a full eight-hour day there is little waste. He said it is mainly a sweeping cleanup and a final clean-up by vacuum. Cable asked Williams if he was aware of the trucking problems that are currently on the property. Williams said he is familiar and would like the neighbors to know that all the current issues will be gone, he intends to improve the curb appeal and he knows that he will not be allowed to build a new building or expand the existing building on the property without coming before the Board again. He said he would be making the parking situation better by adding gravel, large trucks will no longer be on the property, only his employees will be parked on the property during the day. Williams said he would also like to address the compressor concerns. He said if the compressor located on the outside of the building is a concern, he can locate one inside of the building. He said mowing lawns will more than likely make more noise than his entire business will generate. Cable asked if his business would own the property and have full access to the property. Williams answered yes. Cable asked if he would enforce security on the property and prosecute to the full extent of the law for trespassing. Williams answered yes. Cable said the neighbors have legitimate concerns regarding the current situation. He said when the property was rezoned, it was not approved for what is currently taking place on the property. He said the pictures that have been presented tell the story, but the Board was unaware of the situation. He said Williams has heard the concerns and feels he can remedy the situation with his request. Williams agreed. He said he feels he will improve the current situation for the neighbors. He said would like to offer an open invitation to anyone that would like to see the operation in action. Beeson said there were questions regarding the growth of his company and asked if Dura- Built would remain at the other location. Williams answered yes. He said all the neighbors’ complaints should go away if they are approved to move forward with the request. Cable said sometimes people accuse the Board of having their minds made up before the hearing process has even begun and he has expressed many times that is not the case. He said he feels the neighbors have come before the Board with legitimate complaints. He said if the complaints had been made known to the Planning Department, someone could have addressed the situation because the current use of the property was not intended by Planning Board Minutes February 9, 2021 Page 14 of 15 the Board’s approval. He said Williams has shined a light on the entire situation and this should become a much better situation for the neighbors. Cable said the Board wants business, agriculture, and families in Randolph County and everyone must co-exist, and this request may be delivering the perfect solution. Williams said he has driven by the property multiple times within the last thirty days and realized the current use was not intended for the property. He said it appears to be nothing more than a parking lot for tractor-trailers that are continuously moving in and out. He said all of that will be gone and the neighbors will never have to see it again. Cable asked if anyone were to trespass, would he prosecute to the full extent of the law. Williams answered yes. He said they have their camera systems that will be located on the property. Cable asked if Williams would still have an open invitation for the neighbors to see his operation. Williams answered yes. He said if they have questions or concerns regarding his operation, he welcomes them to come by and see it for themselves. Modlin asked Williams if he was planning to pave the parking because there are questions about water run-off. Williams said that he would be graveling the parking at this time because of the poor conditions due to the large trucks and would follow all necessary rules and regulations if decided to pave in the future. Joyce said they feel bad for the neighbors and what they are currently going through, and this should be a welcomed improvement for them. Having no additional questions for the applicant, Joyce closed the public hearing for discussion among the Board members and a motion. Beeson said he feels Williams proposal will be a much better situation for the neighbors. Joyce agreed. He said the change will be low impact, improve traffic, and an overall improvement to the area. Vaughan said she also agrees and likes to see a positive outcome in any situation. Slusher said in all his years on the Board, he has not seen a business owner give his business card to someone who was originally in opposition of a request. Vaughan said that is a good way to start a relationship. Cable said he feels good about the results and would like to make a motion. 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. Vaughan made a second to the motion to approve the Planning Board Minutes February 9, 2021 Page 15 of 15 rezoning request. Joyce called the question on the motion to approve the rezoning request for Mac Wilson Property, LLC, and the motion was adopted unanimously, and the rezoning was granted. Joyce announced that Reid Pell, chairman, should have completed his surgery and recovery and should be present for the next Board meeting. Having no further business, Joyce called for a motion to adjourn the meeting. Modlin 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 8:22 p.m. with 24 citizens present. RANDOLPH COUNTY NORTH CAROLINA _________________________ Planning Director _________________________ _______________________________ Clerk to the Board Date Approved by the Randolph County Planning Board March 2, 2021