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020821 Kings Ranch AppealFebruary 8, 2021 Special Meeting Zoning Appeal The Randolph County Board of Commissioners met in special session at 6:00 p.m. in the 1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC. Chairman Darrell Frye, Vice -Chairman David Allen, Commissioner Kenny Kidd, Commissioner Maxton McDowell, and Commissioner Hope Haywood were present. Also present were County Manager Hal Johnson, County Attorney Ben Morgan, Deputy Clerk to the Board Sarah Pack, and Clerk to the Board Dana Crisco. Chairman Frye opened the meeting and thanked the audience for their attendance. He said during the Public Hearing, anyone wanting to speak will have a chance to do so. Jay Dale, Planning Director, presented the request to appeal the decision of the Planning Board, as follows: DALE BEANE has requested an appeal for the decision made by the Randolph County Planning Board to approve a rezoning for 518.88 acres located between Providence Church Rd and Fred Lineberry Rd, Level Cross Township, from RA — Residential Agricultural District to CVOE-CD — Conventional Subdivision Overlay Exclusive — Conditional District. Tax ID 47766797618, 7766998538, 7767540951, 7767547408, 7767647354, 7767720859, 7767739124, 7767750463, 7767758217, 7767814662, 7767848366, 7777123700, 7777140032 and 7714727096. Secondary Growth Area. Polecat Creek Watershed. The Conditional Zoning District approved was to allow a 211 -lot site -built subdivision as per site plan. Property Owner: Richard L. Petty. On December 8, 2020, the Randolph County Planning Board voted unanimously to approve the rezoning request of Diamondback Investment Group, LLC to develop a 211 lot, site -built subdivision on 518.88 acres located between Providence Church Rd. and Fred Lineberry Rd., (PIN 7766797618, 7766998538, 7767540951, 7767547408, 7767647354, 7767720859, 7767739124, 7767750463, 7767758217, 7767814662, 7767848366, 7777123700, 7777140032 and 7714727096). There was opposition from the neighborhood with major concerns as follows: 1. Possible runoff issues caused by the impervious surface area created by the development; 2. Traffic increase; 3. Exceeding school capacity; and 4. Diminished water table due to the proposed community water system. The issues were addressed in the hearing and the Planning Board determined that the concerns were not sufficient to deny the request. A third -party water supplier would be involved in serving the water needs of this proposed community. 02/08/21 Commissioner McDowell asked Mr. Dale to elaborate on potential impervious surface issues. Mr. Dale said that it was not a concern for this site, particularly with the amount of acreage left open to help absorb stormwater. Commissioner Haywood said she had spoken with officials at the NC Department of Transportation (DOT) about the proposed subdivision. According to their traffic study, it would not be a requirement to have dedicated turn lanes going in and out of the subdivision but they would recommended them. Chairman Frye opened the public hearing at 6:15 p.m. and closed it after everyone wishing to speak had done so. Amanda Hodierne, 804 Green Valley Rd., Suite 200, Greensboro, is an attorney for Diamondback Investment Group, LLC, a residential -only developer. She introduced several other individuals involved in the planning of the proposed subdivision. She noted that they would be held to the standards approved by the Board and any changes would need to be reapproved. She reviewed the proposed sitemap. The site will retain approximately 35% of open space. She discussed the strategic locations of the open spaces. The features of this site do adhere to the Growth Management Plan. Her expectation is that all recommended turn lanes will be built. Chairman Frye asked what the minimum square footage of homes would be. Ms. Hodierne said it ranges from 1700 to over 3000 sq. ft. in order to accommodate a broad range of layouts and options. Because this site is in a watershed area, additional work needs to be done regarding runoff. The open space is utilized to absorb water off the impervious surface. All roads will be built to State standards and will be State maintained. Preliminary soil evaluations have been completed since the homes will be on septic tanks. There will be a community well system installed. Based on the number of lots, there should be between 3 and 5 well sites needed. An HOA declaration was included in the presentation to the Planning Board. There was language initially included that brought concerns about the water table. That language will be removed due to concerns by adjacent property owners. Chairman Frye asked if Diamondback had any other developments in Randolph County. Ms. Hodierne said no, but there are some in Guilford, Forsyth, New Hanover counties, and the Charlotte area as well. Commissioner Haywood asked if a nearby cell tower was on this property. Ms. Hoderne said it is adjacent but not on this property. Commissioner Haywood said there are two families that have large adjacent parcels of land. She asked if there was potential for those properties to be developed in the future. Ms. Hodierne said that could happen, but because they aren't part of this project, they are not being evaluated. Anything for those properties would restart the process. Commissioner Haywood asked what the maximum number of houses that can be approved is. Ms. Hodierne said that 211 was the maximum number. 02/08/21 Chairman Frye asked if two lots could be sold to the same person. Ms. Hodierne said there was no prohibition on that. Chairman Frye said this would reduce the number of houses. Commissioner McDowell asked if people generally do purchase multiple lots or split lots. Ms. Hodierne said that splitting lots would not be allowed. A builder would evaluate the lots and determine whether multiple lots would be sold to the same person. Commissioner Haywood asked if all of the lots would be built by the same builder. Ms. Hodierne said options were being evaluated. A builder won't become engaged until there is a confirmed site plan. There could potentially be a team of builders. A considerable amount of options for home types will be available. In this neighborhood, there will be different facades and building material options. It will not be one of those neighborhoods that is pulled up to the street with houses looking the same. Commissioner Haywood asked what the plans for the trees will be. Ms. Hodierne said that there will be trees in the open spaces. Commissioner Haywood asked if there will be trails in the open area. Ms. Hodierne said yes; other than a portion that must be kept natural, the open space will be available to the residents to take advantage of. Tonya Hayes, 5978 Fred Lineberry Rd., Randleman, appreciated the additional clarification from Ms. Hodierne. She is concerned about traffic. The initial study showed more traffic on Providence Church Road than US Highway 220. There are no statistics for Fred Lineberry Road. That road will be where the main entrance is located. She said that the pandemic would have impacted the numbers of the study. Two local schools are already congested. Level Cross is listed as having a good capacity but parents line the shoulders of both sides of the road to drop off and pick up students. She had photos of the traffic situation that were taken recently and schools are not even currently operating at full capacity. There is a hill and blind curve near the entrance on Fred Lineberry Road, included three driveways across from the proposed entrance which is located next to the Victory Junction entrance. There is a traffic circle nearby that has consistently been an issue. She would like to see Diamondback add plans for safer options. She believes a better plan could be created for the community. Dale Beane, 5205 Fred Lineberry Rd., Randleman, is concerned about the community well system. He handed a packet of information for the Board to review. (This packet is included following these minutes as Attachment A.) The 3 proposed wells are all within 400 feet of each other whereas the other two are in 150 feet of each other. This is a fractured rock aquafer. Once you penetrate those, you could be imposing on your neighbors. This is concerning. Recently, it has taken multiple drills to establish a well on properties nearby. He does not see how billable usage can be traced back to the homeowner. This will take responsibility off the homeowner to use the right amount of water. The backup plan, if there are well issues, is to connect to a public water system that is already available. There is a sewer system available as well, giving them the option to avoid both a community well and septic systems. He asked what the growth plan will be in the future; will additional housing be added to the well system in the future? He is also concerned about stormwater runoff. He has a family farm that is adjacent to the property that has already been affected by stormwater runoff from the clearcutting on the property. A creek has formed, flowing onto his property and into a pond on the property. There will be no buffer if the proposed property will be clear-cut. The traffic is already a dangerous situation; adding housing will increase that risk. He is also concerned about the size of the lots compared to surrounding 02/08/21 parcels. Surrounding lots are larger than proposed lots. Buffers would help to alleviate some of that concern. He believes that lots in a Rural Growth Area must be at least three acres; there are several lots in this Rural Growth Area and the proposed one acre per lot is not enough. The Victory Junction Camp was established in a rural area which is part of its appeal. Do we want this Camp surrounded by a development of 211 houses? He would like to see public water used, larger lots, and buffers established to preserve the rural feel of the area. Steve Stanley, 6048 Racine Rd., Randleman, lives near the site. There is a lot of school bus activity in the morning and afternoons, creating heavy traffic. There is a lot of traffic from emergency vehicles trying to reach the hospital as well. During pickup and drop-off hours related to schools, the traffic is very heavy. During a drought in 2008-2009, Polecat Creek dried up. He is worried that the wells could run out of water. He was a plumber and has experience will wells. He told a story of a customer who had a neighbor drill a well too close to his and it drained his well. He doesn't know what the effect on the wells would be if there were an extended dry spell. Amy Coble, 6013 Fred Lineberry Rd., Randleman, said the neighbors are all for responsible growth. She is concerned about the compatibility of the development in the surrounding area. Most adjacent parcels are over four acres. The six largest lots are set aside for Victory Junction. Nearly all of the proposed parcels are less than the surrounding areas. The two major impacts on the community are traffic and water. She referenced the Growth Management Plan and stated her concerns regarding the placement of homes on the proposed sites. Polecat Creek routinely overflows its banks. She suggested larger lot sizes and less density of homes. She referenced a 2013 traffic study and said that traffic will be heavier now. There are a lot of high school drivers. A turning lane won't do much for safety. Some of the HOA restrictions were too stringent. She has been in communications with Ms. Hodierne about purchasing adjoining property to hers in order to act as a buffer. They want the development to be completed responsibly. Mr. Beane approached the podium. He said the cell tower is actually on the proposed property and it is owned by North State. Randall Bowman, 668 Providence Church Rd., Randleman, said Richard Petty has been a good neighbor. Mr. Petty wouldn't allow building to happen if he had a say. Debbie Bowman, 668 Providence Church Rd., Randleman, is an adjacent property owner. She requests that prospective home owners have the option to purchase more than one lot. The proposed lots aren't cohesive with existing lots. She is very concerned about traffic. There have been multiple accidents in front of her home. Dan Leonard, 5346 Fred Lineberry Rd., Randleman, has a driveway directly across from the main entrance of Victory Junction. His biggest concern is the proposed well system. He doesn't understand why it is more cost effective to drill wells rather than attach to public water. He wants to know if the voice of the community is being heard. Teresa Evans Wardlaw, 509 Providence Church Rd., Randleman, said her driveway is across from the Petty gate. She said if turning lanes are added, neighbors will lose part of their yards. The traffic concerns are real. 02/08/21 Ronisa Dawn Stanley, 6048 Racine Rd., Randleman, said traffic is bad in the mornings when school is in session. State Troopers park on Racine Road to catch speeding student drivers. Beth Smith, 5608 Fred Lineberry Rd., Randleman, said bus capacity for schools is an issue. Ann Coble, 6013 Fred Lineberry Rd., Randleman, asked if current property owners will be allowed to purchase land adjacent to the proposed lots in order to act as a buffer. Chairman Frye invited Ms. Hodierne back to the podium. Ms. Hodierne said she's hearing the main concern to be balance in the community. There are subdivisions around that are similar and more open than the proposed development. Would infrastructure be necessary to support more lots in the future? Water and sewer cost more and demand a higher lot yield. This is not a reasonable way to introduce a subdivision to the area. The most balanced solution is a low-density option. This is a subdivision and the lots are a good size relative to that. To create larger lots in keeping with the community means well and septic. Using public water and sewer would mean more smaller lots. Her firm and client are working with the County to create a development that is consistent with the Growth Management Plan. This proposal is a combined effort by experts to find a balanced solution for the community. The proposed subdivision is very similar to other subdivisions in the area. Jim Chandler, Timmons Group, 5410 Trinity Road, Raleigh, said professional delineations of streams and wetlands have been completed. There will not be a mass grade of this site as this would compromise septic soils. Information regarding connection to public water was not available. The State has to approve well sites and the wells have not yet been drilled. One well site will only support 49 lots. Ms. Hodierne said the well system will have a pump that pumps water into a reserve tank. It's not constantly running. It meters the usage as it pumps. It also helps to manage dispersal so that the pump is not continuously running. It's calibrated and charged based on usage. There are parts of this State where water is a concern. However, that concern is for areas to the east; not in this area. This aquafer is not identified for low water usage. There is a monitoring well sited in this aquafer that is monitored with daily data including infiltration and refill rate. The aquafer system is healthy and functioning. Deeper wells tap into deeper parts of the aquafers, whereas individual wells are shallower and are threatening to the water table. Community wells are more positive for aquafer management. These are private utilities owned by this HOA; they will not be usurped by another subdivision. Mr. Chandler said the maximum dwelling units per acre is two and this subdivision is at one. Cliff Lawson, Timmons Group, 5410 Trinity Rd., Raleigh, is a traffic engineer and helped to conduct the traffic study for the project. The surrounding roads have been included in the study. The DOT has a division that handles traffic for schools, including onsite queueing issues. The study assumes 260 homes, but there are only 211 proposed. There was agreed upon methodology 02/08/21 looking at historical and current counts and current counts were adjusted accordingly for the pandemic. There was a fifteen percent difference in historic and current counts. Vice -Chairman Allen asked if the area of the road that is 55 mph would be changed to a 35 mph or if the 35mph would be extended. Mr. Lawson said that that would be a determination of the NCDOT during the permitting process. Hearing no more comments, Chairman Frye closed the public hearing at 7:50 pm. Chairman Frye said that the Board is certainly taking this matter seriously. There are multiple committees involved in determining outcomes relative to this issue. The project has been reviewed by at least four Boards or committees. Every aspect of this development is being reviewed. The property owner has a right to use or sell their land as permitted. The roads are the responsibility of the DOT. The school traffic is the responsibility of the School Board. Commissioner McDowell commended the community members and other attendees for their well thought out comments and positive, presentable behavior. He agrees that adjoining property owners should be able to purchase adjoining property. He said that both sides were very well presented. Commissioner Haywood said if Mr. Petty's family members do not intend to live on this property, it's hard to say what would become of the land in the future if this development were not completed. This appears to be a responsible use of the land. She has spoken with the DOT. She understands the concerns about school. It is not a DOT issue; it is a school issue when it comes to school related traffic. This should be brought to the attention of the leadership in the schools. She asked for clarification regarding the cell tower. The cell tower was pointed out on a map for the Board. Chris Garner, 5716 Ponderosa Rd., Randleman, said the tower is on Mr. Petty's property. It is on the property in question. Ms. Hodierne said they are not buying all of Mr. Petty's property. Chairman Frye said the tower may be on Mr. Petty's property but it is not on the property in question. Vice -Chairman Allen said that he does have concerns about Fred Lineberry road; the entrance is not in the best place but that is a DOT issue. It is consistent with other neighborhoods in the area. He understands the concerns regarding schools. These decisions are tough because you want to honor the wishes of the landowner but don't want to impede on the neighbors or lose the feel of the area. Commissioner McDowell said that it is the school board's responsibility to assign children to schools. It is the DOT's job to address school traffic. 02/08/21 Commissioner Haywood said recently she met with Dr. Gainey and asked him if there was space in the schools and Dr. Gainey said there was. Chairman Frye said the current enrollment of several local schools suggests room for several hundred more students at each school. Commissioner Haywood asked if people will be able to purchase more than one lot. Ms. Hodierne said it's a fluid matter because right now there is no end user who is selling that commodity. Builders purchase lots as part of an inventory and usually want to build homes on them. Commissioner Allen said it looks like the cell tower is on the proposed site. Ms. Hodierne said nothing will be done with the cell tower. It is not part of the proposal. Commissioner Haywood said this site has positive attributes. If the site will be developed regardless, she feels better knowing the plan for the site is a responsible one. She feels this is part of the reason that Mr. Petty would consider selling to this developer. On motion of Haywood, seconded by Kidd, the Board voted unanimously to approve this 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 ofReasonableness and Public Interest statements that are included in the Board of Commissioners 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. " Pursuant to North Carolina General Statutes § 153A-341 and 342, the Randolph County Board of Commissioners finds that the proposed zoning district map amendments to CVOE-CD Conventional Subdivision Overlay Exclusive Conditional District as described in the application of Diamondback Investment Group, LLC are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the northeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area. Secondary Growth Areas generally are predominately residential in nature and provide areas for transitional land use patterns. B. Consistency with Growth Policies in the Growth Management Plan 02/08/21 Policy 6.4 Innovative and flexible land planning techniques should be supported as a means of encouraging development configurations which are more desirable and which may better safeguard existing natural land and water resources. Consistency Analysis: The request is consistent with the Randolph County Growth Management Plan in that the request is using land planning techniques that work to preserve the existing forested land, water resources and provide protection to surrounding land uses. Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to insure the continued existence as a housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: This request is consistent with the Randolph County Growth Management Plan in that it recognizes the surrounding rural land uses and subdivisions and attempts to continue the existing land uses. The request also reflects the existing land uses and the need for a continued housing source. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adjournment At 8:17 p.m. on motion ofAllen, seconded by Kidd, the Board voted unanimously to adjourn. Darrell Frye, Chairman David Allen Kenny Kidd Hope Haywood Maxton McDowell Sarah Pack, Deputy Clerk to the Board 02/08/21 WELL SITE Plq, PogE WFLL SITE N FRED,PGSF=D WELL EATE WELLSITE FRED,PGSF=D WELL EATE 0 :z ce W