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03MarchPB Planning Board Minutes March 2, 2021 Page 1 of 10 RANDOLPH COUNTY PLANNING BOARD MINUTES March 2, 2021 There was a meeting of the Randolph County Planning Board on Tuesday, March 2, 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 Vice-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 February 9, 2021, Planning Board meeting.  Approval of agenda for March 2, 2021, Planning Board meeting.  Approval of the Order of the Board to approve the Special Use Permit for Paul Scarlata, and the Consistency, Reasonableness and in the Public Interest Statements for the Rezoning Requests by David Lewis, MERIC, Inc., Derksen Poultry, LLC, and Mac Wilson Property, LLC. Davis 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 March 2, 2021 Page 2 of 10 Dale presented the first case of the night along with site plans and pictures of the site and surrounding properties. SPECIAL USE PERMIT REQUEST #2020-00003470 ROBERT LEE EVANS COMER, Asheboro, NC, is requesting a Special Use Permit at his residence at 7243 US Hwy 220 S, Richland Township, Tax ID# 7666501994, RR – Residential Restricted District and RA – Residential Agricultural District. The proposed Special Use Permit would specifically allow a landscaping business with a produce stand as per the site plan. Joyce opened the public hearing and asked if anyone was present to speak in favor of the Special Use Permit request. Morgan administered the oath to Robert Comer. Robert Lee Evans Comer, 7243 US Hwy 220 S, Asheboro, said he plans to sell mulch, rock, sand, hay, straw, and produce to benefit the community. He also said he would like to sell Christmas trees. Joyce asked how many employees he planned to have and what his hours of operations would be. Comer said he would have three employees and his hours would be Monday through Friday from 8:00 a.m. until 5:00 p.m., and Saturdays from 8:00 a.m. until 12:00 p.m. He said he would not be open on Sundays. Davis asked if he currently operates a business on his property. Comer answered no. Slusher asked if he would be installing any exterior lighting for his inventory. Comer said he had already had three lights installed by the power company. Davis asked if it was the normal outside lighting from the power company that turns on at night. Comer answered yes. Davis asked if he would be using the existing drive shown on the maps. Comer said he would be installing an additional driveway to the right of the existing drive. Vaughan asked if there would be evergreen buffers between his property and the adjoining property. Comer answered yes and said there is a significant distance between the neighbor’s home and his property where the business will be located. 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 that would like to speak in opposition to the request. Morgan administered the oath to Roy Edward Freeman. Roy Edward Freeman, 7281 US Hwy 220 S, Asheboro, said he currently lives adjacent to Mr. Comer and has plans to close on the property in a couple of days because he has Planning Board Minutes March 2, 2021 Page 3 of 10 just sold to his daughter and son-in-law. He expressed his concerns regarding the impact the business may cause for his family including increased traffic and the location of the business so close to his property line. Joyce asked Freeman where his home is located to the proposed business. Freeman said from the road looking toward the property, he is located to the right of the proposed business. Slusher asked Freeman what were his specific concerns that the Board could address. Freeman said he would like some privacy with a buffer and that it not be located on the property line. Cable asked what his daughter and son-in-law’s main concern would be to the request. Freeman said they do not want the business to be located right on the property line. Slusher asked how closed his home is located to the property line. Freeman said he would guess that it would be approximately fifty feet. Vaughn asked if the buffer that is shown on the maps before them is located on his property or Comer’s property. Freeman said there is no longer a buffer, it has been clear-cut. Joyce said according to the map before the Board, the house is located approximately 100-125 feet from the property line. Davis asked what he would consider an ideal distance from the property line. Freeman said he would like the business to be at least twenty feet from the property line. Cable asked if the twenty-foot setback from the property line would be acceptable. Freeman answered yes. Cable told Freeman he appreciated him coming to the hearing and being honest. Slusher asked where the landscaping bins would be located. Comer said they would be approximately forty feet from the property line. Cable asked if the forty-foot would be minimum. Comer answered yes. He said he would like everything to look good and remain country-looking. Having no additional opposition to the request, Joyce closed the public hearing for discussion among the Board members and a motion. Cable said it seems as though all of the concerns were addressed. Joyce agreed. Slusher said there was only one person to speak in opposition and his main concern was regarding the distance from the property line and it was answered satisfactorily. Slusher 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 Planning Board Minutes March 2, 2021 Page 4 of 10 be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Vaughan 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, and 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. SPECIAL USE PERMIT REQUEST #2020-00003643 BRANDON HOLLINGSWORTH, Asheboro, NC, is requesting a Special Use Permit at his residence at 786 McDowell Ctry Trl, Franklinville Township, Tax ID# 7782367405, RA – Residential Agricultural District. The proposed Special Use Permit would specifically allow a federal firearms license for a gunsmith shop with in-person and internet sales with no firing range as per the site plan. Joyce opened the public hearing and asked if anyone was present to speak in favor of the Special Use Permit request. Morgan administered the oath to Brandon Hollingsworth. Hollingsworth, 786 McDowell Country Trl, Asheboro, said he had recently moved to Randolph County and would like to continue a business that he began approximately six years ago while living in Davidson County. He said he runs a gunsmith shop for repairs and handles some sales and legal transfers by appointment only. He said he would be working strictly from the basement of his home, there would be no outside storage, no firing range of any type, minimum traffic such as one or two cars per week and there would be limited inventory on-site. Joyce asked what would be his hours of operation. Hollingsworth said he works full time at Energizer so he plans to work Monday through Friday from approximately 4:00 p.m. until 8:00 p.m. and Saturdays from 12:00 p.m. until 8:00 p.m. Cable asked if there would be any test firing. Hollingsworth answered no. He said all of his testings would be done at a certified gun range. Beeson asked if his supplies or inventory that is needed would typically be a UPS or FedEx delivery. Hollingsworth answered yes. 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. Planning Board Minutes March 2, 2021 Page 5 of 10 Davis said Mr. Hollingsworth seems to be experienced in what he is doing and he sees no potential problems. Davis made the motion to approve the Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Slusher made a second to the motion to approve the Special Use Permit request. Joyce called the question on the motion to approve the Special Use request, and the motion was adopted unanimously and the Special Use was granted. Dale presented the third case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2021-00000241 GLANDON FOREST EQUITY, LLC, Raleigh, NC, is requesting to rezone 2.00 acres at the intersection of US Hwy 311 and Cedar Square Rd, New Market Township, Tax ID #7737131258 and 7737133652, L A Bowman subdivision lots 2-7, 61-64 plus another tract, Primary Growth Area, Randleman Lake Watershed, from RA – Residential Agricultural District to HC-CD – Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a retail store as per the site plan. Property Owner: Kermit R Hayes. Joyce opened the public hearing and asked if there was anyone present to speak in favor of the request. Bob Brent Purdum, Triangle Design, 4004 Barrett Dr., Raleigh, NC, representing Glandon Forest Equity, LLC, said he is there to request approval for a general retail store and answer any questions the Board may have. He said a lot of research has gone into the area, concluding the proposed site to be the best location for their request. Modlin asked what type of items would be sold. Purdum said the store would sell grocery items and general supplies like Wal-Mart. Dale said the site plan indicates it will be a Dollar General store. Purdum said he was correct. Davis asked if there are turning lanes planned for the entrance of the store. Purdum answered yes. He said they have already been in contact with NCDOT and they have indicated there will be a turning lane for both directions of traffic on US Hwy 311. Modlin asked if the access would be located on “Old 311”. Purdum answered yes. He said there Planning Board Minutes March 2, 2021 Page 6 of 10 would be access off of Cedar Square Rd as well. He said another reason for choosing this site is because of access from two different roads, which is more desirable for the large truck deliveries needed for the store. Cable asked if NCDOT has permitted the entrances and exits for this location. Purdum said they have been given the guidelines although it is subject to changes after the zoning decision. 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 that would like to speak in opposition to the request. Matthew Doyle, 5590 Old Cedar Square Rd, Archdale, said his property is adjacent to this request. He said he realizes the property is a desirable location for retail because of the proximity to the highway but there are six other Dollar General locations within ten miles of this particular property. He said there are other local businesses in the area that sell the same product(s) as Dollar General which will be affected by a Dollar General and if there is one thing that everyone has learned during a pandemic, it is to support your local businesses. Doyle said he invested in his property approximately three years ago and has invested in the property to improve the value of the home and starting a family farm for his kids. He said a decision to approve a commercial site adjoining his property takes away from the agriculture values that Randolph County is known for. Davis asked Doyle how much property he owns adjoining the requested site. Doyle said he owns 7.6 acres and described the property in more detail with the amount of cleared area that is used for personal farming. Austin Frazier, 5559 Old Cedar Square Rd, Archdale, said he lives across the road from Matt and agrees with Matt’s concerns. He said he is not in favor of a Dollar General and he chose a rural area to keep away from the commercially zoned property. He would have moved to the city, next to a store, if that’s what he had wanted. Doyle asked the Board if the request were to be approved, would a buffer be required to help protect the surrounding properties. He also asked if he could expect additional rezoning for other properties in the area. Dale said there are no current requests for rezoning in the immediate area although it would be reasonable to assume that there will be additional requests in the future, due to the location of Hwy 311 and Interstate Hwy 74. He said the site plan does not show any buffer. Morgan asked if the rezoning classification would not require a minimum buffer. Dale said there would be a level one buffer required for this particular zoning. Beeson asked if the rezoning request is for the entire property or just two acres. Dale said the rezoning would include only the two acres. Planning Board Minutes March 2, 2021 Page 7 of 10 Joyce asked if there was anyone else that would like to speak in opposition to the request. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Davis said he understands how Doyle feels because he is a farmer as well. He said he also understands that this property is located at an intersection of a major highway and that there will be a natural buffer between his home and the store and it will only be two acres out of the seven acres to be rezoned. Cable agreed with Davis’ statements and said the area changed when Interstate Hwy 74 was constructed. He said there are several commercial properties in the area, including the railroad. He also agreed with Dale’s statement regarding future development should be expected because of the location to Interstate Hwy 74 and Cedar Square Rd. Joyce said US Hwy 311 has been commercialized for many years. Modlin said he is also from the area and it has always been considered somewhat of a commercialized area because of the Union 76 gas station, fertilizer business, etc. Joyce said there has been a furniture operation across the street for twenty years or more. Beeson said he feels there should be some conditions required to add turning lanes as part of the request. Dale said NCDOT is pretty strict on requirements based on traffic counts. There was additional discussion from the Board members regarding the existing lanes and flow of traffic. Slusher said the aerial photo shows there to be natural vegetation surrounding the two acres requested to be rezoned and asked if that was correct. Dale said if they do not clear-cut the property during construction, it would have a natural buffer. Davis asked if they would be allowed to clear-cut the entire property. Dale said they could clear-cut the property but they would have to plant a level one buffer as required by the Unified Development Ordinance. 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. Slusher 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 #2021-00000246 Planning Board Minutes March 2, 2021 Page 8 of 10 TJTR PROPERTIES, LLC, Asheboro, NC, is requesting to amend the existing Conditional Zoning District at 2863 NC Hwy 134, Tax ID# 7657589747, 21.24 acres, Secondary Growth Area, LI-CD – Light Industrial – Conditional District, to also allow two 40 ft. by 100 ft. warehouses and a 14 ft. by 28 ft. accessory building as per site plan. (The existing Conditional Zoning District permit allows a 40 ft. by 100 ft. building for the sale and manufacturing of portable accessory buildings as per site plan along with no billboard advertising signs.) Joyce opened the public hearing and asked if there was anyone present to speak in favor of the request. Dale announced that Mr. Schneider could not be present for the meeting because of exposure to someone that could have coronavirus. He said Mr. Schneider is available by phone for any questions the Board may have if they are willing to proceed with his request. He told the Board that Mr. Schneider has expressed the need to expand his existing business and needs the two additional buildings. Joyce asked if there was anyone present 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. Cable said the business is doing well, even during the pandemic. Slusher said the business fits the area, there is no opposition to the request, it is an expansion of an existing business and he sees no reason to deny the request. Slusher made the motion to approve the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions (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 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 last case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2021-00000075 Planning Board Minutes March 2, 2021 Page 9 of 10 NORMA C PIERCE HEIRS, Trinity, NC, is requesting to rezone 29.04 acres located between Flint Hill Rd, Beeson Farm Rd and Beckerdite Rd, Back Creek Township, be rezoned from RA – Residential Agricultural District to CVOE-CD – Conventional Subdivision Overlay Exclusive – Conditional District. Tax ID # 7724675402. Secondary Growth Area. The proposed Conditional Zoning District would specifically allow a 27-lot site-built subdivision with a minimum house size of 1,300 sq. ft. as per the site plan. Dale told the Board of recent discussions with NCDOT regarding the approval and denial process which is somewhat different than the procedures followed in the past. Dale said he had been told by the surveyor, as it was explained to him, that even if the Board were to pass this request, the NCDOT would not approve access because it does not meet their criteria. Dale also said there have been multiple conversations and emails regarding their requirements, with no clear answers as to what they will and can require at this time so he does not know how to advise the Board at this time. Cable said in light of the information, he suggests the NCDOT provide additional information before the Board makes a decision. Cable made a motion to table the rezoning request. There were additional discussion and agreement amongst the Board members regarding the need to postpone the request until additional information or clarity is received from NCDOT. Slusher made a second to the motion to table the rezoning request. Joyce called the question on the motion to table the rezoning request, and the motion was adopted unanimously. Having no further business, Joyce called for a motion to adjourn the meeting. Davis made the motion to adjourn with Cable 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 7:39 p.m. with 33 citizens present. RANDOLPH COUNTY NORTH CAROLINA Planning Board Minutes March 2, 2021 Page 10 of 10 __________________________ Planning Director __________________________ _______________________________ Clerk to the Board Date Approved by Randolph County Planning Board April 13, 2021