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06JunePB http://www.randolphcountync.gov RANDOLPH COUNTY PLANNING AND DEVELOPMENT 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 DUE TO COVID-19, WE WILL TAKE NECESSARY PRECAUTIONS TO FOLLOW SOCIAL DISTANCING RECOMMENDATIONS FOR THE SAFETY OF OUR CITIZENS, BOARD MEMBERS, AND STAFF. RANDOLPH COUNTY PLANNING BOARD AGENDA June 8, 2021 1. Call to Order of the Randolph County Planning Board. 2. Roll call of the Board members:  Reid Pell, Chair;  Wayne Joyce, Vice-Chair;  John Cable;  Keith Slusher;  Kemp Davis;  Melinda Vaughan;  Ralph Modlin; and  Reggie Beeson, Alternate. 3. Consent Agenda:  Approval of agenda for June 7, 2021, Planning Board meeting.  Approval of the Order of the Zoning Board Adjustment for the Variance Request by William R Hargett, Jr.  Approval of the Consistency, Reasonableness and in the Public Interest Statements for the Rezoning Requests by Jean McGee, Antonio F and Maria I Luna, Jamie Lynn Crumley and Burnie W Harper, Valeria G and Robbie R Moffitt and BGVG, LLC. 4. Old Business. 5. New Business. PUBLIC HEARING ON REVISED UNIFIED DEVELOPMENT ORDINANCE The Randolph County Planning Board will hold a Legislative Hearing on the revised Randolph County Unified Development Ordinance that contain the changes as required by North Carolina General Statutes Chapter 160D along with the updated Watershed Protection Ordinance as required by the North Carolina Department of Environmental Quality and the Flood Damage Prevention Ordinance as required by the North Carolina Department of Emergency Management. 6. Adjournment. COUNTY OF RANDOLPH ORDER GRANTING A VARIANCE IN THE MATTER OF THE APPLICATION FOR A VARIANCE BY WILLIAM R HARGETT, JR. VARIANCE REQUEST #2021-00001085 NORTH CAROLINA RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT The Zoning Board of Adjustment for the County of Randolph, having held a public hearing on May 4, 2021, to consider application number 2021-00001085, submitted by William R Hargett, Jr., a request for a Variance to use the property located at 1121 Hayes Dr in a manner not permitted under the literal terms of the Randolph County Unified Development Ordinance, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The Board concludes that, if the applicant complies with the literal terms of the Randolph County Unified Development Ordinance, specifically section(s), Chapter II, Article VIII, Section 1 , he cannot secure a reasonable return from, or make reasonable use of, his property. This conclusion is based on the following FINDINGS OF FACT: The Table of Area and Yard Requirements requires each lot to be 40,000 sq. ft. in size. The applicant is wanting to purchase the area to be able to continue to use the property as he has over the years. 2. The Board concludes that the hardship of which the applicant complains results from unique circumstances related to the applicant’s land. This conclusion is based on the following FINDINGS OF FACT: Mr. Hargett has used this property for many years and the neighbor is selling the property and offered to see this portion to the applicant. 3. The Board concludes that the hardship is not the result of the applicant’s own actions. This conclusion is based on the following FINDINGS OF FACT: Mr. Hargett has used this property for many years and the neighbor is selling the property and offered to see this portion to the applicant. 4. The Board concludes that, if granted, the Variance will be in harmony with the general purpose and intent of the Randolph County Unified Development Ordinance and will preserve its spirit. This conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following: No harm will be caused on the surrounding property owners as the property has been found to not be able to support a subsurface sewage disposal system. 5. The Board concludes that, if granted, the Variance will secure the public safety and welfare and will do substantial justice. This conclusion is based on all of the FINDINGS OF FACT listed above, as well as the following: No harm will be caused on the surrounding property owners as the property has been found to not be able to support a subsurface sewage disposal system. THEREFORE, based on the foregoing, IT IS ORDERED that the application for a VARIANCE be GRANTED. Ordered this fourth day of May, 2021. _______________________________ _______________________________ Randolph County Planning Director Chair, Zoning Board of Adjustment _______________________________ _______________________________ Clerk to Zoning Board of Adjustment Date COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY JEAN McGEE REZONING REQUEST #2021-00001037 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to CVOR-CD – Conventional Subdivision Overlay Restricted – Conditional District as described in the application of Jean McGee 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 northwest area shows the parcel to be rezoned in an area designated as Primary Growth Area. Primary Growth Areas generally are predominately mixed residential uses and are highly residential. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5 The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: Approving this request would further protect the rural neighborhood as it would also ensure the use of the property as residential and maintain the current long-term quality of life in this part of the County. Policy 6.13 Conventional Residential subdivisions are anticipated of similar housing characteristics to the community. Consistency Analysis: The request as currently proposed would continue the housing pattern that has been established in the surrounding community. 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. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY ANTONIO F and MARIA I LUNA REZONING REQUEST #2021-00001039 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to RBO-CD – Rural Business Overlay – Conditional District as described in the application of Antonio F and Maria I Luna are not consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are not 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 southwest area shows the parcel to be rezoned in an area designated as a Secondary Growth Area. Secondary Growth Areas are mostly residential but do allow for transitional land uses. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.3 Individual Rural Business or Highway Commercial rezoning decisions will depend upon the scale of the proposed development as it relates to the specific site and location weighed against impacts to adjoining rural land uses. Consistency Analysis: The location of the proposed rodeo and horse show arena is an area that is residential and has subdivisions in the surrounding area. The noise from the activities, along with increased pollution and traffic in this area would have negative impacts that would substantially outweigh any positive impacts. Policy 4.7 The County should encourage the use of rural business overlay districts to provide locations where compatible rural land uses such as neighborhood retail and service establishments can be located in general proximity to established rural residential areas with the goal of reducing automobile travel distances and promoting better livability in the rural community. Consistency Analysis: The type of use requested in this request is not compatible with the surrounding land uses and subdivisions. The proposed use will have negative impacts on the surrounding neighbors and will not promote better livability in this community. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is not 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 not increase the tax base nor increase economic activity within the County. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY JAMIE LYNN CRUMLEY and BURNIE W HARPER REZONING REQUEST #2021-00001040 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to CEO-CD – Commercial Environmental – Conditional District as described in the application of Jamie Lynn Crumley and Burnie W Harper 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 southeast area shows the parcel to be rezoned in an area designated as Zoo Environmental Area. Zoo Environmental Areas is an area designed specifically to protect and enhance the area around the North Carolina Zoological Park. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.1 Provide for sites in Randolph County jurisdiction where rural commercial activity can locate; with the goal of increasing economic activity; job creation, and the provision of services to the rural community. Consistency Analysis: The location for this proposed rezoning is a residential area but that could also benefit from the provision of taxidermy services. The proposed rental cabin could also provide flexible accommodation for families visiting the North Carolina Zoological Park. Policy 4.6 Compatible land uses such as rural neighborhood retail and service establishments located close to general residential areas should be considered during the rezoning process with the general goal of reducing automobile travel distances and promoting better livability in the community. Consistency Analysis: As this request is in a residential area, it could provide services to the local community, and as previously stated, provide flexible accommodations close to the North Carolina Zoological Park. 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. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY VALERIA G and ROBBIE R MOFFITT REZONING REQUEST #2021-00001041 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to HC-CD – Highway Commercial – Conditional District as described in the application of Valeria G and Robbie R Moffitt 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 southeast area shows the parcel to be rezoned in an area designated as Municipal Growth Area. Municipal Growth Areas generally are areas within a municipal limit or extra- territorial jurisdiction. This property was in the City of Asheboro’s Extra-Territorial Jurisdiction (ETJ) until 2013 when the City reduced their ETJ area. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.1 Provide for sites in Randolph County jurisdiction where rural commercial activity can locate; with the goal of increasing economic activity; job creation, and the provision of services to the rural community. Consistency Analysis: As noted earlier, this property was in the City of Asheboro’s ETJ until 2013, and this area has seen mixed uses of industrial, commercial and residential. The proposal would increase economic activity and also provide services to the community and be in harmony with the existing land uses. 36 Policy 4.3 Individual Rural Business or Highway Commercial rezoning decisions will depend upon the scale of the proposed development as it relates to the specific site and location weighed against impacts to adjoining rural land uses. Consistency Analysis: The request would transition an existing residential use to a commercial use that is consistent with the surround land uses and any impacts on the adjoining land uses should be minimal compared to the other surrounding uses. 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. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY BGVG, LLC REZONING REQUEST #2021-00001066 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 153A-341 and 342, the Randolph County Planning Board finds that the proposed zoning district map amendments to Light Industrial as described in the application of BGVG, 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 Primary Growth Area. Primary Growth Areas generally lie along major transportation corridors and have access to urban services. This parcel is along NC Hwy 49 N which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 3.3 Light industrial sites should be located in urbanized areas to take advantage of available services and to reduce home-to-work distances. Careful design and/or buffering shall be required to ensure compatibility with surrounding areas. Consistency Analysis: The property for this request has been used for many years by a local plumbing contractor. The uses allowed in the proposed zoning district would permit the same uses and could help reduce travel distances for employees and provide services to the community. Policy 4.1 Provide for sites in Randolph County jurisdiction where rural commercial activity can locate; with the goal of increasing economic activity; job creation, and the provision of services to the rural community. Consistency Analysis: As stated earlier, this site has been used by a local plumbing contractor for many years, and instead of allowing the building to become vacant and an eye-sore to the community, the proposal would continue to increase economic activity, create jobs and provide services to the rural community. 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. _______________________________ _______________________________ Randolph County Planning Director Chair, Randolph County Planning Board _______________________________ _______________________________ Clerk to Planning Board Date MOTION TO APPROVE THE REVISED RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to RECOMMEND APPROVAL by the Randolph County Board of County Commissioners of the revisions to the Randolph County Unified Development Ordinance as submitted by the County Planning Staff and included in the minutes by reference since these revisions are required by North Carolina General Statute 160D, are reasonable and in the public interest as they bring the existing Randolph County Unified Development Ordinance into compliance with applicable North Carolina laws, and said revisions support the policies and goals in the Randolph County Growth Management Plan, the adopted comprehensive plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion.