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05MayPB Planning Board Minutes May 4, 2021 Page 1 of 14 RANDOLPH COUNTY PLANNING BOARD MINUTES May 4, 2021 There was a meeting of the Randolph County Planning Board on Tuesday, May 04, 2021, at 6:30 p.m. in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro, NC. Chairman Joyce called the meeting to order at 6:30 p.m. and welcomed those in attendance. 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 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 April 13, 2021, Planning Board meeting.  Approval of agenda for May 4, 2021, Planning Board meeting.  Approval of the Consistency, Reasonableness, and in the Public Interest Statements for the Rezoning Requests by Norma C Pierce Heirs, Melissa and Jimmy Lee Hill, Jr., Tony Hurley and Vicky Harris, and Phil Burgess Construction, Inc. Cable made the motion to approve the consent agenda as presented with Davis 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 May 4, 2021 Page 2 of 14 Dale presented the first case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2021-00001037 JEAN McGEE, Sophia, NC, is requesting to rezone 2.53 acres at 3857 Roy Farlow Rd, New Market Township, Virginia B Davis subdivision, part of lot 2A, Tax ID #7726648026, Primary Growth Area, from RA – Residential Agricultural District to CVOR-CD – Conventional Subdivision Overlay Restricted - Conditional District. The proposed Conditional Zoning District would specifically allow the property to be split into two approximately 1.26 acre lots for site-built, modular, or Class A mobile homes as per the site plan. Joyce opened the public hearing and asked if there was anyone present to speak in favor of the request. Jean McGee, 4331 Finch Farm Rd, Trinity explained that she and her sisters (all present for the meeting) had inherited property when her mother passed and all of them agree to split the property for two of the nieces if the Board would allow the division. 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. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Modlin asked about the type of housing allowed (Class A mobile home). Dale explained the Class A mobile home to be a doublewide with masonry underpinning, required with the existing zoning. There was additional discussion regarding the location of the division on the property. Dale said the property would be divided approximately in the middle. Cable said because there is no one present in opposition of the request and the division is for family members, he would 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 all agreed-upon revisions, also incorporated into the motion and that the request is consistent with the Randolph County Growth Management Plan. Slusher made a second to the motion to approve the rezoning request. Planning Board Minutes May 4, 2021 Page 3 of 14 Joyce called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. Dale presented the second case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2021-00001039 ANTONIO F and MARIA I LUNA, Thomasville, NC, is requesting to rezone 29.14 acres at 1843 Bailey Rd, Cedar Grove Township, Antonio T Marquez subdivision lots A and B, Tax ID #7648878298, Secondary Growth Area, Municipal Airport Overlay District, from RA – Residential Agricultural District to RBO-CD – Rural Business Overlay – Conditional District. The proposed Conditional District would specifically allow for a rodeo and horse racing track as per the site plan. Joyce opened the public hearing and asked if there was anyone present to speak in favor of the request. Carolyn Harris, 1013 Martin Luther King Jr. Dr, Asheboro, said they are requesting approval from the Board to allow an arena for a rodeo along with the track for horse racing and food trucks. She said the property is located on a private road, away from neighbors to prevent a disturbance and provide security for the events for everyone’s safety. Harris said events would be held every other month, not every week, and will provide proper security. She said some of the proceeds will be donated to the local fire department and other non-profit agencies to benefit the community. Slusher asked for days and hours of operation. Harris said the events are usually held on Saturdays and people start arriving as early as 7 a.m. to set up for the event and start shutting down by approximately 9:00 p.m. She said they are extremely respectful of the neighbors and community. Cable asked what type of racing was held at the event. Antonio Luna, 1843 Bailey Rd, Asheboro said there are sprint races held for quarter horses. Cable asked about the popularity of the event and approximately how many people attend. Luna said approximately two to three hundred people will attend and the actual event starts around 2:00 p.m. and ends by approximately 7:00 p.m. so that everyone can clear out by 9:00 p.m. Cable asked if the attendants are local. Modlin asked if the racers were in a circuit and move to new locations from week to week for racing. Luna and Harris answered yes. Harris said some of the other locations include Red Springs, Raleigh, South Carolina, and several more locations. Davis asked about the arena that was mentioned in the request. Luna said the arena is for the Bull Rodeo. He said there is a company that provides the bulls and riders for the rodeo held on their property. There was discussion about the location of the arena on the Planning Board Minutes May 4, 2021 Page 4 of 14 site plan and it was determined that it is located adjacent to the sprint track as shown on the site plan. Davis asked if the race participants were included in the approximate three hundred people in attendance. Luna said there are usually an additional twenty horses with their handlers. Davis asked if the Environmental Health requirements would be met for the events. Harris answered yes. She said they have porta-johns, dumpsters, and anything else needed for the safety of the public. Davis asked how often they would hold the events. Luna said they would hold one to two events each month which is different from the previous statement from Harris saying they would be holding only one event every two months. Davis asked about lighting and audio used at the event. Harris said they have a small PA system which is hard to hear over the crowd at times and there is enough lighting for safety but not as a nuisance for the neighboring properties. Vaughan said this is a very nice area and she has concerns about creating a nuisance for the adjoining properties. She asked if trash could become an issue, if alcohol was allowed at the event, and if there is security staff onsite for the event. Harris said they have staff to take care of the trash and there will be security provided for all of the events. Cable asked if they provided private security. Harris answered yes. Cable said he is unfamiliar with this type of event. He asked how the prize money was acquired and if there would be betting for each race. Luna said there is no gambling at the event, the money is earned from admission and selling food. Davis asked if there is prize money to be given at the event. Harris said sometimes there is prize money given although most of the time it is just a way to exercise the horses. Joyce asked if the events were held year-round or seasonal. Harris said the events usually start between March and April and end between September and October. Vaughan asked if there would be a published schedule available for the events. Harris answered yes. Davis asked if the facility would be used for anything in the off-season. Luna said he has two residences existing on the property and he has cattle located on the property as well. Davis asked if there would be a lot of grading required to prepare the property. Harris answered yes. Davis asked if there would be gravel parking. Luna answered yes. Davis asked how many permanent structures would be built on the property. Harris said the only structure to be built would be the arena. Cable asked if someone lives on the property year-round. Luna answered yes. Slusher asked if there would be buffers planted for the adjoining neighbor to the left of the property. Luna said the existing natural buffer will not be disturbed. Planning Board Minutes May 4, 2021 Page 5 of 14 Davis asked Dale if there would be soil erosion controls put into place. Dale said if more than an acre is disturbed, there are State regulations required. Davis asked Harris if she had talked to anyone with the State regarding the soil erosion requirements. Harris answered no. Beeson said the aerial photo shows quite a bit of exposed dirt areas and asked if the area outside the track and parking area would be planted in grass. Luna 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 that would like to speak in opposition to the request. Tara Hawkins, 2007 Bailey Rd, Asheboro, said she was there on behalf of the neighbors and asked all of them to stand. Twelve people stood in opposition. Hawkins told the Board the rezoning request was being presented as a proposal when in reality, there have already been events held on the property. She presented the Board with a memo, highlighting some of the problems during the events, as well as copies of advertisements for those events (Exhibits A1, A2, and A3). She also said there have been three events already held on the property before the Covid pandemic and the Sheriff’s department and Zoning getting involved. Hawkins said the access to the property is single, dead-end access and with a record of over four hundred cars at one of the events, there were parked cars along the road edge which caused damage to the lawns of the adjoining property owners. She said regarding trash, the discarded trash near and around the neighboring properties becomes their responsibility. Hawkins said the Sheriff’s department had to access the property on foot during an event when responding to complaints because they were unable to access the property by vehicle. She said there were citations given for violations including alcohol sales and unauthorized food sales. Hawkins told the Board that the sound system used is loud enough to disturb the community including residents on Mack Rd and Good Luck Rd. She said this type of event should not be allowed in this area. Cable asked when the prior events were held. Hawkins said she believed the first one was held in November 2019. Joyce asked if it is being widely advertised. Hawkins answered yes. She said it is being advertised as a full-blown horse race. Dale said the Sheriff’s department has shown the advertisements to Zoning Code Enforcement. Slusher asked if the last event was held in March of 2020. Hawkins answered yes. Cable asked if there have been any events held this year. Hawkins answered no although they can hear the construction taking place on the property. Planning Board Minutes May 4, 2021 Page 6 of 14 Cable asked if Bailey Rd was private or State Maintained. Hawkins said it is State Maintained and very narrow. Vaughan said the road doesn’t seem to be a two-lane road. Joyce asked if it would be difficult to meet a horse trailer on the road. Cable said he would have concerns for emergency vehicles access. Hawkins said it is very difficult for two vehicles to pass and there is only one way in and out of the property. She also said there are several elderly people on the road. Cable asked if the applicants have spoken to any of the neighbors in the area. Hawkins said she has not been approached and was unaware of anyone they may have spoken to. Rick Carrillo, 1775 Bailey Rd, Asheboro, said these events are very loud and disturbing. He said he works Monday through Friday and would like a peaceful time with his family on the weekends. He also said during the events, he had multiple turning around and parking on his lawn. Carrillo said he has not been contacted by the applicants. Cable asked Carrillo if he was at home during the previous events and if so, how long they lasted. Carrillo said he was at home and wasn’t sure of the timeline. He said he was very annoyed by the noise. He said this location is not the place for such an event. Melissa Grindstaff, 1813 Bailey Rd, Asheboro, said the community has always been peaceful and quiet before these events. She said one evening a few of the horses were loose and ran through her yard while her son was outside playing basketball and he had to dodge them to prevent getting ran over. She said there are dangers in addition to the disruption to the community. Andres Carrillo, 1775 Bailey Rd, Asheboro, said during one of the events, he had to park his vehicle at the end of his drive to prevent someone else from blocking his access in and out of his property and realized someone hit his vehicle while parked. He said the road is too narrow for the excessive amount of vehicles and it is not the right area for this type of event. Joyce asked what time the event ended on the day his vehicle had been hit. Carrillo said it ended at approximately 8:00 p.m. He said he called in to get a police report for the damage and when the State Trooper arrived around 8:40 p.m. there were vehicles still leaving. Renee Varner, 2771 Mack Rd, Asheboro, said these events are very loud and disruptive to the community. She said she has talked to most of the neighbors and started a petition against the events so she is shocked to hear that the applicant has talked to any of the neighbors who would be in support of the request. She said this area is not appropriate for horse racing events. James Murray, 701 Hub Morris Rd, Randleman, said he owns and rents five different properties neighboring the Luna property and has had multiple complaints from tenants regarding the noise and disruption caused by these events. Murray said one of his tenants Planning Board Minutes May 4, 2021 Page 7 of 14 called him to complain during one of the events and he could hear the noise through the phone. He said this is a well-kept neighborhood and not a good place for rodeo or horse racing. Helen Luck, 1877 Good Luck Rd, Asheboro, said the noise from the property is so loud and disruptive she can hardly stand it. Melanie Avelino, 1877 Good Luck Rd, Asheboro, said her property adjoins the Luna property with a creek and some of her concerns include the erosion that may be caused by the excessive clearing of land that is taking place on the property, the number of events exceeding what has been mentioned, the loud P.A. system which is so loud it can be heard on Mack Rd and Good Luck Rd, and as the other property owners have stated, she was also not contacted by the applicant regarding the request. Joyce asked Harris and Luna if they would like to address some of the concerns of the neighbors. Harris apologized to the neighbors and said that she was unaware of the numerous problems that had taken place at the previous events. She said she had only been working with Luna for the last few months on the project because she had been asked to help make the venue safe and up to code. She also said that she had spoken to someone on the property regarding the project and had assumed it was a neighbor. Luna said he had no idea that he had caused so many problems for the neighbors. Cable asked if he was aware that the Sheriff’s department had been to the property. Luna answered yes. He said there is no problem with the Sheriff’s department. He said he went to court and everything was okay. Cable asked if he had been given citations. Luna answered yes and said he went to court and it was dismissed. Cable asked Luna if he has cleared property down to the creek. Luna said he has cleared only the overgrowth around the creek. Cable asked why the events were held without obtaining proper permitting. Luna said he held a few events and contacted the Sheriff’s department to provide security for the events. Cable asked if Zoning Code Enforcement had met with him as well. Luna answered yes. He was told he was not in compliance and that what he is trying to correct. Cable asked Luna if he would continue to have events if the Board were to deny his request. Luna answered no. He said they have not held an event since they were told they were not in compliance. 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 the biggest issue is safety as well as traffic. He said in the event of an emergency, it would be difficult if not impossible to reach the site. He said he didn’t feel the road was adequate for such an event. He also said he has environmental concerns regarding all of the land clearing that is taking place on the property. Joyce agreed with the concerns of access for emergency response. There was additional Planning Board Minutes May 4, 2021 Page 8 of 14 discussion among Board members regarding the possibilities of emergencies and the inadequate access for a response. Cable said he is concerned about the negative effects the land clearing will have on the adjoining properties. Davis said he is not comfortable with the request due to the number and type of complaints expressed regarding the events that have taken place. Cable agreed. Slusher said he is bothered that events were held without proper permission in addition to citations for illegal alcohol sales. He said the applicant was asked about plans for alcohol sales and it was not properly addressed. Cable said he feels the request should be denied and the applicant needs to understand there is a real safety concern and no additional events are to be held on the property. Cable made the motion to deny 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, including the post from the Sheriff’s department and given to Code Enforcement 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 all agreed-upon revisions, also incorporated into the motion and that the request is consistent with the Randolph County Growth Management Plan. Slusher made a second to the motion to deny the rezoning request. Joyce called the question on the motion to deny the rezoning request, and the motion was adopted unanimously. Dale presented the third case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2021-00001040 JAMIE LYNN CRUMLEY and BURNIE W HARPER, Asheboro, NC, and their request to rezone 5.90 acres out of 30.48 acres, on Old Cox Rd, approximately ½ mile past Old Humble Mill Rd, Grant Township, Tax ID #7678098499, Zoo Environmental District, from E-1 – First Environmental District to CEO-CD – Commercial Environmental Overlay – Conditional District. The proposed Conditional District would specifically allow a taxidermy shop and three mini-rental cabins as per the site plan. Joyce opened the public hearing and asked if there was anyone present to speak in favor of the request. Jamie Crumley and Burney W. Harper, 471 E. Dorsett Ave., Asheboro, presented site plans, photos, and a summary of intent for property development (Exhibits B1 through B7). She said one phase of their request is to add a treehouse development and the other phase is to add a taxidermy/woodworking shop in addition to their homestead and the small family farm. She said they have included the existing easement on their property, Planning Board Minutes May 4, 2021 Page 9 of 14 which is the zoo’s access to the public sewer, so they can potentially tap into the sewer system for their development as well. Crumley said they would like to construct treehouses for the vacation rental spaces (photos provided with the exhibits) and work with the zoo to provide zoo passes as part of the rental packages to encourage travel and spending to our area. She said they are proposing to build one of the treehouse cabins to be handicap accessible as well. She also discussed the proposed construction of the taxidermy shop and pointed out a few businesses in the nearby area. Crumley said there is a real trend right now for this type of rental and asked if anyone of the Board members had stayed in a treehouse. Slusher said he had stayed in a treehouse in the mountains. Slusher asked if their home would be located on the property. Crumley answered yes. She said there would be two entrances to the property, the north entrance would be for their home and the southern entrance would be for the treehouse rentals and taxidermy shop. Cable said the request is a very neat idea even though he wasn’t sure about a taxidermy shop next to a zoo. Crumley said the shop would also be used as the check-in office for the guests. Cable said this is a great niche and wishes Crumley great success. 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. Mike Robbins, 1436 Woodale Dr, Asheboro, said he wasn’t really in opposition of the request but would like to remind the Board there was a request from previous owners to have a campground on the property and they were denied because the zoo did not want anyone to commercialize and make money because of their location to the zoo. He also expressed concerns for additional commercial use for the property in the future and asked how some people are approved for commercial use for a property when others are denied. Wayne Deaton, 2672 Old Humble Mill Rd, Asheboro, said he is speaking on behalf of his cousin, Sammy Beane as well as himself, both being adjacent parcel owners. He said he is curious how the proposed business will affect his hunting rights on his land being located near a business. Morgan said there are regulations near schools and unfamiliar with other restrictions although he would look into it further if Mr. Deaton would like to contact his office. Deaton said he would like to know if the applicant was planning to allow guests to hunt the property and how it would affect others around them. Cable asked Deaton if he was opposed to the request as presented or if he was just opposed to the possibility of hunting by guests. Deaton said he is opposed to hunting by the guests or a gun range being allowed on the property. Dale said to allow a gun range, an additional public hearing would be required. Planning Board Minutes May 4, 2021 Page 10 of 14 Joyce asked Crumley if she planned to have guests hunt their property. Crumley answered no. Burnie Harper, also the owner of the property said he is an avid hunter himself and the reason for planning the homestead location and cabin(s) to be separated on the property, was specifically because he did not want people roaming around his hunting area. Harper said he is there to be a good neighbor and not to be confrontational. Crumley said there will be no guided hunting on their property. Cable asked Crumley if she had spoken to the zoo about her intentions. Crumley said she had spoken to the Zoo Society and received positive feedback and appreciation of proposing to include a two- day pass in the guest packages to help promote the Zoo. Crumley said she was unsure why the previous request for an RV Park was denied but the Zoo is wanting to promote overnight stays in the area to help promote the Zoo and have partnered with the Yogi Bear RV Park for promotional purposes. Modlin said he believes things have gone off course, a good presentation has been made and it is time to move forward. Joyce closed the public hearing for discussion among the Board members and a motion. Davis made the motion to approve the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with 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 for a 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 #2021-00001041 VALERIA G and ROBBIE R MOFFITT, Asheboro, NC, and their request to rezone 1.30 acres on McDermott St, Cedar Grove Township, Allred Park subdivision, map one lots 52-56, Tax ID #7659588400, Municipal Growth Area, from RE – Residential Exclusive District to HC-CD – Highway Commercial – Conditional District. The proposed Conditional Zoning District would specifically allow for a boat repair and customization shop 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 May 4, 2021 Page 11 of 14 Valeria and Robbie Moffitt, 729 McDermott St., Asheboro. Valeria said they opened a boat restoration and repair shop, currently located in an old Klausner building south of Asheboro and the business has done very well. She said they now need to expand. Valeria said the property adjoins the commercial property, it will not perk, and useless for a residence. She said the proposed building would be located towards the center of the property. Joyce asked if the entrance would be located on US Hwy 220 Bus S. Valeria answered yes. Modlin asked if she lived on the property. Valeria answered no. She said they live behind the property at 729 McDermott St. Davis asked if they owned the property between the proposed tract and Hwy 220. Valeria answered yes. Joyce asked for their hours of operation. Robbie said their normal work hours are from 8:00 am to 5:00 pm. Joyce asked if there would be outside storage. Robbie said there would be some storage both inside and outside the building but not an excessive amount outside. Davis asked if the property would be fenced. Valeria said the storage area would be fenced for insurance purposes. Beeson asked if there would be a buffer between the property and the neighbors. Robbie said he would like to leave as much natural vegetation as possible. He said he would like to clear enough property to construct a driveway off McDermott St. for personal use only. He said it would be much easier to access from his residence across the street at 729 McDermott St. 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. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Cable said this is another example of a small business growing which he loves to see. Slusher said based on the information given, the request is harmonious to the area and would not be a distraction to the neighborhood. He would move forward with a motion. 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 all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan. Cable made a second to the motion to approve the rezoning request. Planning Board Minutes May 4, 2021 Page 12 of 14 Joyce called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. Dale presented the last case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2021-00001066 BGVG, LLC, Bowie, MD, and their request to rezone 2.41 acres at 3668 NC Hwy 49 N, Columbia Township, Tax ID #8724541994, Primary Growth Area, Sandy Creek Watershed, from LI-CU – Light Industrial – Conditional Use to LI-Light Industrial. Property Owners: Keith L and Linda H Young. Joyce opened the public hearing and asked if there was anyone present to speak in favor of the request. Gregory L. Boone, 15114 Red Ridge Place, Bowie, Maryland, said he is in the process of purchasing the property as an investment and the current zoning conditions limit the use of the building to storing furniture. He said his immediate plan is to lease the building until he moves to North Carolina with his family in a couple of years at which time he plans to use the building for car sales and possible weekend auctions. Boone also said if, given the opportunity to purchase additional land, he may request approval for a full car wash as well. 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. Jimmy Caviness, 3659 NC Highway 49 Asheboro, North Carolina, said he lives directly across the street from this property and has concerns about additional noise and disruption to the community if the request is approved. He said there is currently noisy diesel truck traffic in and out of the property and if the request is approved there will be constant commotion if a carwash is allowed on the property. Slusher asked if he was opposed to a car wash only or opposed to leasing the building. Caviness said he is opposed to a car wash. He said if a business is kept clean and quiet, he would not have an issue. Joyce asked Caviness if he understood that Mr. Boone is not requesting a carwash at present, he was proposing the possibility of having one if he could acquire additional property. Cable told Caviness if Boone were to acquire additional land, he would have to come before the Board again to request the carwash. Caviness said he understands. Boone said he can appreciate the concerns of Mr. Caviness. He said when he takes ownership of the property, the diesel trucks will no longer be using the property. Boone said while leasing the property, he would ask enough questions from the proposed business to try and ensure there is no nuisance to the neighbors. Planning Board Minutes May 4, 2021 Page 13 of 14 Slusher said he is very familiar with the area. He said the current owner is a successful plumbing contractor, has had poor health for the last couple of years and is closing his business, and has allowed his son-in-law to run his trucking company from the building. He said the request would not be any more of a nuisance than what is there currently and he has is not aware of any prior complaints. He also said he had received a few calls from neighbors in the area who are not against the request, just curious. Joyce asked if there was anyone else to speak in opposition to the request. Hearing none, Joyce closed the public hearing for discussion among the Board members and a motion. Cable thanked Mr. Boone for traveling from Maryland to come to speak to the Board and said he appreciates his interest in investing in Randolph County. He said he feels this is one of the greatest places on earth to live and own property. Boone said everyone he has dealt with has been extremely helpful and friendly throughout this process and he is looking forward to being able to provide jobs and contributing to the revenue of Randolph County. Cable thanked him again for investing in Randolph County and said for the sake of time, he would 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 all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan. Davis made a second to the motion to approve the rezoning request. Joyce called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. Modlin requested a five-minute break. Returning from the break, Morgan asked if the Board members had reviewed the proposed Resolutions provided in the agendas. He explained the proposed resolutions and how they would ultimately eliminate local authority’s ability to make decisions regarding multi-family housing and minimize Code Enforcement authority. He said there are two resolutions before the Board tonight (Senate Bill 349/House Bill 401 and Senate Bill 455), that will have to be adopted as written or with changes to proceed with the Randolph County Commissioners. The Board had a detailed discussion regarding the negative effects these Bills would have on the community and local government. Cable made a motion to adopt the Resolutions, opposing Senate Bill 349/House Bill 401 AND Senate Bill 455 as written. Modlin made a second to the motion to adopt the Resolution, opposing the Bills as written. Planning Board Minutes May 4, 2021 Page 14 of 14 Joyce called for a motion to adopt the Resolutions as written, and the motion was adopted unanimously. Dale requested the Board to set a date for a working session on the Unified Development Ordinance changes due to NCGS 160-D. After discussing scheduling, the Board agreed to meet Tuesday, May 18th, at 6:30 p.m. at the Historic Courthouse. Having no further business, Joyce called for a motion to adjourn the meeting. Davis made the motion to adjourn with Modlin 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 8:56 p.m. with 32 citizens present. RANDOLPH COUNTY NORTH CAROLINA __________________________ Planning Director __________________________ _______________________________ Clerk to the Board Date Approved by Randolph County Planning Board July 13, 2021