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10OctoberPB Planning Board Minutes October 5, 2021 Page 1 of 19 RANDOLPH COUNTY PLANNING BOARD MINUTES OCTOBER 5, 2021 The Randolph County Planning Board held its monthly public hearing on October 5, 2021, at the 1909 Historic Courthouse, 145-C Worth St, Asheboro, NC. Vice-Chair Wayne Joyce called to the meeting to order at 6:30 pm. Planning Director Jay Dale called the roll of Planning Board members:  Reid Pell, Chair, absent;  Wayne Joyce, Vice-Chair, 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 for the meeting. Dale informed the Chair that there was a quorum of the Planning Board members present. The Chair called for consideration and approval of the consent agenda.  Approval of agenda for October 5, 2021, Planning Board meeting.  Approval of the minutes from the September 13, 2021, Planning Board meeting. Cable made the motion to approve the consent agenda as presented, and Slusher made the second to the motion to approve the consent agenda as presented. The Chair, having a proper motion and a second, called the question on approving the consent agenda, and the Planning Board members voted unanimously to approve the consent agenda. The Chair asked if there was any Board member with a conflict of interest. Slusher announced that he had a conflict of interest as it pertains to the Glandon Forest Equity, LLC, Rezoning Request as he has family and friends opposed to the request and felt he could not make an impartial decision and asked to be recused. Upon hearing of the conflict of interest and the request to be recused, the Chair asked for a motion to allow Slusher to be recused for consideration of the Glandon Forest Equity, LLC, Rezoning Request. Davis made the motion to recuse Slusher from the consideration of the Glandon Forest Equity, LLC, Rezoning Request, and Cable made the second to the motion. Planning Board Minutes October 5, 2021 Page 2 of 19 The Chair, having a proper motion and second, called the question on the recusal of Slusher for the consideration of the Glandon Forest Equity, LLC, Rezoning Request. The remaining Planning Board members voted unanimously to approve the recusal of Slusher for the consideration of the Glandon Forest Equity, LLC, Rezoning Request. Dale presented the first case of the night along with site plans and pictures of the site. REZONING REQUEST #2021-00002567 GLANDON FOREST EQUITY, LLC, Raleigh, NC, requested to rezone 5.00 acres on NC Hwy 22N (across from Grays Chapel Elementary School), Providence Township, Tax ID #7795233740, Rural Growth Area, from RA - Residential Agricultural District to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a proposed retail store as per the site plan. Property Owner: Russell S. Lineberry. The Chair opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. Brent Purdum, with Triad Site Design, Raleigh, NC, representing the applicant, said his firm did the site plan, and they have seen the petition as well as the social media posts on various platforms regarding this request, and he was there to address those concerns. The first issue that Purdum addressed was traffic. Purdum stated that he had talked with Mickey Pate with the North Carolina Department of Transportation (NCDOT), and based on the information received, the developers are willing to install a turning lane as well as a slip lane to help with any traffic concerns, even though they are not required to do so. He said the developer wants to improve safety for the motoring public, the school, and potential customers of the store. Property values were the next issue that Purdum addressed. Purdum said that nothing he could find has ever shown property values decreasing because of a retail store; most of the time, the property values increase because the property owners can achieve the “highest and best use of the property.” Purdum stated that based upon the Randolph County Growth Management Plan, it is a good fit, and it helps the property owners get more money for their investment. The crime was the last issue that Purdum addressed. Purdum said that the developers had built many Dollar General stores in Randolph County, and he has found no information that Dollar General stores themselves cause an increase in crime. Purdum told the Board that the closest store is 6.4 miles away in Climax and that it is 8.0 miles to the store in Liberty and 8.3 to the Dollar General store in Ramseur. He stated that there are more stores to the east and the south of the site and Dollar General stores want to be in a community where they can reduce traffic travel times, and this proposed store will prevent the locals from driving to Climax, Liberty, Ramseur, or Asheboro. Purdum said that based on the amount of money Dollar General spends on market research and location searches, this site would be a good fit for the company and the Planning Board Minutes October 5, 2021 Page 3 of 19 community. The Chair asked if there was anyone else that wanted to speak in favor of the request. Hearing none, the Chair asked if anyone would like to speak in opposition to the request. The Chair asked all of those in opposition to please raise their hand and keep it up while staff counted the numbers of hands. Thirty-nine people raised their hands in opposition to the rezoning request. Steve Tate, 3550 Jess Hackett Rd, rose to address the Board. Tate told the Board that he owns two farms within one mile of the site and appreciates the opportunity to speak to the Board and explain his and other opposition to the rezoning request. Tate said that “tonight we stand at a crossroads, and we have a choice.” He said he had an interesting experience at the intersection the morning of the public hearing while talking to Madison Forsey with FOX8 News about why so many people in the community are against this request. Tate went on to tell the history of the Dan Routh family that moved to the Grays Chapel area in 1750. Tate stated that he would give the Board four reasons to deny this rezoning request. The first reason given by Tate was that there is no need for another Dollar General store in this area. He said based on his research there are eight Dollar General stores within a ten to fifteen-minute drive from the Grays Chapel crossroads. Tate said a new store will not help the community because people living in the community already drive past one or two Dollar General stores on their way to and from work. Tate stated that while at the intersection four neighbors stopped and asked him what was going on at the site and he told them about the public hearing. Tate said that they had a petition with 480 signatures from citizens in opposition to this request as there is a Dollar General store in every direction from the intersection. The second reason that Tate gave for denying the request is that the Dollar General store will harm the rural community. Tate stated that if you try to go by Grays Chapel Elementary School in the morning or afternoon it is almost impossible to get past the school traffic. Buses travel the rural roads and parents are now driving their children to school because of the COVID-19 pandemic and this store does not fit in the rural, agricultural area such as Grays Chapel. Tate stated that the Randolph County Growth Management Plan that was amended in 2009 has done a great job of protecting the area and he appreciates the fact that the plan does protect the area. Tate then handed out a map that showed the locations of local Dollar General stores. He stated that there are ten working family farms in this area, and they all have conversation easements to protect the area. Tate also stated that the Randolph County Growth Management Plan does not need to be amended to allow a Dollar General store in this area as it is working. Tate relayed another story to the Board where a neighbor saw him at the intersection and asked what was happening and the citizen followed Tate home. He advised Tate that he is a local law enforcement officer with two children, and he also related stories of problems with the Dollar General stores in Randolph County and that he does not want a store ½ mile from his home and across from the school. He said the law enforcement officer, who Planning Board Minutes October 5, 2021 Page 4 of 19 Tate declined to identify, told him of crime problems due to the store being in such a remote location, the stores are usually understaffed, have no security, offer low pay, and provide for an easy escape after committing a crime. He continued to say that the law enforcement officer said that “those” people usually have firearms, and he did not want the store across the road from Grays Chapel Elementary School and close to his home. Tate reminded the Board that they had crime statistics for the Dollar General stores in the County. Tate then moved to the next reason why the Board should deny the request and was that the Randolph County Growth Management Plan does not need to be changed. Tate stated that he had shared the plan with many people from around the area and many of those people are impressed with the fact that the plan directs certain types of growth, like this proposed Dollar Genal store, to be in a more suitable location. Tate summarized his comments for the Board and stated that this situation could be like the “nose of a camel getting under the tent.” Tate asked if this request was approved what would stop something like a McDonald's restaurant or an AutoZone store to decide to locate in their community? He said, “We are standing at a crossroads, which way do we go?” Katelyn Robbins, 5419 NC Hwy 22 N, Franklinville, a student at Providence Grove High School and a residence of the Grays Chapel community, rose to address the Board. Robbins provided the Board with reports showing the number of 9-1-1 calls within the past two years at the Dollar General stores in Randolph County. The list included issues such as overdoses, wanted persons, and more that went on to be part of a fourteen-page report. Robbins state that she thought the proposed Dollar General should not be around the school and if it was approved how would this be handled by the County and the community. Robbins encouraged the Planning Board to make good decisions to protect the community and reduce crime in the area. Robbins stated that the proposed Dollar General store will increase crime and traffic issues in the community. Robbins told how we used to drive from her home to Northeastern Randolph Middle School and now she and her younger sister drive to Providence Grove High School and the traffic situation at Grays Chapel Elementary School and Providence Grove High School is bad. Robbins stated that she must wait every day to get to school and must wait for assistance from a traffic guard to get into the school. She further stated that there will be an increase in traffic with the proposed Dollar General that will cause additional problems. Robbins reminded the Board that students with all levels of driving experience are traveling these roads along with buses and other general traffic. Robbins asked the Board if they would want their children driving the roads in this area due to the proposed Dollar General store. Robbins then read a statement from an adjoining property owner, Will Hahn, that could not attend the meeting. The statement stated that the owner did not understand the urgency of the rezoning request and how the request if approved, would impact the quality of life in the Grays Chapel community. The statement continued about how this proposed Planning Board Minutes October 5, 2021 Page 5 of 19 rezoning would forever change the Grays Chapel community and that the property values of adjoining property owners would decrease. Hahn requested that the request be denied and that any of the property owners in the area could have been approached about purchasing their property for the proposed store and any of the owners would have gladly paid the purchase price to keep the proposed Dollar General store out of the community. Robbins concluded her comments by sharing a statement from the property owner beside the school, Ellen Lineberry. The statement said that Lineberry was a fifth- generation property owner of the property beside the school. Lineberry, in her statement, said that Dollar General is known for the destruction of property values and the communities where they locate like Grays Chapel. Lineberry’s statement said that the people in this area live here to preserve the way of life and the scenic views that have been around for many generations. It is only for Dollar General’s monetary gain that the company is looking at the location without caring for the increased traffic around the school and the church. The students and teachers at Grays Chapel Elementary School will be most impacted by this proposed school as students will hang out at the store and teachers will be left to deal with the results. The statement from Lineberry said that this proposed store will hurt property values and asked that the property not be rezoned. Heather Johnson Mills, 3305 Old Liberty Rd., Franklinville, then rose to address the Board in opposition to the rezoning request. Mills informed the Board that she has lived in the area her entire life and the area is full of many families that have lived there for generations. Mills told the Board that the area is a highly residential area and a commercial operation like Dollar General at this location is not a good fit for the area. Mills noted that in the Technical Review Committee (TRC) recommendation the TRC recommended that the request be approved based upon policies 4.1 and 4.6 from the Randolph County Growth Management Plan. Those policies are as follows: 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. Policy 4.6 Compatible land uses such as neighborhood retail and service establishments located close to general residential areas should be considered during the rezoning process with the goal of reducing automobile travel distances and promoting better livability in the community. Mills stated that Dollar General may provide general services and products they do not sell gas or offer the services like a hardware store, a pharmacy, or a bank and the residents of the community will still have to drive to get these services which are located ten miles or less in the surrounding municipalities. Mills said it makes more sense to cluster these types of commercial operations in a central area. Mills said that the proposed store may provide jobs in the community but even the local stores have stopped selling convenience store items and services due to competition from other stores in the area and the Dollar General store in Climax. Mills stated that a new Dollar General could prevent people living in the community from opening their own stores to provide for their families. Mills said that Dollar General stores do not sell fresh fruits, produce, meats, etc., so residents in the community would still have to travel to get these Planning Board Minutes October 5, 2021 Page 6 of 19 types of items due to food insecurity. Mills stated that she did not want to see people to have to travel to get these items due to the proposed Dollar General store providing too much competition for a possible grocery store. Mills further stated that this request is in a Rural Growth Area based upon the Randolph County Growth Management Plan and the proposed store would be between two historic homes in the Grays Chapel community. Mills pointed out two policies from the Randolph County Growth Management Plan as possible reasons to deny the rezoning request. Policy 1.2 The County will encourage new and expanding industries and businesses which: (1) diversify the local economy, (2) utilize more highly skilled labor force and (3) increase area residents’ incomes. Policy 4.4 Commercial uses should be encouraged to develop by consolidation and deepening of existing commercially zoned property, only when such consolidation and deepening can be developed in a way that lessens the effect of incompatibility with adjoining residential land uses. In referencing Policy 1.2, Mills stated that the proposed Dollar General store will not bring a highly skilled workforce or increased wages to the residents in the community but may have the opposite impacts if people want to sell their property. Mills said that potential property owners may not want to buy property in the area due to this proposed commercial development. Mills said that this area is currently zoned Residential Restricted and Residential Agricultural and is bordered by three existing homes and that if Dollar General wants to come to the Grays Chapel area it should be clustered with other commercial uses. Mills stated that on paper the proposal looks fine but in the real world the proposal does not work and in a worst-case scenario this proposed store would be a threat to the existing businesses in this area. Mills did ask that if the Board decided to approve the rezoning request that the building be made to fit into the rural area by including appropriate buffers, building exterior that matches the community, and limited lighting. Mills closed her comments by stating that this area has a sign that says, “Jesus is Lord over Grays Chapel” and she would rather people see that sign instead of a large, yellow Dollar General sign. Thomas Truitt, 5419 NC Hwy 22 N, Franklinville, stated that Mr. Hahn has lived at the site across the road from the proposed location for more than thirty years and that Hahn will be staring at this Dollar General store for the rest of their life. Truitt asked why anyone is attending the hearing tonight since the TRC has already recommended approval of the request. Morgan stated that we are here because the TRC does not control what comes to this Board and if there is an application, the request comes to the Board and the Board members take this job seriously and come in with open minds. Truitt said that this request is about livability in their community, and this proposed Dollar General store is too close to the school and it would not make the community better. Planning Board Minutes October 5, 2021 Page 7 of 19 Truitt mentioned the information package was submitted at the August 2021, Planning Board meeting on the proposed Dollar General store in Coleridge on crime and asked that the Board remember that information and that there have been two armed robberies at the Dollar General store on US Hwy 64 since the meeting in August 2021. Truitt said there are not enough trees, buffers, or anything else that would protect what the Hahn’s would see from their property. Joe Fink, 2218 Forest Haven Dr, Climax, rose to address the Board and stated that he is two and one-half miles from the proposed site and that he only had one thing to say. Fink stated that he was an “outsider” having moved to this area eleven years ago and that wanted to leave a legacy for the community even though he did not have a road named for his family. Fink said the voices of the community are what matter, it is not what we need, and we cannot have a Dollar General store in this community. Dan Routh, 3694 Routh Rd, then rose to address the Planning Board. Routh came to find out what the benefit of the store is to this area and his question has been answered; there is no benefit to the community. Routh shared how most of the people live in this rural community because they must drive ten to fifteen minutes to go to a store. Routh requested that the Board leave the community as it is, and has been for years. Carol Campbell, 4548 Kidds Mill Rd, was the next to address the Board. Campbell advised the Board that she had lived in this area her entire life. Everyone else has been “on point” with what they have had to say. Campbell said she would like to point out that eighteen school buses are traveling the roads for the school every day as well as numerous car riders, even though that the Board does not have any control over the roads or traffic. She informed the Board that she had talked with several managers from Dollar General stores, and they told her stories about how the stores are understaffed and the stores in Ramseur and Randleman have had to close due to no employees so who is this new store going to benefit? She said it will not benefit the community, just the deep pockets of Dollar General. Shannon Beck, 3868 Hardin Ellison Rd., Franklinville, came up to address the Board. Beck stated that she lives three miles from the property and is a County school employee. She said she is speaking as a community member and mom, not as a representative of the County school system. Beck reminded the Board that the school-age children are wearing masks and are finally back in school, the schools and staff have worked hard to help the students overcome the COVID-19 pandemic and try to make life normal for the students. Beck said that if something were to happen at the proposed Dollar General store, Grays Chapel school would be forced to go on lockdown, and it would disrupt the day. She asked the Board members if they would want to go to school at Grays Chapel with all the possible lockdowns. Beck stated the proposed store would add traffic to NC Hwy 22 N and that her daughter had recently had an accident at this intersection. Beck said that as a mom she looks at things differently. For example, if parents were involved in a custody dispute, a non- custodial parent, or anyone else not allowed on school grounds, could park in the parking lot of Dollar General across from the school and watch the children and school operations. Beck concluded her comments by asking about the proximity of the nearest police Planning Board Minutes October 5, 2021 Page 8 of 19 department or fire department in the event of an emergency. Kara Brady, 5394 Old Liberty Rd., Franklinville, addressed the Board and said that she and her husband purchased their property approximately two and one-half years ago which adjoins the proposed Dollar General site because of the rural community without commercial properties nearby. Brady stated that they agree with everything that has already been said but her biggest concern is the possible reduction in property value and safety for the school. Richard Minnich, 5558 NC Hwy 22, Franklinville, expressed his safety concerns. He said he has been in law enforcement for twenty-five years in another County and being on the road instead of behind a desk, you see and hear a lot that goes on in the middle of the night for secluded businesses, not just a Dollar General because they become a meeting point for suspicious activity. Minnich said he agrees with the statement earlier that it does not need to be located next to a school. Bob Dietzen, 5777 NC Hwy 22, Climax, came up to address the Board and said that he lives approximately one-half mile from the proposed Dollar General store, on a beef cattle farm. He said even though he agrees with everything that has been said, he would not repeat them. Dietzen said he likes Dollar General which he traveled to earlier that day in Climax and what he likes most about going to the store is the trip to the store and back where he gets to enjoy the rural setting of the community including hay fields, cattle, and sheep. He also said he feels rural living is under attack. Dietzen said if someone wants city conveniences, they pick up and move while others who enjoy the rural way of life continue to stay. The Chair asked if anyone else would like to speak in opposition to the request. Hearing none, the Chair closed the public hearing for discussion and a decision by the Planning Board members. Davis stated that it was clear that the community has turned out in numbers against this request and that most of the complaints are consistent. Davis said that he was a farmer, so he did understand the premise of the arguments presented by the opposition. He said that when looking at these requests the TRC looks to make sure that the request meets the technical requirements of the Randolph County Unified Development Ordinance, and this request meets those technical requirements. However, when looking at the required Statement of Consistency and Reasonableness and In the Public Interest, Davis said this is where he has a problem with this request as the compatibility with the area is the sticking point. Cable said that the Board members know from his previous votes on the Board that he is pro-growth and that people can do what they want with their property and in the past, has voted to approve many Dollar General stores in the County because the requests have been consistent with the community. Cable said, in his opinion, that school is the major focal point for this community other than the church on Sunday and that he does not think the proposal in this location is consistent, reasonable, and in the public interest. Cable referenced how Purdum had mentioned earlier that it is 6.8 miles to the Climax Dollar General store and the distances to other stores and that the developer said they Planning Board Minutes October 5, 2021 Page 9 of 19 wanted to put Dollar General stores on an average of twelve to fifteen miles from other existing Dollar General stores. He said a store in this location goes against the rule provided by the developer. Cable made the motion to DENY 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 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 not consistent with the Randolph County Growth Management Plan. Davis made the second to deny the rezoning request. Cable specifically cited Policy 6.16 from the Randolph County Growth Management Plan as a basis to deny the rezoning request. The policy states: Policy 6.16 The County should preserve scenic views and elements of the county’s rural character by minimizing perceived density by minimizing views of new development from existing roads through use of natural buffers and open space. The Chair, having a proper motion and second, called the question on the denial of 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 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. The Planning Board members voted unanimously to DENY the rezone request. Slusher said at this point it was obvious why he requested to be recused from this case. (Exhibits for this case are attached). Dale presented the next case on the agenda. SPECIAL USE PERMIT REQUEST #2021-00002554 The Randolph County Planning Board will hold a Quasi-judicial Hearing on the request by NICHOLAS ALAN AND JOHN CHRISTOPHER TRULL, Summerfield, NC, and their request to obtain a Special Use Permit at 3624 Brownlow Ln, Union Township, Tax ID #7634547844, John Trull, and Nicholas and Tamara Trull subdivision, lot one, 26.55 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a landscaping business with material to be located at an existing accessory building as per the site plan. The Chair opened the public hearing and called for anyone supporting the Special Use Planning Board Minutes October 5, 2021 Page 10 of 19 Permit request to come forward and take an oath or affirmation to provide truthful testimony. One person, Nicholas Trull, took the oath. Trull, 3624 Brownlow Ln, Troy, stood to address the Board. Trull told the Board that he owns a small landscaping business and that he is looking for a place to store the business supplies and equipment. Joyce asked how the supplies are delivered to his property and Trull answered that the supplies come in by box truck or tractor-trailer trucks on pallets. Slusher asked about the type of materials that are delivered to the site. Trull responded that he receives items such as grass seed and fertilizer and it may be in individual bags or as bulk material usually on pallets. Beeson inquired if the driveway was sufficient for tractor-trailer trucks and Trull answered that the road is adequate and that tractor-trailer trucks have been to his property several times. Davis asked if Trull has been already storing his supplies and equipment at the site and Trull replies that he had been storing his supplies and equipment at the site and there had been no complaints. Trull corrected himself and said there has been one complaint about a tractor-trailer truck being on the grass of an adjoining property and that happened because the driver did not use the right-of-way to his property. Cable asked if that problem had been corrected and Trull said that he contacted the trucking company and told them not to cut across the adjoining property. Cable thanked Trull for taking care of the problem. Joyce asked if there were any more questions from Board? The Chair asked if there was anyone else that wanted to speak in favor of the request. Hearing none, the Chair asked if anyone would like to speak in opposition to the request. Hearing none, the Chair closed the public hearing for discussion and a decision by the Planning Board members. Joyce stated that the request meets the criteria for a rural business since it is a landscaping business. Slusher stated that the business and plan make sense as it is a small business looking for a place to store its material and equipment and it is obvious that since no one appeared, there must not be an issue with the community. Slusher made the motion the motion to APPROVE this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony included in the minutes, as well as the site plan(s) with 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 Planning Board Minutes October 5, 2021 Page 11 of 19 character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Vaughan seconded the motion to approve the issuance of the Special Use Permit. The Chair, having a proper motion and second, called the question on the issuance of the Special Use Permit. The Planning Board members voted unanimously to approve this request and authorize the issuance of the Special Use Permit on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony included in the minutes, as well as the site plan(s) with all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Dale presented the third case of the night along with site plans and pictures of the site. SPECIAL USE PERMIT REQUEST #2021-00002563 The Randolph County Planning Board will hold a Quasi-judicial Hearing on the request by ABUNDANT LIFE, INC, Asheboro, NC, and their request to obtain a Special Use Permit at 9017 US Hwy 220 Bus N, Level Cross Township, Randleman Lake Protected Area Watershed, Tax ID #7767402837, 2.99 acres, RM - Residential Mixed District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow for a daytime enrichment center for adults with intellectual and developmental disabilities to learn life skills, personal care, and decision-making skills as per the site plan. The Chair opened the public hearing and called for anyone supporting the Special Use Permit request to come forward and take an oath or affirmation to provide truthful testimony. Dewey Turrentine and Bernard Hicks took the oath. Dewey Turrentine, 1603 Dunbar St., Greensboro, spoke in favor of the Special Use Permit request. Turrentine informed the Board that he oversaw construction for Abundant Life, Inc. Turrentine told the Board that there would be no additional buildings. The center is moving from a rental location to this location that they now own and there would be no overnight stays by any of the clients. Turrentine stated that normal operating hours are from 8:30 a.m. to 2:30 p.m. with administrators staying to complete other work until around 5:00 p.m. and may stay as late as 5:30 p.m. Cable asked if the center would be providing transportation for clients and Turrentine said that the clients provide their transportation to and from the center. Slusher asked Turrentine about the number of clients, and he answered that they currently have twelve clients. Joyce asked about the hours of operation and Cable asked about the number of days a Planning Board Minutes October 5, 2021 Page 12 of 19 week that the center would be open. Turrentine restated the hours of 8:30 a.m. to 2:30 p.m. on Monday through Friday. Turrentine also reminded the Board that the administration may stay until 5:30 p.m. but patients will leave around 2:30 p.m. The Chair asked if there was anyone else that wanted to speak in favor of the request. Hearing none, the Chair asked if anyone would like to speak in opposition to the request. Hearing none, the Chair closed the public hearing for discussion and a decision by the Planning Board members. Cable said this type of facility is good and that he does this type of work with children, and he commended Abundant Life, Inc, for providing this service to the public and their clients. Joyce said he thought it was a great idea for this type of center to help these adults. Davis went over the Special Use Permit tests and reminders and said that all the tests have been met by the applicant. Davis made the motion the motion to APPROVE this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony included in the minutes, as well as the site plan(s) with all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Beeson seconded the motion to approve the issuance of the Special Use Permit. The Chair, having a proper motion and second, called the question on the issuance of the Special Use Permit. The Planning Board members voted unanimously to approve this request and authorize the issuance of the Special Use Permit on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony included in the minutes, as well as the site plan(s) with all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Dale informed those in attendance the that Special Use Permit request had been approved. Dale presented the next case of the night along with site plans and pictures of the site. SPECIAL USE PERMIT REQUEST #2021-00002555 The Randolph County Planning Board will hold a Quasi-judicial Hearing on Planning Board Minutes October 5, 2021 Page 13 of 19 the request by STEVEN SAMUEL MICHAEL, Randleman, NC, and his request to obtain a Special Use Permit at 6263 Georgia Dr, Level Cross Township, Polecat Creek Balance Watershed, Tax ID #7767487971, and 7767487841, Randolph Acres subdivision section three, lots two through three, 0.92 acres, RM - Residential Mixed District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a forty-foot by fifty-foot warehouse building to be constructed on the site for water filtration supplies as per the site plan. The Chair opened the public hearing and called for anyone supporting the Special Use Permit request to come forward and take an oath or affirmation to provide truthful testimony. The applicant, Steven Samuel Michael, took the oath. Michael, 6275 Georgia Dr, Randleman, stated that he was the owner of the business and that it is a small business and they do not have the money or resources to rent a commercial property. Michael went on to say that the company has three employees, and the new warehouse would be used to store equipment at the site. Work crews arrive at the site between 8:00 a.m. and 9:00 am and they load up their service trucks and leave. Michael said that they currently work ten-hour shifts just four days a week, so they work forty hours a week. Joyce asked about tractor-trailer trucks coming to the site. Michael said that most of his supplies arrive in a box truck or standard service trucks but occasionally there might be a tractor-trailer that comes to the site. Joyce asked if there had ever been complaints from the neighbors about the tractor-trailers coming to the site. Michael said that many of his neighbors are retired truck drivers and many of the neighbors think the proposal is a good improvement for the neighborhood. Michael said that most of his neighbors are also his customers. Cable asked Michael how long he thought it would be where the business would have to expand. Michael said that if they expanded, they would have to buy property and move due to watershed regulations. Michael stated he started with the company twenty years ago and when he bought it there were a total of five employees, including the former owners, so their growth has been slow but as expected. Beeson asked how often tractor-trailers came to the site. Michael said those trucks come to the property rarely and may only be at the site for five minutes as he comes out with the forklift, unloads the truck and it is gone. The Chair asked if there was anyone else that wanted to speak in favor of the request. Hearing none, the Chair asked if anyone would like to speak in opposition to the request. Hearing none, the Chair closed the public hearing for discussion and a decision by the Planning Board members. Cable stated this is a classic example of a business in Randolph County. The owners work hard and need to expand. Michael bought the property next to his residence and the request seems to fit in with the neighborhood and there was no opposition at the public hearing Planning Board Minutes October 5, 2021 Page 14 of 19 Slusher went over the Special Use Permit tests and reminders and said that all the tests have been met by the applicant and that this is a common-sense request. Slusher made the motion the motion to APPROVE this Special Use Permit request on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony included in the minutes, as well as the site plan(s) with all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Vaughan seconded the motion to approve the issuance of the Special Use Permit. The Chair, having a proper motion and second, called the question on the issuance of the Special Use Permit. The Planning Board members voted unanimously to approve this request and authorize the issuance of the Special Use Permit on the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony included in the minutes, as well as the site plan(s) with all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Dale presented the fifth case on the agenda. REZONING REQUEST #2021-00002321 DONALD W. LANIER, Asheboro, NC, is requesting that 20.22 acres located at 4424 New Hope Church Rd, Union Township, be rezoned from RA – Residential Agricultural District and RM – Residential Mixed District and RA – Residential Agriculture District to CVOE-CD – Conventional Subdivision Overlay Exclusive – Conditional District. Tax ID #. Secondary Growth Area. The proposed Conditional Zoning District would specifically allow a 7-lot site-built subdivision as per the site plan. The Chair opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. Don Lanier, 6048 Sandy Creek Church Rd, Staley, is the developer for the proposed subdivision and said the subdivision is a total of seven lots for site-built homes only. Lanier asked if the Board members had any questions Davis stated that the preliminary plat shows there are five lots along the road and two larger lots in the rear of the property and wondered why the lots were designed this way. Lanier said that the design was due to topography. Lanier stated that he did consider putting in a street to access the rear of the property, but that plan would not be feasible Planning Board Minutes October 5, 2021 Page 15 of 19 and cost-effective. Davis asked about the minimum house size and Lanier answered the minimum house size would be 1,200 square feet. Davis asked if the homes would be site built, and Lanier responded that the houses would be site built. Beeson asked if the drives would be constructed to allow vehicles to turn around in the drive and not have to back out onto New Hope Church Rd and Lanier responded that the drives would be constructed as described and they would be removing a few trees for utility purposes and to improve the sight distances pulling out of the driveways. Vaughn asked if the two large lots at the rear of the site could be later divided, and Lanier answered that those lots could not be divided. Joyce asked if the Board had any further questions for Lanier and there were no further questions. The Chair asked if there was anyone else that wanted to speak in favor of the request. Hearing none, the Chair asked for anyone in opposition to the request to come forward and speak regarding the request. Ruth Coltrane Lambe, 2473 Old Humble Mill Rd, told the Board that she owns property at the rear of the request location. Lambe told the Board that she purchased the property from The Estate of Charles R. Goley, Jr., in 2002 and he put restrictions on the property, and they bought the property due to the deed restrictions. (It was determined after the Board meeting that the property being referred to by Lambe is to the west of the request location instead of behind the proposed subdivision location.) Lambe informed the Board about people at their property shooting at various animals and people picking persimmons from their trees. Lambe talked about someone coming into the adjacent property and taking deer stands down from trees and leaving drag marks on the ground to the road where the stands were loaded into a vehicle and stolen. Lambe said that no one sees anything or reports anything to law enforcement. Lambe asked the Board about the impact that the proposed subdivision could have on wildlife and stated that they do not kill any of the wildlife on the property other than to have food to eat. Lambe also mentioned that the area often floods from heavy rains. Lambe stated that there are no commercial operations or other types of development willing to come to this area of the County and that she and her husband had worked their whole life for this place where nature can run wild, and they were doing everything to keep the area as rural as possible. Lambe also stated that she did not want to see the trees stripped from the property and that nature is going away and there will be nothing if we keep developing the property. She asked the Board to take a minute to think with their heart and mind to save wildlife and keep things like they are. Crystal Boyles, 5072 Ridge Rd, Seagrove, stated that she is Lambe’s daughter and that one day in the future this prop will become her property and her parents bought this property because it was in the middle of nowhere. Boyles said that once she inherited the land that she plans to do something with the property but not develop it for housing. Planning Board Minutes October 5, 2021 Page 16 of 19 Boyles said that he likes to hunt with her husband on the property and that they love the peace and quiet this property affords them. Boyles stated that her oldest daughter played ball at the ballfield across the street and her other daughter is in FFA and is a big animal lover and they hate to see houses coming into the community and the wildlife being moved out of the area. Boyles told the Board that they want something to pass down to the family that is not built up and they want the area to stay the way that it is. Vaughan asked Boyles if the two large lots on the plat back up to her parent’s property and Boyles said, “Yes.” Vaughan those lots are large and would provide a buffer and Boyles said that her parents own the property where woods are located, and any potential housing or subdivision would interfere with the hunting of her parent’s land. Vaughan reminded those in attendance that the lots in the back would not be allowed to be subdivided and, due to the size of these lots, they would probably be at a premium price. Lambe asked what would happen if someone shot an animal and the animal comes onto this property. Lambe said that they did not want people to be on their property. Beeson said that the proposed subdivision could help their situation. Lambe said that she did not care about the subdivision and Beeson restated that the proposed subdivision could still help with illegal hunters and poachers. Morgan reminded the Board and those in attendance that this request is for seven lots and not the five lots that have been mentioned. Lambe said if the new property owners stay on their property and do not come on their property, there should not be a problem. Joyce asked if the Board had any other questions? Boyles asked if the lots in the back could be later divided, and Dale responded that the lots must be five acres to divide the property due to the amount of road frontage. Doug Boyles, 5026 Ridge Rd., Seagrove, son-in-law of Ruth Lambe, said that his in- laws do not know who is going to buy the property. D. Boyles stated that he had spent eight years in the United States Marine Corps and that he loved to hunt and fish and wants his daughter to be safe while on the property. D. Boyles said that his father-in-law has worked hard all his life to make this property like it is now and that he had also worked with US Forestry Service. D. Boyles said the proposed subdivision will increase traffic and that people in the area will no longer want to live on their property. Cable told D. Boyles that he had answered a lot of his own questions. Cable says it appears that D. Boyles is responsible and is teaching his daughter responsibility. Cable stated the lives on a five-acre parcel, and he has seen that nature has a way to reform and repair itself. Cable stated that he thinks the people that live in the subdivision will be respectful and responsible property owners. D. Boyles said that his concern is that “high-class people will move in” and will either do good or lose the property since the banks do not seem to care about who they lend money to anymore for major purchases. D. Boyles mentioned a former property owner across the street from their property trashed the property and the home on the site. The new Planning Board Minutes October 5, 2021 Page 17 of 19 property owners have since put over $90,000.00 into the structure and property. Slusher told those in attendance that the Board has no way to know what will be going on the property, who will be purchasing the property or how much money will be invested in the project, but the chances are good that the people that buy the lots and homes will take care of the property. Slusher said that the property was up for sale and if they did not want the development to happen, they could buy the property, but the opposition said they did not want to purchase the property. Slusher went on to say that the poaching situation might get better because if someone puts a house on the property many of the problems will end and the only way to guarantee nothing will happen to this property is to buy the property. The Chair asked if anyone was wishing to speak in opposition to the rezoning request. Hearing none, the Chair closed the public hearing for discussion and a decision by the Planning Board members. Cable said that everything regarding this request has been aired out and at the end of it all, it fits and meets the criteria outlined in the Randolph County 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 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. Beeson made a second to the motion to approve the rezoning request. The Chair, having a proper motion and second, called the question on the approval of 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 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. The Planning Board members voted unanimously to rezone the property. Dale presented the last case on the agenda for the meeting. REZONING REQUEST #2021-00002565 The Randolph County Planning Board will hold a Legislative Hearing on the request by DEVINDRA PATEL, Brick, NJ, and her request to rezone 3.90 acres at 3436 and 3446 US Hwy 64 E, Franklinville Township, Tax ID #7781090495, 7781090415, 7781092325, 7781093314 and 7781090255, Primary Growth Area, from HC-CD - Highway Commercial - Conditional District and RA – Residential Agricultural District to HC-CD - Highway Planning Board Minutes October 5, 2021 Page 18 of 19 Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a convenience store as per the site plan. Property Owner: Kay C. Brady The Chair opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. H R Gallimore, 231 S. Fayetteville St., Asheboro, representing the developer, addressed the Board and said that the Exhibits (attached), he was passing out to the Board show an example of the same type of development being proposed at this site at McConnell Rd in Greensboro, NC, where the development had already been completed. This location is on a major east/west thoroughfare through Randolph County and that there are a couple of stores on the opposite side of the road. This would be the only site on the right side of the road. Gallimore went on to say that the existing houses on the property will be demolished and that Davis-Martin and Powell of High Point did the site plan and had done extensive soil work on the site. Gallimore went on to say that they have been in contact with the North Carolina Department of Transportation (NCDOT) and there is already a stoplight at this location which would make it the first intersection after exiting from Interstate 73/74 from the north. Most people would be looking in this area as fuel and possible snacks after traveling on US Highway 64. Gallimore said that according to NCDOT the traffic count is currently 20,000 and the road was designed to handle up to 35,000 trips per day and that the developer would be putting in a taper and turn lane. Gallimore informed the Board that the engineer that did the work for Davis-Martin and Powell was present in case there were any technical questions from the Board. The Chair asked if there was anyone else that wanted to speak in favor of the request. Hearing none, the Chair asked for anyone in opposition to the request to come forward and speak regarding the request. Hearing none, the Chair closed the public hearing for discussion and a decision by the Planning Board members. Cable said that the site looks good, and it would be the perfect location. Slusher said that the request is consistent and in keeping with Randolph County Growth Management Plan and it makes sense to have this type of operation at this location. 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 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. Davis made a second to the motion to approve the rezoning request. The Chair, having a proper motion and second, called the question on the approval of the Planning Board Minutes October 5, 2021 Page 19 of 19 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 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. The Planning Board members voted unanimously to rezone the property. Having no further business, Davis made the motion for the Planning Board meeting to adjourn. Beeson seconded the motion for the Planning Board meeting to adjourn. The Chair, having a proper motion and second, called the question on adjourning the meeting. The Planning Board members voted unanimously to adjourn the meeting. The meeting adjourned at 8:33 pm, with 66 citizens in attendance. RANDOLPH COUNTY NORTH CAROLINA ___________________________ Planning Director __________________________ _______________________________ Clerk to the Board Date Approved by the Randolph County Planning Board November 9, 2021