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111521 Zoning Appeal November 15, 2021 — Special Meeting — Zoning Appeal The Randolph County Board of Commissioners met in special session at 6:00 p.m. in the 1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC. Chairman Darrell Frye, Vice-Chairman David Allen, Commissioner Kenny Kidd, Commissioner Maxton McDowell, and Commissioner Hope Haywood were present. Also present were County Manager Hal Johnson, County Attorney Ben Morgan, Deputy Clerk to the Board Sarah Pack, and Clerk to the Board Dana Crisco. Chairman Frye opened the meeting and thanked the audience for their attendance. He said during the Public Hearing, anyone wanting to speak will have a chance to do so. He asked Ben Morgan, County Attorney, to explain what the guidelines are for the Board in hearing and making a decision on this appeal. Jay Dale, Planning Director, presented the request to appeal the decision of the Planning Board, as follows: GLANDON FOREST EQUITY, LLC, Raleigh, NC, has requested an appeal for the decision made by the Randolph County Planning Board to deny a rezoning for 5.00 acres located 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 Conditional Zoning District denied was to allow a proposed retail store as per the site plan. Property Owner: Russell S. Lineberry. The Randolph County Planning Board met on October 5, 2021 to hear the request of Glandon Forest Equity LLC to rezone property 7795233740 to HC-CD (Highway Commercial-Conditional District). The zoning would have allowed the construction of a Dollar General store at that location. There was considerable public turnout in opposition to the request. Some of the issues addressed in the meeting were as follows: 1. The request would increase the already considerable traffic problems that exist at the intersection of NC HWY 22 and Old Liberty Road due to the school located across the street from the request location. 2. The request would increase crime near the school. 3. The request would hurt already existing local small businesses. 4. There was no need for the request within the community as there were several Dollar General stores that were just a short drive from the proposed location. After hearing testimony from the opposition, the Randolph County Planning Board voted unanimously to deny the request for rezoning. Commissioner McDowell asked if the property was owned by the company. Mr. Dale said it was owned by Russell Lineberry but he assumed the sale was contingent upon rezoning. George Venters, 3825 Barrett Dr., Raleigh, explained the proposed application. He intends to address some of the concerns of the neighboring property owners. He showed a map of all of the 11/15/21 Dollar General stores in the area. Each store generally serves those in a three to four-mile radius. Dollar General’s business plan is to have a trade area every few miles. There are enough existing customers in the Grays Chapel area to support an additional Dollar General store. He understands that the location of the school will cause traffic concerns in the morning and afternoon. The developer has consulted with the Department of Transportation (DOT) extensively regarding this issue. Mitigation includes widening the road and adding turning lanes. This would make the road safer and accommodate the additional traffic. Normal traffic will not be hindered during peak hours. Deliveries to the store will be scheduled around school hours. Construction will be scheduled during the summer and will work around any school events. The cost for the work on the road will be burdened completely by the developer. The developer has been working with Dollar General to build stores for fifteen years. In Pitt County, there was little opposition as it was felt that a store near a school would offer resources close by for students and teachers. This would present the store as an amenity for the school. The school in Grays Chapel is an elementary school, so the children are not driving or traveling by foot independently. There will not be a negative impact regarding safety to the students. The school and church are the focal points of the community. Over 200 stores have been built in 15 years by this developer, and the topic of crime has never come up to the extent it has with this store. There’s been no discernable differences in crimes between the shopping centers, Dollar Generals, and other stores this developer has built. It’s hard to say that a store creates crime; crime can be inherent in a community and many factors influence this. These stores are designed to serve the community. If crime is an issue, it is already inherently in the community. The developer has built in high crime areas; Grays Chapel does not even register with the crime index. One of the main concerns of the community is preserving the rural character of Grays Chapel. In the past, there have been similar concerns from neighbors. In Browns Summit, the neighbors didn’t have a problem with Dollar General, but rather the aesthetic of the typical Dollar General building. The developer sought ways to make the Dollar General blend into the community. They found a historical photograph of a general store, and emulated it in the creation of the building façade. Mr. Venters gave another example of a store in Hertford County. The store was designed not to stand out in a rural community using strategic lighting rather than the typical yellow sign lighting and parking lot light poles. This gives more of a rural feel. Mr. Venters described the land size and layout. Over 83% of the site is green, or open, area. There is a 55’ wide landscape buffer to the north. There will be professional landscaping at the front of the site. Because of this, he feels that the proposal is reasonable and in the public interest. Chairman Frye asked if the surrounding sites were built by the same developer. Mr. Venters said several of the surrounding sites were completed by the same developer. Dollar General does not franchise; all the stores are company-owned. Some may be occupied by tenants. 11/15/21 Vice-Chairman Allen noticed that the entrance to the property is directly across from the school. He asked if this would be an issue with traffic leaving the school. Mr. Venters said that the DOT asked that the entrance remain on the north side in order to allow for longer tapers for the turn lanes. Vice-Chairman Allen asked if the entrance could be located on Old Liberty Road. Mr. Venters said that the property next to the road had a different property owner. Commissioner Haywood said she’s spoken to residents in Tabernacle who are pleased with having a Dollar General in the community, particularly the school staff. Katelyn Robbins, 5419 NC Hwy. 22 N., Franklinville, is concerned about traffic and cleanliness. She read aloud two letters of opposition from residents in the community. She gave several photographs to the Board showing the interior conditions of a local Dollar General store. The photos show items that had fallen off the shelf and were pushed under shelving. Ms. Robbins lives next to the proposed site. She experiences chaotic traffic twice a day. There is a volunteer who directs traffic in front of Grays Chapel. It takes between ten and fifteen minutes to leave her driveway in the mornings. The bus parking lot has one entrance and exit. Adding traffic would put bus drivers and students at risk. Farmers also deal with traffic as they are moving from field to field with their equipment. Thomas Truitt, 5419 NC Hwy. 22 N., Franklinville, gave a petition opposing the application and list of local crime-related calls to the Board. He lives one property over from the site. There are many reasons residents signed the petition. 917 calls to Emergency Services were made from local Dollar Generals over a two-year span. Would dangerous situations force the school into lockdown? Grays Chapel does not have much crime and he would like for it to remain that way. He gave several photos to the Board showing that other Dollar Generals are short staffed and are adjusting their hours. Community members are responsible by proximity for keeping the area clean and safe. Chairman Frye asked if the names on the petition that are not county residents have property in the area. Mr. Truitt said a different petition that was previously sent to the Board was signed by local residents. Steve Tate, 3550 Jess Hadett Rd., Climax, gave the Board a map of local Dollar General locations. The idea of a “trade area” is an interesting term. Mr. Tate does not see a twenty-minute round trip as a negative situation. Residents live in rural areas for a reason. They do not want trade areas right in their backyard. The purpose of a Dollar General is to serve the community; however, the residents do not want or need a Dollar General. The residents enjoy traveling to a trade area, away from their rural way of life. Mr. Tate said that County Manager Hal Johnson, who was then County Planning Director, met with the Cedar Falls community in 2009. It was at this time the County was developing a unique Growth Management Plan with a goal of protecting existing rural neighborhoods from incompatible growth. This area of the Cedar Falls community supported the new County Growth Management Plan and the Cedar Falls area was placed in a Rural Growth Area designated for rural preservation. The map previously handed out shows ten family farms in the area with permanent conservation easements. The Dollar General would go directly in the center of this region. This store does not fit in with the rural community. There is no current trade area in Grays Chapel. Mr. Tate does not shop at Dollar General. He prefers to 11/15/21 shop locally to keep money in the community. He appreciates the design efforts that go into the rural Dollar General stores. However, the opposition is not concerned about the aesthetics; rather, neighbors want their rural way of life preserved. Dan Routh, 3694 Routh Rd., Franklinville, said his family has lived in Grays Chapel since the 1750s. He has many relatives in the area and is very familiar with the community. He has worked in marketing for years and enjoys living in Grays Chapel because it is a “commercial desert.” He doesn’t mind driving fifteen minutes to the store. Dollar General does not fit into this community. Becky Humble, 3191 Providence Church Road, Climax, said a store is needed in the area badly so that elderly people can have nearby resources. Parents need a place to have resources available for their children. Kathy Routh Shelton, 524 Edgewood Drive, Liberty, lives in the community and has driven agricultural equipment down the road. People have passed her dangerously several times over the years. There have been many times where she’s wished there was a place to stop for a drink. The intersection in the area can be difficult to navigate. It is a rural area, but the community needs to grow. There should be a store in the area for the convenience of elderly people. Youth need a place to work, as many do not want to do the hard work required by farms. Crystal Allen, 2553 Jimmy Scott Road, Climax, works near the site. She presented a petition signed by over 50 residents and others who work in the area who are in favor of a Dollar General store. There are many people in the community that would greatly appreciate the convenience. Anita Davis, 2493 Jimmy Scott Road, Climax, travels through the area every morning to take her daughter to school. The traffic going to her daughter’s school is horrible. A traffic light might be beneficial. She would appreciate turning lanes. Doris Scott, 2555 Jimmy Scott Road, Climax, said crime in the area does not come from a Dollar General. She’s experienced several break-ins, as have several members of her family. She would appreciate the convenience of a Dollar General in the community. Teresa Canoy, 6282 Old Siler City Road, Ramseur, is not from the community. She has catered Grays Chapels’ Lions Club several times a month. There were times that she forgot items and it would have been very convenient to have a Dollar General nearby. Basic supplies located in the community are important. She sympathizes with community members who oppose the application. There is a population that would benefit from have basic supplies closer to their homes. Shannon Beck, 3868 Hardin Ellison Road, Franklinville, works in the school system. She loves convenience and shops at Dollar General. Location is a big issue. If it was in a different location, it may not be as big of an issue. The store does not bring the crime, but it can attract crime. If there is an emergency call to the Dollar General, it would put Grays Chapel school, and potentially several others, on lockdown. This could make the children scared to come back to school. She doesn’t understand why the current Dollar General stores aren’t being improved rather than more being built. She has seen buffers in other areas that aren’t maintained and she is 11/15/21 concerned that the buffers on this site will not be maintained. She does not support a Dollar General being across from the school. Krystal Chaney, 5458 Old Liberty Road, Franklinville, said her family does not want the Dollar General. Her mother received a harassing phone call asking why she doesn’t want it in the area. Her house has been broken into four times in ten years. She doesn’t want a chance of more crime. There are many car crashes in the area. They don’t want to see an increase in traffic. Carol Campbell, 4548 Kidds Mill Road, Franklinville, said according to BusinessInsider.com, Dollar Generals are a hotspot for crime because they are understaffed and in underpopulated areas. There are eighteen buses that drive on that road. This is a dangerous road and the road expansion has been poorly planned. Cindy Loughlin, 3046 Bruce Pugh Road, Franklinville, said there is a preschool at the church close to the proposed site. The children have to walk through the parking lot to the playground. She is concerned that there will be increased traffic at the church. Derek Lee, 1386 Ridgewood Road, Franklinville, said he chose a rural location on purpose. He is not concerned about convenience. He visits stores that are eighteen minutes round trip from his house. Tim Holloway, 5491 NC Hwy 22 N., Franklinville, is against the Dollar General and he is confused about the listed distance of local Dollar Generals in the application. He has lived in the area for three years. He purposely moved to Grays Chapel to be further out in the country. The proposed turning lanes won’t help the traffic since the road is still only two lanes. The stores in Climax and Randleman are not that far away. He doesn’t understand why another Dollar General is needed. Jill Minnich, 5558 NC Hwy 22, Franklinville, said her husband is a law enforcement officer. There is an employee at a local Dollar General who is rumored to be involved with illegal substances and these are not the kinds of employees she wants her son to work with. Adding a turning lane to an already tight area will not alleviate traffic issues. Not having parking lot lights may improve the aesthetic, but this could lead to additional crime because it isn’t a well-lit area. The “patrons” of the community do not want a Dollar General. Bob Dietzen, 5777 NC Hwy 22 N., Climax, owns a small farm in the area. He believes that the proposal is more about whether or not change will be accepted. He enjoys seeing an agricultural caution sign in the area because it reinforces the feel of the rural community. He chose to move to a rural area. He appreciates the nature of living in the country. He doesn’t want to see his neighborhood change. He said that the proposal feels like a company telling the community what they need. He wonders why the neighborhood wasn’t questioned about their feelings regarding the proposal. Were the church pastor or school administrators consulted? At 7:37 p.m., Chairman Frye closed the public hearing after hearing no additional comments. 11/15/21 Chairman Frye said this is the first Dollar General store he knows of that has been contested in the county. Commissioner McDowell asked Mr. Dale to explain the technical aspects of this proposal. Mr. Dale said Dollar Generals tend to develop in smaller rural communities. There was not a business quite like this in the area. The DOT addressed the issues with congestion by the school and is satisfied. Planning and Zoning recommended approval to the Planning Board. Commissioner McDowell confirmed that the application met all requirements and Mr. Dale agreed. Commissioner McDowell said this is a difficult situation. There is a great community in Grays Chapel and it’s tough to see strife in the community on both sides of the proposal. Chairman Frye asked if there were any issues other than intrusion into the community. Mr. Dale said he believes that the decision was mostly based on community intrusion. Chairman Frye asked if the Planning Board was concerned about other Dollar Generals in the area. Mr. Dale said it was mentioned that there were other stores nearby. Commissioner Haywood said citizens that have transportation don’t know what it’s like not to have it. The school is a Title One school, which means some of those people may struggle with transportation. Commissioner Haywood has driven through the community several times to research the area prior to the hearing. This is a large struggle in meeting the needs of citizens. Dollar General has been a valuable community partner. They give a lot of money to literacy development. She values the opportunity for children to learn to read. They work with adult literacy programs as well. In some communities they’ve entered, they’ve given money to local schools to support literacy programs. In Grays Chapel, it’s obvious that there’s been an intentional effort to retain the rural feel. Many do not like change. There’s something to be said for honoring the effort to maintain the rural feel. Vice-Chairman Allen said he is familiar with Browns Summit and works nearby. Comparing Browns Summit and Grays Chapel is like comparing apples to oranges. There are many businesses in Browns Summit, most near the Dollar General. This is not a good comparison. The proximity to the school could create some traffic issues. The rural nature of the area is important. He respects the decisions made by the Planning Board. On motion of Allen, seconded by Haywood, the Board voted 5-0 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. Adjournment At 7:50 p.m. on motion of Allen, seconded by McDowell, the Board voted unanimously to adjourn. 11/15/21 _______________________________ ________________________________ Darrell Frye, Chairman David Allen ________________________________ _________________________________ Kenny Kidd Maxton McDowell ________________________________ _________________________________ Hope Haywood Sarah Pack, Deputy Clerk to the Board 11/15/21