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Planning Board Minutes March 8, 2022 Page 1 of 14
RANDOLPH COUNTY PLANNING BOARD
MINUTES
MARCH 8, 2022
The Randolph County Planning Board held its monthly public hearing on March 8, 2022, at
the 1909 Historic Courthouse, 145-C Worth St, Asheboro, NC.
Vice-Chair Wayne Joyce called the meeting to order at 6:30 p.m. and welcomed those in
attendance.
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;
Reggie Beeson, present;
Barry Bunting, Alternate, present;
Brandon Hedrick, 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 March 8, 2022, Planning Board meeting.
Approval of the minutes from the February 8, 2021, Planning Board meeting.
Slusher made the motion to approve the consent agenda as presented, and Cable 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.
Dale presented the first case of the night with site plans and pictures of the site.
SPECIAL USE PERMIT REQUEST #2022-00000324
UWHARRIE GREEN SCHOOL, INC, Asheboro, NC, has requested to amend an
existing Special Use Permit at 5154 US Hwy 220 Bus S, Cedar Grove Township,
Tax ID #7658355370, 40.01 acres, RA - Residential Agricultural District. It is the
desire of the applicant to obtain a Special Use Permit to specifically allow a new
high school next to the existing middle school as per the site plan.
Planning Board Minutes March 8, 2022 Page 2 of 14
The Vice-Chair administered the oath to all witnesses speaking for and against this
Special Use Permit Request.
Keith Downing, 400 Regency Forest Dr., Cary, NC, Landscape Architect for the project, said
they have been designing the project for the past eight months or so with all the environmental
jurisdictions from the State delineated, reviewed, and approved. In addition, he said there have
been traffic impact studies completed and obtained requirements for both soil erosion and
from Seagrove Metropolitan Water District.
Davis said there has been a lot going on for the school in the past few years and asked what
the school currently has in place.
Sharon Castelli, Hwy 220 Bus S, Asheboro, superintendent of Uwharrie Charter Academy,
told the Board that the school is currently renting a facility for the elementary students off-
campus. She said the goal is to move the high school students into the new proposed facility
and move the elementary students into the existing high school so that all students will be on
the same campus.
The Chair asked if anyone else wanted to speak in favor of the request. Hearing none, the
Chair asked if anyone would like to speak in opposition to the request.
Eddie Lambert, 2362 Cole Mtn Rd., Asheboro, told the Board he is not against the request
but has concerns about additional water problems from the site. He said he attended the
original re-zoning hearing in 2005, where he expressed his concerns about water run-off and
was told his concerns would be addressed during the permitting process. He said that during
construction, a retention pond was built, preventing issues. However, he said the school later
constructed a soccer field on the property, absorbing a portion of the retention ponds, which
has now caused significant problems.
Lambert said he met with Heather Soja, previous superintendent for Uwharrie Charter, during
the construction of the middle school regarding the water issues. She told him that the school’s
contractor would contact him, and then he heard nothing else from anyone. He said he feels
there will be an even bigger water issue if additional construction is allowed on the property.
Davis asked Lambert to explain the problems he is currently having with the water.
Lambert said he has two creeks running through his property, collecting the school property
run-off. Davis asked if the problems were coming from creek swells. Lambert answered yes.
Davis asked Lambert how long he has owned his property and if he had any issues before
the construction of the school. Lambert said he has lived on the property since 1980 and
would only have significant problems if there was tremendous rainfall.
Lambert asked if the Board or the contractors would be willing to review the site plan and
require a retention pond to absorb water from the school property. He repeated that he is not
against the request because the school has been a good choice. He would like them to be
“neighborly” and fix the water issues. Vaughan said she feels he has substantial issues to be
addressed.
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Cable asked if the water issues were his only concerns with the request. Lambert said that
he came to the re-zoning request in 2005, expressed these same concerns, and was assured
someone would investigate the situation.
Cable asked if he had talked with anyone at the school about the problem. Lambert said he
had not spoken with anyone after meeting Heather Soja, who was supposed to arrange a
meeting between him and the contractor, which did not happen.
Davis asked if soil and water problems were a factor in the Board’s decision. Dale said the
State division needs to be contacted if there are water problems. Next, Davis asked Lambert
if he had talked with anyone with Soil and Water. Lambert said he had spoken with someone
from the Department of Environmental Natural Resources (DENR), which suggested he try
and work things out with the school. Beeson said that was not the correct answer from DENR.
He also said there is more than one issue, and someone needs to find out why the existing
retention pond is no longer effective and ensure that upgrades or new retention ponds will be
implemented to handle the new construction.
The Chair asked if there was anyone else that would like to speak in opposition to the request.
Hearing none, the Chair asked if anyone from the school would want to address the questions
that have been brought before the Board.
Steve Miller, CLH Design, Cary, NC, said he is unsure about which site Mr. Lambert is
referring to, but he would be happy to investigate it and address the concerns.
Morgan asked Miller to explain what was going on with the existing retention pond on the
property. Miller said he was unsure because the retention pond is located on the southern
side, and they have only been working with the new school proposal on the north side. He
said it could have been a sediment basin for construction purposes.
Morgan asked Miller if he could tell the Board anything about the possible water run-off from
the proposed site. Miller said there are no existing regulations required for the construction of
the new school, but they are required to discharge the water in a non-erosive fashion, free of
sediment, and have plans to do so.
Cable asked if there would be a reason to investigate having a retention pond after hearing
the concerns. Miller said they could investigate it a little further, he doesn’t know how much
effect this site would have on Mr. Lambert’s property, and this was the first time he had heard
anything about a water problem. He said there are often the systems are designed for a 10-
year storm and can’t control everything. He also said more intense storms are happening now,
as people have probably noticed.
Slusher said the Board is put into a bad situation when there were promises made that were
not delivered and now asked to approve something that could make the situation worse.
Castelli said the previous superintendent who spoke to Mr. Lambert is no longer a school
employee. She said she was the new superintendent and had no knowledge of the problem
and conversations with Mr. Lambert. Slusher emphasized how the uncertainty of additional
problems would affect Mr. Lambert and said he did not feel comfortable making decisions that
Planning Board Minutes March 8, 2022 Page 4 of 14
would worsen an existing situation. Cable agreed with Slusher. He said he thinks it’s great to
see the school grow but doesn’t want to move forward without a resolution to the existing
problems. Vaughan expressed concerns about additional run-off and said she would like to
see water contained on the property if possible.
Cable said he would like the decision to be tabled until further discussion and possible
resolution between the two parties. He said there could be additional growth for the school,
and the problems should be dealt with now.
Davis asked about the proposed timeline for this school project. Castelli said they had
planned to break ground in April and have the school completed and ready for the new school
year in August.
Slusher said the Board wants “good neighbors.” Castelli agreed and apologized for the past
leadership not following through with agreements made.
Cable asked Morgan if it would be possible to delay the decision from the Board by allowing
the two parties a chance to discuss the issues and work out an agreement before the Board
makes their vote. Morgan said if the two parties would like to discuss the problems and Mr.
Lambert assures the Board he is comfortable with the school’s plan for the Board to feel more
comfortable making decisions, they can certainly do that.
Morgan asked Miller to educate the Board on what type of permits are required with the State
regarding the erosion control measures and what agency oversees the problems described.
Although Miller said the Division of Environmental Quality is the agency that has issued a
permit for the temporary grading of the site, it does not address peak water run-off. In addition,
he said that portion of the County does not have requirements for stormwater retention. Dale
said the County acts as the eyes and ears for the State, and when contacted, the information
is forwarded to the State agency to handle.
Joyce announced a recess of the consideration for this case to allow for discussion between
Mr. Lambert and the parties representing the school’s request.
Dale presented the second case on the agenda.
REZONING REQUEST #2022-00000262
TERRY ALAN CROMER, Trinity, NC, has requested to rezone 32.37 acres at
2652 Old Mountain Rd, Trinity Township, Lake Reese Balance Watershed, Tax ID
#6795439993 and 6795444389, Secondary Growth Area, from RA - Residential
Agricultural District to CVOE-CD - Conventional Subdivision Overlay Exclusive -
Conditional District The proposed Conditional Zoning District would specifically
allow a 15-lot site-built subdivision as per the site plan.
H.R. Gallimore, 231 S. Fayetteville St., Asheboro, Real Estate Broker representing the
applicant, explained Cromer’s plans to build a 15-lot subdivision, retaining a 10-acre tract for
his home. He described the cemetery on the right-hand side of the site plan and said Mr.
Cromer will provide an easement for full access to the cemetery. He said North Carolina
Department of Transportation (NCDOT) requires all proper permitting for construction of the
Planning Board Minutes March 8, 2022 Page 5 of 14
new road and will require all minimum site clearances to be met for new driveway access.
Cable asked how many driveways would connect to Old Mountain Rd. Gallimore said there
would be a road constructed for the subdivision, and it would be the only access to Old
Mountain Rd. In addition, he said United States Postal Service requires all mailboxes to be
centrally located within the subdivision.
Cable asked if there would be permanent access to the cemetery. Gallimore answered yes.
The Chair asked if anyone else wanted to speak in favor of the request. Hearing none, the
Chair asked if anyone would like to speak in opposition to the request.
Jennifer Perez, 203-B Wyrick St., Gibsonville, NC, said she and her husband own property
adjacent to the request and are currently in the process of obtaining permits to build on their
property. She said they have concerns about privacy and water run-off from the development
and would like to see some buffer requirements for the subdivision. Joyce said there are no
buffer requirements for residential development, and it would be up to the developer. Perez
said she would like to ask the developer if he would be willing to do so.
Cable asked Perez how much property she owns. Perez told him the property is 1.1 acres.
Davis asked if her property was adjacent to the stream. Perez answered no. She said she is
adjacent to lot #15 of the proposal, approximately five hundred feet of the shared property line.
Beeson said it looks like she will only share property lines with one lot. Perez said that appears
to be correct.
Hedrick said he thought he understood Mr. Gallimore to have said that he intended to leave
a 35 ft. no-cut buffer from the public road access.
Joyce asked Mr. Gallimore to come forward and address the questions.
Gallimore said he would like to apologize for a previous incorrect statement that all driveway
access would enter off the new subdivision road. Instead, he said there would be one lot that
would access Old Mountain Rd.
Gallimore said, according to the surveyor, that Ms. Perez’s property is upstream from the
creek, and it should not affect her property, according to the surveyor. Slusher asked if Lot
#15 was the one lot that would access Old Mountain Rd. Gallimore answered yes.
Joyce asked Gallimore about the buffer that Perez was requesting. Gallimore said the
developer typically disrupts as little property as necessary for improvements, and these lots
have public water available, leaving even more area with natural buffering. He said he did not
like to make guarantees, but it usually is more economical to leave as much natural buffer as
possible.
Hedrick asked if the septic area and repair areas have already been approved and maintained
on individual lots. Gallimore said the developer has already had the initial testing done by a
private soil scientist to ensure the proposal will work.
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Davis said he was glad to finally see a proposed development have its access road to the
development and mailboxes not out on the public highway. Hedrick said the development
has natural open space, a clustering concept that is encouraged by the Growth Management
Plan, and there are other developments in the area. Gallimore said the developer plans to
live on the 10-acre tract near the cul-de-sac and have dynamic restrictive covenants.
Having no additional questions for Mr. Gallimore, the Chair closed the public hearing for
discussion and a decision by the Planning Board members.
Cable said he thinks this proposal is well laid out and all access is off a new proposed road
except for one lot. He stated that Ms. Perez’s water concerns and buffering have been
addressed, and it is what the Board has been waiting on.
Slusher agreed with Cable. He said it is one of the better designs the Board has seen with
only one opposition, and her concerns have been addressed.
Slusher made the motion to approve the rezoning request to re-zone the specified parcel(s)
on the re-zoning 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 re-zoning 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. Cable made a
second to the motion to approve the rezoning request with a required easement to the
cemetery.
The Chair, having a proper motion, including the requirement of a permanent easement to the
existing cemetery, and a second, called the question on the approval of the rezoning request
to re-zone the specified parcel(s) on the re-zoning 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 re-
zoning 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 re-zone the property.
Dale presented the third case on the agenda with site plans and pictures of the site.
REZONING REQUEST #2022-00000264
LARRY W MCKENZIE, Asheboro, NC, has requested to rezone 15.98 acres at
1382 Grantville Ln, Grant Township, Tax ID #7790494009, Secondary Growth Area,
from RA - Residential Agricultural District to CVOE-CD - Conventional Subdivision
Overlay Exclusive - Conditional District The proposed Conditional Zoning District
would specifically allow a 6-lot site-built subdivision as per the site plan.
H.R. Gallimore, 231 S. Fayetteville St., Asheboro, NC, a real estate broker representing Larry
McKenzie, said several citizens were attending the Neighborhood Information Meeting,
relieved that Mr. McKenzie’s proposal was for stick-built homes. He said McKenzie’s
Planning Board Minutes March 8, 2022 Page 7 of 14
proposal would have two new driveways on Grantville Ln and three driveways off Jennifer
View Dr., with tract six using existing driveways. Joyce asked if all the lots would have
turnarounds. Gallimore answered yes.
The Chair asked if anyone else wanted to speak in favor of the request. Hearing none, the
Chair asked if anyone would like to speak in opposition to the request.
Faye Cox, 1211 Grantville Ln., Asheboro, NC, told the Board she has lived in her home for
fifty years where she used to feel like she lived in the country, and now it feels more like living
in town. She said there are 252 homes from her house to NC Hwy 42, less than two miles
away, and it is already a traffic nuisance.
Cox expressed concerns about potentially causing dry wells by allowing additional housing.
She said they have already had to drill other wells for their farm where they must have water.
Cox said she thinks anyone should be able to do what they want with their land, but their
community needs a break.
Joyce asked Gallimore if he would like to address the questions and concerns expressed by
Ms. Cox. Gallimore said Larry McKenzie, the developer, has spoken to Mickey Pate with
NCDOT, and having the driveway for the existing lot access Jennifer View Dr rather than
Grantville Ln was the only recommendation from NCDOT.
Hedrick asked if there were utilities on the property. Gallimore answered no, although Scott
Cole had completed the soil work for the property. Hedrick asked if the Board had a copy of
that information. Dale answered no. He said the soil work usually is not done until after the
zoning approval due to the expense to the developer and the uncertainty of having Board
approval.
Cable asked for the total acreage involved in the request. Gallimore said the original tract
was a little over fifteen acres.
Having no additional questions, the Chair closed the public hearing for discussion and a
decision by the Planning Board members.
Davis said the developer has tried to lessen traffic on Grantville Ln. by using Jennifer View
Dr., which is less traveled, for lot three. He said he understands Ms. Cox’s concerns regarding
development in the country, but there are several dwellings already in the area, and he doesn’t
feel these proposed lots will make much of an impact. Hedrick said he had also spoken to
NCDOT before the meeting, and they didn’t seem to have concerns about this development.
He asked about the requirements for septic approval before final plat approval. Dale said that
if the lots won’t perk, the developer has to re-configure lots accordingly.
Cable agreed with Davis regarding the access to Jennifer View Dr for lot three. He said it was
good strategic planning to move access to a less traveled road. He also said it is up to the
developer to make sure that the lots perk, and if for some reason they don’t, the lots will be
combined and become larger lots. He said this request seems smaller than other
developments already in the area and would fit into the Growth Management Plan.
Davis said if there were no more discussion, he would like to make a motion.
Planning Board Minutes March 8, 2022 Page 8 of 14
Davis made the motion to approve the rezoning request to re-zone the specified parcel(s) on
the re-zoning 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 re-zoning 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.
The Chair, having a proper motion and second, called the question on the approval of the
rezoning request to re-zone the specified parcel(s) on the re-zoning 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 re-zoning 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 re-zone the
property.
The Chair announced that the Board would resume the hearing for Uwharrie Green
School, Inc.
SPECIAL USE PERMIT REQUEST #2022-00000324
UWHARRIE GREEN SCHOOL, INC, Asheboro, NC, has requested to amend an
existing Special Use Permit at 5154 US Hwy 220 Bus S, Cedar Grove Township,
Tax ID #7658355370, 40.01 acres, RA - Residential Agricultural District It is the
desire of the applicant to obtain a Special Use Permit to specifically allow a new
high school next to the existing middle school as per the site plan.
Castelli thanked the Board for the opportunity to meet with Mr. Lambert to discuss and
resolve some of the water issues and said it seems the west side of the property, where the
new school will be located, will not infringe on Mr. Lambert’s property. She said she had
ensured Mr. Lambert that the school would work with the builder to provide a solution to the
existing water problems.
Lambert said he agrees with the plans that have been discussed with the school.
The Chair closed the public hearing for discussion and a decision by the Planning Board
members.
Cable thanked the Chair and the other Board members for allowing the discussions between
the parties involved with the school due to time sensitivity.
Barry Bunting announced that he has a conflict because his wife is a teacher at Uwharrie
Charter, making a motion to recuse himself from the case. Slusher seconded the motion to
recuse Bunting. The vote was unanimous.
Planning Board Minutes March 8, 2022 Page 9 of 14
Cable 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.
Slusher 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 fourth case on the agenda with site plans and pictures of the site.
REZONING REQUEST #2022-00000310
HARDIN II, LLC, Liberty, NC, is requesting to amend the Conditional District
Permit on 16.70 acres at 2604 Old 421 Rd, Columbia Township, Rocky River
Balance Watershed, Tax ID #8735602322, Primary Growth Area, from HC-CD -
Highway Commercial - Conditional District to HC-CD - Highway Commercial -
Conditional District The proposed Conditional Zoning District would specifically
amend the existing Conditional District Permit to allow two additional mini-
warehouse storage buildings as per the site plan.
The Chair asked if anyone was present to speak in favor of the request. Hearing none, the
Chair asked if anyone would like to speak in opposition to the request.
Joseph Turner, 2566 Old Hwy 421 N., Staley, NC, said he has lived beside the property for
over 50 years and never had a problem with water run-off until Mr. Hardin cut the timber off
his property and built the existing storage buildings. He said every time there is a hard rain,
his front yard fills up with red clay.
Turner said he had contacted someone from Raleigh that came down to evaluate the
problems and required Hardin to install sediment ponds. He said the ponds have helped with
the situation but will still flood his front yard after heavy rain, washing all his gravel from his
driveway. He said he has even had to haul in the dirt because of the erosion problems.
Turner told the Board that Hardin has already cleared out a new area for the two proposed
buildings, and he doesn’t know how much more that will affect his property because there has
not been heavy rain since the property had been cleared.
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Joyce asked Turner if he had contacted the State. Turner said he has not spoken to anyone
recently.
Joyce said he feels Turner has a legitimate concern and, having no one present to speak on
behalf of the request, he asked the Board to “table” the request.
Cable made a motion to table the request until the following month. Vaughan seconded the
motion. The motion to table the request until the following month was unanimously approved.
Dale presented the last case of the night along with site plans and pictures of the site.
REZONING REQUEST #2022-00000312
DAVID BRIAN MOODY, Asheboro, NC, has requested to rezone 3.94 acres at
6995 US Hwy 220 S, Richland Township, Tax ID #7666422421 and 7666426428,
Primary Growth Area, from LI - Light Industrial District to HI-CD - Heavy Industrial
- Conditional District The proposed Conditional Zoning District would specifically
allow the operation of a power screen to crush concrete and asphalt as per the site
plan.
The Chair asked if anyone was present to speak in favor of the request.
Jack Lail, 2548 High Meadow Dr., Asheboro, NC, said he is in favor of the request because
the community needs to recycle construction debris. Having been Moody’s neighbor for many
years, he said he knows Moody keeps his property and equipment clean. He also told the
Board that Moody's property has no significant noise.
Davis asked Lail if he owned all the property around the requested site. Lail answered no.
Bunting asked Lail if Moody currently occupies the property. Lail said Moody has been at
the location for about ten years and has just recently added the new service of crushing
concrete and asphalt, making it into a functional product. Vaughan asked if there were
residents around the site. Lail said there are homes in the area but not close to this site.
Dale informed the Board that Code Enforcement had received complaints about the noise and
when investigated, found that the noise surprisingly traveled to one of the residents who made
the complaint.
Brian Moody, 2657 Mountain Laurel Ln., Asheboro, NC, said he is the owner of the machine
that crushes asphalt and concrete used for driveways, etc., and is available to answer any
questions.
Joyce asked for his hours of operation. Moody said this machine is not run but a few days a
month. Cable asked how late he runs the machine and if it operates on Saturday and Sunday.
Moody said the machine usually does not run past 5 p.m. and not on Saturdays and Sundays.
He said he had put only 100 hours on the machine in the past year.
Moody told the Board that Code Enforcement came to the site to investigate the noise
Planning Board Minutes March 8, 2022 Page 11 of 14
complaint and could confirm that the machine was not loud. He also said he would be willing
to install fencing or a sound barrier to help with noise if needed.
The Chair asked if anyone else wanted to speak in favor of the request. Hearing none, the
Chair asked if anyone would like to speak in opposition to the request.
Tanya Ward, 7773 Old NC Hwy 13, Asheboro, NC, said she and her husband Michael moved
to their property in 2001 because it is in the country where they would have peace and quiet.
She said the stress from the noise affects her autoimmune disease, which affects her sleep
and causes additional issues.
Ward said if the request is approved, she has concerns that even more than the one machine
will run in the future and, if so, who will regulate it. She said she had to contact Code
Enforcement a couple of times with noise complaints, and after investigation, they found the
noise extremely loud. She then played a recording for the Board demonstrating what is heard
at her residence when the machine is running.
Ward said Seagrove is mainly residential and agricultural, and heavy industrial should not be
allowed near them. She said she spoke to several of the residents on Oakview, which are also
against the request but afraid to get involved. In addition, she submitted letters from a couple
of the residents in opposition to the request (Exhibits 1A and 1B).
Cable asked if foliage acts as a buffer at the right time of the year. Ward answered no. She
said it sounds the same, regardless of the time of year, and everyone on Hwy 13 can hear it.
Slusher asked where her home was in relation to the requested site. Ward said her house is
located to the north of the site.
Donna Bennett, 7773 Old NC Hwy 13, Asheboro, NC, said she currently lives with Tanya
and Mike Bennett. She said the noise is so loud that you can’t enjoy peaceful walks or even
sit outside and swing peacefully. She said that when she traveled out of state to visit family,
she called home to check on her sister and heard those machines running in the background.
Bennett told the Board she has anxiety issues, and because of the noise, she will no longer
be able to continue to live with her sister and brother-in-law if the request is approved.
Kyle Gabby, 7775 Old NC Hwy 13, Asheboro, NC, said he lives north of Ward’s property and
purchased his property because it was peaceful and quiet and not located next to an industrial
site. He said he works at night and tries to sleep during the day, and if this request is approved,
it will disturb his way of life. He asked the Board to deny the request, and if it is approved, he
asked them to require a sound barrier for the property.
Curtis King, 7628 Old NC Hwy 13, Asheboro, NC, said he lives north of those who have
already spoken. He said it is extremely loud when the machines are running and buffers are
needed.
Davis asked Mr. King how far he lives from the site and how loud is the noise. King said he
probably lives three-quarters of a mile away, “as the birds fly,” and the machines are so loud
when they are running, he thought it was something on his brothers’ property next door when
he first heard it.
Planning Board Minutes March 8, 2022 Page 12 of 14
With no one else to speak in opposition, Joyce asked Moody to come forward and address
the noise concerns. Moody said he isn’t sure why the noise travels so loudly to the neighboring
properties. He said there is one machine that crushes the material, one feeding the material,
and there would be more than one set of machines because it is used only to recycle
byproducts, not a full-time business. He explained that the type of full-time business would
have to be located somewhere like Greensboro or Burlington, where there is more volume.
Moody told the Board he was willing to install a buffer or sound barrier if it would improve the
situation.
Cable asked Moody if crushing the material is just a side business. Moody answered yes.
He said it is a way of dealing with the scraps of asphalt and concrete from his work, and rather
than finding a place to dispose of it all, he can recycle it for another use.
Vaughan asked how much space is required to run the unit. Moody said the machine is
approximately thirty feet long, eight feet wide, and ten feet tall. Vaughan asked if there is a
possibility of installing solid soundproof panels around the area. She said she wasn’t sure a
“living” buffer would work for this noise issue. Moody said he could look into options for sound
barriers.
Cable asked Moody if he had tried to re-position the machines on other areas of the property.
Moody answered no and said he could try.
Davis discussed the possibility of installing concrete block barriers to help with the sound.
Moody said he would not be opposed to trying that. Beeson said the process will be loud and
feels the neighbors have a legitimate argument. He said they couldn’t control the area's
topography, so a buffer should be required in this situation.
Slusher asked if a citation was given by code enforcement for using the machine. Moody said
he received a certified letter from Code Enforcement for a noise complaint which prompted
him to call about the problem. However, before receiving the notice, he had not been contacted
by any of his neighbors about the noise. He also said he only has a small amount of material
left on the property and would like to get rid of the rest of it. Slusher asked if he was still
running the machine or if he had stopped. Moody said he thought it had been at least a month
since running the machine. He also said he didn’t mean to bother anyone and didn’t realize
there was a problem until he received the certified letter.
Beeson said the zoning that he currently has on the property does not warrant the operation
and feels a sound barrier should be required before the Board moves forward.
There was a discussion between Board members regarding the machines, the possibility of
moving their location on the property, installing sound barriers, or whatever it may take to
prevent the noise from traveling toward neighbors.
Dale said that while visiting Moody, the machine did not seem loud, conversations took place
without raising their voices, and at Ms. Ward’s home, the machine sounded as if it was next
door. He said he was amazed at how the sound traveled. Moody said he did not understand
why the noise traveled that way but is willing to move the machine if that would help.
Planning Board Minutes March 8, 2022 Page 13 of 14
Hedrick asked if the Board could regulate hours of operation. Dale said hours of operation
could be proposed, agreed upon, and become part of his conditional zoning if the Board
chooses.
Hedrick asked if changing the zoning to Heavy Industrial would set precedence for other
properties. Morgan said every zoning sets precedence for other zonings.
Slusher said he is having a hard time looking at the request in a positive light. He said the
zoning is currently Light Industrial, and to change the zoning to Heavy Industrial would create
a nuisance to the neighbors. He said Moody has expressed his willingness to adjust help with
the situation and suggested Moody adjust and bring his request back before the Board.
Davis asked Moody how much material is remaining on his property to process. Moody said
he would estimate it to take four or five hours to clear the on-site material.
Cable said locating the machine closer to the road in front of the building may eliminate some
noise, using the building as a buffer. He also said he agrees with Slusher that they like to see
opportunities exist for businesses while protecting the rights of other citizens.
Slusher made the motion to deny the rezoning request to re-zone 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 re-zoning 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 deny the rezoning request.
Joyce called the question on the motion to deny the rezoning request, and the motion was
adopted unanimously.
Having no further business, Cable 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 8:31 pm, with 29 citizens in attendance.
RANDOLPH COUNTY
NORTH CAROLINA
________________________
Planning Director
Planning Board Minutes March 8, 2022 Page 14 of 14
_________________________ _______________________________
Clerk to the Board Date
Approved by Randolph County Planning Board
April 5, 2022