06JunePBPlanning Board Minutes June 14, 2022 Page 1 of 14
RANDOLPH COUNTY PLANNING BOARD
MINUTES June 14, 2022
There was a meeting of the Randolph County Planning Board on Tuesday, June 14, 2022, at 6:30 p.m. in the 1909 Historic Courthouse Meeting Room, 145-C Worth St, Asheboro, NC.
Chairman Pell called the meeting to order at 6:30 p.m. and welcomed those in attendance. Next, Pell called for a roll call of the members.
Jay Dale, Randolph County Planning and Zoning Director, called the roll of the members.
• Reid Pell, Chairman, present;
• Wayne Joyce, Vice Chairman, present;
• John Cable, present;
• Kemp Davis, absent;
• Melinda Vaughan, present;
• Reggie Beeson, present;
• Barry Bunting, Alternate, present, taking the place of Kemp Davis; and
• Brandon Hedrick, Alternate, present, taking the place of the vacant seat.
County Attorney, Ben Morgan, was not present for the meeting. Randolph County Associate Attorney Aimee Scotton was present for the meeting.
Dale informed the Chairman there was a quorum of the members present for the meeting.
Pell called for a motion to approve the consent agenda as presented. Consent Agenda:
• Approval of minutes from May 3, 2022, Planning Board meeting and Zoning Board of Adjustment meetings.
• Approval of the agenda for the June 14, 2022, Planning Board meeting. Joyce made the motion to approve the consent agenda as presented, with Cable making the second to the motion. The motion was adopted unanimously. Pell asked the Board members if there are any conflicts in the following cases. Hearing none, Dale stated that the old business cases for Koger and Lineberry from the May 3, 2022, meeting have been withdrawn. Dale stated that the Koger case was
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withdrawn after the May Planning Board meeting and the Lineberry request was withdrawn the afternoon of tonight’s Planning Board meeting. Dale apologized to anyone
present that was in attendance for either of the cases.
Dale presented the first case of the night, along with the site plans, and pictures of the site and surrounding properties.
SPECIAL USE PERMIT REQUEST #2022-00001375
The Randolph County Planning Board will hold a Quasi-judicial Hearing on the request by MARK POWERS, Denton, NC, and his request to amend an existing Special Use Permit at 5989 Brantley Gordon Rd, Concord
Township, Tax ID #6698675536, 3.96 acres, RA - Residential Agricultural
District. It is the desire of the applicant to amend an existing Special Use Permit to specifically allow an automotive repair shop in an existing building as per the site plan.
Pell opened the public hearing and stated that anyone wanting to give testimony on this
Special Use Permit request would need to come and take the following oath. “Do you swear, or affirm, that the evidence you shall give to the Board in
this action shall be the truth, the whole truth, and nothing but the truth, so
help you God.”
One person came forward and took the oath. Mark Powers, 5989 Brantley Gordon Rd, took the oath regarding his request. Powers
stated that he has started having health issues since 2014 and is now semi-retired but
wants to continue to do auto repair if he can. Powers stated that he has been doing this work for 37 years and, due to his health, would like to be closer to home. Pell asked if there was anyone else in favor of the Special Use Permit Request that
wanted to address the Planning Board. Hearing none, Pell asked if there was anyone in
opposition to the Special Use Permit Request that wanted to address the Planning Board. Hearing no one, Pell closed the public hearing for discussion and a decision by the Planning Board.
Vaughan stated that business this in her area of the County. Vaughan stated that she has received many compliments from Powers clients and that he runs an efficient business and that based on the site plan the development should not upset anyone since
the building is behind Powers' house. Vaughan also stated that Powers' neighbors are
also family members and did not think that Powers would do anything to impact his family members. Vaughan made the motion to APPROVE the Special Use Permit request on the specified
parcel(s) on the Special Use Permit application, based upon the sworn witness testimony
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that is included in the minutes, as well as the site plan(s) with any and 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. Bunting made the second to the motion.
Pell called the question on the motion to approve the Special Use Permit request and the motion was adopted unanimously. Dale presented the next case of the night along with site plans and pictures of the site
and surrounding properties.
REZONING REQUEST 2022-00001378
The Randolph County Planning Board will hold a Legislative Hearing on the request by ANITA BOBO, Asheboro, NC, and her request to rezone 0.92 acres at 180 Sawyersville Rd, Back Creek Township, James Bobo and Karen Gibson Subdivision, lot five, Tax ID #7721960380, Secondary
Growth Area, from RR - Residential Restricted to HC-CD - Highway
Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a beauty shop as per the site plan. Pell opened the public hearing and asked for anyone in favor of the request to come
forward and address the Planning Board. Anita Bobo, property owner and the owner of Nita’s Boutique at 514 E Dorsett Ave, Asheboro, stated that her business has been at the same location for 45 years. Bobo related to the Board that she wanted to purchase a salon upon graduation from beauty
school and she started renting a space then grew into a larger business and she was able to purchase the building where her shop is currently located. The property owners have died, and the heirs notified her in February 2022, that the existing shop would have to move from the property. Bobo stated that the existing shop is 1,000 sq. ft. and has two chairs and most of the sites she looked at were around 600 to 800 sq. ft. and the rent
would be over $1,000.00 per month and she continued to look in the City of Asheboro for a location but could not find anything. Bobo said she remembered her late husband’s property and how he wanted her to move to this location at some point and now would be a good time to move to the property that show owns. Bobo stated that she wants to move
her shop to this land to help customers and keep the prices low for her customers and
return something to the community. Heather Joyce, 214 Sawyersville Rd, rose to address the Board. H. Joyce states that she is the daughter of Bobo and it is a large open lot. H. Joyce said that several people
had asked why she and her mother would want the beauty shop at this location. H. Joyce
stated that many customers get off work between 7:00 pm and 8:00 pm and many of the
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locations that they have looked at are not handicapped accessible and it is important to Bobo for customers with wheelchairs or other special needs to be able to access the
beauty shop and if it is closer to home it allows her to keep an eye on her mother and the
beauty shop. H. Joyce said that the neighbors are welcoming, and they have heard nothing negative from the community and the local church Board is also backing Bobo in her request. H. Joyce said that she is in favor of the request even though she will be able to see the beauty shop and all the traffic.
Richard Cooper, II, rose to address the Planning Board and stated that he is the renter of the mobile home at 180 Sawyersville Rd and he wants to see the beauty shop move to this location and he sees no problem with the request.
Pell asked if there was anyone else in favor of the Rezoning Request that wanted to
address the Planning Board. Hearing none, Pell asked if there was anyone in opposition to the Rezoning Request that wanted to address the Planning Board. Hearing no one, Pell closed the public hearing for discussion and a decision by the
Planning Board.
Cable said that is hard to go against the church especially since they are supporting this request. Pell and W. Joyce said that both of their mothers had gone to Nita’s Boutique. W. Joyce stated that this business would be a low impact and a good business for this
area. Cable stated that he likes the fact that she cannot be kicked off her land and this is
another success story for a Randolph County citizen having a business needing to move to a different location to allow the business to continue. Vaughan said that this request is a “win-win” for this side of the County. The Planning
Board earlier approved an automotive repair shop close to this location and moving the
existing beauty shop to this location, the property owner cannot go wrong. Bunting stated that he is aware of this family and knew Bobo’s husband and that Bobo has run a good business for a long time.
Bunting made the motion to APPROVE the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning
presentation and as may be amended, incorporated into the motion, to be included in the
minutes, as well as the site plan(s) with all agreed-upon revisions, also incorporated into the motion and that the request is consistent with the Randolph County Growth
Management Plan. Joyce made a second to the motion to approve the rezoning request described with conditions.
Pell called the question on the motion to approve the rezoning request, and the motion was adopted unanimously.
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Dale presented the next case of the night along with site plans and pictures of the site and surrounding properties.
REZONING REQUEST #2020-00001389
The Randolph County Planning Board will hold a Legislative Hearing on the request by DAVIS INVESTMENT PROPERTIES, LLC, Randleman, NC, and their request to rezone 3.61 acres at US 220 Bus N, Level Cross
Township, Hazel B Hayes Subdivision lot number three, Randleman Lake Protected Area Watershed, Tax ID #7757779761, Primary Growth Area, from RA - Residential Agricultural District to CVOM-CD - Conventional Subdivision Overlay Mixed - Conditional District. The proposed Conditional
Zoning District would specifically allow the creation of three new lots as per
the site plan. Pell opened the public hearing and asked for anyone in favor of the request to come forward and address the Planning Board.
Eric Davis, President of Davis Investment Properties, LLC, rose to address the Planning Board. Davis said that this parcel used to be part of a bigger track that was divided several years ago. Davis said that they plan to place Class A mobile homes on the property that would also have brick foundations. Davis said that in the Level Cross area there is not much available for sale or rent for mobile homes. Davis stated that he already
has one permit for a mobile home to be put on the property and he informed the Planning Board that there is an intersection of US Hwy 220 Bus N and Holder Inman Rd to the left and an approved site for a Duke Energy substation to right. Davis said he hoped to help the community by providing affordable housing and that he would be willing to answer any questions.
Cable asked if the property would be served by public utilities and Davis said that the property will be served by septic systems and wells. Bunting asked if each home would have its own separate septic system and well or would
there be one septic system and well to service the property. Davis said that each mobile home would have its own septic system and well. Cable asked about the site plan since it appears that the property was using off-site septic systems and Davis said that all the septic systems will drain to one field but there is
enough space and line for the proposed three homes. Davis said that two of the mobile homes will be facing US Hwy 220 Bus N and the other home will be facing Holder Inman Road. Cable asked how large the mobile homes would be and Davis answered that the homes
would be around 1,400 square feet.
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Hedrick asked who would be responsible for maintaining the septic fields and Davis responded that it will be the responsibility of the property owner as shown on the site plan.
Beeson asked a question about the location of the septic field for lot three and Davis showed the Planning Board where the septic area will be located. Pell asked if there was anyone else in favor of the Rezoning Request that wanted to
address the Planning Board.
Hearing none, Pell asked if there was anyone in opposition to the Rezoning Request that wanted to address the Planning Board.
Keith Presnell, 6155 Old Walker Mill Rd told the Planning Board that he lives in the area
and that there are already mobile home parks in the area and the mobile home parks have bad reputations and that he sees no reason to have more mobile home parks in the Level Cross area. Presnell stated that mobile homes bring down the property values and destroy other properties in the area and that he did not want to see another mobile home
park in the area.
Dale told Presnell these homes are not for rental purposes and that the people that live on the property will own the property.
Cable asked Presnell if he was against the rezoning request because of empty spaces
in mobile home parks in the Level Cross area and Presnell answered, “Yes.” Beeson stated that he could understand Presnell’s concern, but this is not a mobile home park but a planned subdivision. Presnell said that if the lots are for personal use
he would not be opposed if the people are not moving in and out of the homes.
Joyce asked Presnell if he understand that these mobile homes will be sold with brick foundations and Presnell said he did not understand that requirement.
Pell asked if there was anyone else wishing to speak in opposition to the rezoning
request. Hearing no one, Pell closed the public hearing for discussion and a decision by the Planning Board. Brian Lewis, 617 Holder Inman Rd, stood to address the Planning Board and stated that
he lives across the street from the request location, and he wanted to know what it would
do to his property values. Pell reclosed the public hearing after Lewis spoke to the Planning Board.
Cable stated that it was clear that Presnell did not have all the facts, so it is the job of
the Planning Board to set the record straight. Cable further stated that just because something is being proposed as a mobile home park is not a reason to deny rezoning and Lewis’ question of value is a good question but that it is not a question for this Board.
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Cable stated that this is a good concept that encourages home ownership, that it appears to be well planned out, and that he does not see the request as decreasing property value.
Hedrick stated that right now the property is currently zoned RA – Residential Agricultural and it currently allows a single wide and the question is more about density, but it helps that Davis had already done the septic system and well evaluations.
Joyce made the motion to APPROVE the rezoning request to rezone the specified
parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the
minutes, as well as the site plan(s) with all agreed-upon revisions, also incorporated into the motion and that the request is consistent with the Randolph County Growth
Management Plan. Cable made a second to the motion to approve the rezoning request described with conditions.
Pell called the question on the motion to approve the rezoning request, and the motion
was adopted unanimously. Dale presented the next case of the night along with site plans and pictures of the site and surrounding properties.
REZONING REQUEST 2022-00001383
The Randolph County Planning Board will hold a Legislative Hearing on the
request by ERIC L SMITH, Sophia, NC, and his request to rezone 4.58 acres at 3321 Jess Smith Rd, Tabernacle Township, Garland Lee Hawkins Estate Subdivision lot number three, Tax ID #7724295330, Secondary Growth Area, from RA - Residential Agricultural District to CVOM-CD -
Conventional Subdivision Overlay Mixed - Conditional District. The
proposed Conditional Zoning District would specifically allow the creation of a new lot as per the site plan. Pell opened the public hearing and asked for anyone in favor of the request to come
forward and address the Planning Board. Eric Martin, Deputy Zoning Administrator, stated that he had talked with Smith earlier in the day and Smith had to take someone to the hospital and he hoped to be at the
Planning Board meeting.
Cable made the motion to table this request until Smith can attend the Planning Board meeting. Joyce gave the second to the motion.
Pell called the question on the motion to table this rezoning request until Smith was
available to address the Planning Board, and the motion was adopted unanimously.
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Dale presented the last rezoning case of the night along with site plans and pictures of
the site and surrounding properties.
REZONING REQUEST 2022-00001411
The Randolph County Planning Board will hold a Legislative Hearing on the request by TMR HOLDINGS, LLC, Thomasville, NC, and their request to rezone 2.15 acres at 7139 Wright Rd, Trinity Township, Lake Reese Balance Watershed, Tax ID #6796018058, Primary Growth Area, from RA
– Residential Agricultural District and LI – Light Industrial – Conditional
District to RA - Residential Agricultural District. Pell opened the public hearing and asked for anyone in favor of the request to come forward and address the Planning Board.
Tina Robinson, 2316 Heritage View Ln, rose to address the Planning Board and stated that the subdivision where she lives has added thirty homes and she wants to move from her current residence to build a house on the property.
Cable asked if the house would be site built and Robinson responded, “Yes.” Cable asked if the house would access Wright Rd and Robinson answered, “Yes.” Pell asked if there was anyone else in favor of the Rezoning Request that wanted to address the Planning Board. Hearing none, Pell asked if there was anyone in opposition
to the Rezoning Request that wanted to address the Planning Board. Hearing none, Pell closed the public hearing for discussion and a decision by the Planning Board.
Cable made the motion to APPROVE the rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the
minutes, as well as the site plan(s) with all agreed-upon revisions including the hours of operation to be from 8 am until 6 pm Monday through Friday and from 8 am until 5 pm on Saturday, also incorporated into the motion and that the request is consistent with the Randolph County Growth Management Plan. Joyce made a second to the motion to
approve the rezoning request described with conditions.
Pell called the question on the motion to approve the rezoning request, and the motion was adopted unanimously.
PROPOSED AMENDMENTS TO THE RANDOLPH COUNTY UNIFIED
DEVELOPMENT ORDINANCE
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Dale presented information regarding the proposed amendments to the Randolph County
Unified Development Ordinance. (See Exhibit # 1)
Dale related to the Planning Board how rapid development in the County caused the County to look at different options for subdivisions and one of the options that were adopted is the Cluster Overlay Subdivision. Dale said that the option was only used a few
times and the developers that did pursue the option have expressed they wish they had
never tried to use the option as it has not proven to be worth the time and additional expenses. Dale stated that he had talked with some developers to see what could be done about
the Cluster Overlay Subdivision to make it a more viable option when it comes to new
development. Most of the developers said that the current 50% required open space is what is causing the most issues when looking at surrounding jurisdictions that allow for as little as 30% open space that allows the developer to decrease the lot size and, in return, they could get more building lots from the same amount of property. Dale also
stated that in Rural Growth Areas, the 50% open space requirement and three-acre
minimum lot size requirement does not make a lot of sense. Dale said that the updated regulations will create a situation of a well-designed subdivision that has open space, internal roads serving the houses, and preserving land
while also allowing amenities such as playgrounds, walking trails, and other options that
will allow developers to develop more house sites while developing the same amount of land in a normal subdivision. Dale said he did not know if the proposed amendments would result in the changes recommended by developers, but it is a start to be responsive to the housing needs.
Beeson said that water supply should be the first question when considering this type of subdivision and he thinks that these types of developments should be on public water and sewer but did also realize that developers could run into issues such as cost and the location of the closest public water and sewer.
Cable said that the concept of a cluster subdivision would be good to help with the dilemma of drives and bus stops being along a road every one-hundred-foot. Cable stated that he thinks this Board has done a good job of seeing the various issues and trying to correct them to lessen the impact. Cable did say that he did not know if the County could
get public water to every proposal, and he would hate to see this requirement slow
development in the County. Joyce said that the Board of County Commissioners has talked for years about developing a public water and sewer system, but the cost is now too high for the County
to consider, and it should be left to the developer to worry about providing water to their
developments.
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Beeson mentioned a concern about septic systems being so close to well and Dale stated that the State has rules that control how close a well can be to a septic system.
Pell mentioned how some subdivision proposals have designated areas for off-site septic systems. Hedrick related to the Board members that he has been looking at open space
requirements from other counties like Chatham and Wake County and that the Randolph
County Unified Development Ordinance makes the rules clearer than other counties as some offer point systems based on various scenarios, but most have a required 40% open space and stated that the 40% open space allows septic systems and wells layouts and home sites. Hedrick said that the open space requirements allow the County to grow
but also help to preserve the rural character of the County. Hedrick further stated that he
would encourage buffers to avoid the appearance of one lot after another lot along the road. Hedrick stated that several journals he had reviewed showed that open space adds to the County tax base long-term more that developed property and that he is for development but would prefer to see the amendments require a 40% open space and he
would like to see more use of the cluster subdivision concept used in the County.
Vaughan said that she is glad that the Planning Board is addressing this situation now because if the County does not get control of development, we would eventually be seeing plans for developments that are not allowed in other counties. Vaughan said that the
citizens will be able to better afford homes and that people love Randolph County for its
rural character and neighborhoods. Vaughan stated that many people are buying larger parcels of land and it is very important that we have neighborhoods to make the development look like Randolph County.
Cable told the Board that it will especially important that the County has adequate controls
to address issues around the US Hwy 421 Corridor and the Greensboro-Randolph County Megasite area. Cable stated that people want to be in Randolph County and the County wants the megasite to flourish. Cable said that many want to live and work in Randolph County and that the small businesses keep coming back to the Planning Board to expand
their businesses. Cable stated that is a good problem to be having to face these issues
and it is a testament to the County supporting the small businesses and he would like to strengthen this and keep the public “face” of Randolph County. Cable said getting new citizens to Randolph County can cause the family to remain in the County. Cable said that he prefers the street concept as found in cluster subdivisions as the streets are
shorter and there is usually only one drive on the main State roads which makes them
safer for the traveling public. Dale said that roads in cluster subdivisions are usually not as long and therefore, it reduces the cost to the developer.
Hedrick related various peer-review articles that show neighborhoods with cluster or conservation design allow walking access, which has shown benefits for long-term community health.
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Vaughan said that all you must do is go to Cary or Pittsboro to see examples of uncontrolled growth. Vaughan related an article that stated if a jurisdiction was close to
an Interstate highway, the area would transition to be an urban area in twenty years.
Cable asked what the next move should be. Dale said that the Planning Board could recommend that the Board of County
Commissioners approve the amendments as presented to the Planning Board and make
the changes to the proposed amendments as recommend by the Board of County Commissioners. Hedrick said that if the County lowers the open space requirements to 30% it would be
harder to raise that amount later.
Vaughn stated that she agreed with Hedrick’s statement. Pell opened the public hearing and asked for anyone in favor of the proposed
amendments to come forward and address the Planning Board.
Philippe White rose to address the Planning Board and told them about a subdivision he has seen off Mount Hope Church Rd. The subdivision is approximately 50 acres in size and all the development is on one side of the property with the remainder in open space
and which helps to keep the “country” aspect.
Dale Beane addressed the Planning Board that the rural part of the County has rural roads and large tracks of land, that 40% open space is still high density, and that he would not want to see individual drives along the road. Beane said the best option would be to
require public water and sewer in place so it will not impact the water table. Beane said
the biggest challenge is the need to expand the infrastructure. Pell asked if there was anyone else in favor of the proposed amendments that wanted to address the Planning Board. Hearing none, Pell asked if there was anyone in opposition
to the proposed amendments that wanted to address the Planning Board.
Hearing none, Pell closed the public hearing for discussion and a decision by the Planning Board.
Hedrick said that the proposed amendments could potentially help build the infrastructure
down the road but that expanding water and sewer will help expand density, but the Planning Board is limited in what it can do. Dale stated that the County is not in the public water and sewer business.
Pell said that installing public sewer lines is so expensive due to construction costs and the requirements of the systems.
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Hedrick said that when looking at landscapes around the world, the most visually appealing are the “village concept” where you will see high densities in the villages, and
low densities outside of the village providing the rural area, and the Planning Board should
do what it can to help to accomplish this look for Randolph County and that the Planning Board needs to look at requiring buffers around subdivisions. Cable stated that he did not want to require public utilities but that he would love to have
Davidson Water everywhere. Cable said that the Planning Board is trying to create
something good, but it could potentially slow down growth if it is not handled correctly. Cable suggested that maybe cluster subdivisions near municipalities should look at public water and sewer and use that as a feature for marketing these developments.
Joyce said it would be nice to have public water and sewer utilities, but it is very
expensive to developers, and it is usually not cost-effective to do the engineering work and the costs associated with getting easements across other properties to get it to the proposed subdivision. Joyce said that public water and sewer are good to have but it is too hard to do in the more rural areas of the County. Joyce related how some developers
have told him the most expensive things in development are the road construction costs
and these increases are passed along to the future owners. Dale stated that the cluster subdivision concept would result in shorter roads for developers. Joyce said that Dale’s statement is true, but the developers still must see
this as a positive concept.
Cable relayed to the Planning Board that when he purchased his house, he tried to connect to Davidson Water and, at that time, it was going to cost $10,000.00 to connect but Davidson Water is now in the area due to Wheatmore High School and that the County
should not require public water and sewer but recommend connecting to existing public
water and sewer. Hedrick asked about the cost of drilling wells as opposed to running public water lines. Hedrick said that other jurisdictions that he had looked at called this type of development
a Planned United Development or a Conservation Subdivision. Hedrick asked the Planning Board if the County should call it a Conservation Subdivision instead of a Cluster
Subdivision. Dale said he thought the name change is a good idea and could be pursued. Cable said that everything is all about the marketing of the development and the County
and what it has to offer.
There was discussion among the Board members on how to proceed at the point. Pell asked Scotton to recap what she heard from the Board members.
Scotton recapped what the Planning Board was saying as follows:
• The Planning Board is in favor of the concept as proposed in the amendments but wants the Board of County Commissioners to consider
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changing the open space requirement to between thirty or forty percent;
• The Planning Board would like to require or recommend the future cluster subdivisions have access to public water and sewer but the concept may be more than the County or developers can tackle at the time; and
• The Planning Board is in favor of the concepts as outlined in the proposed amendments but let the Board of County Commissioners make the final decision on all the issues raised during the discussion.
Beeson said that what Scotton relayed to the Planning Board is correct and is the feeling
of the Planning Board. Scotton asked about the name change from Cluster to Conservation subdivision and
asked what the Planning Board wanted to do regarding a name change. Hedrick said the
name change could happen now or later as he did not see it as a big issue. Scotton
advised the Planning Board that it is better to make all the changes at one time instead of taking a small amount to the Board of Commissioners every couple of months to make more changes.
Cable stated that this is what he is wanting to do.
Hedrick make the motion to RECOMMEND APPROVAL to the Randolph County Board of County Commissioners that the amendments to the Randolph County Unified
Development Ordinance that are included in the Planning Board agenda, submitted
during the Randolph County Unified Development Ordinance amendment presentation, incorporated into the motion, along with the change of the name from Cluster Subdivision
Overlay to be Conservation Subdivision Overlay and for the Board of County Commissioners to set the open-space requirement to forty percent. Bunting seconded the motion.
Pell called the question on the motion to recommend approval of the proposed amendments to the Randolph County Unified Development Ordinance as specified in the motion, and the motion was adopted unanimously.
Having no further business, Pell called for a motion to adjourn the meeting. Cable made
the motion to adjourn, with Joyce making the second to the motion and the motion was adopted unanimously. The meeting adjourned at 7:34 p.m., with 21 citizens present.
RANDOLPH COUNTY NORTH CAROLINA
Planning Board Minutes June 14, 2022 Page 14 of 14
________________________ Planning Director
_________________________ _______________________________ Deputy Clerk to the Board Date
Adopted by the Randolph County Planning Board July 12, 2022
ARTICLE 600: ZONING ORDINANCE
RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 140
(d) Service areas, off-street loading facilities,
service drives, and dimensions of such areas;
(e) A title giving the names of the developers, the
date, the scale of the plan, and the person or
firm preparing the plan;
(f) Proposed landscaping with property buffers
between other uses;
(g) Location of flood hazard areas and other lands
not suitable for development;
(h) Size and location of signs;
(i) Location and type of security lighting;
(j) Water resource and stormwater management
provisions;
(k) Site plans shall be submitted to reduce
stormwater impact by designing new
development in a manner that minimizes
concentrated stormwater flows using a
minimum vegetated buffer area.
B. CLO: CLUSTER SUBDIVISION OVERLAY DISTRICT
The Cluster Subdivision Overlay District is established to accommodate
major residential subdivision developments designed to preserve rural
character by the preservation of open space and significant environmentally
sensitive areas. The district permits open space, recreational, residential,
and limited rural neighborhood business uses that are part of a unified
design. The cluster subdivision development provides for the grouping of
lots and buildings to conserve open space land resources and promotes
innovation in the design of the development to minimize stormwater runoff
impacts and other adverse rural environmental impacts. Housing
characteristics with the CLO district will be designated Exclusive (CLOE),
Restricted (CLOR), or Mixed (CLOM), in conformance with other major
subdivision zoning districts. Cluster subdivisions are not allowed in the
Birkhead Wilderness/Uwharrie Forest Small Area Plan area.
The Cluster Subdivision Overlay District is designed for those areas of
Randolph County where the requirement of such an Overlay District can
help achieve the policies and objectives of the Randolph County Growth
Management Plan. This district is specifically designed for Secondary
ARTICLE 600: ZONING ORDINANCE
RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 141
Growth Areas and Rural Growth Areas as reflected in the Randolph County
Growth Management Plan.
(1) PURPOSE AND USES PERMITTED
The Cluster Subdivision Overlay District shall be considered
as an overlay district to the existing zoning districts. Uses
permitted within the underlying district shall be permitted
provided they meet the requirements within the overlay zone
subject to the restrictions provided by this section.
(2) CLUSTER SUBDIVISION DEVELOPMENT STANDARDS AND
INTENSITY
The number of housing units, which may be built in a cluster
subdivision development, varies according to the amount of
open space, as defined herein, which is to be preserved and
additional amenities that are to be included.
The total number of building lots or dwelling units in a cluster
subdivision development shall be calculated based on the
total land area in the tract minus the required fifty thirty percent
open space and any proposed rights-of-ways. Fifty percent of
the total area located within a federally designated Class A
Flood Zones may be utilized when calculating required Open
Space. In a Secondary Growth Area, lot frontage widths may
be reduced to ninety feet.
PROJECT AREA BASE DENSITY MINIMUM OPEN SPACE
REQUIRED
Secondary Growth Area 1 residence per 340,000 sq.
ft.
350%
Rural Growth Area 1 residence per 1.53 acres 350%
Table 13: Cluster Subdivision Development Standards
(3) DENSITY BONUS
A developer may be granted density bonuses to increase the
density within a cluster subdivision development. These
bonuses may be granted within a cluster subdivision
development only if the developer meets the required
standards described below.
One additional residential lot may be given for each of the
following:
(a) Each additional five percent open space;
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(b) Preservation of County Designated Natural
Heritage Site;
(c) Five hundred feet of existing road frontage
maintained as open space with a minimum
depth of two hundred feet as measured from the
road right-of-way;
(d) Maintain forestation and natural thirty-five feet
buffer along existing parcel lines; or
(e) An approved forestry management plan for
open space.
When granting density bonuses, lot sizes may be flexible with a
minimum of 20,000 square feet in size within a Secondary Growth
Area and a one-acre 40,000 square feet minimum within a Rural
Growth Area. Density within cluster subdivision developments
located in designated Watershed Balance or Water Quality Protected
Areas shall not exceed mandated requirements.
(4) USES OR ACTIVITIES PERMITTED IN OPEN SPACE AREAS
(a) Conservation of land in its natural state (e.g.,
woodland, fallow field, or managed meadow);
(b) Agricultural uses including raising of crops or livestock;
(c) Passive recreation including, but not limited to, trails,
picnic areas, and community gardens;
(d) Easements for drainage, access, sewer or water lines
or other public purposes;
(e) Stormwater management facilities for the proposed
development or a larger area in compliance with a
watershed management plan; or
(f) Other uses consistent with open space preservation
and as approved through the appropriate development
approval process.
(5) USES OR ACTIVITIES PROHIBITED IN OPEN SPACE AREAS
(a) Cutting of healthy trees; re-grading; topsoil removal;
altering, diverting, or modifying watercourses or bodies
except in compliance with a land management plan or
watershed management plan for the property
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RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE PAGE 143
conforming to the customary standards of forestry,
erosion control or engineering; or
(b) Private driveway connections within the open space
area.
(6) OWNERSHIP AND MAINTENANCE OF OPEN SPACE
(a) Ownership of open space may be handled through one
or more of the following and shall be permanently
restricted from future development through deed
restrictions:
(i) Homeowner’s Association;
(ii) Transfer to a private conservation
organization; or
(iii) Ownership retained by the developer.
(b) Natural features shall be maintained in their natural
condition but may be modified to improve their
appearance, function, or overall condition. Permitted
modifications may include, but are not limited to:
(i) Reforestation;
(ii) Woodland management;
(iii) Meadow management;
(iv) Buffer area landscaping;
(v) Stream-bank protection; or
(vi) Wetlands management.
In no event will a radical change in open space be
permitted that would destroy what may have been an
initial sales feature for surrounding homeowners, for
example, the removal of all timber. The cost and
responsibility of maintaining open space and any
facilities located thereon shall be borne by the
developer, property owner, and/or homeowners
association as required by the private deed restrictions.
(7) SITING ON PUBLIC ROADWAYS AND ADJACENT RURAL ZONING DISTRICTS
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Cluster neighborhoods shall be placed in such a way as to not be
fully visible from the primary thoroughfare. Natural features, such as
tree stands and slight rises in topography, shall be retained to allow
a rural landscape to adjoin residential zoning districts and existing
roads.
(8) DEVELOPMENT CONSIDERATIONS
(a) Preserve scenic view and elements of Randolph
County’s rural character by minimizing perceived
density by minimizing views of new development for
the existing road by use of natural buffers and open
space.
(b) Preserve open land, including those areas that contain
unique and sensitive features such as natural areas,
streams, wetlands, and flood plains.
(c) Minimize site disturbance and erosion through the
retention of existing vegetation.
(d) Encourage creativity in the design of residential
subdivisions by allowing for greater flexibility and
creativity in the design if the development is not greater
than that normally allowed in the district.
(e) Create compact neighborhoods accessible to open
space amenities and with strong community identity.
(f) Open space subdivision design shall be encouraged to
maintain the special features that contribute to the rural
character such as woodland preservation, preservation
of scenic views, and farmland preservation.
(g) New driveway connections shall be designed in a way
to minimize new locations on existing public roads.
(h) Site plans shall be submitted to reduce stormwater
impact by designing new development in a manner that
minimizes concentrated stormwater flows using a
minimum vegetated buffer area.
(i) The development shall be designed to limit disturbance
in the following areas:
(i) Land with a floodway;
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(ii) Wetlands;
(iii) Groundwater recharge areas; and
(iv) Critical ecological areas.
C. CVO: CONVENTIONAL SUBDIVISION OVERLAY DISTRICT
The Conventional Subdivision Overlay District has been established to
accommodate single-family residential subdivisions with four or more
owner-occupied lots created for sale or building development. This district
is predominantly residential and suburban where current water and sewer
needs are met primarily by individual wells and septic systems. Some public
infrastructure may be available in the future. Housing characteristics with
the CVO district will be designated Exclusive (CVOE), Restricted (CVOR),
or Mixed (CVOM), in conformance with other major subdivision zoning
districts.
The Conventional Subdivision Overlay District is designed for those areas
of Randolph County where the requirement of such an Overlay District can
help achieve the policies and objectives of the Randolph County Growth
Management Plan. This district is specifically designed for Primary Growth
Areas and Secondary Growth Areas as reflected in the Randolph County
Growth Management Plan.
(1) PURPOSE AND USES PERMITTED
The Conventional Subdivision Overlay District shall be considered
as an overlay district to the existing zoning districts. Uses permitted
within the underlying district shall be permitted provided they meet
the requirements within the overlay zone subject to the restrictions
provided by this section.
(2) CONVENTIONAL SUBDIVISION STANDARDS
(a) All standards as required by the land development
regulations contained within this Ordinance.
(b) Minimum lot sizes as specified by this Ordinance. Lot
sizes may be increased as required by soils and other
factors particular to the location.
(c) Designed under the policies and guidelines outlined in
the comprehensive land-use plan.
(d) Subdivision layout and use of land will assure safe and
convenient circulation patterns while minimizing the
impacts on the established residential areas.