Loading...
050922 Zoning AppealSpecial Meeting May 9, 2022 -Zoning Appeal 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. DAVID BRIAN MOODY, Asheboro, NC, has requested an appeal for the decision made by the Randolph County Planning Board to deny his rezoning request for 3.94 acres located at 6995 US Hwy 220 S. Richland Township, Tax ID #7666422421 and 7666426428, Primary Growth Area, from LI - Light Industrial 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. Jay Dale, Planning and Zoning Director, presented the request of David Moody. He explained the level of noise that he experienced at both the site and at the property of a neighbor in opposition. The opposition had complained of the loud level of noise produced by the crusher machine used by Mr. Moody as part of his business. Commissioner Haywood asked what it mean for the request to be conditional. Mr. Dale stated that the use of the crusher is the "condition" for the zoning of Heavy Industrial. H R Gallimore, 231 S. Fayetteville St., Asheboro, spoke on behalf of Mr. Moody regarding the request. He presented a map to the Board to give an indication of where the machine was located on the property and distances to the adjacent residents (following these minutes as Attachment A). He said Mr. Moody was caught by surprise regarding the need for a change in zoning and was unaware of complaints from surrounding residents. Mr. Moody was visited by Randolph County Planning and Zoning staff regarding the complaint. The crusher machine that the neighbors oppose was purchased to recycle concrete and asphalt. Mr. Gallimore said Chuck Garner from the Planning and Zoning Department of the City of Asheboro was asked to measure the noise level produced by the machine in case the company was forced to move to Asheboro. Mr. Garner reported to Mr. Gallimore and the City that he went to the site and measured the machine's noise level at 70 decibels while it was running at a distance of 150 feet away. The City of Asheboro's maximum allowable decibel level is 85 decibels or less. Commissioner Haywood gave some examples of familiar sounds at different decibels such as a baby crying at 120 decibels and road traffic passing by at 65 decibels. Public Hearing Chairman Frye opened the Public Hearing at 6:15 p.m. Tanya Ward, 7773 Old NC Hwy 13, Asheboro, has lived at this address with her husband since 2001. She said Clint McNeill, Code Enforcement Officer, called her regarding the complaint. 5/9/22 She had members of the Planning and Zoning Board at her property. She said that the sound is louder than a lawnmower. She stated that she had letters from people who could not attend. She read excerpts from them aloud for the Board. Ben Morgan, County Attorney, noted the letters would be made part of the record (following these minutes as Attachment B). She indicated that loud noises affect her sleep and made her anxious due to an autoimmune disease. Commissioner Haywood asked Ms. Ward if she allowed any kind of shooting on her property. Ms. Ward said that she and her husband both have concealed carry permits. Twice a year or so, they practice firing guns on their property. Commissioner Kidd asked Ms. Ward about a timeline she had mentioned. Ms. Ward said the noise could be heard by her or her neighbors on the following dates: January 24th, February 8 t , 9th, 10th and 11th, March 16th and 31st, and April 20th Vice -Chairman Allen asked her which house was hers. She explained where she lived in proximity to the site. Curtis King, 7628 Old NC Hwy 13, Asheboro, he has lived there 50 years. He said the noise is loud and annoying. It sounds like the crushing will be a side business. It has ruined his peace and quiet. His property value will decrease. He is opposed to the zoning of Mr. Moody's property as Heavy Industrial. Ms. Ward came back up to the podium. She said the lay of the land had been mentioned at the Planning and Zoning meeting as the reason why the noise levels are so high at her house. She doesn't believe the lay of the land should be a consideration. Mr. Gallimore said Mr. Moody was willing to stipulate operating the machine only between 7 a.m. and 5 p.m. Monday through Friday. He reminded everyone that this machine is used to recycle concrete and asphalt thus keeping it out of the landfill. Mr. Moody does many other things at his business besides crushing. He has several pieces of industrial equipment that are used at this business. The noise identified by the neighbors may not be the crusher machine. Mr. Gallimore said it was his understanding that the veterinarian's office across the street had not complained. Animals are very easily affected by noise. Mr. Jack Lail owns the business next door where there is high-tech equipment that is sensitive to noise. He was present to speak in favor of Mr. Moody's request if needed. Vice-chairman Allen asked if the machine was running dry or with product to crush while decibels were being measured. Mr. Moody responded that it was crushing concrete when it was being measured. Chairman Frye stated that the Technical Review Committee said the zoning change should be approved by the Planning and Zoning Board. He asked if opposing residents attended that meeting. Mr. Dale said the Technical Review Committee meeting is not open to the public. It is made up of members of the Planning and Zoning staff. After looking at what was presented to them, the Committee determined that the machine was not being run during the weekend. It was only used during normal business hours in an industrial area. 5/9/22 Chairman Frye closed the Public Hearing at 6:54 p.m. Discussion Commissioner Haywood said she had asked some people she knew in the area of the business if they heard the crushing machine. No one she spoke with had heard the noise. She indicated that at an North Carolina Association of County Commissioners Conference, she took a landfill tour and saw the amount of storm and construction debris that was going to be recycled instead of taking up room in the landfill. If Great Oak landfill becomes full, it will make another issue for the Board to address. Commissioner McDowell asked if the veterinarian's office near Mr. Moody's business had complained about the noise. Mr. Dale said there had not been any complaints from the veterinary office there. Commissioner Allen said he initially had concern about the crushing being a full-time business. He visited the site and realized there is not much room to make it full-time. Commissioner McDowell commented that he lives with higher levels of noise and appreciates Ms. Ward's problem. He also understands that the business is a heavy industrial type of business in an industrial area. On motion of McDowell, seconded by Kidd, the Board voted 5-0 to approve this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, 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 the stipulation that the crusher machine on the property will only be run between 7 a.m. and 5 p.m. Monday through Friday, and that the request is also consistent with the Randolph County Growth Management Plan. Adjournment At 7:05 p.m., on motion ofAllen, seconded by Haywood, the Board voted 5-0 to adjourn. Darrell Frye, Chairman David Allen Kenny Kidd Hope Haywood Maxton McDowell Dana Crisco, Clerk to the Board 5/9/22 5/9/22 W CD a CL 0 Attachment B r YJ Z_ e , (11111604, vy�X,(- WOM! (Ad 0 ICA) oil r4 1 US VAIV10Q,40 1 V1 ` 4r�vllW U NA RM toped Vric,�I(k� LL)(. - .w Ahe �,,avd. w ")(,vV�a�e v�� �_���� a ."p�,"h DVN. LAw pet' w _. A vue" , lo� kf ow q o(-- �as 1: Js� tAvAiA �J7 _4? WA._ .......... NoA, IJ VO ..... . ......... ... . .. . ..... ... .. . ... ..... __A ck At) 011, CUAT T&A _ '" _.. ...... ,. ....... -.-.. M1� ➢er �`m� .mak �.4�q„�,�1._.� Ww ��my�4 b... �� �n WmMM1 itl iY VW co w ourlus Aw�� ��: ��w M l m " n we .w „ -_.. ,,, _ _... ��W k� AW..p,�u"mw��ww°&"���„.. �•��. p"p q'6� " P'�Vr �"��b "M. /'N �^���` ."M,. wP ", 4� ,''a.. ��F �"'4 0 y „„�.. �,, b WN, Vqxx�j V,��Ww w b .......v I too a. ZAN �e,,,4Ai eYlAtk `ANk��4XA ust Vol w �a I ls m m T R O 4,V*�" �AMkv 1��"' M�,.,. mw'"n�"y , , \ "�A '4:. N �r�^"✓kR„i ... w w 7 o " jib Oil SAO Ax �rx e "bb WW •U 111 G a � w ., SAW a ilk, ly .. w-�A ACj - 004 _4 wy culs 1"� e ee CA, 0 Rho 'KAX-A mt ly'�a o r� Im" Chu (k� '-��Nv' -�Tvrf�) o k 'N\p ,,A w we 6 c wa6wv'(�(�- ,"N Vvc ftc mse YINCY con, ciolibee- av'VA' "'I" qb�CA ��er ck W-16��@�- V�(Jwlzr) (u Vx were WCUOAwe LACK) �Q'Nr'tcook 6 n Ouckne A. whAd '�',bkAAIAW. � 1 A 1 Ne h LACS Af Duv\ -iiv wif W.RuM WAS 41A kl4s-1:,�At,, ,, t -7- s oil. I Ivy" s 0 Af) ) Loe aiw"k move aN vs, � Q cuojf�)A'Q. edi SO UQ I . 4w+TMWn �W �Ww N\^ ryry FF �."m/µrv.J e � " u dh i r m " .s, J. �ry L YY �, N Oc�cc, � a d I f: f; i bl) All IV, kk OIL w. �Vol .. . .... UPS .......... . . .. .. . .... . ........ .. ... ......... Mav 9, 2022 Dear Randolph County Commissioners and citizens of Randolph County, Our names are Kyle and Kristin Gabby. We live at 7775 Old NC Highway 13 in Asheboro. We got married in 2015 and decided to move back and start our lives together here in Asheboro. We bought our property and built our house in 2016 when Kyle was Honorably Discharged from the United States Army. We moved to the area to have privacy, peace, and quiet. Since 2016 DBM has be6n a good neighbor. Iii the last year DBM Construction began expanding its business where they have ventured into crushing concrete and asphalt. This expansion has created an extremely loud and constant noise that disturbs our peace and quiet that we expected to have when we moved to the area. With myself being in law enforcement and Kristin starting a new career as a nurse, it will often require 3rd shift work schedules. With DBM Construction running their heavy equipment during the day the sound of constant rock crushing and being dumped in the beds of dump tricks travels to our home and can be heard inside the house. With DBM Construction approximately 700 feet from our house through the woods, it will disturb us while we sleep during the day. This request allows DBM to work all business hours during the week, which affects us greatly. After the decision in March to deny their heavy equipment permit, we were very pleased and have not had any complaints about loud equipment. We request that you uphold your decision and not allow DBM to expand its business to a heavy construction zone or industrial zone. This will only open up the area for more businesses to move into our quiet neighborhood. Again, we have worked hard to build a life in this area and value our peace, as I'm sure others do as well who live close to the business. We only ask DBM Construction to be considerate and move its asphalt business to an industrial zone and not a quiet neighborhood. Thank you for your time and for considering our request to keep our way of life the wav it is. Sincerely. Kyle and Kristin