07JulyPBPlanning Board Minutes July 12, 2022 Page 1 of 19
RANDOLPH COUNTY PLANNING BOARD
MINUTES July 12, 2022
There was a meeting of the Randolph County Planning Board on Tuesday, July 12, 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, present;
• Melinda Vaughan, present;
• Reggie Beeson, present;
• Ken Austin, present;
• Barry Bunting, Alternate, absent; and
• Brandon Hedrick, Alternate, present. County Attorney, Ben Morgan, was present for the meeting.
Dale informed the Chairman there was a quorum of the members present for the
meeting.
Pell introduced the newest member of the Randolph County Planning Board, Ken Austin, Jr., and Austin shared his background and stated that he looked forward to being a member of the Planning Board.
Pell called for a motion to approve the consent agenda as presented. Cable made the
motion to approve the consent agenda as presented, with Davis making the second to the motion. Pell called the question on the motion to approve the consent agenda as presented and the motion was adopted unanimously.
Pell asked the Board members if there are any conflicts in the following cases.
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Dale stated that Austin has family that lives next to a case on the agenda tonight and asked Morgan if it was okay for Austin to participate in the case and Morgan replied that
it would be fine if it did not violate the conflict-of-interest standards in the Randolph County
Unified Development Ordinance. Hearing no conflicts of interest, Dale presented the first case of the night, which was tabled from the June 14, 2022, Planning Board meeting, along with the site plans, and
pictures of the site and surrounding properties.
REZONING REQUEST #2022-00001383
The Randolph County Planning Board will hold a duly published and notified
Legislative Hearing on the request by ERIC L SMITH, Sophia, NC, to
rezone 4.58 acres at 3321 Jess Smith Rd, Tabernacle Township, Tax ID #7724295330, Secondary Growth Area, from and 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 and address the Planning Board.
Eric Smith, 3321 Jess Smith Rd, rose to address the Planning Board. Smith started his
comments by apologizing for missing the June 14, 2022, meeting and thanked the Planning Board for tabling the request as he was at the hospital with a family member. Smith stated that he wanted to split his existing parcel into two lots—one for his home and a lot for another home.
Pell asked if there were any questions from the Planning Board. Hearing none, 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 asked if the meeting was published, and if property owners were notified as required by the Randolph County Unified Development Ordinance and Dale responded that all notifications were done according to the Ordinance. Cable said that, since he made the motion to table the request in June, he thanked the Planning Board for tabling
the request until the applicant could attend the meeting.
Davis said that he was not present for the June 14, 2022, meeting but that he saw nothing wrong with the request.
Hedrick stated that he had visited the area and talked with the neighbors, and they seem
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to be fine with the request.
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, 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. Dale presented the next case of the night along with site plans and pictures of the site and surrounding properties.
SPECIAL USE PERMIT REQUEST #2022-00001656
The Randolph County Planning Board will hold a duly published and notified
Quasi-judicial Hearing on the request by UWHARRIE GREEN SCHOOL, INC, Asheboro, NC, 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 an Administration building to be
located next to the existing middle school 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.”
Four people took the oath. Pell opened the public hearing and asked for anyone in favor of the request to come forward and address the Planning Board.
Sharon Castelli, Superintendent for Uwharrie Charter Academy, 220 Ridgeway Rd, Southern Pines, addressed the Planning Board and said that the proposed administration building is for school offices and will be located near the middle school on the existing campus.
Davis asked if the proposed building would change the flow of traffic around the campus
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and Castelli responded that the traffic flow would not be changed. Davis also asked if the building was needed at the campus to which Castelli responded that the building is
needed on the campus.
Cable asked that based upon the submitted plans that the building would be one story, have nine offices, and one board room. Castelli stated that the building will have nine offices and a large meeting space that can be used for a work area or Board meetings for
the school.
Keith Downing, 400 Regency Forest Dr, Cary, stated that his firm has done the landscape design for the campus and has contacted the North Carolina Department of Transportation (NCDOT) regarding the traffic analysis that was done earlier this year for
the new high school at this location and the NCDOT had issued a new letter stating that
the proposed administration building would not cause any new traffic issues. Cable asked about the time frame for the completion of the new high and the administration building. Castelli responded that they are on track to have all the buildings
ready by August 23, 2022.
Austin asked if there would be additional parking required for the new building and Castelli responded that there would be no additional parking required.
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. Laura Arborgast, 5107 US Hwy 220 Bus S, rose to address the Planning Board and
stated that her main concern is traffic as it can take her as much as 30 minutes to get
home due to school traffic. Arborgast said that she is constantly hearing people “burn out” at all times of the day and night and that she “hates to see the land go to waste.” Arborgast relayed to the Planning Board the times she could not get out of the church parking lot due to school traffic and asked how is this fair to taxpayers. Arborgast asked
that the school be required to put in a turn lane and since the property is near Interstate
73/74 what would be the possibility of a ramp on and off Pisgah Covered Bridge Rd to provide access to the school but that she did not want to see more people lose their land for a turn lane as the school has enough property and should give part of their property for the safety of the school and the surrounding community.
Cable asked Arborgast about the time of day when the traffic is so bad and how long it is backed up and Arborgast responded between 3:00 p.m. to 4:00 p.m. or during special events or parents were picking up their children from school.
Cable asked about the accidents that Arborgast mentioned and asked if the accidents
are caused by people trying to get around school traffic that has stopped to turn into the school off US Hwy 220 Bus S. Arborgast said that was her opinion.
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Pell asked if there were any more questions from the Planning Board.
Pell asked if there was anyone else in opposition that wanted to address the Planning
Board. Hearing no one, Pell closed the public hearing for discussion and a decision by the Planning Board.
Kemp stated that he wanted to clarify the issue which is to amend the existing Special Use Permit to allow the administration building. Davis stated that the traffic issue was reviewed at the previous public hearing on the high school and that the understands Arborgast’s concerns. Dale stated that at the previous public hearing for the high school,
NCDOT said the roads were okay and no further traffic study was needed and the Special
Use Permit for the high school was issued based on the information from NCDOT and the findings of fact required to approve and issue a Special Use Permit. Beeson stated that the Planning Board sees these issues at every school until people
understand the established traffic patterns, but the issues do get better with time.
Cable said that is why he asked the question earlier about the accidents and reminded the Planning Board that traffic is an NCDOT District Engineer issue and outside of the scope of the Planning Board review and approval process. Cable went on to say that the
proposed building is a one-story building for administration purposes and Uwharrie
Charter Academy is not putting another school or daycare on site. Pell stated that at the previous public hearing for the Special Use Permit for the high school that the NCDOT District Engineer was at the public hearing and voiced no
concerns regarding traffic.
Kemp 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 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. Beeson 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.
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SPECIAL USE PERMIT REQUEST #2020-00001657
The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by DAVID OWENS, Asheboro, NC,
to allow a Special Use Permit at 1853 NC HWY 42 S, Grant Township, Tax ID #7770427220, 2.0 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a Federal Firearms License to hydro dip weapon parts in twenty-four feet by twenty-four feet 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 took the oath.
Pell opened the public hearing and asked for anyone in favor of the request to come
forward and address the Planning Board. David Owens, 1853 NC Hwy 42 S, says that he needs a Federal Firearms License to be able to do his proposed business of hydro-dipping. Owens said that everything would be
dropped off at the shop so he could do the hydro-plating. Owens told the Planning Board
that he would be retiring from the State on February 1, 2023. Davis asked what the hydro-drip process is, and Owens pointed to the information that he distributed to the Planning Board and that basically, it is a large tub filled with water
and that he lays a special film on top and then dips the gun parts into the water and the
ink from the film stays on the gun. (See exhibit number one.) Owens stated that this is a new process that is becoming very popular as it can be applied to guns, deer skulls, cups, etc.
Austin asked if the guns brought to Owens were non-working guns and Owens said that
customers bring him the gun and he must take it apart for the hydro-dip process and, since he must take the gun apart, the US Bureau of Alcohol, Tobacco, and Firearms (USATF) requires him to have a Federal Firearms License and that requires a Special Use Permit from the Planning Board.
Davis asked Owens if he was going to test fire the guns and Owens said, “No.” Cable asked about chemicals on the site and Owens responded that there will be nothing on the property other than the activator that is required for the process.
Austin asked if anyone else in the County was doing this business and Owens stated
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that he is not aware of anyone else doing this, but the big gun dealers are starting to do this process more and more.
Beeson asked Owens if the water he drained from the tank is safe and Owens stated that the water is a non-pollutant based on his information. 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.
Cable said this is another story of a person completing a career and wanting to do something close to home and this business could be a huge advantage to the County. Cable stated that he thought it is a neat process and that Owens has a great idea by starting small and he was very hopeful that Owens can expand his business in the future.
Cable said he thought this was a good business in Randolph County and it would not
disturb anyone and that there was no opposition at the public hearing. Cable 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
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. Vaughan 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 2022-00001368
The Randolph County Planning Board will hold a duly published and notified
Legislative Hearing on the request by EMMANUEL CRUZ GARCIA, Siler
City, NC, and his request to rezone 14.05 acres at 7845 US Hwy 64 E, Columbia Township, Tax ID #8712473956, Municipal Growth Area, from RA
– Residential Agricultural District to CVOM-CD – Conventional Subdivision Overlay Mixed – Conditional District. The proposed Conditional Zoning
District would specifically allow a four-lot subdivision for Class B mobile
homes and better as per the site plan.
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Pell opened the public hearing and asked for anyone in favor of the request to come and address the Planning Board.
Jim Raines, 7929 US Hwy 64 E, Ramseur said that he was a former Randolph County Planning Board member and had a couple of questions. Raines stated that was Garcia’s neighbor and in favor of his request. Raines said that the property he and his family live on is a farm and it is listed as a Century Farm, a farm that has been in operation for over
one hundred years. Raines stated that the property is not listed on the Development
Impact Analysis as tax-deferred so would the wells be required to meet the 100 ft. well setback? Raines related to the Planning Board how Kent Atkinson, another farmer in the area,
uses the nearby property to cut hay and spread chicken litter and wanted any potential
buyers to be aware of the existing farming activities. Raines further stated that the homes to be placed on the proposed lots will be new homes and he is excited about that along with the setbacks proposed. Raines stated that it appeared that NCDOT had questions on how traffic will get in and out of the lots and that the septic system and well location
will be determined by Randolph County Public Health. Pell asked if there was anyone else in favor of the rezoning request that wanted to address the Planning Board.
Janet Adams, 7791 US Hwy 64 E, Ramseur, rose to address the Planning Board with
questions about mobile homes and how they would impact her property values. Adams related how she bought her house in 2018 and spent over $75,000 to rehabilitate the old farmhouse and what would the mobile homes do to her investment?
Davis asked Adams to identify her property on the map and she said it was on the left
side of US Hwy 64 E before getting to the request location. Adams stated that they do farming and other hobby activities on a 27-acre parcel with the back of the parcel being a forest. Adams said that the access shown on the property
is the access for her neighbors.
Davis asked about the drive showing on the site plan and Adams said that the drive goes on back behind her property and it is the access for the other property owners. Adams said that she was not opposed to dividing the 14.50 acres but was concerned about how
the development would look compared to the existing housing patterns.
Brynne Diaz, 7791 US Hwy 64 E, Ramseur, rose to speak to the Planning Board and told how they had put $75,000 put into rehabbing the home and they were also concerned about property value. Diaz stated their property is on the other side of the property and
they are not opposed to the request but concerned due to the size of the acreage.
Davis asked Diaz if their property abuts the request location and Diaz responded that the property does not abut but shares a driveway.
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Pell asked if there was anyone else in favor of the rezoning request. 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.
Beeson asked how the lots are accessing US Hwy 64 E. Beeson referenced the letters
from NCDOT in the agenda pack and asked about the access for lots two, three, and four. Joyce said that the email from NCDOT said lot number three would have to go through the NCDOT driveway permitting process and Beeson said he did not have high hopes
for either of the lots to get the necessary driveway permits.
Emmanuel Cruz, 7845 US Hwy 64 E, Ramseur, the applicant, requested to be heard by the Planning Board. Pell reopened the public hearing so Cruz could address the questions from the Planning Board.
Beeson asked again about the access to lots two, three, and four, and Cruz said that a thirty feet easement had already been agreed upon to allow access for lots two, three, and four.
Morgan asked if there is one easement for lot number one and then the easement goes
on to lots two and four. Cruz responded that he is going to try and access lot number three from US Hwy 64 E. Austin stated that this information should be on the site plan and Dale said that the site
plan is often updated after the public hearing due to concerns raised during the public
hearing process. Morgan stated that the applicant is “not married to site plan” so it can be modified during the public hearing process and if the lot sizes comply with the Randolph County Unified
Development Ordinance and the number of lots does not increase after the public
hearing, it is still acceptable. Austin asked about the wet area down the right-hand side of the plat and if there were any offsets for this area? Dale stated that development could not take place in those
areas.
Davis asked if lot sizes changed if the request must come back to the Planning Board? Morgan said that if approved, the number of lots cannot go beyond the four lots as shown on the plat and that the lot acreages would probably not change in the future.
Beeson asked about placing a condition on the subdivision that no lot could be smaller than the proposed lot sizes as indicated on the preliminary plat.
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Cruz said that he bought the property to sell, and he is acting as the broker on the property.
Pell again closed the Planning Board public hearing. Hedrick asked if the parcel were to be divided into two five acres parcels if it would still have to come to the Planning Board and Dale answered no as it would be a minor
subdivision as defined by the Ordinance.
Dale stated that the plat does show a fifty feet stream buffer that would not be allowed to be disturbed. Hedrick asked a question about minimum lot sizes and how the new homes would meet the required setbacks.
Hedrick stated that the included deed restrictions said that the property must follow “County guidelines” and Dale said the developer can divide a lot, but it does not have to be a “buildable lot” and that each home would have to meet the standard setback requirements.
Austin asked if someone could describe the entrance as it appears the access is off US Hwy 64 E and goes through lot number one. Pell asked Raines the size of the easement between lot one and lot two and Raines said
it was approximately thirty-five feet and it goes to the property corner and turns west.
Cable said that based on the plat it appears to be 35.6 feet from one corner to another corner and 35.7 feet at the back of the property.
Davis stated that he appreciated Raines’ expertise, but he did not feel that he could
accept the plat as currently shown with the access questions and he would suggest the Planning Board either table the request or deny the request. Morgan said the Planning Board would need to make the decision to either table or deny
the request.
Davis said he would like for the applicant to come back to the Planning Board with more information and Cable said there were too many variables to make him comfortable deciding on the request.
Austin said that everything with the request is confusing. Pell asked Cruz if he understood the concerns of the Planning Board. Cruz stated that he would prefer for the Planning Board to table the request and allow him to bring back
more information for the Planning Board.
Davis made the motion to table the request and Cable seconded the request if the applicant knew the information to bring back to the Planning Board such as detailed
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wetland information and clear answers regarding the access to the proposed lots.
Pell called the question on the motion to table the rezoning request and the motion was
adopted unanimously. Pell told Cruz to call the Planning Department to get more information on what the Planning Board is requesting. Dale presented the last rezoning case of the night along with site plans and pictures of
the site and surrounding properties.
REZONING REQUEST 2022-00001661
The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by NEW HORIZON BUILDING AND CONCRETE. LLC, Franklinville, NC, to rezone 2.45 acres at 2299 Whites Memorial Rd,, Franklinville Township, Tax ID #7784402024, Secondary Growth Area, from LI-CD - Light Industrial - Conditional District and RA -
Residential Agricultural District to LI-CD - Light Industrial - Conditional
District. The proposed Conditional Zoning District would amend the existing
Conditional Zoning District permit and the site plan to specifically allow for
a proposed 60 ft. x 200 ft. building 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.
Rafael Vega, 3281 Skyhaven Rd, Randleman, the applicant and owner of New Horizon
Building and Concrete, LLC, addressed the Planning Board and stated that he purchased the building for his business and the business has grown and he now needs to expand to bring more jobs to the County. Vega presented the Planning Board with signatures from the closest neighbors, and they signed saying that they have no concerns with the
proposed expansion. (See exhibit number two.)
Davis asked for an explanation of the business that is conducted on the property. Vega said that the business produced kits for various types of metal buildings and the kits are sent over North Carolina, South Carolina, and Virginia. Davis asked if the proposed
building would be for storage and Vega responded that the new building would be used
for manufacturing the kits. Vega said that welding and manufacturing of trusses would be completed in the building. Vega stated that installers come to his business, pick up the kits and then go to the sites where the buildings are put together on the site. Vega said the existing building will be used to make doors that are included in the kits.
Austin said that is familiar with this site and there is a lot of material that is laying in the open and asked if Vega was going to move the material in the open area into the existing building and Vega said that was his plan.
Austin talked about the large building on the top of the hill at the site and Vega stated that he asked NCDOT to help with traffic and safety concerns and all that NCDOT would
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do was put up a sign warning of trucks pulling into the road and that he had put up the mirror to help see over the hill. Austin asked if they do have large trucks coming onto the
site and Vega said that large trucks come to the site around two times a week. Austin
asked if the new building would create more traffic and Vega said that the new building should not increase traffic but that it will allow him to better organize the supplies on the property.
Pell asked about the number of employees for the business and Vega said he has about
twenty-five employees and when adding in the subcontractors that work for other companies, the numbers would be close to seventy to eighty. Pell stated that he would think that most of the activity is the contractors coming to the
site to pick up the kits and then leaving to go to the site for assembly and Vega responded
that this is what happens on the site. 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.
Kara Curl, 2259 Whites Memorial Rd, Franklinville rose to address the Planning Board and that she had not seen the list that Vega had presented to the Planning Board. Curl said her concern is that it is loud at the site from before sunup to sundown and often as
late as midnight and that the music is so loud that it sometimes will shake her house. Curl
told the Planning Board that she will be having her first baby in October and the existing building will be right next to the nursery and it would be exposed to all the noise from the business. Curl said that other neighbors in the area could not be at the public hearing, and they are not in support of the business due to the noise and traffic issues along Whites
Memorial Rd.
Hazel Elliott, 3122 Whites Memorial Rd, Franklinville, told the Planning Board that she grew up in this area and that she knows all the neighbors and they are opposed to the rezoning request due to the amount of traffic that has been produced by the business.
Elliott said that everyone picks up speed at bottom of the hill and to get over the hill most
vehicles are going at a “good amount of speed.” Elliott also relayed about the trucks backing into the site or stopping at the top of the hill. Elliott said that more trucks will be coming to the site if the request is approved, and those trucks will be carrying materials and that Whites Memorial Rd is such a busy road that they are afraid for their safety.
Elliott said she has a neighbor that could not be at the public hearing due to being in the
hospital and the signatures that Vega gave to the Planning Board must be from the people that sold the land to Vega. Elliott said that this was supposed to be a small business and it has gotten out of hand and is not in a good location at the top of the hill along Whites Memorial Rd. Elliott said that sometimes owners must move businesses if it outgrows
their location and that this location is not designed for large trucks, and it is no longer safe
for anyone to ride bicycles in the area. Elliott stated that the posted speed limit is fifty-five miles per hour, but trucks are going as fast as possible to get uphill. Elliott told the Planning Board that many neighbors were going to be at the public hearing but could not
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come and that they are glad that the business is growing but it needs to move to another location.
Alex Williamson, 2259 Whites Memorial Rd, Franklinville, told the Planning Board that he talked to all neighbors and said that drivers cannot see the driveway to the business until the trucks are at his driveway. Williamson further stated that people do not drive the speed limit and there are tire marks on the road in front of the house from where vehicles
have had to stop quickly. Williamson informed the Planning Board that Vega was already
working and grading in this area for the proposed building and that material is already leaving from the proposed site anywhere from 6:00 A.M. until midnight. Williamson said that Vega had not asked him about signing anything from the adjoining property owners before the public hearing. Williamson stated that this community is where he wants to
raise his family and this proposed building will be in his back yard and that he wished it
could be stopped and it might be time for Vega to move the business to another location. Williamson further told the Planning Board that Vega’s statement regarding two trailers at the site a week was not correct and that it was eighteen-wheelers at the site at least twice a week but other trucks and trailers in and out of the site every day. Williamson
told the Board about seeing employees riding on the front of forklifts and not following any
safety policies and that he wished the business the best, but it should not be on Whites Memorial Rd. Curl returned to tell the Planning Board about big sheets of metal in the field and that she
is concerned about her safety during storms and wonders what is there to keep the
material on the site from flying around during bad weather. Vega returned to address the concerns raised by the neighbors and told the Planning Board that he has never known of any issues and to check the records at the Sheriff’s
department. Vega stated that Curl is deaf and there is no way she could hear “Mexican”
music from the site. Vega stated that he does not pay attention to what the words say, and they just have the music on. Vega related how a Sheriff’s Deputy has come to the site several times after receiving complaints about the loud music coming from the site and the Deputies checked the site and found there was nothing to report but to keep the
music turned down to not bother the neighbors. Vega stated that his office is behind the
shop and if the music was as loud as the neighbor’s claimed, he would not be able to work. Vega said that he wants more customers and if the music is so loud, he would not be getting more customers and that it was true that Whites Memorial Rd has changed over the years, but it is not because of his business, and he has no control over how fast
people are driving. Vega said that he was not lying about trucks coming in and out and
that he can prove his statement based on his invoices and that there is no problem seeing the driveway to the business. Vega said that he cannot do anything because the neighbors came after his business was there and that he does not have the money to move the business and he needs the extra space for the business.
Cable asked about the hours of operation and Vega said that when he first purchased the property and opened the business, the hours were 7:00 a.m. to 7:00 p.m., Monday through Saturday and those are the same hours right now and that this year his business
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has been slow.
Cable asked that if the new building was approved and with the raw materials coming
into the site, would there be a way to design everything so that trucks could pull into the property and then turn around instead of backing in from Whites Memorial Rd. Vega responded by saying that trucks do not back into the site unless they are a new driver coming to the site for the first time. Cable asked if the fifty-three feet trucks could pull into
the site and turn around on the site and Vega responded that most trucks pull in and then
turn around. Cable restated the hours of operation of 7:00 a.m. to 7:00 p.m., Monday through Saturday, and asked if there were any buffers to help quieten the sound or noise. Vega
again stated there was no noise coming from the business but that employees do a lot of
welding, and someone may drop a piece of tubing, etc., and that could cause some noise. Cable asked for clarification of the number of employees at the site and Vega said there were eight employees—three in the office and five in the shop and the office is only open
from 8:00 a.m. to 5:00 p.m., Monday through Friday, and the shop is open from 7:00 a.m.
to 7:00 p.m. Monday through Saturday. Austin asked how many of the fifty-three feet trucks and trailers enter the property and Vega said usually it is three a day maximum per day. Austin asked the length of the other
trailers that come to the site and Vega answered that they are thirty feet. Austin said that
with the length of the trailers and the posted speed limit of fifty-five miles per hour and turning into a blind entrance that could be a dangerous situation. Vega said the area is safe for people that live there all the time and that he sees the same cars come by the site every day.
Austin asked Vega if he installed the mirror at this location. Vega responded that he had to put up the mirror since NCDOT said they could only put-up signs and that the property owner would have to install a mirror and that he purchased this property and building with the intent of working there into the future.
Davis asked about the possibility of making the entrance safer and Vega said that he was going to do a loop drive around the site but has not moved forward with a new drive due to complaints from the adjoining property owners.
Davis asked how wide the existing drive is and Vega said it is forty feet wide and that he
lets a neighbor use the drive to access their property. Vaughan said that she can empathize with both the property owners and Vega. Vaughan stated it is a beautiful area but it’s in the County and she also owns a business and trailers
pulling into her business. Vaughan petitioned NCDOT to reduce speed along the road to
her business due to logging trucks traveling the road doing almost seventy-five to eighty miles per hour with residential traffic. Vaughan stated that this is the nature of having a business, but you must make it work for everyone and that the County wants commercial
Planning Board Minutes July 12, 2022 Page 15 of 19
growth to expand. Vaughan said that the Planning Board wants to do everything it can so that Vega could give the property owners a nice buffer to help cut the noise and
Vaughan said that she was not suggesting a buffer because she owns a nursery but
because it could help make the situation better for everyone involved. Vega said that it takes longer for certain trees to grow and if he must put in a buffer, the access to the property will be cut down since the drive is on the property line and he does
not use the other drive on the site to avoid bothering neighbors. Vega stated that he would
consider putting trees in along the property line. Williamson returned to ask asked how far the new building is from his house and Vega responded that the new building is approximately 150 feet from the property line and
Williamson and Planning Board members pointed out that this is not what the site plan
shows. Austin asked if the property is currently covered with metal and can that metal be moved into the building. Vega responded yes. Austin asked how tractor-trailers get into the site
and turn around to which Vega replied that the trucks turn around in the existing parking
area. Beeson asked if the new building would have dock doors. Vega responded that there will a dock door on the right side of the building and no dock doors facing the adjoining
residences.
Williamson stood to readdress the Planning Board and said that the business is open and operating seven days a week and it is not only the construction noise but also the loud music. Williamson said that the Sheriff’s Deputies have shown up at the site due to
noise complaints and the business will turn the music down for about thirty minutes after
law enforcement is gone. Pell closed the public hearing for discussion and a decision by the Planning Board.
Beeson asked if the Planning Board could put conditions on the property and Morgan
replied that the Board could put conditions on the property but that the owner would have to agree to those conditions. Hedrick stated that it looks like this business is an evolution from a Special Use Permit
and then a Conditional District Permit. Hedrick asked if the hours of operation were part
of the rezoning and where did 7:00 a.m. to 7:00 p.m. hours come from? After reviewing the previous Special Use Permit and Conditional District Permit there was nothing on either permit regarding the hours of operation.
Dale stated that per the Ordinance if noise is an issue, the Planning Board could require
HI – Heavy Industrial zoning. Cable stated that he felt that this operation is more of a light industrial business.
Planning Board Minutes July 12, 2022 Page 16 of 19
Hedrick asked if there were any other similar operations or businesses in this area to which Austin replied that there is nothing else like this on Whites Memorial Rd.
Davis said that it seemed to him like the business has changed from the original intent, but it has grown and wants to expand, and he would suggest that the Planning Board should be trying to help the community from expanding by requiring a buffer and asked the Planning Board members if the buffer seems to be appropriate for this request.
Austin said that he would suggest that the entrance be expanded to make it safer due to the dangerous location on Whites Memorial Rd. Beeson said he would like to clarify the hours of operation to exclude Sunday operations.
Pell asked Vega if he heard what the Planning Board is suggesting which is to (1) add a buffer and (2) make the driveway wider. Vega said that he could not make the drive any wider. Pell stated that the property, according to the site plan is 245 feet wide and the Planning Board was asking for a driveway no wider than seventy feet.
Beeson said he thought a driveway of forty to fifty feet wide would be sufficient to address the concerns raised during the public hearing. Cable asked Vega if he was going to be grading the proposed gravel drive to go around
the building and take the drive to the back property line. Vega responded that he would
not be grading for a new driveway and that the driveway at the front is existing and there is no room to make it larger. Pell asked Vega why he could not widen the drive and Vega answered that the drive is
already as wide as it could be based on the site. Pell said that this is not what the
submitted site plan shows. Morgan advised the Planning Board to provide Vega with a list of conditions for the property and if Vega does not agree to the conditions, the Planning Board could deny the
request. Vega said it is still the same thing.
Austin asked if the proposed building will be enclosed, and Vega stated that the proposed building will be closed on the sides but open on both ends.
Pell asked Vega again about the conditions mentioned earlier.
Morgan stated that all the conditions must be listed in the application and agreed to by the applicant.
Cable asked Vega if he could stop operations at 5:00 p.m. on Saturdays to which Vega
answered yes if he was still able to access his office as needed. Pell asked about the specific hours of operation of 7:00 a.m. to 7:00 p.m., Monday through
Planning Board Minutes July 12, 2022 Page 17 of 19
Friday, and 7:00 a.m. to 5:00 p.m. on Saturday. Vega stated that those hours will work but he still wants to be able to go to the office after hours as needed.
Davis asked Vega if he would put in a sixty feet drive and Vega said he would have to measure the property to be sure. Joyce asked Vega if the business is using the entire side property line for the drive and
Vega stated that he is using that property line as the drive.
Davis asked about the type of buffers that should be required. Joyce said that if the Planning Board requires a larger driveway and buffers, then it could
result in a smaller buffer area.
Cable suggested a buffer along the south property line close to the neighbor that lives in the mobile home.
Vaughan stated that most municipalities and counties require something planting to be
the size of a four-feet-tall at the time of planting in a single row and that would probably be sufficient. Hedrick said that Google shows the existing building as being set back sixty feet from
Whites Memorial Rd.
Morgan reminded the Planning Board that they needed to be very specific on the conditions that they were requesting.
Beeson stated that the Planning Board was discussing a buffer and the Board needs to
decide the area for the buffer whether it be from the proposed building corner to halfway to the existing building so it could be seen or another option for buffering. Pell mentioned the existing trees showing on the south line and Vega stated that those
trees have been removed.
Vega suggested a buffer from the back corner of the existing building all the way along the property line, but the neighbors need to know the buffer will be close to their home.
Cable said that he would suggest buffers based on the photo with the red line in the
agenda to go from the top property corner along Whites Memorial Rd to the other property line with a Level II buffer starting at the drive and then going north then west to sixty feet from the road on the south property line and then from the rear corner of the proposed building up to the corner at White Memorial Rd and that would put all the buildings inside
of a buffer.
Vega said that on the northeast side of the property there is a slope, and that side of the property faces a farm, and the building would still be seen by the adjoining property
Planning Board Minutes July 12, 2022 Page 18 of 19
owners.
Pell asked about putting a buffer on just the south side of the building to help the adjoining
property owners. The Planning Board then requested a Level II buffer be installed from the rear of the existing building to the corner along the south property line. The rezoning application was updated to reflect the following conditions:
1. Hours of operation: 7:00 a.m. to 7:00 p.m., Monday through Friday, and 7:00 a.m. to 5:00 p.m. on Saturdays. 2. Level II buffers are to be installed from the rear of the existing building along
the southern property line to the rear corner.
3. The existing driveway must be expanded to fifty to sixty feet in width. Vega signed the updated rezoning application with the revised conditions.
Davis 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. Having no further business, Pell called for a motion to adjourn the meeting. Beeson made
the motion to adjourn, with Joyce making the second to the motion and the motion was
adopted unanimously. The meeting adjourned at 9:00 p.m., with 21 citizens present.
RANDOLPH COUNTY NORTH CAROLINA ________________________
Planning Director
Planning Board Minutes July 12, 2022 Page 19 of 19
_________________________ _______________________________ Deputy Clerk to the Board Date
Approved by the Randolph County Planning Board August 2, 2022
Frankie David Owens
Big O's Hydro Dipping, LLC
Request for Special Use Permit
By Randolph County Planning Board
July 12,2022
Exhibit One
Exhibit Two