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08AugustBOAZoning Board of Adjustment Minutes August 2, 2022 Page 1 of 11 RANDOLPH COUNTY ZONING BOARD OF ADJUSTMENT MINUTES August 2, 2022 The Randolph County Zoning Board of Adjustment held its scheduled public hearing on August 2, 2022, at the 1909 Historic Courthouse, 145-C Worth St, Asheboro, NC. Chairman Reid Pell called the meeting to order at 6:30 p.m. and welcomed those in attendance. County Attorney Ben Morgan called the roll of Planning Board members: • Reid Pell, Chair, present; • Wayne Joyce, Vice-Chair, present; • John Cable, absent; • Kemp Davis, present; • Melinda Vaughan, absent; • Reggie Beeson, present; • Ken Austin, present; • Barry Bunting, Alternate, sitting for John Cable, present; • Brandon Hedrick, Alternate, sitting for Melinda Vaughan, present. Morgan informed Pell there was a quorum of the Board members present. Pell called for consideration and approval of the consent agenda • Approval of the agenda for August 2, 2022, Zoning Board of Adjustment meeting. Davis made the motion to approve the consent agenda as presented, and Austin made the second to the motion to approve the consent agenda as presented. Pell, having a proper motion and a second, called the question on approving the consent agenda, and the Board members voted unanimously to approve the consent agenda. Pell asked the Board if there were any conflicts of interest with the case before them. Hearing none, he asked Morgan to proceed with the case. Morgan presented the case along with site plans and pictures of the site and surrounding properties. VARIANCE REQUEST #2022-00001911 Zoning Board of Adjustment Minutes August 2, 2022 Page 2 of 11 The Randolph County Zoning Board of Adjustment will hold a duly published and notified Quasi-judicial Hearing on the Variance requested by JAMIE CRUMLEY, Asheboro, NC, to use the property located at 2469 Old Cox Rd, Grant Township, Tax ID #7678098499, 30.48 acres, CEO-CD - Commercial Environmental Overlay - Conditional District. in a way not permissible under the literal terms of the Randolph County Unified Ordinance. It is the desire of the applicant to obtain a Variance to specifically allow a meat processing facility as per the site plan in the CEO-CD – Commercial Environmental Overlay – Conditional District in lieu of the HI – Heavy Industrial District zoning required per the Randolph County Unified Development Ordinance. Morgan administered the oath to Jamie Crumley. Crumley passed out a packet of information to the Board. See exhibit one at the end of these minutes for the full packet that is referenced in these minutes. Crumley stated that farmers have asked her if the taxidermy business previously approved by the existing Conditional District Permit was able to process animals. After doing research, Crumley said that there seems to be a great need in this community to allow farmers and homesteaders to have a place close to home to have their animals processed. Crumley relayed to the Board how she had traveled the country learning the business and various means of processing the animals. Crumley said that she talked with former Planning Director Jay Dale about her plans to do the meat processing and Dale advised her to obtain a variance. Crumley told the Board of Adjustment that Randolph County is the number one beef-producing county in all of North Carolina and that there are no “true” slaughterhouses in Randolph County like the one she is proposing and that there are few options for homeowners to receive this service. Crumley mentioned that the President in his State of the Union address about needing more businesses and people to help with food supply chain issues that have been going on for several months. Crumley said that the largest part of this project has been overcoming the stereotypes that many people have when they think of a slaughterhouse and that she is trying to encourage citizens to buy local and the need to produce the product locally led her to explore this option and she is working to change the mindset of citizens. Crumley referred the Board of Adjustment to her handout and page four where there was information on the Heavy Industrial zoning district. Crumley pointed out that the zoning district allows small facilities of an agricultural nature. Crumley then directed the Board of Adjustment to page seven which listed residential areas with some agricultural uses. Crumley said that the building at the top is a processing center. Crumley also said that in an agricultural setting, you can slaughter your animals and that two other people at the public hearing are in the “environmental overlay” and do their animal slaughters on their farm. Zoning Board of Adjustment Minutes August 2, 2022 Page 3 of 11 Crumley told the Board of Adjustment about Dr. Mary Temple Grandin, Ph. D, animal scientist, academic, and animal behaviorist at Colorado State University, that Dr. Grandin is her mentor on this process and that Dr. Grandin may come to this site if it is approved. Crumley told the Board of Adjustment that Colorado State University has the same type of facility in the middle of the university campus, but no one knows that the site is on the campus since the site is environmentally sensitive and the University works to make sure that it has no impact on the campus. Crumley then called the attention of the Board to page nine of her exhibit. Crumley described that her proposed building is what is being shown as an example and that the building would have interior holding pens and would be smaller buildings that do not meet the definition of buildings normally seen in the Heavy Industrial zoning and the size and design of the building is why Dale suggested the variance instead of rezoning the property to Heavy Industrial as required by the Randolph County Unified Development Ordinance. Crumley said that farmers and homeowners are wanting to do a few animals for their use. Crumley then turned to page twelve in her exhibit and said that the buildings in the pictures are examples of what their building would look like if the request was approved. Crumley said that the map on page thirteen shows the proposed site of the building, and that page fourteen is the submitted, proposed site plan for the operation. Crumley then addressed four tests that are listed in the Randolph County Unified Development Ordinance, Article 600: Zoning Ordinance, Section 605: Quasi-Judicial Zoning Decisions, Subsection D: Variances and that must be answered for the variance request to be approved. Crumley started by addressing the hardship of the property. The hardship, as identified by Crumley, is the lack of access to the municipal sewer. Crumley said that her property has a sewer easement at the rear of the property and the disposal of water, water waste, and runoff is the biggest problem and septic systems are not the preferred method of disposal. See the letter on page sixteen in the exhibit for information received from Brett Higgins, Senior Project Manager, for Pyramid Environmental and Engineering, who was not present for the public hearing, that stated that the variance should be approved due to access to the municipal sewer. Crumley told the Board that the community has been supportive of her proposal, and she asked for those in support to stand. Twenty citizens stood in support of the request. Crumley said that she is trying to offer a much need facility in the community and that it is not a Heavy Industrial use and that she has been heavily involved to make this proposal an option for the agricultural community in Randolph County. Crumley also mentioned the petition on pages twenty-four through page twenty-seven in her exhibit. Crumley stated that the petition opened on Friday online for those in favor of the request and it currently has 336 signatures in support of the request. Zoning Board of Adjustment Minutes August 2, 2022 Page 4 of 11 Pell asked if there were any questions from the Board members. Davis asked about the number of heads that could come through the facility on an average day and Crumley answered, that maximum, there would be eight to ten animals per day. Davis asked about having a holding facility and Crumley replied that there would be small, enclosed holding pens. Davis again asked about the maximum number of animals that would be at the sight and Crumley said the max that her facility would hold would be ten and that animals would not be kept at the location for over twenty-four hours. Hedrick asked about the processing facility and Crumley stated that the processing facility is in the City of Asheboro and this location is just the initial facility. Austin asked if there would be a chilled room in the building and Crumley said there would be a chilled room in the building as she pointed it out on the site plan. Beeson said it was his understanding that Crumley could do four to five animals and once she went over that number, the United States Department of Agriculture (USDA) would regularly inspect the site and a USDA inspector must be always on-site. Davis asked about the discarded waste from the slaughterhouse and Crumley stated that Valley Protein would take all the waste from the site and refine it for other uses and that a truck would come to the site daily or a couple of times a week and the waste product inventory would be small. Davis asked how the waste would be stored and Crumley said that the waste products would be kept in a separate cooling unit to prevent flies, etc. Pell asked if there were any more questions from the Board. Hearing none, Pell asked if there was anyone else in favor of the request that wished to speak. Bob Crumley, 5224 Wall Brothers Rd., Sophia, the father of Jamie Crumley, took the oath and addressed the Board by saying he was the Chair of the Board for the Randolph County Economic Development Corporation but that he was not present as the Chair but as a proud father and an adjoining property owner. B. Crumley said he hears a lot about agricultural uses in the County but is anything going to be done to protect the agricultural community? B. Crumley told the Board that this location is where this type of business needs to be and not at the Greensboro-Randolph County Megasite or a sixty acres parcel. B. Crumley said that the size of the building as shown on the site plan would serve the farmers in Randolph County as other similar facilities are anywhere from eighteen to twenty-four months behind schedule and they are making appointments for animals that are not born yet. B. Crumley stated that many Randolph County farmers are going to other states like Alabama to get their animals slaughtered for their use. B. Crumley said that the site would be more of a “boutique style” facility that is greatly needed in the area and that this facility would protect the Zoo and could not expand in the future without the Board’s approval. B. Crumley also stated that the proposal had Zoning Board of Adjustment Minutes August 2, 2022 Page 5 of 11 obtained numerous letters of support as shown in the exhibit and tremendous support from the farming community. B. Crumley said that no one was more thorough or concerned about the ethical treatment than his daughter, Jamie Crumley. Jay Winslow, 6323 Coble Church Rd., Liberty, rose to address the Board and was sworn in by Morgan. Winslow said that is the owner and operator of an emu and ostrich farm and that he often sells directly to consumers and restaurants there is a dire need for a facility of this type as he is currently taking his birds to Alabama due to the lack of local, timely processing. Winslow stated that the facility in Alabama could not process all his birds in 2021 due to high demands for their service and he had to carry over animals this year, that COVID-19 has caused even more problems with the facilities and employees. Winslow said this facility is needed to serve the Randolph County community as it will allow the farmers to expand and keep more money here for the farmers to spend on employees. Clifford Elliott 9540 High Pine Church Rd., Denton, rose to speak, and Morgan administered the oath. Elliott told the Board that he has been farming since 1971 and his son is a fifth-generation farmer, and they raise grain and beef cattle. Elliott said that they must go somewhere else to get the beef cattle slaughtered and a business of this type is needed in the County, and he is in support of the request and would like to see more processors of this type in the County. Myles Knipper, 1211 Billy Walker Rd., Asheboro, rose to address the Board and Morgan administered the oath. Knipper told the Board that he and his wife are local homesteaders in Asheboro after he and his wife quit their jobs and moved to this area from Raleigh so they could pursue ethical farming and work on environmental quality. Knipper said that they practice ethical farming and they have four pigs and several chickens and they do not use any genetically modified organisms with their animals and their biggest problem has been trying to find a processing facility that will treat the animals ethically and various delays have made it impossible to have their animals slaughtered. William Moss, 5840 Buffalo Ford Rd., Ramseur, was sworn in by Morgan and told the Board that he owns a certified beef cattle farm in Ramseur and the only way he can sustain his lifestyle is to have a facility like Crumley is proposing. Moss said that the processor facilities are currently booking eighteen to twenty-four months out and if he passes on an appointment now, he will have to wait that same period to have his animals processed. Moss said that Crumley had visited his farm and that fifty to sixty percent of cattle are going out of state to be slaughtered and he wishes that he had thought about starting this type of facility. Bryant Madren, 4361 Fairview Farm Rd., Asheboro, NC, was sworn in by Morgan and told the Board that the need for this type of establishment has been established by the testimony and said that Crumley is a neighbor and business owner for the proposed business and that it is not in municipal limits and is approximately six miles from US Hwy 64 E and he estimates that the business would generate approximately $25,000.00 in sales tax besides the property tax. Madren said that the proposed business is not on top Zoning Board of Adjustment Minutes August 2, 2022 Page 6 of 11 of the Zoo and there is very limited Zoo access due to the new entry. Madren stated that the proposed facility would not be seen from the road, and he explained the USDA inspection process. Madren said that if the facility and the meat are USDA inspected, they can sell the meat to people and various businesses but without the USDA inspection process, the meat must be marked as not for human consumption and this facility will allow farmers to have an avenue to generate cash flow for their operations. Pell asked if there was anyone else that would like to speak in favor of the request. Hearing none, Pell asked if there was anyone that would like to speak in opposition to the request. Laura Price, 2567 Old Cox Rd, Asheboro, was sworn in by Morgan and told the Board that she lives right beside the proposed location and the area is a highly residential area with children that needs to be considered when making this decision. Price said that she understands that it is a needed facility but not beside her house which she has lived in for over fifty years. Price stated that Crumley bought the property from her grandfather and that she has Special Use Permit to place an additional mobile home on her property and wants to be sure that this proposed facility will not prevent her from putting the mobile home on her property. Price went on to say that there are commercial operations in the area, but they are not on top of existing residences. Price said that there are signs at the Zoo that direct traffic onto Old Cox Rd and with the proposed business, it will increase traffic due to trucks coming to the property along with increased runoff and animal waste. Price asked the Board what the proposed business would do to the environmental area and if there have been any environmental studies done to access the impact of the proposed building. Price told the Board that the website for the business says that the hours are 9:00 am to 5:00 pm and during turkey season, the facility would be open for nineteen weekends and that potential noise pollution has not been mentioned and that hunters that she has talked to do not want the business in this area. Price stated that if the Board approves this request, they will be telling the citizens of the County that money is more important than the people who built the County and have farmed or owned family land for many years. Patsy Simmons, Asheboro, was sworn in by Morgan and related to the Board that she is the Director and Chief Executive Officer of the Zoo and what Crumley is proposing is a great idea and her concern for animal welfare is amazing and she understands what the farms are saying about the need for this type of facility. Simmons told the Board that the reason she is speaking at the public hearing is due to the location of the proposed facility. Simmons reminded everyone that for the State of North Carolina to locate the Zoo in Randolph County, the County had to adopt the First Environmental District regulations and it was designed low density around the Zoo. Simmons went on to state that there are no Heavy Industrial Districts in the area due to loud trucks, coolers, and other objectional operations that would destroy the environment that the State wants around the Zoo. Simmons stated that the municipal water and sewer are at the request location due to Zoo and that the Zoo has a $180,000,000 impact on Zoning Board of Adjustment Minutes August 2, 2022 Page 7 of 11 the Randolph County economy and that the Zoo would like to work with Crumley to provide bones for the lions, but the proposed facility would be next to the research center and the veterinary facility. Simmons told the Board that “real work” happens behind the scenes of the Zoo and that they need quiet spaces for the animals. Simmons stated that she heard the number of 18,000 animals are stacked up at various slaughterhouses and she does not think this boutique facility will be big enough to help with the backlog and she would like to find a way to solve this problem but not in the First Environmental District. Simmons said that when Crumley first came before the Planning Board for the three mini-cabins and the taxidermy shop, the Zoo had no concerns, but they are concerned with an industrial operation that does not belong at this location. Simmons concluded by saying that she supports farms and Crumley, but this is a bad location and the plan for the Zoo shows that the Zoo will continue to grow in this area. Walker Moffitt, Asheboro, was sworn in by Morgan. Moffitt told the Board that he was present at the public hearing representing the Zoo Council which is appointed by the Governor of the State of North Carolina. Moffitt said that the issues boil down to the location and that the proposal is not allowed by the Randolph County Unified Development Ordinance nor is it compatible with the surrounding land uses. Moffitt stated that the Zoo Council requests that this request be denied. Chris Scott, Asheboro, was sworn in by Morgan and said that he was a resident of Asheboro and a member of the Zoo Society. Scott told the Board that the letter in Crumley’s exhibit is a letter of support for a grant application and not a letter of support for the variance request as this the proposed facility should not be built in this location. April Hernandez, 2507 Old Cox Rd., Asheboro, rose to address the Board and was sworn in by Morgan. Hernandez said that the traffic is bad and the back entrance to the African area of the Zoo has dangerous curves she realizes that progress will happen. Hernandez said that she was okay with cabins and taxidermy and that she used to live beside Randolph Packing and that facility always had an odor and the proposed facility is not needed and that it would likely grow to more than ten animals a day. Hernandez said that no one wants to go to the Zoo and see or know that animals are being slaughtered next door. Pell asked if there was anyone else in opposition to the request. Hearing none, Pell closed the public hearing for discussion among the Board members. Morgan recapped what was said during the public hearing portion of the meeting. Davis said that there is a dire need for this type of facility and that municipal water and sewer are at this location but that this is a tough case for this Board as the proposal is going beyond a variance. Zoning Board of Adjustment Minutes August 2, 2022 Page 8 of 11 Davis asked if the Randolph County Unified Development Ordinance allowed for a Variance in the First Environmental District and could this use be allowed in the First Environmental District. Morgan stated that this type of application is unusual and that Crumley was advised by Dale to apply for a Variance due to the boutique nature of the operation. Morgan said that our Randolph County Unified Development Ordinance requires a Heavy Industrial District zoning, but that Crumley did not think that the Heavy Industrial District reflected what she wanted to put on the property. Morgan said that the Randolph County Unified Development Ordinance says what it says and that a Variance is for a different amount of road frontage, or a different lot size and that this variance is for an exception to the Randolph County Unified Development Ordinance. Morgan said that the simple answer is neither a “yes” nor a “no” answer. Davis said that Crumley did a great job with the boutique nature of the operation so it would not be like the commercial operations around the County, and he would like to think the variance could work. Austin asked Morgan if the variance could be reworded to make it fit the situation and Morgan responded that the application states what Crumley is requesting. Hedrick said that the Table of Permitted Uses in the Randolph County Unified Development Ordinance says that the proposal needs Heavy Industrial zoning and that the site plan and operations would still need to meet the requirements of the Randolph County Unified Development Ordinance and Morgan said that Hedrick was correct. Beeson stated that he missed the hours of operation and Crumley stated the hours of operation of 9:00 am to 5:00 pm, Monday through Friday for cattle processing and that all deer processing would be taking place in the City of Asheboro. Austin asked how visible the facility would be to the North Carolina Zoological Park, (Zoo,) employees and the traveling public. Austin wondered if the building could be moved back and change the signage to limit public knowledge. Since the public hearing had been previously closed by Pell, Davis made the motion to re-open the public hearing to obtain more information from Crumley and Austin seconded the motion to re-open the public hearing to obtain more information from Crumble. Pell called the question on the motion to re-open the public hearing to obtain more information from Crumley, and the motion was adopted unanimously. Austin spoke to Crumley and said that she heard the comments from various Zoo agencies and asked if she wanted to respond to their comments. Crumley said that her biggest focus is the First Environmental District and the agricultural uses but that her Zoning Board of Adjustment Minutes August 2, 2022 Page 9 of 11 proposed building is a 2,800 sq. ft. building and some people are doing this business in mobile units but that she would do whatever is necessary to make it work. Austin asked Crumley that assuming her business is successful, would she want to expand at this location and Crumley responded, “No.” Pell said that if the site would ever be expanded, Crumley would have to come back before the Planning Board for approval. Morgan said that any changes would require Crumley to come back to Planning Board. Joyce asked Crumley how many cows a year she would expect to process, and she said around 3,000. Davis said that, based on previous testimony, they would be processing ten cows a day but asked Crumley how many days a week the facility would be in operation, and she replied five days a week, but she will not know until the facility is built. Joyce said that 200 working days a year would translate into 2,000 cows a year. Beeson said that this would be the slaughter facility the but packing facility would be in Asheboro and Crumley responded “Yes,” and the meat would be held in refrigeration for fourteen days. Hedrick said that there are streams and no-cut buffers on the property, and he would not put something on the property that would not be good for the area. Pell reclosed the public hearing. Several members of the audience asked to speak against the request again, but Pell and Morgan said they re-opened the public hearing to get more information from the applicant. Davis said that his concern is for the Zoo and that this request will make an impact and he could not see how it would not impact the Zoo and, based on the testimony tonight, everyone wants to protect the Zoo. Pell said that he has been on the Board for several years and he has heard many variances and this one is different from all the others. Davis said that what Crumley has brought is well designed and would be hard to put conditions on the site and he is still concerned about how much this would impact the Zoo. Hedrick said that based upon the Randolph County Growth Management Plan policies 4.1 and 4.7, this decision is a “no brainer.” Policy 4.1 says, Zoning Board of Adjustment Minutes August 2, 2022 Page 10 of 11 “Provide for sites in Randolph County jurisdiction where rural commercial activity can locate; with the goal of increasing economic activity; job creation, and the provision of services to the rural community.” Policy 4.7 states: The County should encourage the use of rural business overlay districts to provide locations where compatible rural land uses such as neighborhood retail and service establishments can be located in general proximity to established rural residential areas with the goal of reducing automobile travel distances and promoting better livability in the rural community.” Davis read the four tests for a variance from the Randolph County Unified Development Ordinance: (1) Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, in the absence of the Variance, no reasonable use can be made of the property; (2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardship resulting from conditions that are common to the neighborhood or the public, may not be a basis for granting a Variance. A Variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability; (3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing the property with knowledge that circumstances existing that may justify the granting of a Variance is not self-created hardship; and (4) The requested Variance is consistent with the spirit, purpose, and intent of the regulation such that public safety is secured and substantial justice is achieved. Davis made the motion to approve the variance from the Randolph County Unified Development Ordinance on the specified parcel(s) on the Variance application, based upon the sworn witness testimony that is included in the minutes, as well as the site plan(s) with all agreed-upon revisions, that unnecessary hardship would result from the strict application of the Ordinance, that the hardship results from conditions that are peculiar to the property, or that the hardship did not result from actions taken by the applicant or the requested variance is consistent with the spirit, purpose, and intent of the Ordinance such that public safety will be secured and substantial justice is achieved. Bunting made a second to the motion to approve the Variance. Zoning Board of Adjustment Minutes August 2, 2022 Page 11 of 11 Pell called the question on the motion to approve the Variance request. The vote of the Board was 5 to 1 with Joyce voting to not approve variance. As required by the Randolph County Unified Development Ordinance, a Variance requires a 4/5th majority and, due to an error in counting the results, Morgan announced that the Variance was denied. Having no further business, Bunting made the motion for the Zoning Board of Adjustment meeting to adjourn. Austin seconded the motion. Having a proper motion and second, Pell called the question on adjourning the meeting. The Zoning Board of Adjustment members voted unanimously to adjourn the meeting. The meeting adjourned at 8:02 pm, with 81 citizens in attendance. After the conclusion of the Planning Board meeting the same night, it was discovered that the vote tally for the Variance request was incorrect. The vote was 6 to 1 to approve the Variance, therefore, meeting the 4/5th majority requirement. Morgan said that he would contact the applicant and the Zoo and relay the information and apologize for any confusion. RANDOLPH COUNTY NORTH CAROLINA ________________________ Planning Director __________________________ _______________________________ Clerk to the Board Date Approved by Randolph County Zoning Board of Adjustment September 13, 2022