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08AugustPBPlanning Board Minutes August 2, 2022 Page 1 of 10 RANDOLPH COUNTY PLANNING BOARD MINUTES August 2, 2022 There was a meeting of the Randolph County Planning Board on Tuesday, August 2, 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. 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 agenda for August 2, 2022, Planning Board meeting. • Approval of the minutes from July 12, 2022, Planning Board meeting. Bunting made the motion to approve the consent agenda as presented, with Beeson 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, Morgan presented the first case 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 Planning Board Minutes August 2, 2022 Page 2 of 10 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 or better as per the site plan. Pell opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. Evelyn Hernandez, 131 S Birch Ave, Siler City, speaking on behalf of Mr. Garcia, explained the changes that were made to the plat presented at the previous meeting, addressing the concerns that were made. She said the new plat shows the easement extended to three, allowing tract four to have additional road frontage on US Hwy 64 E and reflect the proper setbacks as required. Davis asked about the access to tract four. Hernandez said the original plat showed tract four having less access on US Hwy 64 E and it has been widened to allow the proper setbacks from the creek as required. Bunting asked if the lots would have individual well and septic tanks for each. Hernandez answered yes. Jim Rains, 7929 US Hwy 64 E, Asheboro, said he is an adjacent property owner and is in favor of the request. He said that Garcia has made changes to his request to reflect the concerns that were expressed at the previous meeting. Raines also asked the Board to note that his property has been an active farm since 1901 so there are no problems in the future. Davis asked Raines if he had stated that he was in favor of the request. Rains answered yes. Pell asked if anyone else would like to speak in favor of the request. Hearing none, Pell asked if anyone would like to speak in opposition to the request. Hearing none, Pell closed the public hearing for discussion among the Board members and a motion. Bunting said based on what has been heard tonight, the revisions that were made to Garcia’s original request, and having no opposition he would make a motion. Hedrick thanked Garcia for re-visiting the original plan, and for making the changes recommended by NCDOT to help keep citizens safe. 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 Planning Board Minutes August 2, 2022 Page 3 of 10 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. Pell called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. Morgan presented the second case, site plans, and pictures of the site and surrounding properties. REZONING REQUEST #2022-00001825 HAROLD KOGER, McLeansville, NC, is requesting to rezone 3.10 acres along US Hwy 64 W, Tabernacle Township, Lake Reese Balance Watershed, Tax ID #7712437632, Step Three, Inc, Subdivision, lot 2, Secondary Growth Area, from RA - Residential Agricultural District to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a proposed 70 ft. by 125 ft. retail building with a 50 ft. vegetative buffer as per the site plan. Pell opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. Daniel Stickler, 5607 Tradd Dr., Greensboro, addressed the Board and passed out binders to each member which included two plats and multiple property descriptions of surrounding properties and their commercial uses, (Exhibit 1A, Exhibit 1B, and Exhibit 1C). Stickler referred to Plat 1 (Exhibit 1A), as being a potential use for the property under the present zoning (Residential Agriculture), which would allow multiple poultry houses and would not be the highest and best use for the property. He explained that the highest and best use, in his opinion, is demonstrated on Plat 2 (Exhibit 1B), illustrating an approximately 8750 square foot retail building with two entrances to the property. Stickler said one entrance would be off Robbins Cir and the other entrance would be US Hwy 64. Stickler said his request was tabled from a previous meeting because he was not fully prepared to present the information. He said after talking to some of the neighbors to the property, he has added a fifty-foot, no-cut buffer to his previous plan to help lessen the impact to neighboring properties. Stickler continued to explain the seventeen properties listed in his binder (Exhibit 1C), that are approximately one mile to the east or west of his request and saying that his request is consistent with the surrounding area. He also said his request meets all the requirements needed for rezoning, and that there is already an existing retail store directly across the street. Davis asked Stickler to describe the proposed use of the building. Stickler said he plans to market the property for a retail store like the building across the street although he is Planning Board Minutes August 2, 2022 Page 4 of 10 only guessing what the use for the property will be because he does not have a potential tenant at this time. He said he also understands if the use were to require changes from his proposal, he would have to come back to the Board for approval again. Stickler said residential zoning does not reflect US Hwy 64 W as it did years ago. He said he has tried to address some of the concerns from neighbors and the entrances were determined after conversations with the NCDOT, including a separate entrance to the property to prevent travel on US Hwy 64 W if traffic is heavy. Nathan Hepler, 351 Tonya Dr, Thomasville, broker-in-charge for Hepler Realty, addressed the Board on behalf of Stickler. He said he has evaluated multiple sales transactions for the area, and it is his opinion that rezoning this property would not lessen the property values for the neighboring properties. Pell asked if anyone else would like to speak in favor of the request. Hearing none, Pell asked if anyone would like to speak in opposition to the request. Terry Yates, 3582 Stutts Rd, Asheboro, said he is a member of Bethel Baptist Church and is against the rezoning. He said crime has increased for the area since the Dollar General has moved nearby, and the community does not want another business to add additional crime to the area. Yates said the second reason they do not want a retail business on the property is because the back entrance to the property is directly across from the Church and cemetery. He said the seventeen properties Stickler described all have one thing in common and they do not have a house of worship in the backyard where distractions and noise are not needed. Yates said when someone is being laid to rest in the cemetery, it would be a shame to have traffic and noise from the business. Yates said having an access point on Robbins Cir, does not allow a complete 50-ft buffer across from the Church and the Church is very active and it also would be a shame to have extended noise and traffic while the Church has activities going on. Yates said the future expansion of US Hwy 64 W would more than likely take away the main entrance to the property on US Hwy 64 W and that will increase the traffic on Robbins Cir which can already be hectic at times when Church services are over. Yates also mentioned the proximity of the business to Tabernacle Elementary School and everyday there is a traffic jam for a while. He also said that altercations at the retail store will cause a lock-down situation for the school and these school children do not need additional emotional stress. Yates said in his opinion, this is the worst possible site on US Hwy 64 W for this commercial zoning because of the proximity to the Church. He said it is the Board’s responsibility to protect the citizens’ property and the seller would be the only one to benefit from the rezoning of this property. Planning Board Minutes August 2, 2022 Page 5 of 10 Jody Harrison, 838 Hidden Ct, Asheboro, Pastor of Bethel Baptist Church, asked if all of those in opposition to the request would stand. Eric Martin, Deputy Zoning Administrator, counted fifty-one people who stood in opposition. Harrison said he was pastor in 2010 when the request was previously brought before the Board for rezoning, and it was denied at that time and the Church has grown significantly since then. Harrison said the increased crime rate is a concern for them and another concern is that the living quarters on the Church property for guests of the Church will be directly across from the retail business, and the added traffic is not needed. He said if the business were allowed, it would prevent the Church from growing because of the limitations of watershed regulations. Brenda Wood, 4879 Robbins Cir, Asheboro, lives directly across from the Church. She said she moved to her property in 1994 because it is centrally located between Asheboro and Thomasville and in a quiet, rural community and she would like for it to remain that way. She expressed her concerns for the increased crime due to the Dollar General near- by, concerns for an entrance being located on Robbins Cir, and additional concerns for her property values. Ted Wood, 4879 Robbins Cir, Asheboro, expressed concerns of where they would build on the property due to the power lines running through the property as well as trying to find a level spot on the property due to the topography. He also said he has concerns of disturbing the deer crossing at his property. Jerry Robbins, 6133 US Hwy 64 W, Asheboro, expressed his concerns regarding traffic because it is already horrific. He said he understands someone wanting top dollar for their property but there is no protection for the ones that are already there because no one knows who will build on the property and what it will be used for. Tina Yates, 979 Mt Shepherd Rd, Asheboro, said she agrees with the previous comments. She said she is teacher at Tabernacle Elementary School and lives around the corner from Mt. Shepherd Methodist Camp. She said the traffic is horrible in the area and she also has seen an increase in crime for the area which is also a concern for having a school lockdown. Amanda Chriscoe, 4815 Robbins Cir, Asheboro, said she appreciates the fifty-foot buffer Stickler has added to his proposal, but she has concerns that the tenant or the new property owner(s) will change this proposal. She asked if changes to this proposal would require the Board’s approval as well. Pell said if the Board were to approve the request, no changes are allowed to the site-plan without additional approval. Chriscoe expressed concerns for the increased traffic as well. Randy Freeman, 7703 Farmer Denton Rd, Denton, said his family lives in the area and Planning Board Minutes August 2, 2022 Page 6 of 10 he sees the concerns. He said Stickler mentioned that he is being gracious not to develop the property larger than his site plan when in fact, he is near maximum impervious surface for watershed regulations. Freeman also said the sunrise and sunset is blinding for traffic on US Hwy 64 W depending on the direction of your travels, causing many accidents. He said if the Board approves the request, it will disturb the serenity and peace for the area. He asked for the Board to at least deny the access to Robbins Cir and only have access to US Hwy 64 W. Frank Hill, 222 Hoover Hill Rd, Asheboro, said he lives in the community. He said he didn’t understand how the real Estate professional stated that the development would not affect property values and the developer has stated that he does not know what will be on the property. Melissa Harrison, 838 Hidden Ct, Asheboro, said she is not only the Pastor’s wife, but also a mother and grandmother. She said the Dollar General has brought a lot of drug traffic to the area and she has concerns taking her grandchildren to the parking lot to ride their bikes and play. She said the safety for the homeowners in the area, the children and Church members are at risk if this is brought to their community. She expressed her concerns for the increased traffic as well. Wayne Delancey, 2209 Stutts Rd, Asheboro, said he lives in the community, and attends the Church. He said he does not like shell buildings because no one knows who will occupy the building. He said for example, what use to be Snyder Stone became a Fish Game business which you cannot control. Delancey said Stickler has told the Board what he would like to be on the property but does not know for sure. Having no one else in opposition of the request, Pell asked the applicant if he would like to address some of the concerns that have been presented. Stickler said he understands that the community doesn’t want the property disturbed but there are ways to develop the property that could be worse than what he has proposed. He said he has tried to propose what would be best for the community and his request is consistent with properties around it. He asked the Board to consider his request based on what is around it and not limit the rezoning based on emotions. Davis asked if he would be able to close the access to Robbins Cir if he chose to and Stickler answered yes. He said he added that entrance to his site plan for safety and it is not a game changer. He said he is forced to make his best guess as to what he feels would be marketable for the property and would like everyone to understand that if someone were to want to make changes to his plan, they would have to come before the Board again to request those changes. Pell closed the public hearing for discussion among the Board members and a motion. Joyce said traditionally you would locate a retail business somewhere like US Hwy 64, NC Hwy 49, Hwy 220 Bus, or Hwy 311, or any major road and not back in the woods. Davis agreed. He said the property is marketable for retail because of the location on US Planning Board Minutes August 2, 2022 Page 7 of 10 Hwy 64 W and favorable for commercial property. He said however, he sympathizes with the audience due to the proximity to the church. Joyce said he sympathizes with the church as well, but you must realize there is traffic around many churches and cemeteries such as Randolph Cemetery on US Hwy 220 Business N, and the City of Asheboro cemetery on E Dixie Dr. Austin said he agrees with the concerns of what the business will actually be because all you see on paper are four walls and there is nothing that shows how it will be marketed. Beeson asked about the commercial use for “retail business”. Morgan explained that usually the name of the applicant is recognized when a Dollar General is being developed and people refer to the request as Dollar General store, but in this case it is irrelevant. Morgan said it also is a “retail business”. He said the applicant is limited to the site plan submitted to the Board and any deviation to the plan, would have to be brought back to the Board. Morgan said this request is the difference between a straight rezoning which would allow any commercial use that falls under the Table of Permitted Uses for that zoning, and this is a conditional zoning request that is specific to a site plan which the applicant has shown the footprint of the development, the roads, the parking, and any buffers planned for the development. Beeson said the restrictions proposed for this property are good for the neighbors and normally you would not see a proposal with fifty-foot buffers. He said he feels that Stickler did a great job limiting exposure to the surrounding properties. Hedrick said the Ordinance requires a thirty-five-foot vegetative buffer which will be exceeded. He also said he would like to mention Policy 4.2 in the Growth Management Plan which states “Highway oriented commercial uses should be clustered along segments of arterial streets and contain land uses that are mutually compatible and reinforcing in use and design. They should be designed in a way that minimizes signage, access points and excessive lengths of commercial strip development.” and it makes it tough to deny the request. Hedrick said he would also like to point out to the audience about preservation with the Church, which he has dealt with a little himself. He said the Church should continue the use of the Church, and document the Church’s story and history, which will be key to preserving the legacy of the Church. 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 Planning Board Minutes August 2, 2022 Page 8 of 10 Management Plan. Beeson made a second to the motion to approve the rezoning request. Pell called the question on the motion to approve the rezoning request, and the vote concluded with four members voting to approve the request and three members voting to deny the request by a show of hands. Morgan presented the third case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2020-00001902 FRANKLIN REYNOSO, Asheboro, NC, is requesting to amend the Conditional District Permit on 1.40 acres at 7905 US Hwy 220 S, Richland Township, Tax ID #7665773033, Carl King Subdivision Map 1, lots 34-42, 49-52 + TR, Primary Growth Area, HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District amendment would specifically allow a barber shop. Moises Rosario, 1928 Trogdon Hill Rd., Asheboro, spoke on behalf of Reynoso as a translator for the request. Reynoso said he is asking for permission to put a Barber shop in an existing building on what is already a commercial area. He said the building has been unoccupied for many years and he would like to improve it. Joyce asked for the days and hours of operation. Reynoso said he would be open Monday through Saturday from 10 am until 6 pm. Pell asked if anyone else would like to speak in favor of the request. Hearing none, Pell asked if anyone would like to speak in opposition to the request. Hearing none, Pell closed the public hearing for discussion among the Board members and a motion. Beeson said the property is already zoned commercial and he will have to follow all guidelines required by the State. Beeson 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. Hedrick made a second to the motion to approve the rezoning request. Joyce called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. Planning Board Minutes August 2, 2022 Page 9 of 10 Having no further business, Pell called for a motion to adjourn the meeting. Bunting made the motion to adjourn, with Joyce making the second to the motion; the motion was adopted unanimously. The meeting adjourned at 9:46 p.m., with 81 citizens present. RANDOLPH COUNTY NORTH CAROLINA ________________________ Planning Director _________________________ _______________________________ Clerk to the Board Date Approved by Randolph County Planning Board September 13, 2022 Planning Board Minutes August 2, 2022 Page 10 of 10