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11NovemberPBPlanning Board Agenda November 15, 2022 Page 1 of 2 RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 RANDOLPH COUNTY PLANNING BOARD AGENDA November 15, 2022 1. Call to Order of the Randolph County Planning Board. 2. Roll call of the Board members: • Reid Pell, Chair; • Kemp Davis, Vice-Chair • John Cable; • Melinda Vaughan; • Reggie Beeson; • Ken Austin; • Barry Bunting; and • Brandon Hedrick, Alternate. 3. Consent Agenda: • Approval of agenda for the November 15, 2022, Planning Board meeting. • Approval of the minutes from the October 3, 2022, Planning Board meeting. 4. Conflict of Interest • Are there any Conflicts of Interest or ex parte communication that should be disclosed? • If there is a Conflict of Interest, the Board must vote to allow the member with the Conflict of Interest to not participate in the hearing of the specific case where the Conflict of Interest has been identified. 5. Old Business. 6. New Business. SPECIAL USE PERMIT REQUEST #2022-00002758 The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by HERIBERTO TORRES, Randleman, NC, and their request to obtain a Special Use Permit at 2970 Spoons Chapel Rd, Grant Township, Tax ID #7689592203, Squirrel Creek Planning Board Agenda November 15, 2022 Page 2 of 2 Farms lot four, 27.68 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow an upholstery shop in a proposed 600 sq. ft. building as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BY CHAIR OR CLERK TO THE BOARD BEFORE GIVING TESTIMONY. REZONING REQUEST #2022-00002756 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by BOGER BROTHERS RE, LLC, Greensboro, NC, and their request to rezone 30,409 sq. ft. out of 10.75 acres at 2488 Old Farmer Rd, Cedar Grove Township, Tax ID #7740788297, Municipal Growth Area, from RR - Residential Restricted District to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow an 89 ft. by 170 ft. warehouse for the existing business as per the site plan. REZONING REQUEST #2022-00002761 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by RUSSELL WYATT BRADY, Ramseur, NC, and his request to rezone 4.30 acres out of 13.31 acres at 3360 NC Hwy 22 S, Coleridge Township, Tax ID #8710601520, Secondary Growth Area, from RA - Residential Agricultural District to RIO-CD - Rural Industrial Overlay - Conditional District. The proposed Conditional Zoning District would specifically allow a sawmill in a proposed 40 ft. by 80 ft. building as per the site plan. REZONING REQUEST #2022-00002764 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by JAMIE LYNN CRUMLEY, Asheboro, NC, and her request to rezone 5.90 acres out of 30.48 acres at 2469 Old Cox Rd, Grant Township, Tax ID #7678098499, Zoo Environmental Area, from CEO-CD - Commercial Environmental Overlay - Conditional District to HI-CD - Heavy Industrial - Conditional District. The proposed Conditional Zoning District would specifically allow a meat processing facility in a 60 ft. by 80 ft. building as per the site plan. 7. Adjournment. Attachments Planning Board Minutes October 4, 2022 Page 1 of 14 RANDOLPH COUNTY PLANNING BOARD MINUTES October 4, 2022 There was a meeting of the Randolph County Planning Board on Tuesday, October 4, 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 and asked for a roll call of the members. Hal Johnson, County Manager, sitting in for Planning Director, called the roll of the Board members. • Reid Pell, Chairman, present; • John Cable, present; • Kemp Davis, present; • Melinda Vaughan, present; • Reggie Beeson, present; • Ken Austin, present; • Barry Bunting, Alternate, absent; and • Brandon Hedrick, present. County Attorney, Ben Morgan, was also present. Johnson informed the Chairman there was a quorum of the members present for the meeting. Pell called for a motion to approve the consent agenda as presented. Consent Agenda: • Approval of agenda for the October 4, 2022, Planning Board meeting. • Approval of the minutes from the September 13, 2022, Planning Board and Zoning Board of Adjustment meeting. • Approval of the 2023 Planning Board Meeting schedule. Davis made the motion to approve the consent agenda as presented, with Cable making the second to the motion. The motion was adopted unanimously. Pell asks the Board members if there are any conflicts in the following cases. Hearing none, Johnson presented the first case along with site plans, and pictures of the site and surrounding properties. Planning Board Minutes October 4, 2022 Page 2 of 14 REZONING REQUEST #2022-00002514 RUSSELL LINEBERRY, Liberty, NC, is requesting to rezone 1.92 acres out of 14.42 acres at 6267 Richland Church Rd, Liberty Township, Tax ID #8728419786, Secondary Growth Area, from RA - Residential Agricultural District to CVOE-CD - Conventional Subdivision Overlay Exclusive - Conditional District. The proposed Conditional Zoning District would specifically allow a two-lot, site-built subdivision as per the site plan. Property Owner: Mickey B. Smith Pell opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. Russell Lineberry, 6841 Layton Rd, Liberty, NC, addressed the Board on behalf of Mickey Smith. He said that Mr. Smith built his personal home on the property, is only asking for two, one-acre lots to be developed, and will retain the remaining acreage for himself. He said the request is comparable to other properties in the area and is needed for building lots due to the anticipated growth expected from the megasite. Johnson asked Lineberry if there have been any preliminary tests completed on the soil. Lineberry said both tracts have been approved for septic areas by the County. Davis asked if the access for both tracts will be on Lake Juno Rd. Lineberry answered yes. Cable asked if the two proposed tracts are smaller than the surrounding lots. Lineberry said there are multiple one-acre lots in the surrounding area. Hedrick asked about recommendations from NCDOT. Lineberry said he had received a letter from NCDOT. He said the property is not in a curve, and there is sufficient sight distance. Pell asked if there was anyone else that 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. Cable asked if the request was duly posted and if proper notices were given to residents in the area. It was confirmed by staff that the notices were sent as required. Hedrick 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 October 4, 2022 Page 3 of 14 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 motion was adopted unanimously. Johnson presented the second case, site plans, and pictures of the site and surrounding properties. REZONING REQUEST #2022-00002478 MIKE AND DARLENE GROCHOWSKI, High Point, NC, is requesting to rezone 0.92 acres out of 6.59 acres at 4663 Peaceful Ln, Trinity Township, Lake Reese Balance Watershed, Tax ID #7715697844, Primary Growth Area, from RA - Residential Agricultural District to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a contractor’s storage yard as per the site plan. Darlene Grochowski, 3814 Pineview Ave, High Point, NC, said they are requesting a rezoning to allow them to store their equipment such as skid steers, excavators, and other equipment on the property when not in use off-site. Davis asked if any of the equipment would be for sale or if all of it is used for their business. Grochowski said it is all used for their business. Austin asked if there would be fencing placed on the property. Grochowski said fencing would be installed along the neighbor’s property line to the proposed building and storage yard location. Davis asked if the access to the property is on a shared drive and asked who maintains the drive. Grochowski said the drive is shared access and they typically maintain the drive. She said her daughter lives on the property as well. Beeson asked if debris is brought back to this storage yard. Grochowski answered yes. Cable asked if debris is burned on site. Grochowski said they burn some material, some of it can be used at other job sites, and the rest will be disposed of when needed. Davis asked if the property is already being used for this purpose and Austin asked if the driveway could handle this type of traffic. Grochowski answered yes to both. She said they have used the property for a couple of years. Davis asked if there have been any complaints regarding the driveway. Grochowski said there have been complaints regarding nails possibly puncturing a couple of tires. Planning Board Minutes October 4, 2022 Page 4 of 14 Cable asked what type of business they operate and how far they were hauling the items back to this site. Grochowski said they run a concrete business and have jobs all over the State. Summer Grochowski, 4663 Peaceful Ln, Trinity, NC, daughter of the property owner, said she lives on the property and has no issues with the driveway. There was a discussion with the Planning Board members as to the location of her residence, 4663 Peaceful Ln, in relation to the request. Johnson asked S. Grochowski if she helps maintain the driveway. S. Grochowski said if the driveway needs attention, she informs one of the employees to take care of it when they return to the site with equipment. Vaughan asked where the on-site burning takes place. S. Grochowski described it to be cleared area just south of her home. Pell asked if there was anyone else that would like to speak in favor of the request. Hearing none, he asked if anyone would like to speak in opposition to the request. Clifton Gum, 4661 Peaceful Ln, Trinity, NC, submitted photos as evidence, Exhibit 1. He described the concrete business as being disruptive to his family daily. He said the employees load and unload equipment during late evening and early morning hours, and yell at one another next to his home. He said the employees drive at accelerated speeds up and down the driveway, causing damage and requiring additional gravel to be purchased. He said the trucks are constantly dropping objects into the driveway, and causing flat tires. He also said employees pick up their paychecks at this location on Fridays as well, causing additional traffic. Gum said there have been security issues and theft on the property, employees have come to his home to ask for his Wi-Fi password, have asked to use his cell phone, and even approached visiting family members while in his driveway, to ask about the business. Gum said he had spoken to the owner about his complaints and was told that he knew what he was getting into when he purchased his property. He asked the Board to deny the request because of the negative impact it has placed on their day-to-day life. Johnson asked how long the business has been operating at this location. Gum said his family and the business have both been at this location for about four years. Vaughan asked if the property was listed as a business. Gum answered no. Cable said the photos submitted by Gum show bright lights on the property and asked how often those lights are turned on. Gum said they are on anytime someone is on the property. Planning Board Minutes October 4, 2022 Page 5 of 14 Davis asked Gum about the location of his home in relation to the business. Gum described it as 4661 Peaceful Ln, to be located on the east side of the request. Cable asked if everyone shares the same drive. Gum answered yes. Austin asked what the latest or earliest hours of operation have been. Gum described it to be as early as 1:00 a.m., until 4:00 a.m. Cable asked if this activity had been reported to the Planning and Zoning Department. Gum answered yes. Gum said that is why the request is now before the Board. Cable asked if the Sheriff’s Department had been called. Gum said he had spoken to someone and was told that by the time someone could arrive on the scene, the workers would probably be gone so he has not filed a complaint. Davis asked Gum if the business activity or the degradation of the driveway was his main concern. Gum said the business activity because you can hear everything because of the location of his home. Davis asked if he moved the mobile home to the property. Gum answered no. He said the home was already on the property when he purchased the property. Cable asked how many properties share that drive and who maintains it. Gum said there are four properties and the Grochowski’s usually maintain the drive because of the business. Cable asked what has been done by the Planning Department regarding the complaint. Gum said the property was found to be in violation of zoning, and they were required to ask for the rezoning and that is why the request is now before the Board. Cable asked how long ago the Planning Department was notified. Gum said the process started in January. Robert Winfrey, 4532 Millers Mill Rd, Trinity, NC, told the Board he has lived on the property for over thirty years. He said the drive is not State Maintained and is constantly washing out, trucks are continually running up and down the drive, creating dust and noise. He asked the Board to deny the request because of all of the problems. Randal E Chapel, 4616 Millers Mill Rd, Trinity, NC, expressed his concerns about the driveway being used for more than the residential use it was intended for and said he fears that even more of the property would be used for commercial use in the future. Kay Winfrey, 4532 Millers Mill Rd, Trinity, NC, said their property has standing water issues from heavy rains and they have already had to hire someone to create a draining ditch to help with the problems. She said something needs to be done to stop the water from draining on her property. Robert Winfrey said when the driveway was installed, a tile was not installed to help with the water drainage. Cable asked who installed the driveway. R. Winfrey said Frank Lamb built the drive when he developed the property. Having no more opposition, Pell asked D. Grochowski if she would like to address any of the questions or concerns that have been presented to the Board. D. Grochowski said Planning Board Minutes October 4, 2022 Page 6 of 14 she would like to keep the peace with the neighbors and if the request is passed she will install a fence which will help, and they have and will continue to maintain the road. Davis asked if this shared drive is the only access they have to their property and if it is the primary drive for the business. D. Grochowski answered yes. Davis asked where the concrete is dumped on the property. D. Grochowski said it is the cleared area shown in the aerial photo. Cable asked D. Grochowski how long she has owned the property and how long they have used it for the business. D. Grochowski said she wasn’t sure how long they owned it but started using it for the business shortly after the purchase. Austin asked if there are any permanent structures on the property for an office. D. Grochowski answered no. Cable asked about paychecks being picked up on the property. Grochowski said her daughter takes care of payroll so the employees come to the property to pick up paychecks at her house. Johnson asked if they had asked anyone about using the property for business purposes when they purchased it. D. Grochowski said they previously ran the business out of her home and assumed it would be ok as long as no one said anything about it. Johnson asked if the business has grown over the last several years. D. Grochowski answered no. Cable asked how many trucks stay on the property. D. Grochowski said she does not have any trucks being left on the property but the excavators and skid steers are on the property if they are not in use on a job site. Cable asked what address the equipment is registered. D. Grochowski said they are registered to her home address on Pineview Street in High Point, NC. Beeson said he is familiar with and in favor of D. Grochowski’s type of business, but he does not feel this may be the best location. He said there will always be early morning or late evening activity disrupting the neighbors. Pell asked if there were any additional questions from the Board. Hearing none, he closed the public hearing for discussion among the Board members and a motion. Davis after visiting the site, he feels the driveway is not adequate for the commercial activity that is taking place on the property. Cable said he agrees with the other Board members in this case. He said strategic planning is to protect areas such as this, and he would have a hard time supporting this request. Austin said he feels the driveway was never intended to handle this type of traffic and doesn’t feel the request would be the best use of the property. Hedrick said relating this situation to the Unified Development Ordinance and Growth Management Plan, it appears it would be kind of a spot zoning situation because there Planning Board Minutes October 4, 2022 Page 7 of 14 are no other Highway Commercial businesses nearby and it does not appear to meet the development requirements. Cable made the motion to deny 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 not consistent with the Randolph County Growth Management Plan. Austin made a second to the motion to deny the rezoning request. Pell called the question on the motion to deny the rezoning request, and the motion was adopted unanimously. Johnson presented the third case, site plans, and pictures of the site and surrounding properties. REZONING REQUEST #2022-00002370 EVARARDO SUAREZ CANAS, Sophia, NC, is requesting to rezone 2.99 acres out of 12.00 acres along US Hwy 311, New Market Township, Randleman Lake Protected Area Watershed, Tax ID #7736399235, Primary Growth Area, from RA - Residential Agricultural District to LI-CD - Light Industrial - Conditional District. The proposed Conditional Zoning District would specifically allow a dumpster rental and concrete business and a total of 17.76% SNIA as per the site plan. After presenting the case to the Board, the applicant decided to WITHDRAW the request until a later date, to allow additional time for necessary site work for the request. Johnson presented the fourth case of the night along with site plans and pictures of the site and surrounding properties. REZONING REQUEST #2022-00002485 FERRELL AND LOFLIN PROPERTIES, LLC, Denton, NC, is requesting to rezone 5.00 acres out of 45.37 acres at 9566 NC Hwy 49 S, New Hope Township, Tax ID #6687618451, Rural Growth Area, from RA - Residential Agricultural District to HI-CD - Heavy Industrial - Conditional District. The proposed Conditional Zoning District would specifically allow the production of engines and engine parts with a storefront as per the site plan. Terry Ferrell, 1382 Cranford Rd., Denton, NC, explained to the Board the need for locating a portion of their business on this property. He said they have outgrown their Planning Board Minutes October 4, 2022 Page 8 of 14 current location, and anticipate additional growth. He said there are multiple businesses in the area, it makes sense to be located on Hwy 49 because there will be good exposure, and it will be good for the County and for providing employment. Davis asked if this business is for racing. Ferrell said they build racing engines. Davis asked if there would be outside storage, if they would be testing engines, and if there would be a concern for noise. Ferrell said he currently tests the engines in the existing location and does not have intentions of bringing the machines to this facility for testing but cannot guarantee that he will not move the machines to this location. Ferrell said there are no complaints from the neighboring properties at his current location. Austin asked Ferrell to describe his proposed building. Ferrell said they would like to start with a 100 ft. by 200 ft. building with an expandable wall for the future. Davis asked if he planned to have manufacturing in the building also. Ferrell said they do plan to manufacture parts for building the engines. Cable asked how many employees he planned to have. Ferrell said he currently has fifteen to twenty and hopes to double or even triple that number in the next couple of years. Cable asked if he had reached out to any of the neighbors. Ferrell answered yes. Davis asked how well he got along with the farmers in the area. Ferrell said they provide parts needed for some of the farming equipment used so it works well. Vaughan asked if there had been issues with the State in the past about storing equipment next to the highway. Ferrell said that would have been Mid-State Company, and he has nothing to do with that company. He said they have a nice facility and have never had complaints. He said his company deals with customers that have $500,000 cars and they will not want to deal with a low-scale company. Stephanie Ferrell, T. Ferrell’s wife rose to address the Board. S. Ferrell said that she has been a commercial lender for twenty-two years and that she anticipated economic growth to have a ten percent downturn for new facilities and TKM has nearly doubled since 2015 for business and employees. Pell asked if there was anyone else that would like to speak in favor of the request. Hearing none, he 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. Davis said understands some of the concerns the Planning staff had for the business fitting into the area. He said after hearing the testimony, he believes the facility will be top- notch. Cable agrees with Davis and said he appreciates the fact that his neighbors are calling him for manufactured parts and he stops whatever he’s doing to help someone out. Austin said Randolph County needs this type of business from a marketing Planning Board Minutes October 4, 2022 Page 9 of 14 standpoint, he believes it will draw attention to our County. 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. Vaughan 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. Johnson presented the fifth case, site plans, and pictures of the site and surrounding properties. REZONING REQUEST #2022-00002367 MIGUEL URIBE FLORES, Asheboro, NC, is requesting to rezone 5.49 acres out of 19.39 acres at 2528 NC Hwy 49 N, Columbia Township, Tax ID #8713988508, Primary Growth Area, from HC-CD - Highway Commercial - Conditional District to HI-CD - Heavy Industrial - Conditional District. The proposed Conditional Zoning District would specifically allow an existing furniture frame shop in an existing building as per the site plan. Miguel Flores, 1046 Briles Dr., Asheboro, NC, said he started his business sometime in 2021 and is trying to expand. Johnson asked how many employees he has. Flores said there are ten. Cable asked what type of furniture he builds. Flores said he builds frames only for living room-type furniture. Cable asked if there are spray booths for painting or if there is any hazardous material. Flores answered no. Cable asked about the hours of operation. Flores said it is normally 7:00 a.m. until 3:00 p.m. Monday through Saturday and weather conditions may cause some variations if it is too hot. He said don’t like to work on Saturdays but the demand has required them to recently. Davis asked if the hours ever extend past 3:00 p.m. Flores said they have to stay late some days because of a CNC machine that is run by his brother who has another job. Cable asked if it would be safe to say their hours are until 5:30 or 6:00 p.m. Flores said the goal is to work eight to nine hours a day. Cable asked if any of the neighbors had approached him with complaints. Flores said he has not received any complaints directly. Planning Board Minutes October 4, 2022 Page 10 of 14 Kelly and Mark Tabor, 7900 Ferguson Rd, Liberty, NC. K. Tabor said she lives across the street and it is sometimes very noisy with saws, equipment, and loud music, sometimes as late as 10:00 or 11:00 at night. She said she does not have a problem having the business run from 7:00 a.m. until 3:00 p.m. but she has concerns that if the property is re-zoned, the business will eventually run a second and third shifts as well. Cable asked if the music is the biggest issue. K. Tabor said she has concerns in general for additional shifts and an increase in noise. Cable asked if she would be opposed to the business if the hours of operation were limited to 5 or 6:00 p.m. K. Tabor said she would be fine with that. Austin said he would like to point out the rezoning is for 5.49 acres only. K. Tabor said the buildings are located right next to the road and she is directly across the road and she can hear everything. Hedrick asked when she purchased her property. K. Tabor did not give a clear answer. Austin asked if their property is across the street. M. Tabor described the location of the house in relation to the business. He said their main concern is having a second shift. Perry Conner, 216 W Main St, Franklinville, NC, said he owns the property directly south of this request and although he does not currently live on the property, he has been visiting his renter and can hear the loud noise on the property. He said he has concerns that someone has appeared to have opened a business that is not properly zoned and is asking for permission after the fact. He said he does not have a problem with having a frame shop but would not like other permitted uses that fall within the HI zoning. Candi Langley, 2454 NC Hwy 49, Ramseur, NC, said she lives two houses down from the property. She feels the HI zoning allows too many options and feels there should be more control over what is located in an area with the number of residences they have in the area. Langley said there is not sufficient parking for the number of employees at the business, it is still operating sometimes at 8:00 p.m. when she is just getting home and is noisy. She said they put the cart before the horse and should have gotten all of this approved before purchasing the property and starting their business. Flores said he currently works off-site and will try to control the music issue. He said he would make sure it is not heard after 5:00 p.m. He said in response to one of the previous comments, he originally started leasing the property, was approved for wood-working and thought he fell within that category and purchased the property with the same understanding and has now found out that he is within another category and does not have the appropriate zoning for his operations. Flores said he said he can require there be no music after 5:30 or 6:00 p.m., although the noise from the saws will be more of a challenge and the CNC machine will have to run after normal operations to keep up with the demand of the rest of the operation. He said he has plenty of space to expand, and would not need to build additional space. Planning Board Minutes October 4, 2022 Page 11 of 14 There were additional conversations between Flores and the Planning Board regarding options for controlling noise. Flores said he was unaware of the noise complaints because he is normally not on-site and he could eliminate that issue moving forward. Davis asked how late the CNC machine will have to run. Flores said his brother is normally on-site from 4:00 until 8:00 pm. Hedrick said the Board would be looking at the request as presented and if he were to make concessions on the noise issues, he would be doing that as a courtesy to his neighbors. Flores said he is going to address the music issues. Hedrick said it appears the original rezoning took place in 1994 according to the information given to the Board members and asked Flores if he was aware of the conditions. Flores said that it was his understanding that the rezoning allowed woodworking. Hedrick asked if he was aware of any hours of operations restrictions. Flores answered no. Having no further questions for Flores, Pell closed the public hearing for discussion among the Board members and a motion. Davis said he would like to clarify that the request is a conditional district and any changes made to this request would have to come back to the Board. Hedrick said as it is spelled out in the agenda, the request would have to remain specific to the site plan presented. He said he would also add that when you look at the existing zoning which allows manufacturing of wood products and the current owner purchased the property not realizing there is a difference for frames and under the current use, they would be allowed to run saw all hours of the night, they just can’t build furniture frames. Cable said it seems that everyone’s testimony had music as a common denominator. Austin said the concerns for Heavy Industrial zoning were mentioned and have already been addressed. Cable said there were also concerns about having a second shift. He said the manufacturing sounds like it would fit within the timeline until 5:30 or 6:00 p.m. but the CNC runs later. He said he believes the major issue is noise. He said you have a growing business and the owner is willing to work to be a good neighbor and then you have neighbors who don’t want noise all hours of the night with bright lights, keeping them up all night and he would like to make sure there is a happy medium. Hedrick said it sounds like Flores is planning to be respectful of the neighbors. Cable said Flores seems to want to work on the neighbor’s issues. He said would also like to point out that the current zoning allows woodworking would allow saws to run all hours of the night. 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 Planning Board Minutes October 4, 2022 Page 12 of 14 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. Pell called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. Johnson presented the sixth case, site plans, and pictures of the site and surrounding properties. REZONING REQUEST #2022-00002366 SCOTTY OUTDOOR, LLC, Snow Hill, NC, is requesting to rezone 1.32 acres out of 9.61 acres at 369 Frazier Rd, Columbia Township, Tax ID #8732453126, Secondary Growth Area, from HC-CD - Highway Commercial - Conditional District to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically amend the existing Conditional District Permit to allow an outdoor advertising sign as per the site plan. Property Owners: Mandi Dawn and Ned Scott Beasley Mike Sutherland, PO Box 974, Snow Hill, NC, said that the property meets all of the requirements and they would like to build a billboard 14 ft. by 48 ft. sign which will be 35 ft. tall. Johnson asked what is currently on the property. Sutherland said there is a house on one portion of the property, which is separated by a large buffer of trees, from the commercial portion on the front edge of the property. Austin asked if it would be a lighted sign. Sutherland said it would be a lighted sign but will be programmed to turn off around 9:00 or 10:00 p.m. Johnson explained to the Board that the existing conditional district did not include an outdoor advertising sign so the conditions have to be amended to allow the sign. Pell asked if there was anyone else present to speak in favor of the request. Hearing none, he asked if there was anyone in opposition to the request. Hearing none, Pell closed the public hearing for discussion among the Board or a motion. Cable asked if everything was duly posted and the required notifications sent. There was an affirmation by the Planning staff. Davis said he wants to protect the scenic beauty and discourage unnecessary billboards. Johnson said that is why they are not allowed by right and are before the Board. Planning Board Minutes October 4, 2022 Page 13 of 14 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. Hedrick 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 with 5 for and 2 against the request. Johnson presented the seventh case, site plans, and pictures of the site and surrounding properties. REZONING REQUEST #2022-000002368 ROBERT L EVANS, Dallas, OR, is requesting to rezone 2.93 acres at 334 Dawson Miller Rd, Cedar Grove Township, Tax ID #7658316071, Secondary Growth Area, from HC-CD - Highway Commercial - Conditional District to RA - Residential Agricultural District. The proposed rezoning would allow any uses permitted by right in the RA – Residential Agricultural District. Pell asked if there was anyone present to speak in favor of the request. Hearing none, he asked if there was anyone to speak in opposition to the request. Hearing none, Pell closed the public hearing for discussion among the Board or a motion. 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. Cable 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. Cable asked about the Variance request that was tabled from the previous month. It was announced that the application was withdrawn. Planning Board Minutes October 4, 2022 Page 14 of 14 As the last item of business, Cable made a motion for Kemp Davis to become Vice-Chairman of the Planning Board, and Hedrick made a second to that motion. Pell called the question on the motion, and the motion was adopted unanimously. Having no further business, Pell called for a motion to adjourn the meeting. Austin made the motion to adjourn, with Beeson making the second to the motion; the motion was adopted unanimously. The meeting adjourned at 8:55 p.m., with 21 citizens present. RANDOLPH COUNTY NORTH CAROLINA ________________________ Chairman _________________________ _______________________________ Clerk to the Board Date November Request Location Map 0 2 4 6 81 Miles Archdale Trinity Randleman Asheboro Seagrove Liberty Staley Ramseur Franklinville /0j2 ?v!"c$ KÃ !"`$ I¤I¤!"`$ KÈ ?k ?ø ?ø ?k ?i ?Å ?Ú ?Ä ?ç ?d ?ø ?ø?d !"a$ !"a$ !"`$ !"a$ Legend Roads Reservoirs County line Municipal Zoning Boger Brothers, RE, LLC Torres Crumley Brady CASE SUMMARY FOR SPECIAL USE REQUEST #2022-00002758 The Randolph County Planning Board will hold a duly published and notified Quasi- judicial Hearing on the request by HERIBERTO TORRES, Randleman, NC, and their request to obtain a Special Use Permit at 2970 Spoons Chapel Rd, Grant Township, Tax ID #7689592203, Squirrel Creek Farms lot four, 27.68 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow an upholstery shop in a proposed 600 sq. ft. building as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BY CHAIR OR CLERK TO THE BOARD BEFORE GIVING TESTIMONY. OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affimation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to offer testimony on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “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.” PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO 3710768900JFlood Plane Map #: Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO ALLOW AN UPHOLSTERY SHOP IN A PROPOSED 600 SQ. FT. BUILDING AS PER THE SITE PLAN Signature of Applicant: Eric Martin Authorized County Official Applicant: TORRES, HERIBERTO & CELIA City, St. Zip: ASHEBORO, NC 27205 Address: 2970 SPOONS CHAPEL RD Owner: TORRES, HERIBERTO Address: 2970 SPOONS CHAPEL RD City, St. Zip: ASHEBORO, NC 27205 Permit #: 2022-00002758 Parcel #: 7689592203 Date: 10/05/2022 Location Address: 2970 SPOONS CHAPEL RD ASHEBORO, NC 27205 Permit Type Code: PZ 3 CONTACT NAME:TORRES, CASSANDRA Contact Phone:336 943-3089 SQUIRREL CREEK FARMS4 Acreage: Township:27.6800 09 - GRANT Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 SPECIAL USE PERMIT APPLICATION Torres Request Location Map SQUIRRELCREEKRDSPOONSCHAPEL RD 1 inch equals 400 feet Directions to site: US Hwy 64 E - (R) Iron Mountain Rd - (L) Spoons Chapel Rd - Site on (R) just before Squirrel Creek Rd at 2970 Spoons Chapel Rd. Torres Special Use Permit Request !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( SquirrelCreek SquirrelCreek SQUIRREL DEN RD SQUIRRELCREEKRDSPOONS CHAPEL RD 1 inch equals 600 feet Special Use Permit for woodworking shop (2014) Special Use Permit for spring manufacturing (2011) Squirrel Creek S/D Rezoned 1994 Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads Streams 50 ft. Stream buffer County zoning Districts RA RM Request location Torres Special Use Permit Request SquirrelCreek SquirrelCreek SPOONS CHAPEL RD SQUIRRELCREEKRD1 inch equals 400 feet Legend Parcels Roads 50 ft. Stream buffer Torres Special Use Permit Request Picture 1: Request location Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward Spoons Chapel Church Rd. Picture 6: Request location on right as seen looking toward Squirrel Creek Rd. COUNTY OF RANDOLPH ORDER Choose the decision. SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY HERIBERTO TORRES SPECIAL USE REQUEST #2022-00002758 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on November 15, 2022, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 2970 Spoons Chapel Rd for the purpose indicated is hereby Choose the decision., subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD Choose the decision. THE APPLICATION FOR A SPECIAL USE PERMIT FOR HERIBERTO TORRES BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. That the use meets all required conditions and specifications. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on November 15, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this 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.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this 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 may materially endanger the public health or safety, or the use does not meet all required conditions and specifications, or the use may substantially injure the value of adjoining property, that the use is not a public necessity and the location and character of use if developed according to the plan(s) as submitted and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Staff Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY PLANNING & ZONING STAFF REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2022-00002756 GENERAL INFORMATION Applicant: Boger Brothers RE, LLC Property Owner: Boger Brothers RE, LLC Hearing Type: Legislative Request: To rezone 30,409 sq. ft. to allow an 89 ft. by 170 ft. warehouse for the existing building as per the site plan. Current Zoning: RR- Residential Restricted District, HC – Highway Commercial District Requested Zoning: Highway Commercial – Conditional District Small Area Plan: None Growth Management: Municipal Growth Area Watershed Overlay: None Flood Plain Overlay: None Airport Overlay: Yes Location: 2488 Old Farmer Rd Parcel Number: 7740788297 Parcel Size: 30,409 sq. ft. out of 10.75 acres Existing Use: Warehouse storage building Staff Report and Map Amendment Evaluation Page 2 of 4 SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RE - Residential Exclusive District Single-family residential South HC - Highway Commercial District Planned business development East RR - Residential Restricted District Single-family residential West RE - Residential Exclusive District Single-family residential TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation: No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: There is no history of a rezoning, Variance or Special Use Permit at the request location. The majority of this parcel was zoned HC – Highway Commercial District when the City of Asheboro withdrew their zoning from this area in 2013. The portion that is zoned RR – Residential Restricted District was assigned that zoning when the City of Asheboro withdrew their zoning from this area in 2013 before it was merged with the larger portion. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article Article 600, Section 613 (ex. Fencing, buffers, etc.): HC: HIGHWAY COMMERCIAL DISTRICT PURPOSE The purpose of the Highway Commercial (HC) District is to provide a place in which the principal use of land is for the retailing of durable goods, the provision of commercial services to industrial areas, and the provision of services to tourists. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Staff Report and Map Amendment Evaluation Page 3 of 4 Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watershed and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. Minimum lot size requirements within Rural Growth Areas are 3 acres. 6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 8. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon signed petition of all owners of the land to be included in the Conditional District. STAFF ANALYSIS AND RECOMMENDATION The Planning and Zoning Staff has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is not consistent, not reasonable, and not in the public interest; and • Should be DENIED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee and Planning and Zoning Staff as supporting the above conclusion. Policy 4.2 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. Consistency Analysis: In reviewing this case, the Technical Review Committee (TRC) noted several concerns on the site plan that are directly tied to the “public health, welfare and safety” issues assigned to land use planning. Another concern expressed by the TRC Staff Report and Map Amendment Evaluation Page 4 of 4 was the ability of trucks being able to back into the loading docks of the proposed building and its impact on traffic. Also, as shown on the site plan, there could potentially be three entrances into this property which also adds to safety concerns along Old Farmer Rd and the policy cited above states that the site “should be designed in a way that minimizes signage, access points and excessive lengths of commercial strip development.” Policy 4.5 Effective buffer and/or landscaping should be provided where commercial development adjoins existing or planned residential development. Consistency Analysis: The site plan does not include and buffers to protect the adjacent residential property as the proposed building is located on the site plan very close to the side property line and the property rights of the adjoining residential properties should be considered when making this decision. Another concern raised by the TRC is there is no lighting plan for the proposed building and the TRC would recommend indirect lighting to lessen the impacts on the adjoining residential properties. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is not consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use could increase the tax base and increase economic activity within the County but the detrimental impacts on the adjoining residential properties must be carefully weight against any increase in economic activity. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 2: HC-HIGHWAY COMMERCIAL DISTRICT Zoning District 3: Specialty District: MUNICIPAL AIRPORT OVERLAY DISTRICT Watershed Name: CEDAR CREEK WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710774000J Growth Management Areas:MUNICIPAL GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 30409.0000 Lot Size Indicator: SQUARE FEET Proposed Zoning District: HC-CD-HIGHWAY COMMERCIAL CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW A 89 FT X 170 FT WAREHOUSE FOR THE EXISITING BUSINESS AS PER THE SITE PLAN Condition(S): Applicant: BOGER BROTHERS RE LLC City, St. Zip: GREENSBORO, NC 27404 Address: P O BOX 10345 Owner: BOGER BROTHERS RE LLC Address: P O BOX 10345 City, St. Zip: GREENSBORO, NC 27404 Permit #: 2022-00002756 Parcel #: 7740788297 Date: 10/05/2022 Location Address: 2488 OLD FARMER RD ASHEBORO, NC 27205 Permit Type Code: PZ 2 CONTACT NAME:BOGER, RYAN Contact Phone:919 883-6063 BRANCO ENTERPRISES INC1 Acreage: Township:10.7500 04 - CEDAR GROVE Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Boger Brothers RE, LLC, Request Location Map WESTSI D E C IR OAKGROVE RD ROOSEVELTRDO LD FARM ER RD JARRELLDR WILLOW WOOD RD US H W Y 6 4 W HENRY RD 1 inch equals 400 feet I¤ I¤ Directions to site: US Hwy 64 W - (R) Old Farmer Rd - Site on (L) at 2488 Old Farmer Rd. Boger Brothers RE, LLC, Rezoning Request !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !(!( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(ROOSEVELT RDJARRELLDR OAKGROVERDWILLOW WOOD RD US H W Y 6 4 W HENRY RD WESTS I D E CIR O L D FARM ER R D The request is located in McCrary Lakes Watershed Area and Municipal Airport Overlay District. 1 inch equals 400 feet Special Use Permit for Planning Unit Development (2019) Rezoned for retail sales (2019) Request location I¤ I¤ Legend Parcels Structures Type !(Multi-address Structure !(Permanent Structure !(Temporary Structure Roads Streams 50 ft. Stream buffer County zoning Districts HC OI RE RM RR Boger Brothers RE, LLC, Rezoning Request US H W Y 6 4 W OLD FARM ER R D The request is located in McCrary Lakes Watershed Area and Municipal Airport Overlay District. 1 inch equals 200 feet I¤ Legend Parcels Roads 50 ft. Stream buffer Boger Brothers RE, LLC, Rezoning Request Picture 1: Request location. Picture 2: Existing building at request location. Picture 3: Adjacent residence. Picture 4: Adjacent business. Picture 5: Request location on right as seen looking toward US Hwy 64 W. Picture 6: Request location on left as seen looking toward Henry Rd. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY BOGER BROTHERS RE, LLC REZONING REQUEST #2022-00002756 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to HC-CD - Highway Commercial - Conditional District as described in the application of Boger Brothers RE, LLC, are not consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are not reasonable and not in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Municipal Growth Area which generally are located within the municipal limits and are areas of urban density along with mixed land uses. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.2 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. Consistency Analysis: In reviewing this case, the Technical Review Committee (TRC) noted several concerns on the site plan that are directly tied to the “public health, welfare and safety” issues assigned to land use planning. Another concern expressed by the TRC was the ability of trucks being able to back into the loading docks of the proposed building and its impact on traffic. Also, as shown on the site plan, there could potentially be three entrances into this property which also adds to safety concerns along Old Farmer Rd and the policy cited above states that the site “should be designed in a way that minimizes signage, access points and excessive lengths of commercial strip development.” Policy 4.5 Effective buffer and/or landscaping should be provided where commercial development adjoins existing or planned residential development. Consistency Analysis: The site plan does not include and buffers to protect the adjacent residential property as the proposed building is located on the site plan very close to the side property line and the property rights of the adjoining residential properties should be considered when making this decision. Another concern raised by the TRC is there is no lighting plan for the proposed building and the TRC would recommend indirect lighting to lessen the impacts on the adjoining residential properties. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is not consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use could increase the tax base and increase economic activity within the County but the detrimental impacts on the adjoining residential properties must be carefully weight against any increase in economic activity. Adopted on November 15, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 40,000 sq. ft. area out of a 10.75 acre parcel, having the Randolph County Parcel Identification Number of 774788297 is currently zoned RR - Residential Restricted by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on November 15, 2022 to consider the proposed rezoning on application number 2022-00002756, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to HC-CD - Highway Commercial - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on November 15, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this 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 any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Staff Report and Map Amendment Evaluation Page 1 of 6 RANDOLPH COUNTY PLANNING & ZONING STAFF REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2022-00002761 GENERAL INFORMATION Applicant: Russell Wyatt Brady Property Owner: Russell Wyatt Brady Hearing Type: Legislative Request: To rezone 4.30 acres out of 13.31 acres to allow a sawmill in a proposed 40 ft. by 80 ft. building as per the site plan. Current Zoning: RA – Residential Restricted and RR – Residential Restricted District Requested Zoning: RIO – CD – Rural Industrial Overlay – Conditional District Small Area Plan: None Growth Management: Secondary Growth Area Watershed Overlay: None Flood Plain Overlay: None Airport Overlay: None Location: 3360 NC Hwy 22 S Parcel Number: 8710601520 Parcel Size: 4.30 acres out of 13.31 acres Existing Use: Single-family residential Staff Report and Map Amendment Evaluation Page 2 of 6 SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Single-family residential South RA - Residential Agricultural District Single-family residential East RA - Residential Agricultural District Single-family residential West RA - Residential Agricultural District Single-family residential TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation: No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: There is no history of a rezoning, Variance or Special Use Permit at the request location. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 614 (ex. Fencing, buffers, etc.): A. RIO: RURAL INDUSTRIAL OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED This overlay district is designed for Rural Growth Areas and in rare instances Secondary Growth Areas as reflected on the Randolph County Growth Management Plan where such a district would provide for the location of sites that would increase economic activity, job creation, and the tax base of Randolph County. This specialized district is intended to accommodate industrial activities and uses requiring proximity to rural resources where the use of site-specific development plans, natural buffers, and landscaping, would lessen the adverse impact upon the general growth characteristics anticipated by the Randolph County Growth Management Plan. Examples of permitted uses in this district are the processing and manufacturing of forest-related products; agricultural goods; minerals and aggregates; special trade contractors; maintenance and repair of mechanical equipment; agri-business research and development; Staff Report and Map Amendment Evaluation Page 3 of 6 alternative energy facilities; and similar activities requiring proximity to rural resources. The Rural Industrial Overlay District shall be considered as an overlay district to the Residential Agricultural District. Uses permitted within the underlying district shall be permitted provided they meet the requirements within the overlay zone subject to the restrictions provided by this section. (2) PERMITTED USES The following uses, which require proximity to rural resources, shall be permitted in the Rural Industrial District: (a) Production, process, assembling, packaging, storage, treatment of farm or forest products; (b) Sawmills, lumber manufacturing, and processing of forest products; (c) Manufacturing of stone, clay, glass, and concrete products; (d) Mineral and aggregate materials manufacturing; (e) Asphalt and concrete plants; (f) Farm and forest-related machinery repair, truck and incidental automobile repair, welding, and service part facilities; (g) Special trade contractors include excavating, septic installers, construction, concrete, distribution, trucking, and electrical; (h) Recycling facilities; (i) Alternative energy facilities (e.g., wind, solar, biofuels, geothermal); and (j) Research and development facilities (new products and technologies for farm, forest, and renewable products). (3) CONDITIONS (a) The minimum lot size is three acres. (b) The minimum State road frontage is one hundred feet. (c) The front setback area shall only be used for driveways, landscaping, and screening. The side and rear setbacks shall only be used for landscaping and screening. Staff Report and Map Amendment Evaluation Page 4 of 6 (d) The site shall have a minimum open space requirement of thirty percent. (e) The use shall not exceed the capacity of the site to provide adequate water and wastewater absorption. (f) All areas shown on the site plan not devoted to development (e.g., building, storage, driveways, parking) shall include retention of Level III buffer. (g) New development shall be in areas of the site that would lessen noise and operational impact to adjoining residential and agricultural land uses. (h) Security lighting shall be directed and designed to reduce glare for adjoining residences. (i) No new development is allowed within Class A Flood Zone or fifty feet of a perennial stream. (j) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. (4) COMPLIANCE MONITORING The applicant shall agree to furnish Randolph County Planning and Zoning, on an annual basis, information showing that the use complies with the development approval and all State and federal guidelines on dust, noise, and related issues. (5) MINIMUM SITE PLAN REQUIREMENTS (a) Dimensions of the property and adjacent lots and streets. (b) Location, use, and ownership of all existing and proposed buildingS and dimensions. (c) Streets, traffic circulation, and parking areas with spaces marked. (d) Service areas, off-street loading facilities, service drive, and dimensions of all areas. Staff Report and Map Amendment Evaluation Page 5 of 6 (e) Location of all proposed landscaping with Level III buffer between other uses and open spaces. (f) Location of all flood zones and streams. (g) Stormwater drainage and sanitary sewer where applicable. (h) Size and location of signs. (i) Erosion and sedimentation control plan. (k) Location and type of security lighting. (k) Signage. STAFF ANALYSIS AND RECOMMENDATION The Planning and Zoning Staff has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is not consistent, not reasonable, and not in the public interest; and • Should be DENIED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee and Planning and Zoning Staff as supporting the above conclusion. Policy 3.6 The County should encourage the use of performance-based rural industrial overlay zoning when the use of large acreage, natural buffer extensive landscaping would not have substantial adverse impact upon the general area growth characteristics, and the location of such a site would substantially increase economic activity, job creation, and the tax base of Randolph County. Consistency Analysis: The Technical Review Committee (TRC) spent a lot of time reviewing this request. The TRC noted that the applicant has clear cut the property of the existing vegetation that could have created a good buffer for the surround community. The site plan does show an area around the site that will be landscaped but there is no information on the type of landscaping that will be used. Other concerns raised by the TRC is the amount of school traffic, both busses and regular vehicles, that use these roads and there is concern for the safety of the traveling public when combined with potential logging trucks that would also be using these same roads. The TRC also noted Staff Report and Map Amendment Evaluation Page 6 of 6 that the rezoning could cause more potential hazards that would outweigh and potential economic development benefits. Policy 3.11 New rural industrial development shall be located in areas of the site that would lessen impacts to adjoining residential and agricultural lands. Consistency Analysis: The TRC feels that there have been no efforts made by the applicant to lessen the impacts to the adjoining residential land uses since the applicant has clear-cut the property before applying for this rezoning. By removing the existing vegetation, the applicant removed vegetation that could have been used as a buffer to “lessen the impacts to the adjoining residential and agricultural lands.” Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is not consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed could increase the tax base and increase economic activity within the County but at what cost to the surrounding community and potential travelers along the roads around this request location. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710871000J Growth Management Areas:SECONDARY GROWTH AREA Growth Management Areas:RURAL GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 4.3000 Lot Size Indicator: ACRE(S) Proposed Zoning District: RIO-CD-RURAL INDUSTRIAL OVERLAY CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW A SAWMILL IN A PROPOSED 40 FT BY 80 FT BUILDING AS PER THE SITE PLAN Condition(S): Applicant: BRADY, RUSSELL WYATT City, St. Zip: RAMSEUR, NC 27316 Address: 6744 ROBY COE RD Owner: BRADY, RUSSELL WYATT Address: 3356 NC HWY 22 S City, St. Zip: RAMSEUR, NC 27316 Permit #: 2022-00002761 Parcel #: 8710601520 Date: 10/05/2022 Location Address: 3360 NC HWY 22 S RAMSEUR, NC 27316 Permit Type Code: PZ 2 CONTACT NAME:BRADY, WYATT Contact Phone:336 953-2509 R ODELL & CAROLYN A BRADY2 Acreage: Township:13.3100 05 - COLERIDGE Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Brady Request Location Map HINSHAW TOWN RD PARKS CROSSRDS CHURCH RDN C H W Y 2 2 S BUFF A L OTRLTROYCAVENESSRD 1 inch equals 400 feet ?ø ?ø Directions to site: NC Hwy 22 S - (R) Hinshaw Town Rd - Site on (L) approx. 600 ft. Brady Rezoning Request !( !( !( !( !( !( !( !( !( !( !(!( BroadMouthBranch N C HW Y 2 2 S BU F F ALOTRLTROYCAVENESSRD HINSHAW TOWN R D 1 inch equals 400 feet Buffalo Ford S/D Rezoned in 1996 Request location ?ø ?ø Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure !(Duplex/Complex Roads Streams 50 ft. Stream buffer Flood plains County zoning Districts HC RA RR Brady Rezoning Request H I N S H A W T O W N R D NC HWY 2 2 S 1 inch equals 200 feet ?ø ?ø Legend Parcels Roads 50 ft. Stream buffer Brady Rezoning Request Picture 1: Request location. Picture 2: Request location. Picture 3: Adjacent property. Picture 4: Adjacent property. Picture 5: Request location on right as seen looking toward NC Hwy 22 S. Picture 6: Request location on right as seen looking toward Craven Branch Rd. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY RUSSELL WYATT BRADY REZONING REQUEST #2022-00002761 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to RIO-CD - Rural Industrial Overlay - Conditional District as described in the application of Russell Wyatt Brady are not consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are not reasonable and not in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area which generally are medium density, predominately residential and has transitional land use patterns B. Consistency with Growth Policies in the Growth Management Plan Policy 3.6 The County should encourage the use of performance-based rural industrial overlay zoning when the use of large acreage, natural buffer extensive landscaping would not have substantial adverse impact upon the general area growth characteristics, and the location of such a site would substantially increase economic activity, job creation, and the tax base of Randolph County. Consistency Analysis: The Technical Review Committee (TRC) spent a lot of time reviewing this request. The TRC noted that the applicant has clear-cut the property of the existing vegetation that could have created a good buffer for the surround community. The site plan does show an area around the site that will be landscaped but there is no information on the type of landscaping that will be used. Other concerns raised by the TRC is the amount of school traffic, both busses and regular vehicles, that use these roads and there is concern for the safety of the traveling public when combined with potential logging trucks that would also be using these same roads. The TRC also noted that the rezoning could cause more potential hazards that would outweigh and potential economic development benefits. Policy 3.11 New rural industrial development shall be located in areas of the site that would lessen impacts to adjoining residential and agricultural lands. Consistency Analysis: The TRC feels that there have been no efforts made by the applicant to lessen the impacts to the adjoining residential land uses since the applicant has clear-cut the property before applying for this rezoning. By removing the existing vegetation, the applicant removed vegetation that could have been used as a buffer to “lessen the impacts to the adjoining residential and agricultural lands.” 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is not consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed could increase the tax base and increase economic activity within the County but at what cost to the surrounding community and potential travelers along the roads around this request location. Adopted on November 15, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 4.30 acre parcel out of 13.31 acre parcel, having the Randolph County Parcel Identification Number of 871601520 is currently zoned RA - Residential Agricultural District and RR – Residential Restricted Districtby Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on November 15, 2022 to consider the proposed rezoning on application number 2022-00002761, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to RIO-CD - Rural Industrial Overlay - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on November 15, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this 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 any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Staff Report and Map Amendment Evaluation Page 1 of 4 RANDOLPH COUNTY PLANNING & ZONING STAFF REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2022-00002764 GENERAL INFORMATION Applicant: Jamie Crumley Property Owner: Jamie Lynn Crumley Hearing Type: Legislative Request: To rezone 5.90 acres out of 30.48 acres to allow a meat processing facility in a 60 ft. by 80 ft. building as per the site plan. Current Zoning: CEO – CD – Commercial Environmental Overlay – Conditional District Requested Zoning: HI – CD – Heavy Industrial – Conditional District Small Area Plan: None Growth Management: Zoo Environmental Area Watershed Overlay: None Flood Plain Overlay: None Airport Overlay: None Location: 2469 Old Cox Rd Parcel Number: 7678098499 Parcel Size: 5.90 acres out of 30.48 acres Existing Use: Meat processing facility Staff Report and Map Amendment Evaluation Page 2 of 4 SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North E-1 - First Environmental District Single-family residential South E-1 - First Environmental District Single-family residential East E-1 - First Environmental District NC Zoological Park West E-1 - First Environmental District Single-family residential TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation: No comments have been received from NC Department of Transportation. ZONING INFORMATION Zoning History: In May, 2021, the Randolph County Planning Board rezoned 5.90 acres out of 30.48 acres to CEO-CD – Commercial Environmental Overlay – Conditional District to allow a taxidermy shop and three rental cabins as per the site plan. In August, 2022, the Randolph County Zoning Board of Adjustment approved a Variance on the property to allow a meat processing plant as per the site plan in a CEO-CD – Commercial Environmental Overlay – Conditional District in lieu of the HI – Heavy Industrial District as required by the Randolph County Unified Development Ordinance. This approval of the Variance has been appealed to the Superior Court of Randolph County. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): HI: HEAVY INDUSTRIAL DISTRICT PURPOSE Staff Report and Map Amendment Evaluation Page 3 of 4 The purpose of the Heavy Industrial (HI) District is to provide a place to accommodate those industries whose normal operations include dust, noise, odor, or other emissions that may be deemed as objectionable. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watershed and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. Minimum lot size requirements within Rural Growth Areas are 3 acres. 6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 8. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon signed petition of all owners of the land to be included in the Conditional District. STAFF ANALYSIS AND RECOMMENDATION The Planning and Zoning Staff has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is not consistent, not reasonable, and not in the public interest; and • Should be DENIED by the Randolph County Planning Board. The Technical Review Committee (TRC) has the following comments regarding this request and its recommendation that the request be denied. The Randolph County Unified Development Ordinance, Article 600, Section 613, describes the E-1 – First Environmental District as: Staff Report and Map Amendment Evaluation Page 4 of 4 “The purpose of the First Environmental (E-1) District is to provide an area around the North Carolina Zoological Park for low-density mixed land uses, where environmental sensitivity, retention of natural features, and preservation of heritage assets combine to maintain the rural setting. The uses permitted in this District are intended to enhance and preserve the character of the Zoo site. Requests for higher-intensity residential use are considered through standards established in this Ordinance.” The TRC noted that all zoning changes in the E-1 zoning district have been for residential development that is keeping with the characteristics of the community and there has never been a rezoning for commercial use. The Table of Permitted Uses in the Randolph County Unified Development Ordinance, Article 600, Section 618 lists various uses that are allowed in the E-1 zoning district. This list includes, but is not limited to, the following: • Amusements, indoor commercial with a Special Use Permit; • Athletic fields, recreation buildings, playgrounds, etc., by right; • Camping facilities with a Special Use Permit; • Community centers for assembly and recreation with a Special Use Permit; • Subdivisions with an Overlay rezoning; • Freestanding day care centers with a Special Use Permit; • Planned Business, Rural or Unit Developments with a Special Use Permit; and • Pottery shops by right. All of the uses listed above, along with the remainder of the uses listed in the Randolph County Unified Development Ordinance, shows how various commercial operations can be allowed by either a Special Use Permit or allowed by right. Nowhere in the Randolph County Unified Development Ordinance are industrial uses such as a meat processing facility allowed in the area around the North Carolina Zoological Park. The TRC thought it was important to note that without the E-1 – First Environmental District having been the first zoning in the County in 1973, the State of North Carolina would not have placed the North Carolina Zoological Park in Randolph County. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is not consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use could increase the tax base and increase economic activity within the County but are the negative impacts in such close proximity to the North Carolina Zoological Park worth risking the investments from the State of North Carolina? PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: CEO-CD-COMMERCIAL ENVIRONMENTAL OVERLAY CONDITIONAL DISTRICT Zoning District 2: E-1-FIRST ENVIRONMENTAL DISTRICT Zoning District 3: Specialty District: VARIANCE Watershed Name: NONE Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710767800J Growth Management Areas:ZOO ENVIRONMENTAL AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 5.9000 Lot Size Indicator: ACRE(S) Proposed Zoning District: HI-CD-HEAVY INDUSTRIAL CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW A MEAT PROCESSING FACILITY IN A 60 FT X80 FT BUILDING AS PER THE SITE PLAN Condition(S): Applicant: CRUMLEY, JAMIE LYNN & HARPER, BURNIE WARE City, St. Zip: ASHEBORO, NC 27205 Address: 2469 OLD COX RD. Owner: CRUMLEY, JAMIE LYNN Address: 471 E DORSETT AVE City, St. Zip: ASHEBORO, NC 27203 Permit #: 2022-00002764 Parcel #: 7678098499 Date: 10/06/2022 Location Address: 2469 OLD COX RD ASHEBORO, NC 27205 Permit Type Code: PZ 2 CONTACT NAME:CRUMLEY, JAMIE Contact Phone:336 953-8700 Acreage: Township:30.4800 09 - GRANT Subdivsion: Lot number: Eric Martin Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Crumley Request Location Map O L D H U M B L E M I L L RDOLD C O X RD 1 inch equals 750 feet Directions to site: NC Hwy 159 S - (L) Old Cox Rd - Site on (L) approx 3/4 mile past Old Humble Mill Rd at 2469 Old Cox Rd. Crumley Rezoning Request !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( R ichlandCreekR i c h l andCre e kOLD C OX RD 1 inch equals 600 feet Variance to allow Class C mobile home (1992) Special Use Permit for Planned Unit Development (2010) NC Zoological Park Request location Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads Streams 50 ft. Stream buffer Flood plains County zoning Districts CEO CVOE E-1 RR Crumley Rezoning Request OLDCO XRD1 inch equals 400 feet NC Zoological Park Legend Parcels Roads 50 ft. Stream buffer Crumley Rezoning Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on right as seen looking toward Old Humble Mill Rd. Picture 6: Request location on left as seen looking toward Zoo Connector. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY JAMIE LYNN CRUMLEY REZONING REQUEST #2022-00002764 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to HI-CD - Heavy Industrial - Conditional District as described in the application of Jamie Lynn Crumley are not consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are not reasonable and not in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Zoo Environmental Area which is an area established in 1973 to protect the NC Zoological Park. Large tracts of undeveloped lands can have major impact on the character of the NC Zoological Park. Changes in this area must be developed in a manner intended to enhance and preserve the character of the NC Zoological Park. B. Consistency with Growth Policies in the Growth Management Plan The Technical Review Committee (TRC) has the following comments regarding this request and its recommendation that the request be denied. The Randolph County Unified Development Ordinance, Article 600, Section 613, describes the E-1 – First Environmental District as: “The purpose of the First Environmental (E-1) District is to provide an area around the North Carolina Zoological Park for low-density mixed land uses, where environmental sensitivity, retention of natural features, and preservation of heritage assets combine to maintain the rural setting. The uses permitted in this District are intended to enhance and preserve the character of the Zoo site. Requests for higher-intensity residential use are considered through standards established in this Ordinance.” The TRC noted that all zoning changes in the E-1 zoning district have been for residential development that is keeping with the characteristics of the community and there has never been a rezoning for commercial use. The Table of Permitted Uses in the Randolph County Unified Development Ordinance, Article 600, Section 618 lists various uses that are allowed in the E-1 zoning district. This list includes, but is not limited to, the following: • Amusements, indoor commercial with a Special Use Permit; • Athletic fields, recreation buildings, playgrounds, etc., by right; • Camping facilities with a Special Use Permit; • Community centers for assembly and recreation with a Special Use Permit; • Subdivisions with an Overlay rezoning; • Freestanding day care centers with a Special Use Permit; • Planned Business, Rural or Unit Developments with a Special Use Permit; and • Pottery shops by right. All of the uses listed above, along with the remainder of the uses listed in the Randolph County Unified Development Ordinance, shows how various commercial operations can be allowed by either a Special Use Permit or allowed by right. Nowhere in the Randolph County Unified Development Ordinance are industrial uses such as a meat processing facility allowed in the area around the North Carolina Zoological Park. The TRC thought it was important to note that without the E-1 – First Environmental District having been the first zoning in the County in 1973, the State of North Carolina would not have placed the North Carolina Zoological Park in Randolph County. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is not consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use could increase the tax base and increase economic activity within the County but are the negative impacts in such close proximity to the North Carolina Zoological Park worth risking the investments from the State of North Carolina? Adopted on November 15, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 5.90 acre parcel out of a 30.48 acre parcel, having the Randolph County Parcel Identification Number of 7678098499 is currently zoned CEO-CD - Commercial Environmental Overlay - Conditional District and RA – Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on November 15, 2022 to consider the proposed rezoning on application number 2022-00002764, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to HI-CD - Heavy Industrial - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on November 15, 2022. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this 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 any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion.