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11NovemberPBPlanning Board Minutes November 15, 2022 Page 1 of 20 RANDOLPH COUNTY PLANNING BOARD MINUTES November 15, 2022 There was a meeting of the Randolph County Planning Board on Tuesday, November 15, 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, called the roll of the Board members. • Reid Pell, Chair, present; • Kemp Davis, Vice-Chair, present; • John Cable, present; • Melinda Vaughan, present; • Reggie Beeson, present; • Ken Austin, present; • Barry Bunting, present; and • Brandon Hedrick, Alternate, 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 November 15, 2022, Planning Board meeting. • Approval of the minutes from the October 4, 2022, Planning Board meeting. Cable made the motion to approve the consent agenda as presented, with Austin making the second to the motion. The motion was adopted unanimously. Pell asked if there were any conflicts of interest to be disclosed. Hearing no conflicts with the upcoming cases from the Board, Johnson presented the first case along with site plans, and pictures of the surrounding properties. REZONING REQUEST #2022-00002764 Planning Board Minutes November 15, 2022 Page 2 of 20 JAMIE LYNN CRUMLEY, Asheboro, NC, is requesting 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. Johnson gave a brief history of how the Environmental One District (E-1) was established, and how it has evolved over the years. He explained that before the NC Zoological Park locating in Randolph County in the early 1970s, they required the County to establish zoning regulations around the perimeter of the NC Zoological Park that would provide land use protection from incompatible uses to the NC Zoological Park. Johnson said eventually as things evolved, Countywide zoning took place while maintaining the E- 1 district as protection to the NC Zoological Park with low-density, and compatible uses to the NC Zoological Park. He said the Randolph County Board of Commissioners have been extremely proactive, as good partners, providing land use protection to the NC Zoological Park as well as considering the citizens’ rights without harm to their neighbors. Pell opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. Jamie Lynn Crumley, 2469 Old Cox Rd., Asheboro, NC, submitted a packet for review during her presentation (Exhibit 1). She said her husband started as a taxidermist which expanded into deer processing, allowing them to become more involved with the agricultural community where they realized the desperate need for processing livestock within Randolph County. Crumley said the Environmental piece of this request was the first thought on her mind when considering this project and that the E-1 District is for “low-density mixed land uses,” and the building she is proposing is a 60 ft. by 60 ft. building with a 20-ft overhang so the actual building would be 3,600 sq. ft. which is a small building on any farm. Crumley continued to say that the retention of natural features is another purpose for E- 1 District and she will be leaving a thick buffer of hardwoods to maintain the natural feature of the property. Crumley said another feature of E-1 District is for “preservation of heritage assets to maintain the rural setting,” and there is nothing more heritage about Randolph County than agriculture which was here before the NC Zoological Park. Crumley said offering an agricultural entity on this property felt very much in line with the E-1 zoning. Referring to page two of her packet, a letter from an environmental engineer, Crumley said she had the property inspected for this project and because the City of Asheboro sewer line is accessible on her property, there is nothing more environmentally friendly than utilizing municipal utilities for a facility that uses that much water. Crumley said a Planning Board Minutes November 15, 2022 Page 3 of 20 facility of this type would have to have acres of septic fields and a retaining pond lagoon which would not be environmentally friendly. Crumley said she has proposed the building be set back off the road, in a wooded area so that it would in no way affect the NC Zoological Park site and the entrance to the NC Zoological Park is approximately 0.87 miles from her property and Old Cox Rd is no longer used as the main road to the NC Zoological Park now that the bypass is complete. Crumley further said her building would be closer to the veterinarian's office located on the NC Zoological Park property and she thought about all of this before considering this to be the right location for her request. Crumley explained that she lives on the property and does not want something obnoxious on her property and these facilities are the same as they were years ago. Crumley talked about the need for this type of facility, that Randolph County is ranked number one for beef cattle in the State. She said bona fide farms are exempt from zoning regulations which would include the production and activities relating to agriculture. Crumley said one of the agricultural uses would be “packing” and by definition is “a facility for slaughtering cattle or other meat animals and processing the carcass and remains for sale,” and could be done on this property as a bona fide farm. Crumley said there is also an option for “rural family occupation of commercial/industrial nature” which would allow her to do the same thing with a Special Use Permit because she resides on the property. She said she was encouraged by the County to ask for Heavy Industrial rezoning. Crumley said she does not feel that her request fits under Heavy Industrial because this is only a 3,600 sq. ft. building which may be smaller than some residential houses. Crumley said there are several letters in the packet given to the Board in support of her request as well as a petition with 338 signatures in support of the proposed facility because the community, animal handling, and having a humane facility are very important to her. In summary, Crumley said she wants to service the small farms in Randolph County, because farmers, producers, and homesteaders need this outlet. She said Randolph County is ranked number one for beef cattle and there are zero locations to take their animals, forcing them to take animals to other states, causing stress on the animals. Crumley said she chose this spot with the utmost attention to “fitting” into the area by utilizing the City of Asheboro sewer, placing the building back far enough on the property that it will not be seen from the road, not adding any signage drawing attention, and will be good neighbors to the surrounding area. Davis asked if the current request had any changes from the original request given to the Board in August. Crumley said she moved the proposed building to allow more of a buffer. Planning Board Minutes November 15, 2022 Page 4 of 20 Bob Crumley, 5224 Wall Brothers Rd, Sophia, NC, said land use planning does not mean total land use exclusion and there was never an intention to have exclusions of any use surrounding the NC Zoological Park. B. Crumley said it was intended to have an emphasis on hotels, convention centers, and convenience stores, assuming it was to provide services for the people visiting the NC Zoological Park and there were many predictions that the County would see an increase in tax base surrounding the NC Zoological Park due to those uses which have not happened. B. Crumley asked if the land use planning, surrounding the NC Zoological Park, is totally exclusionary or is it controlled. B. Crumley said the NC Zoological Park does not have the right to decide what goes on around them. B. Crumley also stated that if J. Crumley wanted, she could have clear-cut her acreage, adding thousands of head of cattle, and their own slaughter facility. He said there are chicken houses located near the entrance to the NC Zoological Park and if that farmers wanted, they could install their own slaughter facility for the chickens. B. Crumley said J. Crumley did not want to do that because she wanted to be restrictive and be a good neighbor. B. Crumley talked about the ownership of property by the NC Zoological Park as well as the Zoological Society which continue to purchase property around the NC Zoological Park and are not required to pay taxes, taking away from the tax base, and causing Randolph County citizens to pay higher percentages of property taxes. B. Crumley also said he would not agree to some big industrial facility developing near the NC Zoological Park, but if this small 3,600 sq. ft. building tucked away into the woods, to help service the needs of Randolph County farmers is not allowed, then what would be allowed? B. Crumley also said this is a heritage business for Randolph County and farmers are waiting eighteen months to two years to process their animals, having to overfeed and overgrow them because they are waiting on a slaughter facility and some of the farmers are driving to Alabama for service. B. Crumley said his family has been long-time supporters of the NC Zoological Park and this is not about them, it is about philosophy. He asked if there would be measured, controlled, safe community businesses allowed around the NC Zoological Park or will nothing be allowed around the NC Zoological Park. B. Crumley said there a quarter of a mile from this location, there is a veterinary facility with a crematorium on site which is not recognized in the County Ordinance, and it sits closer to the road and is visible whereas J. Crumley’s proposal is not. B. Crumley encouraged the Board to continue with what J. Crumley read earlier as the goals for E-1 which are limited mixed-use, supportive of our industry, environmentally sound, and allowing some limited developments for people around the NC Zoological Park. Planning Board Minutes November 15, 2022 Page 5 of 20 JaAnna Bowman Winslow, 6323 Coble Church Rd, Liberty, NC, said she has an Emu farm in Liberty and must haul them to Alabama because there are no local facilities that can handle the volume of processing required for them to have done promptly. Winslow said it costs a lot of extra money to haul all of them and she would prefer to keep the costs local. Having a facility available could keep it local for them. Winslow said if farmers stay local, they are on a long waiting list, costing them extra money to feed and care for the animal during the waiting period. Pell asked for everyone to stand that is in favor of the request. There were sixteen in favor. Dustin Ritter, 3748 Bachelor Creek Rd, Asheboro, NC, said that he is an agriculture teacher in Randolph County and many students do not come from family farms. Ritter said he would like to teach his kids that there are jobs available here in Randolph County and that having this type of facility would be a step in the right direction. Ritter said it is unfortunate that farmers must travel to have processing done. Michael Moss, 4763 Rainbow Trl, Ramseur, NC, registered Angus farmer, and president of the NC Angus Association, said approving this type of facility would have a large economic impact for producers as well as employment opportunities for Randolph County and the tax revenue that comes along with it. Moss said he has approximately forty animals that are getting ready for processing and twenty-five of those are in the final staging with only nine slots available which he has found in Concord. Moss stated that he has been able to secure only two slots per month with a company in Walnut Grove for fourteen animals he has held since May, which has left him holding some of those until more slots open. Moss also said he needed family beef and had to wait for two and one-half months for someone to cancel before processing that one as well. Moss said he is at the point where he would like to expand his business and is unable to do so without access to efficient processing opportunities. Moss said he would like to keep the revenue local by raising the livestock, slaughtering, and processing for retail sales all within our own County. Moss stated there is no reason to pay for shipping his animals out of State, pay for the shipping, and processing costs, and shipping them back to North Carolina to purchase in our grocery stores. Moss said this is a sustainable opportunity for local producers in our County. Moss said he feels this facility can co-exist with the NC Zoological Park to improve quality of life. Roger Pritchard, 2884 Fairview Farm Rd, Asheboro, NC, said he owns a farm that adjoins the NC Zoological Park and feels this can be a win-win situation for the NC Zoological Park and the agricultural community. The NC Zoological Park has a land-use plan that was put together in 2000, and if you look at page 618 of that document, meat markets are allowed, frozen food, and many businesses are allowed by the NC Zoological Park Society. This is not compatible with the Growth Management Plan and nothing is being proposed by J. Crumley that would conflict with the NC Zoological Park. He urged the Board to pass the request. Planning Board Minutes November 15, 2022 Page 6 of 20 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. Cheryl Armstrong, 381 Pinewood Rd, Asheboro, NC, Executive Director of NC Zoological Park Society, representing the Board of Directors, submitted a letter (Exhibit 2), as an official record in opposition to the application. She read the letter to the Board. Jamie Minter, 638 Redding Rd, Asheboro, NC, Director of Animal Health, and Chief Veterinarian for NC Zoological Park, said one of his major concerns of the proximity of the processing facility to the Veterinarian Hospital. Minter said, as mentioned by J. Crumley, shipping livestock causes them to become stressed, causing them to become immune compromised which will cause diseases to take off. Minter said the name for it is “shipping fever” and while those animals are being held for processing, the disease can potentially get to the animals within the NC Zoological Park, unfortunately, the animals at the NC Zoological Park are irreplaceable, and there are a few that are critically endangered. Minter said next door they manage a wildlife rehabilitation facility which he is concerned with due to the noise pollution that comes from a processing facility causing delays or harm to the rehabilitation process. Minter asked the Board to deny the request because this is not the most suitable location. Davis asked Minter if animals from the NC Zoological Park are brought into the veterinarian facility and transported back to the NC Zoological Park. Minter said when an animal is brought to the NC Zoological Park, it must go through a quarantine process which starts at the hospital. Davis asked if NC Zoological Park animals needing assistance are brought to the facility as well. Minter answered yes. Austin asked how many livestock animals he thought reside in the E-1 District. Minter said he would assume there were a lot. Minter said those animals are generally out in the pasture and not under stressful situations like the ones being trailered to a facility. Austin asked how many of those farms are bringing animals from other locations to their farms with the same situation. Minter said those situations do occur, but they are not right next door to his veterinarian complex. Austin said those farms have been within the E-1 district for many years. Minter said there are probably fifty poultry farms within a twenty-five-mile radius of the NC Zoological Park, and he is aware of the livestock surrounding them and in 2016, they lost approximately fifteen animals to shipping fever. Gerry Parker, 7355 Pisgah Covered Bridge Rd, Asheboro, NC, Randolph County landowner for 40 plus years, said that he is a Registered Engineer in North Carolina and South Carolina, and is very familiar with the NC Zoological Park operations. Parker said he would like to point out several things that the applicant has not shown on the proposed site plan. Parker said the bar scale is incorrect, ground areas built upon are not shown correctly, the location of post-construction stormwater controls should be shown, the lighting plan is not shown, surface drainage is misleading, off-street loading and unloading areas are not shown, the radius of the curve is not large enough to handle the large vehicles, the land not suitable for development is not shown, the property owner on the Planning Board Minutes November 15, 2022 Page 7 of 20 north side of the property is not listed, the size and placement of signage are not shown, and the adjacent driveways to the entrance is not shown which is very important. Parker said other questions he would have included would be what are the large concrete pads going to be used for that are shown surrounding the facility, where is the access for the remaining twenty-five acres on this property, and how will the noise, odor, and dust be controlled? Parker said there are additional concerns regarding topography at the site location and the environmental impact it will have on the construction site. Parker further said he has questions regarding the sewer connection crossing the perennial stream as well. Parker said there are concerns about the effect the drawdown will have on the adjoining property owners with their wells. Parker asked how many stories the proposed building would be and how tall will the building be. Parker stated that if the Board decides to approve this request for such a drastic zoning change, then anything goes in the County. Pell asked if anyone in opposition could stand for a count. There were twenty-six in opposition. Chris Scott, 121 E Walker Ave, Asheboro, NC, serves as the in-house lawyer for the NC Zoological Park Society and submitted a copy of a map of the NC Zoological Park area (Exhibit 3). He said the NC Zoological Park Society is very much opposed to the request. Scott said, in addition to being the non-profit supporting the NC Zoological Park for fifty-four years, the Society owns multiple parcels of land surrounding the NC Zoological Park which is preserved for hiking trails, scientific studies, and other portions are dedicated to supporting the NC Zoological Park in other ways such as providing housing for interns that are working for the NC Zoological Park, or meeting space. Scott described where some of the housing parcels were located and the hiking trails on the map provided. Scott said the NC Zoological Park Society’s interest is to support and protect the NC Zoological Park as well as wanting to preserve the nature of the land in the surrounding area. Parker said in August the applicant came before the Board of Adjustment seeking a variance to allow a meat processing facility on an NC Zoological Park adjacent parcel, which was approved by the Board of Adjustment. Parker said shortly afterward, a petition was filed with Superior Court asking for the court to overturn the County’s decision, which has not been resolved and is still pending. Without resolving the pending case, Parker said the applicant decided to file a new application for a rezoning to Heavy Industrial which is the only zoning allowing meat processing and intended for normal operations of noise, odor, and other emissions. Scott continued to explain that the Society is not opposed to agriculture and not opposed to meat processing in general but there are places in the County that are appropriate for that kind of use. Scott said the applicant’s family has a piece of land in the City of Asheboro which was recently rezoned to allow that type of use but the land adjacent to the NC Zoological Park is not appropriate. Planning Board Minutes November 15, 2022 Page 8 of 20 Parker reminded the Board that the Technical Review Committee stated that the proposed rezoning is inappropriate and inconsistent with NC Zoological Park’s environmental area as designated in the County’s Growth Management Plan and that the request is not reasonable and not in the public’s interest. Parker said the rezoning of NC Zoological Park's adjacent land to allow heavy industrial use would be harmful to the NC Zoological Park, which is of crucial importance to this County, not only for the economic development but also for the unique opportunities it provides. Parker said the rezoning request should be denied because it will harm the protection of the NC Zoological Park and the surrounding properties. Davis asked about the appeal not being resolved at this time. Scott said it is his understanding that it has not been resolved. Ben Morgan said the appeal has been filed and his office began circulating a consent earlier in the day for voluntary dismissal. Morgan said he believes the attorneys will want to review and/or amend the document. Morgan said the applicant has indicated that they are withdrawing their Variance, but it does require the signatures of all parties to be filed. Mary Joan Pugh, 668 Maple Ave, Asheboro, NC, said she is there to speak as a professional planner and feels it is her responsibility to speak against the rezoning request. Pugh said in her professional opinion if this rezoning is approved, it constitutes spot zoning which is illegal because it is not consistent with the County’s Growth Management Plan which designates this area and E-1 zoning and does not allow heavy industrial uses such as meat processing facilities. Pugh said the NC General Assembly recently passed a law that prohibits local government from having a zoning ordinance unless they have a comprehensive plan like the Growth Management Plan on which zoning decisions are based. She said the E-1 zoning was designed to protect the properties surrounding the NC Zoological Park and maintain its rural setting. Pugh continued to explain that the E-1 zoning is intended to enhance and preserve the character of the NC Zoological Park site and was a requirement of the State of NC for locating the NC Zoological Park in Randolph County so that its investment could be protected. Pugh said recently the General Assembly has invested $85,000,000.00 towards the construction of Asia and Australia within the NC Zoological Park. Pugh further stated that meat processing facilities are only allowed in Heavy Industrial zoning districts which are designed to allow operations that include noise, dust, odor, and other emissions. Pugh said a meat processing facility on the proposed site would be even more impactful because the property joins one of the most sensitive areas of the E-1 district which includes the animal hospital, the wildlife rehab center, the off-exhibit holding, and the quarantine area. Pugh said the noise alone would be detrimental to the health and welfare Planning Board Minutes November 15, 2022 Page 9 of 20 of these animals as well as other issues Minter mentioned earlier. Pugh said for over 50 years, there has only been one commercial zoning approved within the E-1 district which occurred in May of 2021 on this same property to allow three mini-cabins and a taxidermy shop which was determined to be in harmony with the E-1 district. Pugh said she agrees that Randolph County needs a meat processing facility, but it needs to be located on an appropriate site. In summary, Pugh said if the request is approved, it constitutes a spot zoning which has been ruled illegal because it is not consistent with the County’s Growth Management Plan, E-1 district which was created to protect the land surrounding the NC Zoological Park and maintain its rural setting which does not allow heavy industrial uses such as a meat processing facility, and it does not fulfill the commitment made by the County to the State of NC nearly fifty years ago to maintain the rural character surrounding the NC Zoological Park. Austin asked Pugh if she has any statistical data regarding the noise, odor, and dust that would be caused by this facility. Pugh said in zoning, uses are classified and zoned for compatible areas. Pugh said the facility would be compatible with some other general heavy industrial uses for operations that will produce noise, odor, and other Diane Villa, 220 Sunset Dr N, Asheboro, NC, Director of Communications and Marketing for the NC Zoological Park, said she opposes the request because it is not in the public’s best interest. Villa said the NC Zoological Park is Randolph County’s largest tourist attraction and one of the largest in the State. Villa said the NC Zoological Park attracts more than one million guests annually to experience a natural habitat which is the NC Zoological Park’s hallmark and brand and must be the legacy for generations. Villa said the economic impact for Randolph County is measurable and according to a study, visitors coming to Randolph County spent $172,000,000.00 in 2021 which calculates in tax relief of approximately $91.00 per resident. Villa said the E-1 district was established to enhance and preserve the character of the NC Zoological Park site and this rural environment has become part of the NC Zoological Park’s identity. Villa stated that allowing a rezoning would set a precedence for future heavy industrial development at the NC Zoological Park’s doorstep which would be detrimental to the future of the NC Zoological Park. Villa said development is essential, but we cannot allow it to become the expense of one of the largest attractions in the County. Laura Price, 2567 Old Cox Rd, Asheboro, NC, said she lives on the adjoining property and has concerns about how a meat processing facility will affect her property along with the noise it will generate, the dust, smell, and even the lighting that will be necessary. Price asked about the hours of operation, and without signage what happens when the large trucks and trailers miss the correct driveway and how will it affect the neighbors and their driveway. Planning Board Minutes November 15, 2022 Page 10 of 20 Price said she has lived there for over fifty years and does not want the rural setting to be disturbed. Price also said the NC Zoological Park has been good for Randolph County and zoning should be kept in place to protect it. Tom Kemp, 319 Bossong Dr, Asheboro, NC, real estate broker in NC, said in July of this year he put 233 acres under contract across the road from the subject property and NC Zoological Park property. Kemp said if the proper zoning can be obtained for his tract, it will be a substantial residential development. Kemp stated that he has been told by the developer that if this rezoning request is approved, the developer will not move forward with the development. Kemp said he felt the Board should be aware of this information. Pat Simmons, 360 Newbern Ave, Asheboro, NC, Director of the NC Zoological Park, thanked the Board for sitting through and listening to everything. Simmons said the NC Zoological Park supports Randolph County and wants it to be successful and that the NC Zoological Park brings in a lot of money and friends to the County. Simmons said this is not a matter of the Crumley’s having or not having a meat processing facility or even denying Randolph County farmers to have it. Simmons said the Crumley's are already approved and could start tomorrow on their own Asheboro site that has just recently been approved for Heavy Industrial. Simmons said people have been working behind the scenes to support the Crumley’s because they are very good people and love J. Crumley’s thinking and her ideas but disturbing the E-1 district is inappropriate for what the founding fathers for the NC Zoological Park did fifty years ago by trying to build a long-term, quality, sustainable quality program that kept people working, bringing tax money into the area. Simmons asked for the Board to respect the E-1 zoning and deny this request. Having no additional opposition, Pell asked Crumley if she would like to address some of the concerns that have been presented to the Board. Crumley said she does not own property anywhere else as a second option as mentioned. Crumley said she is extremely dedicated to this project; her mentors are very well-known leaders in this industry. She said this building is not a 30,000 sq. ft. industrial building, it is only 3,600 sq. ft. and as a bona fide farm, all these activities are one hundred percent allowed without restrictions. She said the farmers of Randolph County need this facility, an environmental engineer would be overseeing the project and she is fighting for the agricultural industry in an environmentally friendly area and wants to be a good neighbor. Cable asked how many animals she plans to process. Crumley said you are limited to your cooler space and how long someone wants the product to age in the cooler so numbers can vary. Crumley said there are some days when there could be as little as five in the cooler and other days you could have as many as twenty-five. Cable and Beeson asked how many live animals could be held, waiting to be processed. Crumley said no more than twenty-five. Planning Board Minutes November 15, 2022 Page 11 of 20 Austin if live animals will be held overnight. Crumley said she did not plan to but that might not always be the case and it would be better for the animals to acclimate to the area and calm down before processing. Cable asked what type of animals will be processed on-site. Crumley said she planned cattle and emu only at this time. Austin asked about the capacity of the cooler. Crumley said the maximum capacity would be approximately 150-175. Austin asked if the animals would be delivered off-site for processing. Crumley answered yes. Cable asked how many employees she planned to have and what the hours of operation would be. Crumley said she planned to have five to eight employees and open from 7:00 am until 7:00 pm. Austin asked if she would address the driveway and parking area concerns. Crumley said the traffic pattern is a U to prevent having to turn around. Cable asked if tractor-trailers would be delivering the animals. Crumley said most of the cattle deliveries would be made by fifth-wheel trailers. Beeson asked if she could address the concerns about the height of the building. Crumley said she thought the height of the building would be 16 ft. Austin asked if there would be a second story. Crumley answered no. Cable asked Crumley if she built the treehouses that she was previously approved to construct. Crumley answered no. Crumley said she realized this need during COVID and went in a different direction with her business. Having no further questions for Crumley, Pell closed the public hearing for discussion among the Board members and a motion. Cable said just because you have a lot of people doesn’t mean you are right or wrong, it just means you are organized and brought a lot of people. Cable said the Board weighs all the information to make their decision. Austin expressed concerns about moving forward with a vote on this request when there is a pending court case for the previous variance request and asked Morgan if he could provide any additional information that would have some effect on the Board’s decision. Cable and Davis expressed the same concerns. Davis asked if an agreement to dissolve the appeal for the variance had been signed. Morgan said the agreement has not been signed by all parties. Based on the information given, Cable made a motion to table the request until January 10, 2023, pending the resolution of the appeal. Austin made a second to the motion to table the request. The vote was unanimous by the Board. Planning Board Minutes November 15, 2022 Page 12 of 20 Johnson presented the second case, site plans, and pictures of the surrounding properties. SPECIAL USE PERMIT REQUEST #2022-00002758 HERIBERTO TORRES, Randleman, NC, is requesting 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. Pell opened the public hearing and called for anyone supporting the Special Use Permit request to come forward and speak. Morgan administered an oath to Casandra and Heriberto Torres to speak on behalf of the Special Use Permit Request. Casandra Torres, 1423 Old Farmer Rd, Asheboro, representing her father Heriberto Torres, as his translator, explained to the Board that H. Torres is requesting approval to start using an existing 20 ft. by 30 ft. building on his property as an upholstery shop. C. Torres said H. Torres currently works for May furniture which allows some of their employees to take home extra work, if they have the proper facility, to keep up with production. C. Torres said H. Torres and his two sons will be working in the shop because they work for May furniture as well. Johnson asked how many employees would be working in the shop. C. Torres said it would be three, for now, possibly adding one more in the future. Johnson asked if the work would be maintained within the existing building. C. Torres answered yes. Pell explained to her that if the building needed expansion, the request would have to be presented to the Board again. C. Torres said she understood. Cable asked about the hours of operation. C. Torres said the hours would vary because it would be part-time as needed. Cable asked the type of furniture being worked on and C. Torres said it would be only chairs and ottomans. Pell said he lives within one mile of the property and the building cannot be seen from the road. Beeson said the house seems to sit off the road a good distance but there are always concerns about noise for adjoining properties. C. Torres said she understands. C. Torres said the hours of operation should not exceed 9:00 pm, even in the summer when the time changes and they do not have neighbors located close to the business. Austin asked how the business is generated. C. Torres said May Furniture will provide the work. Cable asked if the work is just overflow from May Furniture and how the material Planning Board Minutes November 15, 2022 Page 13 of 20 would be delivered. C. Torres said the material is provided by May Furniture and would be brought home by H. Torres with his twenty-eight ft. trailer. Austin asked who would provide the raw material for the work. C. Torres stated that all materials needed, would be provided by May Furniture. 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. Cable asked if the request was duly posted and if proper notices were given to residents in the area. It was confirmed that the notices were sent as required and Pell acknowledged that he saw the posted sign. Cable said this is another example of the American dream and thinks it is great. Davis said this is more of a side-line business, not manufacturing furniture, which is located on his property, protected by his property, and there is no opposition to the request. Cable made the motion 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 included in the minutes, as well as the site plan(s) with all agreed-upon revisions, and that the use will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance. Beeson seconded the motion to approve the issuance of the Special Use Permit. The Chair, having a proper motion and second, called the question on the issuance of the Special Use Permit the specified parcel(s) on the Special Use Permit application, based upon the sworn witness testimony included in the minutes, as well as the site plan(s) with 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. The Planning Board voted unanimously to approve the request. Johnson presented the third case, site plans, and pictures of the surrounding properties. Planning Board Minutes November 15, 2022 Page 14 of 20 REZONING REQUEST #2022-00002756 BOGER BROTHERS RE, LLC, Greensboro, NC, is requesting 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. Pell opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. Paul Boger, 103 Knollwood Dr, Greensboro, NC, explained to the Board that he is needing storage space for his existing business. Boger said no one would even know they were on the property. Johnson asked why he decided to locate the building next to the existing residence when it appears there are other areas available on the property. Boger said the area chosen is the only remaining flat area on the property because of the existing septic area and slope of the remaining property. Johnson asked how long been located on the property. Boger said they purchased the property in 2015. Davis asked if they are building this building just for storage. Boger said that is the plan at this time. Davis asked if his business manufactures cabinet tops. Boger answered yes. Boger said they have plenty of room for manufacturing at this time and this facility is for storage only. Boger said they work on residential as well as large commercial jobs which require a lot of material, and this building would provide storage for those until needed because right now the materials will occasionally end up in the employee parking area because of the lack of storage. Davis said there are concerns about noise, dust, and other disturbances because it would be located next to a residence. Boger said he understands the concerns and there will be none of that for storage. Boger said it would be overflow storage to keep out of the elements. Davis asked if there are plans to re-establish a buffer along the property line. Boger said he would be happy to do so. Boger said it would be a fair request. Pell asked if there is room for such a buffer. Boger said they would make room if needed and they could even make the building smaller if needed to make room for buffer. Bunting asked if there would be any signage. Boger said there would be no need for signage for the storage. Beeson asked if there would be an internal drive to the storage facility. Boger said he did not see a way for that to happen as they would probably have to use forklifts for moving material around on the property. Planning Board Minutes November 15, 2022 Page 15 of 20 Pell asked if the building would be open or closed. Boger said closed would be the ideal situation. 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. Francis Litter, 2456 Old Farmer Rd, Asheboro, NC, said is the adjoining property owner. Litter said that he does not want to cause any problems because he is also a business owner and understands the need for storage, but he has concerns about how the proposed building will affect his property value. Litter said he currently has problems with noise from a Harley Davidson motorcycle and headlights shining into his home early in the morning. Cable asked Litter if he also ran a business on his property. Litter answered no and that his business is in Lexington. Cable asked how he feels about the possibility of requiring a strong buffer. Davis said there are levels of buffers that could be required. Vaughan said it is possible to plant trees that are five to six feet tall and within three years, they could potentially grow to be ten feet tall. Having no one else in opposition to the request, Pell closed the public hearing for discussion among the Board members and a motion. Austin read the description of the level three buffer to the other Board members. Johnson explained to the Board that the buffer(s) that are placed on properties do not always work and wanted them to understand the impact on established residential properties when the buffers do not work out. Hedrick said there are no setbacks on the site plan and asked if it would fall under the minimum setback of ten feet for Highway Commercial zoning and policy 4.5 of the Growth Management Plan refers to an “effective buffer”. Johnson said that was very important. Davis said with the information given, there has been an effort to make the request work, but he doesn’t see a way to make it happen. Davis 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. Beeson made a second to deny the rezoning request. The Chair, having a proper motion and second, called the question on denying the rezoning request to rezone the specified parcel(s) on the rezoning application to the Planning Board Minutes November 15, 2022 Page 16 of 20 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. The Planning Board voted to deny it unanimously. Johnson presented the last case, site plans, and pictures of the surrounding properties. REZONING REQUEST #2022-00002761 RUSSELL WYATT BRADY, Ramseur, NC, is requesting 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. Pell opened the public hearing and called for anyone supporting the rezoning request to come forward and speak. Wyatt Brady, 3356 NC Hwy 22 S, Ramseur, NC, explained to the Board that he would like to run a sawmill a couple of days a week with some of the logs he has purchased. Brady said it would be a small business. Brady said he grew up around the business and would like to continue. Johnson asked where the main access to the sawmill would be located. Brady said it would be located off Hinshaw Town Rd. Johnson asked how many employees he planned to have. Brady said he would like to have five or six in the future but right now it would just be himself. Johnson asked how many trucks would be coming in and out of the site with lumber. Brady said some days you may have you will have trucks to make two or three trips and other days, there would be none. Beeson asked if the trucks would be 18-wheelers. Brady answered yes. Cable asked if the proposed area shown on the site plan is currently being used. Brady said he currently parks some of his equipment on the property. Davis asked for a description of the type of equipment that would be running on-site. Brady said it is a circular saw unit, ran by a John Deere diesel power unit. Davis asked if he would have planers or debarkers. Brady answered no and that it would be just a sawmill and edger. Brady said he plans to saw crossties and pallet wood. Planning Board Minutes November 15, 2022 Page 17 of 20 Bunting asked how close his property is to the school. Brady said probably four to five miles. Austin asked if the driveway shown on the site-plan is existing or will have to be installed. Brady said the drive is already there and that he will have to install a tile to park equipment. Austin asked if the drive is gravel. Brady answered yes. Davis said he visited the site and feels the entrance on Hinshaw Town Rd is probably in the safest spot rather than having a drive on NC Hwy 22 S which would not be a good location. Austin asked about the hours of operation. Brady said the sawmill would run from 7:00 am until 4:00 pm and it would not operate daily. Davis asked if the sawmill, not far from that location, is still in operation. Brady answered no. Johnson asked why a large portion of the was clear-cut. Brady said it was done mainly for access. Pell asked if there was anyone that would like to speak in opposition to the request. William Johnson, 2946 Hwy 22 S, Ramseur, NC, said several neighbors could not be present for the meeting and he agreed to speak on their behalf. W. Johnson submitted a letter on their behalf with some of the concerns (Exhibit 4). W. Johnson said the proposal would be positioned in an extremely hazardous intersection with a lot of school traffic. W. Johnson stated in the morning drivers have a face full of sun, causing a lot of accidents. W. Johnson said he was unable to obtain the accident report from the NC Department of Transportation (NCDOT). W. Johnson said the NCDOT does not have an application or permit for the commercial driveway for that site at this time. W. Johnson related how the mud, debris, noise, material handling, and unsightly appearances are all a concern of this request. W. Johnson said there is a level three buffer shown on the site plan along most of the perimeter except the roadway which the neighbors will see. W. Johnson stated he understands that you do not want obstructions to interfere with the site distances for vehicles but that is the very spot that the neighbors will have to see. W. Johnson said that property values are also a concern for the existing property owners and the possibility of the sawmill growing beyond the two to three days a week. Pell asked W. Johnson where his house is in relation to the proposed sawmill. W. Johnson said he is just north on NC Hwy 22 S, towards Ramseur, past the intersection. Davis asked if all the people who signed his petition were located on NC Hwy 22 S. W. Johnson answered no, but most of them are within proximity and would like to have some assurances that the sawmill will not get out of hand. Planning Board Minutes November 15, 2022 Page 18 of 20 Brady said he was not aware of a driveway permit. Brady said he could install a buffer to help with the noise concerns and that he would want to set the buffer back to prevent site interference. Austin asked Brady if he felt he had enough space and could comply with a driveway permit required by NCDOT. Brady answered yes. Vaughan said it needs to be clear that his operation will be small and that it does not get out of hand as some situations have in the past. Brady said he only wants to work on his logs, and he will not be buying wood from others. Rhonda Workman, 3016 NC Hwy 22 S, Ramseur, NC, said she lives in the closest proximity to the proposed sawmill and has lived there for twenty-two years. Workman said there is a blind curve at the intersection and is very dangerous and adding additional logging traffic will be detrimental. Workman said if a buffer were to be added, the limited space will interfere with the line of sight for the logging trucks. Workman said she also has concerns that Brady will not have sufficient space to fulfill the requirements by NCDOT for the driveway permits. Workman also asked what recourse the neighbors would have if the sawmill operation expanded. Pell closed the public hearing for discussion among the Board members and a motion. Davis said the description of this application is a conditional request so the decision made by the Board will have to be followed by the applicant if it is passed. Beeson said if the Board decides to pass the request, he would like to add a condition that a buffer, along the road, be added and placed back far enough so that it will not interfere with traffic site distances. Davis said if Brady expands the sawmill, he would be required to come before the Board again. Hedrick suggested the hours of operation should be added as a condition as well. Cable said Brady should be clear about what is being asked of him when he leaves. Pell asked Brady if he understands the conditions as they have been presented. Brady answered yes. Johnson said that Brady would have to sign a new application with the conditions before the Board vote, and if those conditions are not followed, it will be a violation of his zoning permit which could go to Court with fines. Beeson said the buffers shown on the perimeter of the site plan should also be set back so that they do not impede visibility for traffic. Davis said there is to be a level three buffer added to the road on Hinshaw Town Rd, offset for proper visibility, if expansion is necessary, he will come back before the Board Planning Board Minutes November 15, 2022 Page 19 of 20 for revisions, and the hours of operation will be Monday through Saturday from 7:00 am until 4:00 pm. 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. Bunting made a second to the motion to approve the rezoning request. The Chair, having a proper motion and second, called the question on 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. The vote was six to one with Austin voting against the rezoning request. Having no further business, Pell called for a motion to adjourn the meeting. Cable made the motion to adjourn, with Austin making the second to the motion and the motion was adopted unanimously. The meeting adjourned at 9:42 p.m., with 58 citizens present. RANDOLPH COUNTY NORTH CAROLINA ________________________ Chairman _________________________ _______________________________ Clerk to the Board Date Planning Board Minutes November 15, 2022 Page 20 of 20 Approved by the Randolph County Planning Board December 6, 2022