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12DecemberPBPlanning Board Minutes December 6, 2022 Page 1 of 12 RANDOLPH COUNTY PLANNING BOARD MINUTES December 6, 2022 There was a meeting of the Randolph County Planning Board on Tuesday, December 6, 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, absent; • Reggie Beeson, present; • Ken Austin, present; • Barry Bunting, present; and • Brandon Hedrick, Alternate, present, filling in for Melinda Vaughan. County Attorney, Ben Morgan, was also present. H. 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 December 6, 2022, Planning Board meeting. • Approval of the minutes from the November 15, 2022, Planning Board meeting. Bunting 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 the Board members if there were any conflicts in the following cases. Hearing none, H. Johnson presented the first case along with site plans, and pictures of the site and surrounding properties. Planning Board Minutes December 6, 2022 Page 2 of 12 SPECIAL USE PERMIT REQUEST #2022-00002953 The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by BRANDON L TESSIER, Asheboro, NC, and his request to obtain a Special Use Permit at 390 Mack Rd, Cedar Grove Township, Tax ID #7750036615, 0.70 acres, RE - Residential Exclusive District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow an automobile sales lot with as many as ten used automobiles on the site as per the site plan. Pell opened the public hearing and called for anyone wishing to speak for or against the request to come forward and take the oath before giving testimony on the request. Morgan administered the oath to Brandon Tessier. Brandon L Tessier, 390 Mack Rd, Asheboro, told the Planning Board that he has lived on the property for some time and that he and his other two brothers like to buy, fix, and then sell used automobiles. B. Tessier said that he and his brothers want to do all that work and all the operations will be off Mack Rd and out of site. B. Tessier said that customers would come to the property only via online appointments. H. Johnson asked B. Tessier how long he had owned the property and B. Tessier said that he had owned the property for four or five years. H. Johnson asked B. Tessier if there would be any junk vehicles and B. Tessier said there would be no junk vehicles on the property but that they may buy a used automobile that needs a little work before being sold. Cable asked about the hours of operation and B. Tessier said that their hours would be 9:00 am to 7:00 pm, Monday through Friday and that the weekend would be by appointment only as B. Tessier and his brothers all work full time and this will be a part-time operation. Tommy Tessier, 1491 Buck Ford Rd, Asheboro, rose to address the Board and Morgan administered the oath. T. Tessier said that he is the brother of the applicant and that they were wanting to start small, with this rural family business. Pell asked if there were any questions from Board members. Cable asked if Tessier if he has a business plan or outline for business operations and growth. T. Tessier said they do have a business plan and that he will be helping along with their younger brother. T. Tessier said that the business plan is to take it slow and see where it goes and that they hope this business will be a stepping-stone to move to a different location but that now it is too expensive to go somewhere else to start the business. Kevin Luck, 376 Mack Rd, Asheboro, rose to address the Planning Board and Morgan administered the oath. Luck said that he owns the property to the north of the request location, and he does not have a problem with the request. Luck said the south property line has a lot of vegetation so the operation would not be seen. Planning Board Minutes December 6, 2022 Page 3 of 12 Brentley Tessier, 330 Montana Ln., Spring Lake, rose to address the Planning Board and Morgan administered the oath. Brentley Tessier said that he is the third brother, and he would be the one getting the dealer’s license from the NC Department of Motor Vehicles. H. Johnson asked Brentley Tessier if the dealer’s license limited the number of vehicles to be displayed on the site and Brentley Tessier replied that the number of vehicles on display would be regulated by County zoning and the Special Use Permit. Cable asked how the cars will arrive at the site. B. Tessier said they plan to purchase the model year 2000 and newer at the auto auction. B. Tessier said they want cars that just need tune-ups and other minor work. Davis asked B. Tessier if he understood that they are probably maxing out property with the proposed development and if anything changes, they will have to come back to the Planning Board. B. Tessier said that they understand. Alvin Voncannon, 420 Mack Rd, Asheboro, rose to address the Planning Board and Morgan administered the oath. Voncannon wanted to say that he is next door property owner and has no issue with the request as there is a fence around the property and it protects him and the applicant. Davis asked Voncannon where his property is in relation to the request location and Voncannon said that his property is on the left and cannot be seen on the site plan. 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. Marty Hunt, 353 Mack Rd, Asheboro, rose to address the Planning Board and Morgan administered the oath. Hunt said that she was wondering about the zoning and if this Special Use Permit would impact property taxes and H. Johnson replied that the Special Use Permit would not impact her property. Pell said that with the Special Use Permit, the property owner could not do anything else on the property. Hunt asked questions about the traffic on Mack Rd. Pell asked if there were any questions from Board members. Davis asked Hunt where he lived, and he replied that he lived across the street at 353 Mack Rd. Beeson said that he originally had reservations on the application due to traffic on Mack Rd but since it will be operated by appointment only, that will take care of traffic Hunt asked if the Special Use Permit impacts just one parcel and H. Johnson answered yes. Planning Board Minutes December 6, 2022 Page 4 of 12 Amy Kearns, 752 Mack Rd, Asheboro, rose to address the Planning Board and Morgan administered the oath. Kearns said her family has owned property in this area for one hundred years and, if approved, the Special Use Permit could set a precedent for other operations in the area. Kearns also expressed concerns about so much traffic on Mack Rd and that she has been trying to get the NC Department of Transportation to change the speed limit as it is dangerous pulling out into Mack Rd. Pell asked if there were any other questions from Board members. H. Johnson said the decision by the Board will be for this property only and will not set precedent for later development along Mack Rd. Terry Johnson, 373 Mack Rd, Asheboro, rose to address the Planning Board and Morgan administered oath. T. Johnson showed the Planning Board on the site plans where his residence is located and said he had moved to the site approximately one and one-half years ago from Greensboro. T. Johnson told the Planning Board that he had letters from the adjoining property owners in opposition to the request and submitted those to the Clerk to be included as part of the record (Exhibit 1). T. Johnson told the Board that the letters he has submitted are from other property owners that are widows or people that had to work and could not attend the meeting. He said that they are not worried about traffic or taxes but just want to make sure that the Special Use Permit will not change their property zoning. H. Johnson said that the Special Use Permit does not impact any other properties on Mack Rd. T. Johnson said he was a little wary about what the applicant said regarding Saturday operations until two or three o’clock because they have heard the applicants working at night and on weekends in the past. Cable asked T. Johnson if he submitted six letters as evidence and T. Johnson replied that he was not sure. Davis said that the applicants stated they work full-time jobs at other locations and do not understand how they could work the proposed hours of operation with full-time jobs. Pell asked if there was anyone else that wanted to speak in opposition to the Special Use Permit. Hearing none, Pell closed the public hearing for discussion among the Board members and a motion. Davis said that the evidence shows that most of the impact will be on neighbors. Hedrick said the request location is in a Primary Growth Area and he did have some concerns about how this request would be consistent with the Growth Management Plan. Hedrick said that after looking at the Unified Development Ordinance, it provided Planning Board Minutes December 6, 2022 Page 5 of 12 clarification about parts and storage of vehicles as these uses are defined in the Unified Development Ordinance. Cable said the Planning Board members know that he is a strong supporter of growth and new business and commends the applicant for trying to start a business. He said he has concerns about the number of cars and parking area, whether it would be conducive to the area and if it will be properly hidden. He said he worries it will be turned into an area of blight. Bunting said that he has the same concerns as Cable and wonders if this is the right venue for the area. Pell called for a motion. Davis said that he hates to discourage them and if they stick to what they have said stick to the rules, he thinks it meets the required tests to approve a Special Use permit. Davis made 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. Beeson seconded the motion to APPROVE the Special Use Permit. Pell, having a proper motion and second, called the question on the motion to approve the Special Use Permit request, and the motion was adopted by a six-to-one vote. H. Jonson announced the approval of the request and reminded the applicant that he must remain in compliance with the conditions that have been set for the approval. H. Johnson presented the second case, site plans, and pictures of the site and surrounding properties. SPECIAL USE PERMIT REQUEST #2022-00002952 The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by VINCENT HARRIS HILL, Asheboro, NC, and his request to obtain a Special Use Permit at 1222 Henley Ctry Rd, Franklinville Township, Tax ID #7772352623, 3.50 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow obtaining a federal firearms license for the sales of firearms at the existing residence as per the site plan. Planning Board Minutes December 6, 2022 Page 6 of 12 Pell opened the public hearing and called for anyone wishing to speak for or against the request to come forward and take the oath before giving testimony on the request. Morgan administered the oath to Vincent Hill. Vincent Hill, 1222 Henley Ctry Rd, Asheboro, rose to address the Planning Board and said that he plans to have a small business, located within the existing house. Hill said the business would be from internet sales and word of mouth and he would handle transfers of ownership. He said there would be residential traffic and no large trucks. H. Johnson asked Hill if there would be a shooting range and Hill responded that there will not be a shooting range and all the business will be in the house. He said the US Bureau of Alcohol, Tobacco, and Firearms requires local approval before issuing the federal license. Pell asked if there were any other questions from Board members. Cable asked Hill if he will be gunsmithing on site and Hill responded that he is not a gunsmith. He said he will just be a clearing house with a maximum of ten firearms at one time and there will be no inventory at the house. Cable asked Hill if he has a security system and Hill responded that he does have a security system. Cable then asked Hill approximately how many firearms he will keep available for sale. Hill said there may be as many as ten per month. Austin asked if there would be hours of operation. Hill responded that his schedule would be by appointment only. Davis asked Hill if he would be selling ammunition. Hill responded that he hadn’t thought about ammunition but he would possibly pick up some occasionally for clients. Pell asked if there would be signs posted. Hill answered no. 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 the staff if the request was properly posted and if neighbors were notified. The staff confirmed proper notifications and postings were completed. Hedrick mentioned that the property is surrounded by Primary Growth Area as well. Cable made 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 Planning Board Minutes December 6, 2022 Page 7 of 12 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 Special Use Permit. Pell, having a proper motion and second, called the question on the motion to approve the Special Use Permit request, and the motion was adopted unanimously. H. Johnson presented the third case, site plans, and pictures of the site and surrounding properties. REZONING REQUEST #2022-00002998 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by TARNIK FUNDS, LLC, Springs, TX, and their request to rezone 2.99 acres out of 11.52 acres at 2549 Old 421 Rd, Columbia Township, Rocky River Balance Watershed, Tax ID #8734595597, Primary Growth Area, from RA - Residential Agricultural District to HI - Heavy Industrial District. The proposed rezoning would allow any uses permitted by right in the HI – Heavy Industrial District. Pell opened the public hearing and called for anyone wishing to speak in favor of the request to come forward and address the Planning Board. H R Gallimore, 231 S Fayetteville St, Asheboro, rose to address the Planning Board and stated that he is the agent for the property owner, Tarnik Funds, LLC. Gallimore said the property is located adjacent to the railroad as well as Pilgrim’s Pride chicken processing plant. He said this entire section of the County will be in transition due to the Toyota Megasite so the owner would like various options for development. Davis asked if the property would be leased and Gallimore replied that the owner would like to lease the property but doesn’t know how realistic that would be. 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 meeting was properly published, and the property owners were notified. County staff stated that all legal requirements were met. Cable said this area of the County is changing due to the Megasite and he has no problems with the request based on what has been presented. Hedrick stated that the Consistency, Reasonableness, and In the Public Interest Statement from the agenda packet was “spot on” for the request. Pell asked if there was any other discussion among the Planning Board members. Planning Board Minutes December 6, 2022 Page 8 of 12 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. Bunting made a second to the motion to APPROVE the rezoning request. Pell, having a proper motion and second, called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. H. Johnson then presented the last case of the night along with site plans and photographs of the request location. REZONING REQUEST #2022-00003031 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by EVERARDO SUAREZ CANAS, Sophia, NC, and his request to rezone 2.99 acres out of a 11.93 acres on 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 as per the site plan. Pell opened the public hearing and called for anyone wishing to speak in favor of the request to come forward and address the Planning Board. Everado Canas, 4423 Pine Needle Ln., Sophia, rose to address the Planning Board and stated that he would like to put a building on the property for two different companies. Davis asked Canas about changes that were made since the last public hearing. Canas said that the questions about the septic system have been addressed and fencing has been added along the property lines which are both being shown on the new site plan. Davis asked if the fence would be along all the property lines and Canas stated there would be a fence along all the property lines, except the natural buffer remaining on the rear of the property. He said the only trees that will be removed from the property will be what is necessary for the septic system and construction of the building area and storage. Davis asked about a fence along the drive next to the golf course and Canas said it would be fenced until you reached the existing wood line. Austin asked if Canas would be fencing the entire 2.99 acres that is the area to be rezoned and Canas said it would be fenced with a gate to limit access. Planning Board Minutes December 6, 2022 Page 9 of 12 Cable asked Canas if he is now leaving trees on the property that he planned to remove at the last public hearing. Canas said the trees will now remain as shown on the updated site plan. Austin stated that at the previous public hearing that the golf course was in support of the rezoning request, and he wondered if Canas still has the support of the golf course. Canas said that the has talked with the golf course and they are still in support of the request. Cable said that based on the site plan, the only entrance is the gated drive on US Hwy 311 and Canas replied that Cable’s statement was correct. Davis stated that the site plan shows a display area for containers along US Hwy 311 and asked Canas if that is correct and Canas responded that the site plan is correct. Pell asked if the Board members had other questions for the applicant. Pell also said that Mack Summey, the engineer for the site was present if the Board had any questions. Mack Summey, 150 S. Fayetteville St., Asheboro, rose to address the Planning Board and explained to the Board that his office would be preparing all of the necessary plans and obtaining permits to begin development if the request is approved. Davis asked Summey if the plan for the septic system includes two bathrooms and Summey replied that the permitting would be processed through the County and their requirements would be based on the number of employees. Richard Hollingsworth, 7933 US Hwy 311, Archdale, owner of the adjacent Golf Course, rose to address the Planning Board about the septic field in the south rear corner of the property and asked if that area would be completely cleared. Hollingsworth was told that, based on the statement by Canas, he would only remove the trees that are necessary to install the septic system and the remainder of the tree should stay on the property. 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 Hollingsworth if all his questions were answered, and Hollingsworth said his questions had been answered. Davis said that the site plan shows the septic area to be in the rear of the property and that Canas said they would only clear the trees necessary for the septic system. Hollingsworth said he is satisfied with their proposal. Planning Board Minutes December 6, 2022 Page 10 of 12 Cable stated that Canas was asked to withdraw his request and work on improving his plan. He said the site does not take away from the appearance of the Golf Course, and he appreciates Canas improving his plan to benefit all involved. Davis stated that he feels the current site plan is more complete than the one presented at the previous Planning Board meeting. Hedrick thanked Canas for making the necessary adjustments that were discussed at the last meeting and although not everyone saw the opaque fencing as the best solution for the property, it is required by the Randolph County Unified Development Ordinance for outdoor storage. 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. Austin made a second to the motion to APPROVE the rezoning request. Pell, having a proper motion and second, called the question on the motion to approve the rezoning request, and the motion was adopted unanimously. H. Johnson reminded the applicant that the rezoning approval would not be sent until the sixteenth day after the public hearing because of the possibility of an appeal. Pell announced that the December 13, 2022, Planning Session has been canceled. H. Johnson said that never in his career has he seen as many changes taking place in the County, and he cannot imagine what this County will look like in five years. H. Johnson explained how the Randolph County Growth Management Plan needs to be updated due to the Greensboro-Randolph County Megasite and Chatham megasite and that we all need to make sure that the Randolph County Growth Management Plan is the best we can get. H. Johnson said that the current plan was designed for a different world and, moving forward, the County will be working with the municipalities to coordinate utilities and that will also cause more updates needed for the Randolph County Growth Management Plan. H. Johnson said that he has been discussing the Randolph County Growth Management Plan with the Board of County Commissioners as they will have to allocate funding to update the Randolph County Growth Management Plan. H. Johnson said that he expects the Board of County Commissioners and the Planning Board to come together to update the Randolph County Growth Management Plan. H. Johnson told the Planning Board that he expects to work with the Piedmont Triad Regional Council to do the update and that he will be presenting the request for funding to the Board of County Commissioners in January 2023, to enable the process to begin as soon as possible. He Planning Board Minutes December 6, 2022 Page 11 of 12 said the plan is to have all interested parties work on the update together because 2023 will be a crucial time for the County and the decisions the Planning Board makes are critical. H. Johnson then asked the Board to think about where we want growth to go and how that will work for everyone as we move forward. Davis said that it has been nice to have someone with H. Johnson’s experience as the Planning Board tackles the issues the County is facing. Austin asked about a potential timeline and H. Johnson said there is no timeline set, but he is hoping to have the process completed in six months if possible. Beeson said both megasites will bring employees to reside in Randolph County and many good things are going to happen in the future. Davis asked if this means more meetings for the Planning Board and Johnson answered yes. Hedrick thanked H. Johnson for the insights and said that the current Randolph County Growth Management Plan is good compared to other Counties and he hopes it will make the process easy for everyone to understand and use the updated plan. 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. Pell, having a proper motion, and second, called the question on the motion to ADJOURN. The motion passed unanimously. The meeting adjourned at 7:58 p.m., with 18 citizens present. RANDOLPH COUNTY NORTH CAROLINA ________________________ Chairman _________________________ _______________________________ Clerk to the Board Date Planning Board Minutes December 6, 2022 Page 12 of 12 Approved by Randolph County Planning Board January 10, 2023