Loading...
01JanuaryPBPlanning Board Agenda January 10, 2023 Page 1 of 3 RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 RANDOLPH COUNTY PLANNING BOARD AGENDA January 10, 2023 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 January 10, 2023, Planning Board meeting. • Approval of the minutes from the December 6, 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 #2022-00003162 The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by JAMES MATTHEW AND HALEIGH PAIGE POOLE, Denton, NC, and their request to obtain a Planning Board Agenda January 10, 2023 Page 2 of 3 Special Use Permit at 6345 Bombay School Rd, New Hope Township, Tax ID #6697331685, 2.71 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a hair salon in an existing 24 ft. by 15 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. SPECIAL USE PERMIT REQUEST #2022-00003163 The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by KAYDEN NICHOLSON, Trinity, NC, and their request to obtain a Special Use Permit at 3710 Thayer Rd, Tabernacle Township, Lake Reese Balance Watershed, Tax ID #7705017102, Homewood Acres Subdivision Revised Section 2, lot 2A, 0.87 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a small furniture maker in an existing 24 ft. by 48 ft. building with no employees 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 #2022-00003164 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by DIANA RARICK, Franklinville, NC, and her request to rezone 0.85 acres out of 10.20 acres at 3264 Whites Memorial Rd, Franklinville Township, Tax ID #7784985132, Rural Growth Area, from RR - Residential Restricted and RA – Residential Agricultural District to RA - Residential Agricultural District. The proposed rezoning would allow any uses permitted by right in the RA – Residential Agricultural District. REZONING REQUEST #2022-00003236 The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by GREGORY R BENNETT, Liberty, NC, and his request to rezone 5.51 acres on Andrew Hunter Rd, Franklinville Township, Tax ID #7781799897, Gregory R Bennett and Angela Leak Subdivision lot number 1, Primary Growth Area, from RR - Residential Restricted and RA – Residential Agricultural District to HC - Highway Commercial District. The proposed rezoning would allow any uses Planning Board Agenda January 10, 2023 Page 3 of 3 permitted by right in the HC – Highway Commercial District. 7. Adjournment. Attachments Planning 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 January 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 Poole Nicholson Rarick Bennett CASE SUMMARY FOR SPECIAL USE REQUEST #2022-00003162 The Randolph County Planning Board will hold a duly published and notified Quasi- judicial Hearing on the request by JAMES MATTHEW AND HALEIGH PAIGE POOLE, Denton, NC, and their request to obtain a Special Use Permit at 6345 Bombay School Rd, New Hope Township, Tax ID #6697331685, 2.71 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a hair salon in an existing 24 ft. by 15 ft. building as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN 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?: YES 3710668600KFlood 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 A HAIR SALON IN AN EXISTING 24 FT X 15 FT. BUILDING AS PER THE SITE PLAN Signature of Applicant: Eric Martin Authorized County Official Applicant: POOLE, JAMES MATTHEW & POOLE, HALEIGH PAIGE City, St. Zip: DENTON, NC 27239 Address: 6345 BOMBAY SCHOOL RD. Owner: POOLE, JAMES MATTHEW Address: 6701 BELLS GROVE RD City, St. Zip: DENTON, NC 27239 Permit #: 2022-00003162 Parcel #: 6697331685 Date: 11/22/2022 Location Address: 6345 BOMBAY SCHOOL RD DENTON, NC 27239 Permit Type Code: PZ 3 CONTACT NAME:POOLE, MATTHEW Contact Phone:336 963-5001 Acreage: Township:2.7100 12 - NEW HOPE 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 Poole Special Use Permit Request Location Map NC HWY 47 N C H W Y 4 9 S BOMBAYSCHOOLRD 1 inch equals 400 feet ?k ?k ?i Directions to site: NC Hwy 49 S - (L) Bombay School Rd - Site on (R) approx. 1000 ft at 6345 Bombay School Rd. Poole Special Use Permit Request !( !( !( !( !( !( !( !(!( !( !( !( !( N C H W Y 4 9 S NC HWY 47 BOMBAYSCHOOLRD 1 inch equals 400 feet Rezoned for convenience store with gas pump (1990) Special Use Permit for sales of exotic birds (1988) Special Use Permit for screen printing business (1990) Request location ?k ?i RA HC Districts County zoning Flood plains 50 ft. Stream buffer Streams Roads Temporary Structure!( Permanent Structure!( Type Structures Parcels Legend Poole Special Use Permit Request BOMBAYSCHOOLRD 1 inch equals 250 feet ?k Legend Parcels Roads 50 ft. Stream buffer Flood plains Poole Special Use Permit Request Picture 1: Request location. Picture 2: Building to be used for hair salon. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward NC Hwy 49 S. Picture 6: Request location on right as seen looking toward New Hope Rd. COUNTY OF RANDOLPH ORDER Choose the decision. SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY JAMES MATTHEW AND HALEIGH PAIGE POOLE SPECIAL USE REQUEST #2022-00003162 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on January 10, 2023, 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 6345 Bombay School 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 James Matthew and Haleigh Paige Poole 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 January 10, 2023. _____________________________________ 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. CASE SUMMARY FOR SPECIAL USE REQUEST #2022-00003163 The Randolph County Planning Board will hold a duly published and notified Quasi- judicial Hearing on the request by KAYDEN NICHOLSON, Trinity, NC, and their request to obtain a Special Use Permit at 3710 Thayer Rd, Tabernacle Township, Lake Reese Balance Watershed, Tax ID #7705017102, Homewood Acres Subdivision Revised Section 2, lot 2A, 0.87 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a small furniture maker in an existing 24 ft. by 48 ft. existing building with no employees as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN 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: LAKE REESE WATERSHED Class A Flood Plain On Prop?: NO 3710770400JFlood 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 A SMALL FURNITURE MAKER IN AN EXISTING 24 FT BY 48 FT EXISTING BUILDING WITH NO EMPLOYEES AS PER THE SITE PLAN Signature of Applicant: Eric Martin Authorized County Official Applicant: NICHOLSON, KAYDEN City, St. Zip: TRINITY, NC 27370 Address: 3710 THAYER RD. Owner: NICHOLSON, KAYDEN Address: 3710 THAYER RD City, St. Zip: TRINITY, NC 27370 Permit #: 2022-00003163 Parcel #: 7705017102 Date: 11/22/2022 Location Address: 3710 THAYER RD TRINITY, NC 27370 Permit Type Code: PZ 3 CONTACT NAME:NICHOLSON, KAYDEN Contact Phone:336 410-3443 HOMEWOOD AC REV2A Acreage: Township:0.8700 18 - TABERNACLE 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 Nicholson Special Use Permit Request Location Map FIN C H F A R M R D THAYERRD 1 inch equals 200 feet Directions to site: US Hwy 64 W - (R) Gallimore Town Rd - (R) Tabernacle Church Rd - (R) Finch Farm Rd - (R) Thayer Rd - Site on (L) at 3710 Thayer Rd. Nicholson Special Use Permit Request !( !( !( !( !( !( !( !( !( !( FI N C H F A R M R D THAYER RD The request is located in Lake Reese Balance Watershed Area. 1 inch equals 200 feet Rezoned for 3 lot subdivision (2002) Request location Legend Parcels Structures Type !(Permanent Structure Roads WaterBodies Streams 50 ft. Stream buffer County zoning Districts CVOE RA Nicholson Special Use Permit Request FI N C H F A R M R D THAYER RD The request is located in Lake Reese Balance Watershed Area. 1 inch equals 100 feet Existing residence Legend Parcels Roads Existing building for furniture maker Nicholson Special Use Permit Request FI N C H F A R M R D THAYER RD The request is located in Lake Reese Balance Watershed Area. 1 inch equals 200 feet Legend Parcels Roads WaterBodies 50 ft. Stream buffer Nicholson Special Use Permit Request Picture 1: Request location. Picture 2: Existing building for furniture maker. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Property across road from request location. Picture 6: Request location on left. COUNTY OF RANDOLPH ORDER Choose the decision. SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY KAYDEN NICHOLSON SPECIAL USE REQUEST #2022-00003163 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on January 10, 2023, 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 3710 Thayer 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 Kayden Nicholson 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 January 10, 2023. _____________________________________ 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 #2022-00003164 GENERAL INFORMATION Applicant: Diana S. Rarick Property Owner: Diana S. Rarick Hearing Type: Legislative Request: To rezone to property to allow any uses allowed in the RA – Residential Agricultural District. Current Zoning: RR – Residential Restricted District and RA – Residential Agricultural District Requested Zoning: RA – Residential Agricultural District Small Area Plan: None Growth Management: Rural Growth Area Watershed Overlay: None Flood Plain Overlay: None Airport Overlay: None Location: 3264 Whites Memorial Rd Parcel Number: 7784985132 Parcel Size: 0.85 acres out of 10.20 acres Existing Use: Single-family residential Staff Report and Map Amendment Evaluation Page 2 of 4 SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RR - Residential Restricted District Single-family residential South RR - Residential Restricted 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 613 (ex. Fencing, buffers, etc.): RA: RESIDENTIAL AGRICULTURAL DISTRICT PURPOSE The purpose of the Residential Agricultural (RA) District is to provide a place for agricultural operations, forestry, scattered non-farm residences on traditional rural lots while preserving rural open space and natural heritage assets. To maintain rural character only minor conventional residential subdivisions are allowed in this District. Requests for higher-intensity residential use are considered through standards established in this Ordinance and found to be consistent, reasonable, and in the public interest with the Randolph County Growth Management Plan. 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 Staff Report and Map Amendment Evaluation Page 3 of 4 Lot width 100 ft. at the 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 consistent, reasonable, and in the public interest; and • Should be APPROVED 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 6.5: The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: This area of the County contains large lots of single-family residential development. By approving this request, the Board would be protecting the existing rural neighborhood and would continue to reflect the desire quality of life in Randolph County. Staff Report and Map Amendment Evaluation Page 4 of 4 Policy 6.20: The County should create compact neighborhoods accessible to open space amenities and with a strong community identity. Consistency Analysis: By approving this request, the Board would recognize the value of large lots and the feeling of a strong community in this established community. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is 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 will also increase the tax base and increase economic activity within the County. PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RR-RESIDENTIAL RESTRICTED DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: YES Flood Plain Map #: 3710778400J 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: 0.8500 Lot Size Indicator: ACRE(S) Proposed Zoning District: RA-RESIDENTIAL AGRICULTURAL DISTRICT Proposed Use(S): Condition(S): Applicant: RARICK, DIANA S. City, St. Zip: FRANKLINVILLE, NC 27248 Address: 3264 WHITES MEMORIAL RD. Owner: RARICK, DIANA S Address: 3264 WHITES MEMORIAL RD City, St. Zip: FRANKLINVILLE, NC 27248 Permit #: 2022-00003164 Parcel #: 7784985132 Date: 11/22/2022 Location Address: 3264 WHITES MEMORIAL RD FRANKLINVILLE, NC 27248 Permit Type Code: PZ 2 CONTACT NAME:RARICK, DIANA Contact Phone:336 736-9182 Acreage: Township:10.2000 08 - FRANKLINVILLE 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 Rarick Rezoning Request Location Map HALLRD O L D LIBERTYRD WHITESMEMORIALRD 1 inch equals 400 feet Directions to site: Old Liberty Rd N - (R) Whites Memorial Rd - Site on (L) at 3264 Whites Memorial Rd. Rarick Rezoning Request !( !( !( !( !( !( !( !( !( !( !( !( !( !( Bush Creek HALL RD O L D LIBERTY R D WHITESMEMORIALRD 1 inch equals 400 feet W M and Lois Lineberry S/D Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads WaterBodies Streams 50 ft. Stream buffer Flood plains County zoning Districts RA RR Request location Rarick Rezoning Request Bush Creek HALL RD O L D LIBERTY R D WHITESMEMORIALRD 1 inch equals 400 feet Legend Parcels Roads WaterBodies 50 ft. Stream buffer Flood plains Rarick Rezoning Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Property across road from request location. Picture 5: Request location on right as seen looking toward Hall Rd. Picture 6: Request location on left as seen looking toward Marclif Rd. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY DIANA S RARICK REZONING REQUEST #2022-00003164 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 RA - Residential Agricultural District as described in the application of Diana S Rarick are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and 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 Rural Growth Area which generally have rural density, predominately agricultural and rural residential development along with large undeveloped tracts. B. Consistency with Growth Policies in the Growth Management Plan Policy 6.5: The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: This area of the County contains large lots of single-family residential development. By approving this request, the Board would be protecting the existing rural neighborhood and would continue to reflect the desire quality of life in Randolph County. Policy 6.20: The County should create compact neighborhoods accessible to open space amenities and with a strong community identity. Consistency Analysis: By approving this request, the Board would recognize the value of large lots and the feeling of a strong community in this established community. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is 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 will also increase the tax base and increase economic activity within the County. Adopted on January 10, 2023. _____________________________________ 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 0.85 acre parcel out 10.20 acres, having the Randolph County Parcel Identification Number of 7784985132 is currently zoned RR - Residential Restricted and RA – Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on January 10, 2023 to consider the proposed rezoning on application number 2022-00003164, 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 RA - Residential Agricultural 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 January 10, 2023. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE A 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 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 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 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 #2022-00003236 GENERAL INFORMATION Applicant: Gregory R. Bennett Property Owner: Gregory R. Bennett Hearing Type: Legislative Request: To rezone the property to allow any uses permitted by right in the HC – Highway Commercial District. Current Zoning: RA – Residential Agricultural District and RR – Residential Restricted District Requested Zoning: HC – Highway Commercial District Small Area Plan: None Growth Management: Primary Growth Area Watershed Overlay: None Flood Plain Overlay: None Airport Overlay: None Location: Andrew Hunter Rd Parcel Number: 7781799897 Parcel Size: 5.51 acres Existing Use: Vacant Staff Report and Map Amendment Evaluation Page 2 of 4 SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RR - Residential Restricted District Single-family residential South RA - Residential Agricultural District Single-family residential and commercial East RR - Residential Restricted 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 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. 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 Staff Report and Map Amendment Evaluation Page 3 of 4 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 consistent, reasonable, and in the public interest; and • Should be APPROVED 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 4.1: Provide for sites in Randolph County jurisdiction where rural commercial activity can locate with the goal of increasing economic activity, job creation, and the provision of services to the rural community. Consistency Analysis: This area of the County is identified by the Randolph County Growth Management Plan as a Primary Growth Area. Over the years, this area has undergone a transition to a mix of residential and commercial uses. Approving this request would increase economic activity, create jobs, and provide services to this community. Policy 4.6: Compatible land uses such as rural neighborhood retail and service establishments located close to general residential areas should be considered during the rezoning process with the general goal of reducing automobile travel distances and promoting better livability in the community. Staff Report and Map Amendment Evaluation Page 4 of 4 Consistency Analysis: As stated previously, this area has undergone a transition to a mix of to a mix of residential and commercial uses. Approving this request could reduce the travel distances that the residents of the area must travel to get needed goods and could improve the livability of the community. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is 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 will also increase the tax base and increase economic activity within the County. 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 #: 3710778000J Growth Management Areas:PRIMARY 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: 5.5100 Lot Size Indicator: ACRE(S) Proposed Zoning District: HC-HIGHWAY COMMERCIAL DISTRICT Proposed Use(S): Condition(S): Applicant: BENNETT, GREGORY City, St. Zip: ASHEBORO, NC 27205 Address: 352 CHANEY RD. Owner: BENNETT, GREGORY R Address: 7590 OLD 421 RD City, St. Zip: LIBERTY, NC 27298 Permit #: 2022-00003236 Parcel #: 7781799897 Date: 12/01/2022 Location Address: Permit Type Code: PZ 2 CONTACT NAME:BENNETT, GREGORY Contact Phone:336 953-0849 GREGORY R BENNETT & ANGELA LEAK1 Acreage: Township:5.5100 08 - FRANKLINVILLE 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 Bennett Rezoning Request Location Map FO X F I R E R D US HWY 64 E AN D R E W H U N T E R R D 1 inch equals 250 feet I¤I¤ Directions to site: US Hwy 64 E - (L) Andrew Hunter Rd - Site on (L) approx. 300 ft. Bennett Rezoning Request !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !( !(!( !( !( !( !( !( !( !( !( FO X F I R E R D ERNEST RD US HWY 64 E AN D R E W H U N T E R R D 1 inch equals 400 feet Rezoned for indoor flea market (2004) Rezoned for mobile home sales (1997) Request location I¤I¤ Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure Roads WaterBodies Streams 50 ft. Stream buffer County zoning Districts HC RA RR Bennett Rezoning Request US HWY 64 E AN D R E W H U N T E R R D 1 inch equals 200 feet I¤ Legend Parcels Roads WaterBodies 50 ft. Stream buffer Bennett Rezoning Request Picture 1: Request Location. Picture 2: Existing building across from request location. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Adjacent residence. Picture 6: Adjacent residence. COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY GREGORY R BENNETT REZONING REQUEST #2022-00003236 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 - Highway Commercial District as described in the application of Gregory R Bennett are consistent with the Randolph County Unified Development Ordinance and the 2009 Randolph County Growth Management Plan and are reasonable and 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 Primary Growth Area which generally lie along major transportation corridors and have access to urban services. This parcel is along on Andrew Hunter Rd just off of US Hwy 64 E which is a major transportation corridor. B. Consistency with Growth Policies in the Growth Management Plan Policy 4.1: Provide for sites in Randolph County jurisdiction where rural commercial activity can locate with the goal of increasing economic activity, job creation, and the provision of services to the rural community. Consistency Analysis: This area of the County is identified by the Randolph County Growth Management Plan as a Primary Growth Area. Over the years, this area has undergone a transition to a mix of residential and commercial uses. Approving this request would increase economic activity, create jobs, and provide services to this community. Policy 4.6: Compatible land uses such as rural neighborhood retail and service establishments located close to general residential areas should be considered during the rezoning process with the general goal of reducing automobile travel distances and promoting better livability in the community. Consistency Analysis: As stated previously, this area has undergone a transition to a mix of to a mix of residential and commercial uses. Approving this request could reduce the travel distances that the residents of the area must travel to get needed goods and could improve the livability of the community. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is 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 will also increase the tax base and increase economic activity within the County. Adopted on January 10, 2023. _____________________________________ 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 5.51 acre parcel, having the Randolph County Parcel Identification Number of 7781799897 is currently zoned RR - Residential Restricted and RA – Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on January 10, 2023 to consider the proposed rezoning on application number 2022-00003236, 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 - Highway Commercial 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 January 10, 2023. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board MOTION TO APPROVE A 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 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 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 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.