02FebruaryPBPlanning Board Minutes February 7, 2023 Page 1 of 11
RANDOLPH COUNTY PLANNING BOARD
MINUTES February 7, 2023
There was a meeting of the Randolph County Planning Board on Tuesday, February 7, 2023, 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, announced that the Crumley case, postponed until
tonight’s meeting has been postponed again and will probably be heard in March. Johnson also stated that the County has not received a request for a rock quarry in the Staley area and no public hearing will be held on this request until an application has been submitted. Johnson also discussed the review process before the request will be heard in a public hearing. Johnson also stated that Gordon's request will not be heard
at the meeting tonight due to his wife being in labor and no one being present to give testimony on the case. The Gordon case will be heard at the March Planning Board meeting. Johnson called the roll of the Board members.
• Reid Pell, Chair, present;
• Kemp Davis, Vice-Chair, present;
• John Cable, present;
• Melinda Vaughan, present;
• Reggie Beeson, present;
• Ken Austin, present;
• Barry Bunting, present; and
• Brandon Hedrick, Alternate, present. County Attorney, Ben Morgan, was also present. Johnson informed the Chairman there was a quorum of the members present for the meeting. Pell called for a motion to approve the consent agenda as presented.
Consent Agenda:
• Approval of agenda for the February 7, 2023, Planning Board meeting.
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• Approval of the minutes from the January 10, 2023, Planning Board meeting.
Cable made the motion to table Gordon’s request until the March 7, 2023, Planning Board meeting if he was not present and to approve the remainder of 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, Johnson presented the first case along with site plans, and pictures of the site and surrounding properties.
SPECIAL USE PERMIT REQUEST #2023-00000010
The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by MICHAEL THOMAS
HEIL, Randleman, NC, and his request to obtain a Special Use Permit at
1449 Planning Board Agenda February 7, 2023 Page 2 of 2 New Salem Rd, Providence Township, Polecat Creek Balance Watershed, Tax ID #7776334652, 6.27 acres, RA - Residential Agricultural District and RR – Residential Restricted District. It is the desire of the applicant to obtain
a Special Use Permit to specifically allow obtaining a Federal Firearms
License to sell firearms and accessories and to allow on-site manufacturing (assembly of firearms) in the existing residence 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 Michael Thomas Heil, the applicant for the Special Use Permit.
Michael Heil, 1449 New Salem Rd, Randleman, told the Planning Board that he is
wanting to start this proposed business as a side business and hopefully turn it into a full-time business at which time he would then move the business into a properly zoned storefront. Heil stated that he will be taking more training for sales of firearms and that the federal Bureau of Alcohol, Tobacco and Firearms and Explosives, hereinafter ATF,
required him to obtain the federal firearms license, hereinafter FFL, to manufacture firearms. Heil stated that he was not planning to build any additional structures to manufacture and sell his products. Heil said that he is planning to have an online store and go to gun shows and that he would have no employees. Heil said that if family or
friends come over to his residence, he would be willing to help them and that there would
be no test firing of any firearms that he sells. Heil said that he does have a range in his backyard for his personal use as allowed by State and County laws. Cable asked Heil how he could tell the difference between the use of his personal firing
range and test firing what he is planning on selling. Heil said that he does not shoot very
often as his wife is very sensitive to loud noises and he wants to keep the disturbances
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to a minimum and that he does not want to have firearms on site. Heil stated that he would rather have and sell just firearm accessories (ex., ammunition, etc.) but it all
depends on what ATF requires him to do moving forward.
Austin asked if Heil had any plans to secure firearms that he may be working on, such as cameras or alarm systems. Heil responded that he has a Ring doorbell and there is only one entry to his property so he does not have security cameras.
Davis asked Heil about possibly test firing of weapons that he would have on his property since there was nothing on the Special Use Permit application about the test firing of weapons.
Morgan stated that property owner can fire their own weapons on their property but that
the test firing of other weapons would require rezoning and that under State and County law property owners can only fire their personal firearms. Heil stated that he is okay with complying with this restriction. Heil asked for clarification on the test fire if he did the firing or if someone else did the firing and Morgan said that Heil could fire his personal firearms
for his personal use and Heil said that is what he is going to do at the site.
Bunting asked Heil if he would be doing repairs to firearms and Heil responded that he would probably not be doing repair work as it is not worth his time.
Morgan stated that Heil would be basically getting parts from various locations and then
putting them together and Heil responded that Morgan was correct in his statement. Pell asked if there were any other questions from Planning Board members for Heil. Hearing none, 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. Denise Saunders, 4546 Riveroaks Dr, Randleman, rose to address the Planning Board
and Morgan swore in Saunders before she spoke. Saunders stated that the property is
a pie-shaped piece of property and that she has lived at the site since 2007 and that she is concerned about the possible Special Use Permit and had several questions. Saunders listed all her questions so either Board or Morgan could answer at one time.
(The questions follow below with the answer after the question.)
1. Would the zoning approval move forward with the property if the property was sold to someone else? Morgan stated that the Special Use Permit would not transfer to a different property owner. (Article 100, Section 106
of the Randolph County Unified Ordinance states, “Unless provided
otherwise by law, all rights, privileges, benefits, burdens, and obligations
created by development approvals (e.g., Rezonings, Special Use Permits,
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Variances) made according to this Ordinance shall attach to and run with the land for perpetuity.”)
2. The property is in the Polecat Creek Balance Watershed, and would the proposed operation have any impacts on the watershed? Morgan stated that he does not know of any impacts on the watershed due to the proposed operation.
3. What measures would Heil be taking to secure the firearms on the site? Saunders stated that she would assume that every firearm would be test fired at least once. Morgan said that Heil could address this question.
4. Would there be tracking of shell casings as required by federal law to
determine if a firearm was used in committing a crime? Morgan said that he was not aware of any law, Federal or State, that requires tracking of shell casings.
5. If the Special Use Permit was approved, what would prevent Heil from
turning the operation into a public firing range? Morgan said that a gun range would be prohibited as it is not part of the application for the Special Use Permit and the County Code Enforcement Officers cannot stop Heil from shooting on his own property.
6. What are the findings of fact that are required to show that the proposal will not harm property values? Morgan said that the Planning Board is not involved in property values or access and that anyone wanting to provide evidence regarding property values but be credible and certified to give
evidence of any impacts on property values.
7. Saunders asked the Planning Board to table the request until all the questions have been answered.
Morgan then administered the oath to Deborah Barkle, 4618 Riveroaks Dr, Randleman,
and she asked if the Special Use Permit application specifies a difference between assembly and manufacturing and Morgan said that the application says assembly of
firearms.
Barkle spoke about the number of children in the area around the request location.
Sherri Fonner, 4626 Riveroaks Dr, Randleman, rose to address the Planning Board after Morgan administered the oath. Fonner stated that she used to be an appraiser but no longer has a license and she thinks this request will be “very bad” for property values.
Fonner said that she was opposed to Heil having retail sales at the site and Morgan said
that the application does not allow retail sales. Fonner closed her comments by asking who would purchase a firearm without test firing a firearm.
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Tommy Kirkman, 4713 Riveroaks Dr, Randleman, addressed the Board after being sworn in by Morgan and stated that he has lived in the area for his entire life and at his
current location for 13 years and this is not a good location for the type of operation being
proposed. Kirkman asked how it would be possible to ensure that Heil was only firing his personal firearm and that there would be a fine line between personal weapon firing when doing
the assembly. Kirkman stated that Heil could test fire any firearm until the gun is sold
and claim that it is his personal firearm, but the neighbors would be the ones hearing the noise and no one wants the entire subdivision rezoned to allow this request. Morgan stated that the application is limited to what Heil has requested and only on his property and if Heil wants to change any conditions, he will have to come back to the Planning
Board for the conditions to be amended.
Clancy Barkle, 4618 Riveroaks Dr, Randleman, was sworn in by Morgan to testify before the Planning Board. Barkle stated that he had a question about the RA and RR zoning as they both allow gunsmithing but requires a Special Use Permit. Barkle said this
request is concerning because the application is too open and the community would like
more details about the proposed operation. Tom Murray, 4591 Riveroaks Dr., Randleman, addressed the Planning Board after being sworn in by Morgan and asked about traffic coming to the site and said there is nothing
stating that the operation cannot extend beyond internet sales. Morgan said that retail
sales are prohibited as it is not listed on the application. Murray said that he was still concerned about site security. Pell asked if anyone else in opposition to the request wanted to speak. Hearing none,
Pell asked Heil if he wanted to address the comments and questions presented by the
opposition. Heil said that he would address the concerns the best he can. As for the Polecat Creek Balance Watershed area, Heil said that he would not be using any chemicals other than
regular household cleaners. Heil said that he keeps his house locked and that any
ammunition or firearms will be stored in a locked safe in the basement of his home. Heil then addressed the questions regarding not being able to test-fire a gun and he stated that if someone purchases a gun in a retail store, they are not allowed to test-fire
the firearm before the purchase.
Heil stated that he did not know anything about the tracking of discharged shells but he guessed that for forensic purposes, he would assume that the test fire would have to be done in a clean area and would probably have to be done at a shooting range. Heil further
stated that he has not heard of this requirement, but if it was necessary, he would go to
a commercial shooting range to meet this requirement.
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Cable asked Heil if he had talked to anyone else doing what he is proposing, and Heil said that he moved to this area and has only taken training at this time. Cable asked
approximately how many parts Heil would have on hand at one time. Heil said that he
would start with ammunition and accessories as he is not comfortable selling firearms at his residence. Heil stated that the ATF requires him to have an FFL to sell ammunition and that after additional training he would like to buy and sell firearms at gun shows and via the internet.
Cable asked Heil how many parts it takes to make a firearm and how he plans to secure the items. Heil said that does not know the number of parts but if he did have firearms at his residence, he would prefer it to be only one firearm at a time and it will be locked up.
Cable asked Heil if the firearm or parts would be locked in a safe or closet and Heil stated
that the supplies would be behind lock and key. Davis asked Heil to describe his typical business transaction. Heil said that he typically received a customer’s order, which he orders from his supplier and after receiving the
supplies in the mail, he will then send them to the customer because he does not want
people at his house due to his family being there. Heil said that he mostly uses UPS for shipping as FedEx will not ship firearms. Morgan asked Heil how he receives his orders and Heil said it was either via his website
or at gun shows. He said he plans to have shirts printed with the web address on them.
Austin asked Heil if customers are buying guns without ever seeing what they are purchasing. Heil stated that he does not want people coming to his house to see the firearms but they look at his website to see what he has and when the order is placed and
paid, he will ship the order.
Pell asked Heil how he advertised his gun or accessories for sale and Heil responded either through his website or at gun shows and that this would be a part-time business and does not want people at his residence where his family lives.
Beeson asked if the Planning Board could amend the application to remove manufacturing and Morgan said the Board could amend the application only if the applicant agrees.
Austin asked Heil if he is going to sell ammunition at this time and Heil said that he would
be selling ammunition. Austin asked how much ammunition would be stored at Heil’s house and Heil responded that he would keep the ammunition to a minimum. Austin asked about security and Heil said the ammunition would be in his fireproof safe in the basement of his house.
Cable asked Heil if he has a business plan that outlines where he wants the business to go and to try and see all the details. Heil stated that he did not have a business plan at this time since he did not need a loan to start the business.
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Pell asked if there were any other questions from the Planning Board for the applicant. Hearing none, Pell closed the public hearing for discussion among the Board members
and a motion.
Cable said that the neighbors have asked good questions that could have been answered by the applicant before the meeting. Cable further stated that the Planning Board has seen several similar applications in the past several years, and most people do not want
signs bringing attention to their FFL activities due to safety issues. Cable said there are
strict restrictions on gun ranges. He also said he had been in law enforcement for 40 years at which time he purchased firearms without shooting them until later. Cable further stated that this request is for a start-up and if the business grows, he will have to go to another location. Cable said that he appreciates everyone’s concern and they all had
good questions about safety and security and these are all the questions the Planning
Board wants to know. Cable said that the thinks all of the items have been addressed by Heil. Austin asked what would happen if Heil deviated from the application or the Special Use
Permit if it was approved. Johnson said that Heil would have to come back to the
Planning Board to get the permits updated and that the surrounding property owners can file complaints with the County Planning Department if Heil does not follow the conditions of the Special Use Permit.
Johnson reminded Heil that if approved, the Special Use Permit allows the County to
intervene if he goes beyond his stated and sworn statements. Pell said that everything stated in the meeting will be in the minutes.
Hedrick mentioned the four findings of fact that the Board must find to approve the
Special Use Permit application. Pell called for a motion to either approve or deny the Special Use Permit application.
Bunting 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. Cable 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 rezoning request, and the motion was adopted unanimously.
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Johnson presented the second case, site plans, and pictures of the site and surrounding properties. Gordon was not present as his wife was in labor at a local hospital, so the
Planning Board tabled this request until March 7, 2023, as indicated in the Consent
Agenda section of these minutes. SPECIAL USE PERMIT REQUEST #2023-00000015
The Randolph County Planning Board will hold a duly published and notified Quasi-judicial Hearing on the request by ANTOINE GORDON, Sophia, NC, and their request to obtain a Special Use Permit at 3457 Beckerdite Rd, Back Creek Township, Tax ID #7734655151, 5.04 acres, RA - Residential
Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow an outside storage lot for automobiles, excluding junk vehicles, as per the site plan. Johnson presented the last case of the night along with site plans, and pictures of the
site and surrounding properties. REZONING REQUEST #2023-00000051
The Randolph County Planning Board will hold a duly published and notified Legislative Hearing on the request by CAROL E WILSON, Randleman, NC, and her request to rezone 40,942 sq. ft. out of 19.41 acres at 6590 US Hwy
311, New Market Township, Randleman Lake Protected Area Watershed, Tax ID #7746118749, Primary Growth Area, from RA - Residential
Agricultural District to HC-CD - Highway Commercial - Conditional District. The proposed Conditional Zoning District would specifically allow a U-Haul 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. Carol E Wilson, 720 S. Main St., Randleman, the applicant, rose to address the Planning
Board and said that she wants to rezone the property for a U-Haul business that is
currently located at another location. Johnson asked Wilson what she plans to do with the rest of the property and Wilson stated that she was not planning to do anything with the remainder of the property, and
she was just looking to rezone the property along US Hwy 311. Wilson was asked if the
existing trees would remain in the rear of the property and Wilson replied that the tree would remain on the property. Wilson stated that she only wanted the property along US Hwy 311 rezoned and that Planning Staff advised her to request a Conditional Zoning
District that would hold her to the specified use of the property.
Pell asked if there were any questions from the Planning Board. Davis asked Wilson if there were any buildings on the property and Wilson replied, “No.”
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Davis then asked Wilson how long she had owned the property and Wilson stated that she had owned the property since November 2022. Davis then asked Wilson if the
access to the rear of the property was via Nelson Park Rd and Wilson replied, “Yes.” Beeson asked Wilson about the site plan and if she was keeping a right-of-way to access the back of the property and Wilson replied that she is leaving an access on both sides of the property to be rezoned. Wilson discussed the site plan as showing the buildings,
parking area, and the forty-foot drive to get to the rear of the property.
Morgan asked how Wilson accessed the back of the property and Wilson said that the access is via Nelson Park Rd.
Beeson stated that by looking at the site plan, it shows a forty-foot marking between the
area to be rezoned and the adjoining property line. Davis asked Wilson about the area between the property line and the proposed building and Wilson said this area is being retained as a buffer area and that they are trying to
protect the adjoining residence.
Davis asked Wilson for more specifics as to the operation on the site. Wilson stated that the units will go out and come back in after they are rented. Wilson further stated that they will not be repairing the units and will also be selling accessories like moving boxes
and wiring harnesses.
Bunting asked Wilson if there would be any signage and she stated that there will be a U-Haul sign at the site.
Wilson was asked about hours of operation, and she said that the business would be
closed on Sunday. Austin asked Wilson if they planned to fence the area and how many vehicles they would usually have on the site. Wilson replied that at most they have had six trailers and eight
U-Haul vehicles. Wilson also stated that there would not be enough vehicles on the site
to warrant a fence being installed and that they also have a camera system that they will install on the site. Cable asked Wilson if she is moving the business from Randleman to this location and
if it is a retail establishment to which Wilson responded yes to both questions.
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.
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With no opposition to the request, Cable asked if the request was advertised and properly posted, and the Planning Staff confirmed that all legal procedures were completed as
required by the Randolph County Unified Development Ordinance. Beeson raised concern about the forty-foot easement to the rear of the property as it could cause some congestion.
Cable said he thought this was a good location for this type of business and it would fit in with the area and the Growth Management Plan. 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. Vaughan 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.
Johnson explained the 15-day waiting period for a possible appeal and a permit will follow that waiting period. Having no further *business, Pell called for a motion to ADJOURN the meeting. Davis
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 7:37 p.m., with twenty citizens present.
RANDOLPH COUNTY NORTH CAROLINA ________________________ Chairman
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_________________________ _______________________________ Clerk to the Board Date
Approved by Randolph County Planning Board March 7, 2023