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022023 Zoning appealSpecial Meeting February 20, 2023 — Zoning Appeals The Randolph County Board of Commissioners met in special session at 6:00 p.m. in the 1909 Randolph County Historic Courthouse Meeting Room, 145 Worth Street, Asheboro, NC. Chairman Darrell Frye, Vice -Chairman David Allen, Commissioner Hope Haywood, Commissioner Maxton McDowell, and Commissioner Kenny Kidd were present. Also present were County Manager Hal Johnson, County Attorney Ben Morgan, and Clerk to the Board Dana Crisco. County Manager Hal Johnson reviewed the following request: WILLIAM JOHNSON, has requested to APPEAL the decision made by the Randolph County Planning Board to rezone 4.30 acres out 30.48 acres at 3360 NC Hwy 22 S, Coleridge Township, Tax ID 48710601520, Secondary Growth Area, from RA - Residential Agricultural District to RIO -CD - Rural Industrial Overlay - Conditional District. The proposed Conditional Zoning District would specifically allow a sawmill in a proposed 40 ft. by 80 ft. building as per the site plan. Public Hearing Chairman Frye opened the Public Hearing at 6:04 p.m. and closed it after anyone wanting to speak had done so. Russell Wyatt Brady, 3356 NC Hwy South, Ramseur, said he works in the logging business. He wishes to use this saw mill to cut cross ties. He doesn't see this becoming a massive operation. They may saw logs once or twice in a month or a week or so at a time, then not for months. He feels that the maximum number of employees would be six. Chairman Frye asked if this was a start-up. He said he was brought up around a saw mill. He just purchased his saw mill last year. Chairman Frye questioned Mr. Brady about the hours of operation. Mr. Brady was a little unsure what had been decided at the Planning Board. Both Commissioner McDowell and Chairman Frye agreed that the hours of operation noted by the Planning Board were 7 a.m.- 4 p.m. Monday through Saturday. When asked about buffers, Mr. Brady commented on the site plan and said the buffers are level three and there should be one on Hinshaw Town Road. Commissioner Haywood asked why he chose to cut cross ties. Mr. Brady replied that his grandfather had cut cross ties and that is what he helped with as he grew up. Commissioner McDowell confirmed that the rezoning request was only for the 4.3 acres with the buffers. Mr. Brady agreed. Commissioner Allen asked if lumber would be stored for a long period of time. Mr. Brady said no because that doesn't pay him. 2/20/23 Commissioner McDowell questioned if the building would be enclosed. Mr. Brady said it would be partially enclosed. Commissioner McDowell asked how many trucks would come in per week. Mr. Brady estimated no more than twenty trucks. Commissioner Allen asked Mr. Hal Johnson what would need to be rezoned in the future. Mr. Johnson replied that if expansion beyond the 4.3 acres occurred or if other activities started to occur. Mr. Brady agreed to the conditions. William Johnson, 2946 NC Hwy 22 S, Ramseur, gave his reason for his opposition to the request. He felt that the Planning Board did not fairly hear the case to approve it. Mr. Brady has yet to obtain a driveway permit. A vegetative buffer will take a long time to become effective. He and his neighbors are concerned about the traffic, accidents, possible expansion of the business, and more industrial zoning that could potentially occur. Chairman Frye stated that the Board does not handle driveway permits. Mr. William Johnson said he asked the North Carolina Department of Transportation (NCDOT) for an accident summary (following these minutes as Attachment A). He provided the Board with this summary and some photos of the intersection in question. He is very concerned about the possibility of accidents. Commissioner Allen reviewed the NCDOT accident summary. He stated that the report shows there have been ten accidents in the last five years. Mr. Ben Morgan, County Attorney, stated that the Planning Board takes the job very seriously. Conflicts of interest were called for and no Board members said that they had a conflict. Emily Johnson, 2648 NC Hwy 22 S, Ramseur, is opposed to the Conditional Zoning for a sawmill. She said she and her husband had sold property for the Buffalo Trail subdivision in the mid-1990s. She provided pictures for the Board (following these minutes as Attachment B) showing where the homes were located in the subdivision. Ms. Johnson had assured the buyers that the surrounding land had been farmland for years with families passing the property down in their family. At the Planning Board hearing, she said that Board members should have recused themselves since they knew the Brady family. She feels that the owners in that area will be bothered by the sawmill noise, dust, mud, and debris. Rhonda Workman, 3016 NC Hwy 22 S, Ramseur, does not want a sawmill across the street from her. She provided pictures of her house and the view across the street from her (following these minutes as Attachment C). She and her late husband had built their home in this location to have the peace and calmness of nature. She was frustrated when the area across the street was clear cut as shown in the pictures. She noted that the Technical Review Committee had voted to deny the request. The statement mentioned reasons for denial were the area having been clear cut 2/20/23 and the amount of school traffic at this intersection. She hopes the Board will overturn the Planning Board decision to rezone. Mike Hansen, 2857 Parks Crossroads Church Rd., Coleridge, was not at the original Planning Board hearing. He referenced the Strategic Plan goals of attracting new business, improving the health and wellbeing of citizens, maintaining a strong agricultural industry, and providing transportation safety. He didn't think that the Planning Board had considered these factors when considering the request. He urges the Board to consider the NCDOT report showing the number of accidents at that intersection and the decision of the Technical Review Committee. Rezoning this property to a commercial business will set a precedence for more farmland to be taken away in the future. Celia Harris, 2504 NC Hwy 22 S, Ramseur, has the same concerns as the other citizens. She stated that the area was clear cut before the Planning Board hearing, a driveway permit has not be approved, and the new buffer will need to be maintained. She has the perception that the Planning Board gave the applicant more than he has asked for and ignored the concerns of the Technical Review Committee. Mr. Morgan said the original application had no hours. That is why the hours of operation were discussed. Ms. Harris thinks that the applicant will not follow the rules set forth and the operation will get out of control. The Clerk to the Board reported that information given to her said the Planning Board noted the hours of operation to be 7 a.m. until 4 p.m. Monday through Friday and 7 a.m. until 12:00 p.m. on Saturdays. Mr. Hal Johnson confirmed that the applicant had signed an updated application agreeing to those hours of operation. Discussion Commissioner Kidd asked about a driveway permit from the NCDOT. Chairman Frye asked Mr. Brady if he had applied and he confirmed he had. Commissioner McDowell said the hours of operation need to be confirmed and the buffer should be determined. The Planning Department would make sure the buffer is created and maintained. Chairman Frye said the site plan did not include a buffer on Hinshaw Town Rd. Mr. Hal Johnson stated that the Planning Board felt it could hinder the ability to see the road safely. He agreed with Mr. Morgan that the Planning Board did not have any conflicts of interest. He said that wood processing is a rural activity. Because of the industrial designation wood processing in rural areas is somewhat confusing. He stressed that the zoning restrictions are necessary because many businesses grow beyond the original zoning and need to come back to the Planning Board. Chairman Frye addressed the buffer on Hinshaw Town Rd. Mr. Johnson reiterated that the Planning Board was concerned about visibility on the road. 2/20/23 Commissioner Allen clarified that the conditions of the Planning Board are voided because of this hearing. Commissioner McDowell restated the hours of operation should be decided. Chairman Frye said he wants to see a buffer along the road. Commissioner Haywood felt that the gravel driveway would cut down on mud and dust. Commissioners Allen and McDowell disagreed. It would depend on the amount of gravel, the outdoor conditions, and the weight of the trucks. Commissioner McDowell suggested giving an explanation to the citizens of what a level three buffer was. Mr. Hal Johnson stated it was three rows of evergreens staggered to provide blockage. Level three is the highest level of buffering. Chairman Frye confirmed with Mr. Brady that he would agree to a level three buffer. He said yes. Commissioner McDowell recommended that the hours of operation would be 7 a.m. - 4 p.m. Monday through Friday. Mr. Brady agreed to those hours. Mr. Morgan restated that the applicant has agreed to a level three buffer along Hinshaw Town Rd. that is set back as not to impede traffic visibility and the hours of operation being 7 a.m.- 4 p.m. Monday through Friday only. Commissioner Haywood questioned the existing buffer along one side. It was explained that the applicant cannot rely on the buffer of the neighbor. Chairman Frye said once the applicant has signed the updated Ordinance with the restrictions, the Board can make a motion. CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY RUSSELL WYATT BRADY REZONING REQUEST #2022-00002761 According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Board of Commissioners finds that the proposed zoning district map amendments to RIO -CD - Rural Industrial Overlay - Conditional District as described in the application of Russell Wyatt Brady is 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 2/20/23 The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Secondary Growth Area which generally are medium density, predominately residential and has transitional land use patterns. B. Consistency with Growth Policies in the Growth Management Plan Policy 3.6 The County should encourage the use of performance-based rural industrial overlay zoning when the use of large acreage, natural buffer extensive landscaping would not have substantial adverse impact upon the general area growth characteristics, and the location of such a site would substantially increase economic activity, job creation, and the tax base of Randolph County. Consistency Analysis: A portion of this property is being requested to be rezoned to RIO -CD — Rural Industrial Overlay — Conditional District as identified in the policy above. Through the use of buffers and limited operational hours, the applicant could potentially create jobs, increase economic activity and increase the tax base of the County. Policy 3.7 Sustainable economic growth, environmental protection, and quality of life shall be pursued together as mutually supporting growth management goals. Consistency Analysis: The applicant, by agreeing to place a Level III Buffer around the perimeter of the property set back from the property line to allow sight distances and the establishment of limited operation hours, is working to protect the quality of life of the area residents as required by the Growth Management Plan. 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. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA WHEREAS, a 4.30 acre parcel out of 13.31 acre parcel, having the Randolph County Parcel Identification Number of 871601520 is currently zoned RA - Residential Agricultural District and RR Residential Restricted District by Randolph County, North Carolina; and 2/20/23 WHEREAS, the Randolph County Board of Commissioners has conducted a duly noticed public hearing on February 20, 2023 to consider the proposed rezoning on application number 2022-00002761, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; and 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 BOARD OF COMMISSIONERS THAT, the property is hereby rezoned to RIO -CD - Rural Industrial Overlay - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map is hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Commissioner McDowell made the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan. Commissioner Kidd seconded the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan. The Board voted 5-0 to approve the motion presented. Adjournment At 7:38 p.m., on motion ofAllen, seconded by Haywood, the Board voted 5-0 to adjourn. Darrell Frye, Chairman David Allen 2/20/23 Kenny Kidd Hope Haywood Maxton McDowell Dana Crisco, Clerk to the Board 2/20/23 Attachment A Picture : Adjacent property. Attachment B Attachment C