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092523 Zoning Appeal Special Meeting September 25, 2023 Zoning Appeals The Randolph County Board of Commissioners met in special session at 6:00 p.m. at Northgate Commons Election Meeting Room, 1457 N. Fayetteville Street, Asheboro. Vice-Chairman David Allen, Commissioner Hope Haywood, Commissioner Maxton McDowell, and Commissioner Kenny Kidd were present. Chairman Frye was absent. Also present were County Manager Hal Johnson, Assistant County Manager William Johnson, County Attorney Ben Morgan, Clerk to the Board Dana Crisco, and Deputy Clerk to the Board Jenny Parks Tonya Caddle, Planning and Zoning Director reviewed the following request: STUART SWAN, has requested an appeal for the decision made by the Randolph County Planning Board to approve a rezoning for 2.20 acres out of 9.52 acres on Caraway Mtn Rd beside 1293 Green Farm Rd, Back Creek Township, Tax ID #7732572024, Secondary Growth Area, from RA Residential Agricultural District to HC-CD Highway Commercial Conditional District. The proposed Conditional Zoning District would specifically allow a retail store as per the site plan. Public Hearing Vice-Chairman Allen opened the Public Hearing at 6:05 p.m. and closed it after anyone wanting to speak had done so. H. R. Gallimore, 231 South Fayetteville Street, Asheboro, said he was with Remax Central Realty and represents the applicant. He stated the applicant has completed their market forecast and sees a need in the area in question to build a commercial property. Mr. Gallimore said there were many community grocery stores that no longer exist in the county, however, there are two in proximity to the property. He said convenience and location are important to citizens and with having a store close by, citizens would not have to drive so far to purchase items such as a gallon of milk. The technical review committee looked at this property and it meets all the requirements of the Ordinance and the Plan; it is consistent, reasonable, and in the public interest; and was approved by the Randolph County Planning Board. Mr. Gallimore said that the lighting for the property will not travel outside of the property. He said that this particular entity has over 20,000 locations nationwide. Christian Vestal, 150 South Fayetteville Street, Asheboro, stated he represents the applicant as the Engineer for the civil site development. He said a soil survey has been studied and the commercial site has adequate soil. A level three buffer has been proposed and will be installed as part of the landscaping to meet the intent of the Ordinance. Mr. Vestal stated there were several concerns about the road, especially an increase in traffic, that have been sent to the DOT district office and will b The DOT findings showed there will not be any improvements required based on limited traffic at this location. He said the surrounding land is not land-locked and there are no wetlands on the 2.2 acres being proposed. George Venters, 3825 Barrett Drive, Suite 100, Raleigh, stated his company has been the preferred developer for the applicant for approximately fifteen years. He said the applicant has a 9/25/23 planning market division that spends 12-18 months researching sites. He said the area has been denoted as a trade area per their planning market division and he explained the process of convenience the applicant uses to determine where their commercial properties are located. He stated these properties do not draw from a large area, instead, they draw from small areas that will have a low traffic volume. He said one of the issues that came up during the Planning Board Meeting was these properties promoting crime. The proposed location, Sophia, has the lowest crime index on its market study scale. Ron Autry, 1510 Caraway Sumit Trail, Sophia, read a letter from Andrew Gregson, who could not be in attendance, opposed to the rezoning request due to the safety at the intersection of the property. Stuart Swan, 1304 Green Farm Road, Asheboro, said he lives across the street from the proposed property. He stated the commercial business being proposed would threaten local businesses. Mr. Swan said these businesses look for cheap space to locate and instead of having healthy food options, they create food desserts making it difficult for the community to support fresh food options. He stated that 92% of the employees of these businesses make less than $15 per hour and they create fewer jobs. His mother was a manager at one of these businesses and her salary was very low, along with her working long hours. He stated these properties drive down the tax values of surrounding properties which in turn causes the local government to suffer. Mr. Swan said that there are safety concerns with these businesses, especially with inadequate staffing and store security equipment and a high volume of cash transactions, these properties become targets. Understaffing and the piles of unplaced merchandise in these businesses make it easy for shoplifters to take advantage of situations. The danger these businesses impose on the neighbors in the community concerns him the most with crimes, such as vandalism and violent crimes. He is worried about those committing crimes seeking shelter on neighboring properties. He is concerned about the blind curve for drivers when exiting the property. Mr. Swan said he was also concerned about the two ponds that could be affected on adjoining properties and the effects on nature and wildlife if the property has poorly maintained stormwater management. He also has a personal concern with these businesses targeting the elderly, those on fixed incomes, and under- educated citizens. Mr. Swan asked the Board to consider the devastating effects this could have on his community and deny this request. Jacob Collins, 1445 Old Country Farm Road, Sophia, said he lives 400 yards from the site in question. He has several safety concerns, and there are millions of dollars in lawsuits that involve OSHA violations currently against the company in question. He said he was concerned with the low number of employees that would be staffed at this business, making their safety an issue, inside and outside of the business. He stated there is always trash outside these businesses. Overstocked items left outside create concerns for adjoining neighbors as well as wildlife. Mr. Collins said he has a friend who was a manager at one of these properties and was severely assaulted severely while closing his business. He has concerns about tax values decreasing as well. He said this area has been a safe community for a long time and he does not want to see that change. Jiten Oza, 3712 Caraway Mountain Road, Sophia, owns a gas station that is down the road from the proposed request. It is a small mom-and-pop store. It will be difficult to compete with 9/25/23 the proposed site if approved. He said he has owned several stores and closed them due to larger commercial stores being placed near his properties. He urged the Board to consider denying this zoning request. Don Murray, 1526 Old County Farm Road, Sophia, said he was in opposition to this zoning request. His family has been in this area for 30 years, he has lived in this area for 10 years, and this area has become a nice residential region. There are currently 61 driveways on the road this property is on and the increase in traffic would not help with the added residential properties and the safety of the community. Mr. Murray said his main concern was having a crime magnet in the area. He works for the Transportation Security Administration where he deals with threats and risks daily. He sees his home as a sanctuary and his neighborhood as safe. Mr. Murray would like to see the neighborhood stay safe with no change and he is opposed to this rezoning request. Barbara Murray, 1526 Old County Farm Road, Sophia, said she submitted a packet of information for the Board to review and asked if they received it. She said she felt this was an inappropriate zoning request. Most of these businesses she has seen are in fully developed areas like main streets and food plazas. She said there are crime issues with these businesses and there are many safety concerns such as insufficient lighting and inadequate surveillance cameras. She feels that the location in question is not good for this type of business. Ms. Murray said studies show an increase in crime, assaults, drugs, and larceny with this type of business. She stated during the Planning and Zoning Meeting she was disappointed the Board showed no familiarity with this area at all and half of them did not know the location of Caraway Mountain Road, showing they had not visited the site. She said there was zero intellectual curiosity from the Planning Board on what type of business could be placed on this property, which she said was fatal if you are a zoning board. Ms. Murray stated she sees no benefit to the local community for this type of business and if this request is approved it sets a precedence for other companies to come in. She said there will be property value loss if this is approved. She requested the Board deny this request. Bob Thomas, 3548 Caraway Mountain Road, Sophia, said he does not want this request to be approved. If it is approved the property values will decrease. He would like to see this business Tammy Voncannon, 3805 Caraway Mountain Road, Sophia, said she lives beside the property in question and had several questions about the property. She asked if the land was able to perk and where the driveway would be on the property. She asked if her property value would decrease if this were approved. Ms. Voncannon said she was a single mother with pets and chose the area to live in because it was rural. She would like to see the property stay as it is. She read statements ce Facebook page referring to crime at these types of businesses that have happened over the past few years. She is concerned about the traffic increase along with a blind curve on the road. She said that after several years of being in business, these properties begin to look trashy. Ms. Voncannon said the neighbors will not shop there. She stated she supports the local gas station that is already close to where she lives. She cannot afford to relocate. She does not think approving this request will service the community. She is opposed to this request. Stephanie Ward, 1532 Old County Farm Road, Sophia, said she supports the gas station that is currently on the road of the proposed rezoning. She and her family bought land in the country 9/25/23 where they have started farming. However, she and her family may have to relocate if this zoning request is approved. Ms. Ward does not want to see her property decrease in value. She is worried about trash, pollution, rodents, drugs, and crime. She is worried about the safety of her family. She is not in favor of the zoning request. Mr. Venters has the chance to respond to statements made in the Public Hearing. He said there is a push for this business to sell fresh foods throughout the chains. He said the area in question does not have a high crime rate and he does not believe these businesses bring crime to the areas they are placed in. Vice-Chairman Allen asked what the trips per day number count was. Mr. Venters said that the trips this business generates do not generate a traffic impact analysis, which usually means less than 200 trips per day. Ms. Caddle said that there were no road improvements required by the DOT. Ben Morgan asked if the existing buffer shown on the drawing presented was the driveway on the property. Mr. Vestal stated there was no driveway at that location. Hw said that the driveway is to the north and not shown on the map provided. Mr. Morgan asked if the land does not perk, what happens to the runoff. Mr. Vestal said that the 2.2 acres will perk and is suitable for septic. Mr. Vestal said as far as stormwater runoff, there are no issues with soils, and they will absorb well. Mr. Vestal stated this property is not in a watershed that is protected by Randolph County which means no stormwater measures are needed. Mr. Vestal stated permits are currently being obtained for this property. Commissioner Kidd asked if the land would perk. Mr. Vestal said it would. Commissioner McDowell said this request only affects 2.2 acres of a 9.25-acre tract. He asked what the plans were for the remaining acres that are not being requested to be rezoned. Mr. Venters said they are only requesting rezoning for 2.2 acres. Commissioner Haywood asked about the signage that would be displayed on this property if approved. She has noticed with some of these free-standing businesses the signage is not as high as others. Mr. Venters said the signage will depend on the municipality requirements these properties are located in. Discussion Vice-Chairman Allen said he visited the site and is familiar with the land. He empathizes with the community and their concerns as he has faced similar concerns where he lives. He believes the property owner has the right to do what they want with their own property in accordance with County Ordinances. Although the road has a slight curve in front of the proposed site, he said the driveway looks like it has good sight distance. on corporate policies, although it does impact public services in some instances. Vice-Chairman Allen stated he appreciated the packet that was given to the Board to review, there was a lot of detailed information included. The Board must abide by what the Planning and Zoning guidelines are for zoning and what the Growth Management Plan states. 9/25/23 Commissioner Haywood said she lives in the area proposed. She said that she is sorry someone feels that the Planning Board Members lack intellectual curiosity. The Planning Board spends a lot of time on these issues, and she has the utmost respect for them whether she agrees with them or not. Commissioner Haywood said her late husband, former County Commissioner Stan Haywood, did not like zoning issues. Every time there is a zoning issue, some people leave happy and some leave angry. Now she understands why he disliked them. She said she is an avid outdoorsman, and she wants the countryside to remain the same because she does not want it to change. Zoning has already changed in the area in question, as this is not the first commercial plan, there is already commercial property there. Citizens seem to think the Board can disallow it just because they do not like something proposed. She stated the Board cannot pick and choose what businesses come into Randolph County because that would be discriminating and would set the Board up for lawsuits. If a business meets the parameters that are in place, then equal consideration must be given. Commissioner Haywood said the proposed zoning request is consistent with the Growth Management Plan and is consistent with the guidelines in place. The two Planning Board Members who voted against this proposal based their vote on an inconsistent site plan. However, there is a solid site plan currently with a good buffer in place. Vice-Chairman Allen stated this is a conditional district and what has been presented will be what goes on the property. Commissioner Haywood said only the 2.2 acres is being asked to be rezoned. If the remainder of the acreage needs to be rezoned, then at that time it would come back to the Planning Board. Commissioner McDowell said he has sat on the Planning Board in the past and he empathizes with the citizens. He understands where the concerns are coming from because there were times when he did not get what he wanted either during rezoning issues. Planning Board. He stated that all five Board Members are familiar with the site, and they have all done their homework in reviewing this zoning request, along with the Planning Board. On motion of Haywood, seconded by McDowell, the Board voted 4-0 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 Grown Management Plan. Adjournment At 7:39 p.m., on motion of McDowell, seconded by Kidd, the Board voted 4-0 to adjourn. 9/25/23 ________________________________ ________________________________ David Allen, Vice-Chairman Maxton McDowell ________________________________ _________________________________ Kenny Kidd Hope Haywood ________________________________ Dana Crisco, Clerk to the Board 9/25/23