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02FebruaryCC - Brady Rezoning AppealStaff Report and Map Amendment Evaluation Page 1 of 6 RANDOLPH COUNTY PLANNING & ZONING STAFF REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2022-00002761 GENERAL INFORMATION Applicant: Russell Wyatt Brady Property Owner: Russell Wyatt Brady Hearing Type: Legislative Request: To rezone 4.30 acres out of 13.31 acres to allow a sawmill in a proposed 40 ft. by 80 ft. building as per the site plan. Current Zoning: RA – Residential Restricted and RR – Residential Restricted District Requested Zoning: RIO – CD – Rural Industrial Overlay – Conditional District Small Area Plan: None Growth Management: Secondary Growth Area Watershed Overlay: None Flood Plain Overlay: None Airport Overlay: None Location: 3360 NC Hwy 22 S Parcel Number: 8710601520 Parcel Size: 4.30 acres out of 13.31 acres Existing Use: Single-family residential Staff Report and Map Amendment Evaluation Page 2 of 6 SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Single-family residential South RA - Residential Agricultural 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 614 (ex. Fencing, buffers, etc.): A. RIO: RURAL INDUSTRIAL OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED This overlay district is designed for Rural Growth Areas and in rare instances Secondary Growth Areas as reflected on the Randolph County Growth Management Plan where such a district would provide for the location of sites that would increase economic activity, job creation, and the tax base of Randolph County. This specialized district is intended to accommodate industrial activities and uses requiring proximity to rural resources where the use of site-specific development plans, natural buffers, and landscaping, would lessen the adverse impact upon the general growth characteristics anticipated by the Randolph County Growth Management Plan. Examples of permitted uses in this district are the processing and manufacturing of forest-related products; agricultural goods; minerals and aggregates; special trade contractors; maintenance and repair of mechanical equipment; agri-business research and development; Staff Report and Map Amendment Evaluation Page 3 of 6 alternative energy facilities; and similar activities requiring proximity to rural resources. The Rural Industrial Overlay District shall be considered as an overlay district to the Residential Agricultural District. Uses permitted within the underlying district shall be permitted provided they meet the requirements within the overlay zone subject to the restrictions provided by this section. (2) PERMITTED USES The following uses, which require proximity to rural resources, shall be permitted in the Rural Industrial District: (a) Production, process, assembling, packaging, storage, treatment of farm or forest products; (b) Sawmills, lumber manufacturing, and processing of forest products; (c) Manufacturing of stone, clay, glass, and concrete products; (d) Mineral and aggregate materials manufacturing; (e) Asphalt and concrete plants; (f) Farm and forest-related machinery repair, truck and incidental automobile repair, welding, and service part facilities; (g) Special trade contractors include excavating, septic installers, construction, concrete, distribution, trucking, and electrical; (h) Recycling facilities; (i) Alternative energy facilities (e.g., wind, solar, biofuels, geothermal); and (j) Research and development facilities (new products and technologies for farm, forest, and renewable products). (3) CONDITIONS (a) The minimum lot size is three acres. (b) The minimum State road frontage is one hundred feet. (c) The front setback area shall only be used for driveways, landscaping, and screening. The side and rear setbacks shall only be used for landscaping and screening. Staff Report and Map Amendment Evaluation Page 4 of 6 (d) The site shall have a minimum open space requirement of thirty percent. (e) The use shall not exceed the capacity of the site to provide adequate water and wastewater absorption. (f) All areas shown on the site plan not devoted to development (e.g., building, storage, driveways, parking) shall include retention of Level III buffer. (g) New development shall be in areas of the site that would lessen noise and operational impact to adjoining residential and agricultural land uses. (h) Security lighting shall be directed and designed to reduce glare for adjoining residences. (i) No new development is allowed within Class A Flood Zone or fifty feet of a perennial stream. (j) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. (4) COMPLIANCE MONITORING The applicant shall agree to furnish Randolph County Planning and Zoning, on an annual basis, information showing that the use complies with the development approval and all State and federal guidelines on dust, noise, and related issues. (5) MINIMUM SITE PLAN REQUIREMENTS (a) Dimensions of the property and adjacent lots and streets. (b) Location, use, and ownership of all existing and proposed buildingS and dimensions. (c) Streets, traffic circulation, and parking areas with spaces marked. (d) Service areas, off-street loading facilities, service drive, and dimensions of all areas. Staff Report and Map Amendment Evaluation Page 5 of 6 (e) Location of all proposed landscaping with Level III buffer between other uses and open spaces. (f) Location of all flood zones and streams. (g) Stormwater drainage and sanitary sewer where applicable. (h) Size and location of signs. (i) Erosion and sedimentation control plan. (k) Location and type of security lighting. (k) Signage. 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 not consistent, not reasonable, and not in the public interest; and • Should be DENIED 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 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: The Technical Review Committee (TRC) spent a lot of time reviewing this request. The TRC noted that the applicant has clear cut the property of the existing vegetation that could have created a good buffer for the surround community. The site plan does show an area around the site that will be landscaped but there is no information on the type of landscaping that will be used. Other concerns raised by the TRC is the amount of school traffic, both busses and regular vehicles, that use these roads and there is concern for the safety of the traveling public when combined with potential logging trucks that would also be using these same roads. The TRC also noted Staff Report and Map Amendment Evaluation Page 6 of 6 that the rezoning could cause more potential hazards that would outweigh and potential economic development benefits. Policy 3.11 New rural industrial development shall be located in areas of the site that would lessen impacts to adjoining residential and agricultural lands. Consistency Analysis: The TRC feels that there have been no efforts made by the applicant to lessen the impacts to the adjoining residential land uses since the applicant has clear-cut the property before applying for this rezoning. By removing the existing vegetation, the applicant removed vegetation that could have been used as a buffer to “lessen the impacts to the adjoining residential and agricultural lands.” Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is not 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 could increase the tax base and increase economic activity within the County but at what cost to the surrounding community and potential travelers along the roads around this request location. 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 #: 3710871000J Growth Management Areas:SECONDARY GROWTH AREA 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: 4.3000 Lot Size Indicator: ACRE(S) Proposed Zoning District: RIO-CD-RURAL INDUSTRIAL OVERLAY CONDITIONAL DISTRICT Proposed Use(S): TO ALLOW A SAWMILL IN A PROPOSED 40 FT BY 80 FT BUILDING AS PER THE SITE PLAN Condition(S): Applicant: BRADY, RUSSELL WYATT City, St. Zip: RAMSEUR, NC 27316 Address: 6744 ROBY COE RD Owner: BRADY, RUSSELL WYATT Address: 3356 NC HWY 22 S City, St. Zip: RAMSEUR, NC 27316 Permit #: 2022-00002761 Parcel #: 8710601520 Date: 10/05/2022 Location Address: 3360 NC HWY 22 S RAMSEUR, NC 27316 Permit Type Code: PZ 2 CONTACT NAME:BRADY, WYATT Contact Phone:336 953-2509 R ODELL & CAROLYN A BRADY2 Acreage: Township:13.3100 05 - COLERIDGE 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 Brady Request Location Map HINSHAW TOWN RD PAR K S C R O S S R D S C H U R C H R D N C H W Y 2 2 S BUFF A L O T R L TROYCAVENESSRD 1 inch equals 400 feet ?ø ?ø Directions to site: NC Hwy 22 S - (R) Hinshaw Town Rd - Site on (L) approx. 600 ft. Brady Rezoning Request !( !( !( !( !( !( !( !( !( !( !(!( BroadMouthBranch N C H W Y 2 2 S BU F F A L O TRL TROYCAVENESSRD HINSHAW TOWN R D 1 inch equals 400 feet Buffalo Ford S/D Rezoned in 1996 Request location ?ø ?ø Legend Parcels Structures Type !(Permanent Structure !(Temporary Structure !(Duplex/Complex Roads Streams 50 ft. Stream buffer Flood plains County zoning Districts HC RA RR Brady Rezoning Request H I N S H A W T O W N R D N C H W Y 2 2 S 1 inch equals 200 feet ?ø ?ø Legend Parcels Roads 50 ft. Stream buffer Brady Rezoning Request Picture 1: Request location. Picture 2: Request location. Picture 3: Adjacent property. Picture 4: Adjacent property. Picture 5: Request location on right as seen looking toward NC Hwy 22 S. Picture 6: Request location on right as seen looking toward Craven Branch Rd. COUNTY OF RANDOLPH 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 NORTH CAROLINA RANDOLPH COUNTY BOARD OF COMMISSIONERS 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 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. Adopted on February 20, 2023. _____________________________________ Chair, Board of Commissioners ATTEST _______________________________ Clerk, Board of Commissioners 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; 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; 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. Adopted on March 20, 2023. _____________________________________ Chair, Board of Commissioners ATTEST _______________________________ Clerk to the Board of Commissioners MOTION TO APPROVE A CONDITIONAL DISTRICT 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, 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.” 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 CONDITIONAL DISTRICT 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, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion 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.