02FebruaryPBPage 1 of 17 2/6/2024
February 6, 2024
1. Call to Order of the Randolph County Planning Board. There was a meeting of the Randolph County Planning Board on February 6, 2024, at 6:00 pm in Meeting Room A, Randolph County Office Building, 725 McDowell Rd, Asheboro, NC. Chairman Pell called the meeting to order and welcomed those in attendance.
2. Roll call of the Board members. The County Planning staff completed the roll call of the members of the Board as they arrived to the meeting. Ken Austin, Reid Pell, Brandon Hedrick, John Cable, Reggie Beeson, Kemp Davis, Melinda Vaughan were present. County Planning Director Tonya Caddle and County Attorney Ben Morgan were also present, along with County
Planning staff members Kayla Brown, Melissa Burkhart, David Harris, Cory Hartsoe, Tim Mangum, and Eric Martin. 3. Consent Agenda:
● Approval of agenda for the February 6, 2024, Planning Board meeting.
● Approval of the minutes from the December 5, 2023, Planning Board meeting.
Pell called for a motion to approve the Consent Agenda as presented in the agenda packet.
On motion of Davis, seconded by Cable, the Board voted 7-0 to approve the Consent
Agenda as presented.
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.)
Pell asked if there were any Conflicts of Interest that needed to be disclosed. Hearing none, Pell called on Caddle to present the first agenda item of the night.
5. Old Business.
6. New Business.
SPECIAL USE PERMIT REQUEST #2023-00003220
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The Randolph County Planning Board will hold a duly published and notified
quasi-judicial hearing on the request by MATT D BERRY, Asheboro, NC,
and their request to obtain a Special Use Permit at 4534 Oak Grove Church Rd, Concord Township, Tax ID #7608609830, 10.28 acres, RA -
Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a machine shop in an existing 36 ft.
by 48 ft. building as per the site plan.
Before presenting the first case of the night, Caddle announced that the Nash
Duggins rezoning request had been postponed until the March 5, 2024, meeting at
the request of the applicant. Caddle presented the first case of the night to the Planning Board.
Pell opened the public hearing and called for anyone in favor of the request to address the Planning Board.
Pell administered the oath to Woody Younts, 4137 Oak Grove Church Rd, and he stated that he walks around two to three miles per day and often goes by the request
location, and never hears a sound from the building, and that he has toured the facility. Younts concluded his remarks by asking the Planning Board to approve the request as he has lived in the area for forty-seven years.
Pell asked if anyone else would like to speak in favor of the request.
Pell administered the oath to Matt Berry, the applicant, of 4534 Oak Grove Church Rd. Berry handed out copies of information that was also in the agenda packet. (See Exhibit #1.) Berry told the Planning Board that he has lived at this site for seven years, that he currently operates and is part owner of LB Metalworks and that the
business currently has three machines and three employees and that the business has been his full-time job since August, 2022. Berry told the Board that he is actively searching for a new site so they can expand operations as they are currently limited due to the size of the building and not being able to access three-phase power that is needed to run the machines.
Berry stated that he likes to keep the area clean and organized as he lives on the site and everything that has been done on the site has had engineered drawings and done to meet all code. Berry stated that there was little noise from the site and that
he had taken sound measurements at fifteen feet from the building. Berry stated that
before the machinery is turned on, the site produces 56.8 decibels, and 64 decibels after the machines are turned on and in operation. Berry also told the Board that he does not keep hazardous chemicals on the site other than those chemicals that can be purchased at places like Lowe's and Walmart. Berry concluded his remarks by
telling the Board members about the letter in the packet from a neighbor who could
not attend the meeting along with a petition signed by the neighbors. Berry stated
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that the only negative comment he has received is about the trucks driving too fast in the area and Berry had contacted the company and the trucks have slowed down their speed.
Pell asked if there were any questions from the Board Members.
Austin gave Berry compliments on the amount of information that he presented to the Planning Board.
Cable asked about the hours of the deliveries to the site and Berry stated that most
days the delivers are between 7:00 am and 12:00 pm but the deliveries were usually completed by 8:00 am. Cable asked about trucks lined up and sitting at the site and Berry stated that this situation does not happen.
Kemp asked if the building was as big as Berry could get and he answered that the
power supply was the problem. Berry stated that he has a 200 amp service at his house and 400 amp service at the building for the business and since there is no three-phase power in the area, he has to use phase converters to power the machines and that he is pushing the limits of the convertors.
Cable asked Berry about the products that they make on the site and Berry stated that they make whatever the customer wants. Cable asked if they wanted to keep the business in Randolph County and Berry stated that he wanted to stay in Randolph County and that he and his partner were looking for a location that would
be in the middle of the current location and the Greensboro - Randolph County Megasite. Beeson asked Berry about the types of machines on the site and Berry stated that they have one lathe, two computer numerical control (CNC) machines, and a
coordinate measuring machine (CMM) currently on site. B. Hedrick asked Berry about their shipping process and Berry stated that UPS comes to the site as necessary and sometimes they will meet the driver at another location to drop off parts, etc., so the UPS truck does not have to come to the site.
Pell asked if there were any further questions from the Board members. Hearing none, Pell asked if there was anyone else in favor of this request. Morgan swore in Josh Langley, business partner of Berry, 7045 Brooksdale Rd.
Langley said that he wanted to follow up on what Berry said earlier. Langley stated that the tooling comes in from UPS and that it might be one box but that they do order a lot from Amazon and many of the boxes arriving at the site are for personal use. Langley stated that he had also talked with several neighbors about the request.
Pell asked if there were any questions from the Planning Board members. Hearing
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none, Pell asked if there was anyone else in favor of this request. Hearing none, Pell asked if there was anyone in opposition to the request.
Morgan administered the oath to Cassidy Hammonds, 4542 Oak Grove Church Rd,
who also distributed a packet to the Planning Board. (See Exhibit #2.) Hammonds stated that she lived to the left of the site and that she saw a lot of things wrong in the site plan and the summary statement and asked that the request be denied.
Hammonds stated that Berry misspoke about the business and that she did not want
this business in her backyard due to noise and the increase in traffic. She went on to say that there are fourteen machine shops in Asheboro and that this machine shop is not a public necessity as is required by the Randolph County Unified Development Ordinance (UDO). Hammonds continued by saying that a machine shop is not
allowed in RA zoning by the UDO and that the permit must be denied as the shop
was opened unlawfully. Hammonds talked about the notice on the site plan and how Berry was "deceitful" on the site plan and that Berry has a history of a lawsuit between himself and his former employer, Autocraft. Hammonds stated that Berry started taking orders for his business in 2022 while he was employed at Autocraft
and that the company found out and terminated his employment.
Morgan interjected at this point saying that the information the Hammonds was relaying to the Planning Board about the civil suit was not relevant to this request and could not be entered into the record.
Hammonds stated that Berry made it seem like the shop is more of a hobby and that it is not right and he is being deceitful to the Board and the community members. Hammonds went on to tell how LB Metalworks filed their paperwork with the North Carolina Secretary of State's Office in May 2020, and that there are more employees
than three as was stated by Berry as she has seen job listings posted on Indeed and Glass Door. Hammonds also stated that Berry is not complying with his site plan and that the business hours are from 7:00 am to 4:00 pm and that there are people at the site all of the time and that based on photographs from Facebook, there are more than three machines at the site.
Hammonds continued by stating that she did not know how much the machines cost but that in 2023 a new machine came to the site on the back of two trucks that blocked the road and that the road has a blind curve. She continued by stating that the owners of the business do not live on the site, and that the entire property is now
a gravel lot and that there is no longer any silence since Berry has cut trees, is running a skid steer, has a forklift and dogs barking on the property.
Hammonds stated that the site plan shows tanks but that Berry has not provided a list of chemicals that are stored on the site and it appears that Berry is starting to
plan for another building on the site. Hammonds talked about the chemicals being certified by the California Safe Drinking Water and Toxic Enforcement Act of 1986,
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also known as Proposition 65, and the possibility of contaminating the well water of the adjacent property owners. Hammonds said that she did not want to live beside this site as the road has a fifty-
five miles per hour speed limit and that there are bus stops all along the road and
that the road is not designed for the large trucks that drive the roads. Hammonds questioned the Board about the byproducts and wastes from the operation and how it was going to be handled. She also stated that she thought that the business would have negative impacts on property values but that she did not get an expert to
provide that information but it was her opinion that tax values would not go up and
that her property value could suffer due to the nuisance. Pell asked if there were any questions from the Planning Board.
Davis asked Hammonds how long she had lived at the site and she said eight years.
Davis asked if Hammonds had livestock on the site and she replied not at this moment. Davis then asked if Hammonds understood that a Special Use Permit can allow operations beyond what is normally allowed and Hammonds answered that she did know that but that the problem is that Berry has not stayed with the site plan.
Austin asked Hammonds to describe the lay of the land between her house and the business. Hammonds said that most of the trees in the orthophoto have been removed and she pointed to the area on the plan that has been cleared and mulched. Hammonds said that there is nothing that is blocking her house from
seeing the business. B. Hedrick asked Hammonds to point to her house on the site plans and she pointed to her house.
Austin stated that he did not think that the gravel area around the shop was excessive and Hammonds stated that the area is bigger now. Austin asked if Hammonds had any conversations with Berry about her concerns and she replied that she had talked with Berry on the phone but did not want to bring up her concerns to him and that she did not want to give him the information that she was
gathering about the request. Cable asked Hammonds if she had called the Planning Department to file a complaint and Hammonds said that her only phone call was to find out about the public hearing. Cable asked Hammonds if she had called the Randolph County
Sheriff's Department on the North Carolina Highway Patrol to report traffic concerns and Hammonds stated that she had not contacted either agency. Pell asked if there were any other questions from the Planning Board. Hearing none, Pell asked if there was anyone else in opposition to the request.
Pell asked Berry how old his pictures were in his packet and he said that the pictures
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were made on November 28, 2023, from 10:12 am to 10:21 am. Morgan administered the oath to Jeffrey Todd Hedric, 4502 Oak Grove Church Rd. J. Hedrick stated that the building appeared to be close to his property line and that
he bought his property to enjoy and be able to hunt deer but that he has not seen a
deer on the site in over two years and how he is always hearing people dragging metal, the forklift running and metal being thrown around the site. J. Hedrick stated that the air compressor at the site goes off every thirty to forty-five minutes, twenty- four hours a day, seven days a week. J. Hedrick concluded by stating that he can
see and hear everything that goes on at the site and that he does not get to enjoy his
property. Pell asked if the Planning Board had any questions for J. Hedrick.
Cable asked if J. Hedrick lived in the house with the green roof and J. Hedrick
pointed to his house. Kemp asked if part of the driveway to Berry's building is on his property and J. Hedrick stated that it is an old loging road and that the road is on the edge of the
property.
Austin asked about the trees on the property and if it would be possible for the driveway to be widened. Cable asked about the possibility of a fence at the site.
Pell asked Berry if he wanted to address any of the comments from the opposition. Berry stated that he leaves his property around 5:50 am to take his sons to daycare. Berry stated that he does have a skid steer at the site and that he likes to have a nice, clear property and he wants it to look good. Berry stated that he did have a pile
of gravel brought to the site - eight tons - as he wants to build a pole barn for his boat and maybe a camper. Berry stated that the air compressor does run and it releases air every forty-five minutes for about two seconds.
Davis asked if the air compressor was enclosed and Berry said it was enclosed on three sides as shown in the pictures in his exhibit. Beeson said that in the past, furniture businesses agreed to enclose their air
compressor in a soundproof building and Berry stated that he wanted to be able to use the shop for his personal use if the business does move to a different location. Beeson then asked if the business operates on a twenty-four hour basis and Berry said that it is only open the hours previously stated and that there are only three employees. Berry reminded the Board that since he lives at the site, he is always at
the site and he might be in the shop in the evening programming the cutters for the next day and that sometimes he does have to work late due to customer demand.
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Berry stated that the skid steer would stay at the site if the business did move and that he purchased it before he purchased the property. Davis asked about the hours of operation and Berry stated the hours of operation are
Monday through Thursday, 7:00 am to 4:30 pm, and Friday, 7:00 am to 12:00 pm
with no Saturday or Sunday hours. Davis asked if Berry understood that the Special Use Permit could contain a condition to limit the business to these hours only and Berry stated that he understood.
Austin asked if Berry had ever had any chemicals that impact open soil and Berry
replied that it had never happened on the site. Berry directed the Board members to the picture of the 275-gallon tank that is used in case of spills. Berry stated that any spills are contained in the building on the concrete slab and are immediately cleaned, and the spill is placed in the tank for Environmental Solution or a different
company to pick up the chemicals and dispose of them properly.
A question was asked about why the large trucks do not come on Berry's property and Berry stated that you cannot get large trucks up his driveway. Berry stated that his last machine weighed between 20,000 to 40,000 pounds and they can not be
delivered by box trucks--only large trucks and this only happens when they get new
equipment or when they move to a new site. Vaughan asked Berry if he felt comfortable having his two sons around the site and if he was worried about possible well contamination. Berry said that he is comfortable
living there because if anything gets contaminated, his well will be the first one impacted, and everything that happens on the site impacts him and his family. Cable asked Berry how he gets his raw materials and Berry answered that they come in on flatbed trucks and those trucks can easily travel his drive, turn around,
and leave the site. Berry stated that he wants to move the business and grow it but he is having problems finding a place. Cable then asked Berry about his vision and goals for another location. Berry said he would like to find a place by the end of 2024 but he does not know if they will be able to find a site and that he hopes to move the business within five years.
Berry mentioned to the Board members about a letter that was sent to property owners that was not correct and that he did not get a copy of the letter other than through his neighbors. Austin asked when the letter was sent and Berry said he did not know the answer but that another letter was sent out just before the January
meeting. Berry stated that most of the neighbors did not know the business was at the site. Austin asked if the tree clearing and mulching had anything to do with the business and Berry stated that he was just trying to make the site look better and that we
would take out more trees in the future.
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Davis asked if Berry would be willing to enclose the air compressor to cut down on noise and Berry said that he would be willing to enclose the air compressor and he did not know if anything else could be done to quieten the air compressor. Berry did state that some machines will leak a little bit of air due to the fittings.
Austin asked if the air compressor could be cut off after business hours and Berry said it could be done but that he would still like to be able to use the compress for personal use if the need arises.
Cable asked how long it would take for the air compressor to recharge and Berry
said he guessed that it would take five minutes. Pell stated that it seemed to be a simple solution of Berry turning off the compressor at the end of the business day.
Beeson asked Berry a question about the photo of the existing building and if the photo was up-to-date and Berry replied yes. Beeson asked about the gap between the main building and the air compressor and Berry stated that the gap was to keep the scrap metal dry.
Austin asked if the air compressor could be cut off after business hours and Berry said it could be done but that he would still like to be able to use the compressor for personal use if the need arises.
Davis said that he felt that the case boils down to being good neighbors. Pell asked if there were any other questions from the Planning Board. Hearing none, Pell closed the public hearing.
B. Hedrick reminded the Board members that since the request was for a Special Use Permit, the Board must find the Findings of Facts either in support of or in opposition to the request. Cable stated that he thought both sides of the request had made good points and it
does take time to get all of the information out into the open. Cable stated that over the years the Board has approved these types of business and they grow and have to move which is good for Randolph County. Cable said that he agreed with Davis that this does boil down to being good neighbors. Cable stated that if Berry turned off the air compressor, deer might come back to the area for J. Hedrick to be able to
hunt and he can see how the large trucks cannot get to the site. Cable said that he felt that Berry had everything in order as far as the site plans and certifications and that his questions had all been answered. Cable concluded by saying that with the right conditions, the request could work at this location.
Davis asked if Cable was offering conditions and Cable replied that he was offering conditions that the air compressor go off at the end of the business day and be
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turned back on at the beginning of the business day. Davis stated that he hated tying Berry to specific conditions for his personal use of the building or air compressors. Austin asked Berry if he understood what Davis was saying about the conditions that
could stop him from using the building and air compressor for his personal use.
Austin said the soundproofing must be the best option and Berry indicated that he understood what was being said. Beeson said he felt if Berry wanted to use the building or compressor occasionally it
might be okay but not all of the time.
Davis asked about the time to shut off the air compressor. Davis stated that Berry has already stated that he will enclose the air compressor and cut it off after business hours but he did not feel that the Board could limit his personal use of the
building or air compressor.
Austin asked Berry if he would accept the condition to turn off the air compressor at the end of the business day and turn it back on at the beginning of the business day and to enclose the air compressor. Berry said that he would accept the conditions.
The application was updated with the new conditions and was signed by Berry.
On the motion of Davis, seconded by Austin, with a vote of 6-1, Hedrick voting no,
the Board voted to approve the request with the motions contained in the Planning Board packet.
SPECIAL USE PERMIT REQUEST #2024-00000027
The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by BRAD and JENNIFER ELLIS, Franklinville, NC, and their request to obtain a Special Use Permit at 2785 Mack Lineberry Rd, Franklinville Township, Tax ID #7774655712,
7.34 acres, RLOE-CD - Rural Lot Subdivision Overlay Exclusive -
Conditional District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a one-bedroom apartment to be built in an existing building as per the site plan. Caddle presented the next case on the Planning Board agenda.
Pell opened the public hearing.
Morgan administered the oath to Brad Ellis, 2785 Mack Lineberry Rd. Ellis told the
Planning Board that he wanted to put a place on his property for their son to live. Ellis stated that they were going to originally put a mobile home on the property but found out that the zoning district only allows site-built or modular homes. Ellis stated that he already had a thirty-eight-foot by forty-foot metal building under construction
at the site, and they decided to adjust the floor plan to allow a seventeen-foot by
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thirty-foot bedroom in the building for their son. Ellis explained that they have already had the site approved for a septic system and the dwelling will be using the existing well. Ellis said that his son will use the building to work on his cars and it will allow him to have a shop space and a living space.
Pell asked if there were any questions from the Board. Austin asked if the new structure needed a new well and Ellis said they would use the existing well. Ellis explained to the Board that his mother lives in the house to the
right and his sister and brother own the other surrounding properties.
Pell asked if there was anyone else in favor of the request. Hearing none, Pell asked if there was anyone In opposition to the request.
Hearing none, Pell closed the public hearing.
Davis said this is a case of family taking care of family and he did not see a problem.
Cable stated that there was no opposition to the request.
B. Hedrick related how affordable housing has been an important topic and this is
one way to address the housing pressures being experienced by everyone.
On the motion of Cable, seconded by Beeson, with a vote of 7-0, the Board voted to
approve the request with the motions contained in the Planning Board packet.
REZONING REQUEST #2023-00002663
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by AUTUMN HOPE EARNHARDT, Randleman, NC, and their request to rezone 8.81-acres out of 57.76 acres on Tabernacle School Rd, Tabernacle Township, Lake Reese Critical Area Watershed, Tax ID #7712131261, Rural Growth Area, from RA - Residential Agricultural District to RLOE-CD - Rural Lot Overlay
Subdivision Overlay Exclusive - Conditional District. The proposed Conditional Zoning District would specifically allow a three-lot subdivision for site-built homes as per the site plan. Caddle presented the third case of the night.
Pell opened the public hearing and called for anyone in support of this request to
address the Planning Board.
H R Gallimore, 231 S Fayetteville St, representative for the applicant, rose to address the Planning Board. Gallimore stated that the request is for a three-lot subdivision and that Tabernacle Elementary School is across the road from the
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request location. Gallimore noted that no one came to the Neighborhood Information Meeting. Davis asked about the new houses along the road and Gallimore stated that Bobby
Earnhardt, the father of the applicant, had built several of the houses and that the
Boy Scout Camp had recently been sold to a group of private investors. Davis asked if the old camp would be developed and Gallimore said that it was his understanding that the camp would not be developed at this time.
Gallimore stated that the builder would follow all of the rules from the County.
Davis stated that he had visited the site earlier and he had concerns about safety on the lots in the curve. Gallimore stated that they have worked with the North Carolina Department of Transportation, NCDOT, about this issue and they will do their best to
make the site as safe as possible.
Beeson asked if the homeowners would be able to turn around in their drives and not in Tabernacle School Rd and Gallimore responded yes after conferring with B. Earnhardt.
Davis asked about any comments or concerns from NCDOT and Caddle read the information from NCDOT that was contained in the Randolph County Technical
Review Committee Report and Map Amendment Evaluation that was in the agenda packet. Davis stated that the Board has to look at the safety issues.
Pell asked if there were any questions from the Board for Gallimore. Hearing none, Pell asked if there was anyone else in favor of the rezoning request who wanted to speak. Hearing none, Pell asked if there was anyone in opposition to the rezoning request who wanted to speak. Hearing none, Pell closed the public hearing.
Davis stated that he has concerns about safety in the curve but that it falls under NCDOT and the developer will need to work with NCDOT to resolve any issues. Austin said that he has the same concerns about the curve on lot number one.
Cable stated that he did not want to do anything along US Hwy 64 West as that is all up to NCDOT. Austin asked if the developer had contacted NCDOT to see about reducing the
speed limit as there is nothing the Planning Board can do about the speed limit. B. Hedrick said that this is a high-density area and with the local school the speed limit should be examined but that is up to NCDOT. B. Hedrick mentioned that the UDO has specific guidelines for overlay subdivisions
such as buffers and that he has concerns that the parcels have clear cut and that there is no buffer along US Hwy 64 W shown on the site plan.
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Davis asked where the buffers were shown on the site plan. B. Hedrick said the UDO requires a thirty-five-foot no-cut buffer on clear-cut properties and there are no buffers on the site plan.
Austin said that he would like to see a buffer on lot number three.
Gallimore stated that the previous owner had cleared the property and that when building on the lots, B. Earnhardt, tries to leave as many trees on the property as
possible and sometimes the yards are very small. Gallimore also stated that sometimes the no-cut buffers can be a bad thing from a development perspective.
Cable stated that the buffer could benefit the homeowner.
Gallimore started to speak again but Pell interrupted him and told him that the public hearing was closed.
Beeson asked if the Board could add a condition for a buffer. Davis stated that the Board would have to ask the applicant.
Cable asked if the property has room for a buffer. B. Hedrick stated that he would be fine with another type of buffer.
Austin stated that the drive could not be in the buffer.
The Planning Board asked Gallimore if B. Earnhardt would agree with the condition of a thirty-five-foot buffer along US Hwy 64 W on lot number three. Gallimore conferred with B. Earnhardt and B. Earnhardt agreed to the new condition. The
application was updated and signed to show agreement to the new condition.
On the motion of Davis, seconded by Cable, with a vote of 7-0, the Board voted to
approve the request with the motions contained in the Planning Board packet.
REZONING REQUEST #2023-00002455
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by TRACI DIANNE NIXON, Colfax, NC, and their request to rezone 9.63-acres out of 42.57 acres on Pleasant Union Rd, Tabernacle Township, Lake Reese Balance Watershed, Tax ID #7701554468, Secondary Growth Area, from RA - Residential Agricultural District to CVOE-CD - Conventional Subdivision Overlay Exclusive -
Conditional District. The proposed Conditional Zoning District would specifically allow a five-lot subdivision for site-built homes as per the site plan. Caddle presented the next case of the night to the Planning Board.
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Pell opened the public hearing and asked for the applicant to come forward and address the Planning Board.
Tonya Farlow Bennett, 118 Trindale Rd, relator for the applicant addressed the
Board and stated that the parcel started as a 95-acre parcel and that Nixon sold part of the property and the remainder had been on the market for nine months. They started working with Survey Carolina to develop a plan to develop the road frontage of the property. Bennett said that the lots all average two acres in size and that
restrictive covenants would be placed on the property but that they did not want to go
to the expense of having these done until they knew if the rezoning would be approved. Bennett stated that the remaining thirty-four acres have been given access on the preliminary plat and it will be sold as a large parcel.
Pell asked if there were any questions from the Planning Board.
Caddle read the information from NCDOT that was contained in the Randolph
County Technical Review Committee Report and Map Amendment Evaluation that was in the agenda packet.
Beeson asked if the NCDOT comments were requirements or recommendations and Caddle said they are recommendations.
Austin asked about the speed limit on the road and it was determined that the speed
limit was fifty-five miles per hour as shown in the Development Impact Analysis in the agenda packet. Austin asked if public water was available and Bennett said that it was available but it is optional and that the property has already been evaluated for septic systems and everything will be completed before the final plat is prepared.
Beeson stated that he liked the fact that the narrowest lot is 170 ft. and that he is not a fan of shared drives.
Davis stated that it looked like the lots would be nice. Vaughan asked if the existing
trees would remain to allow a buffer and Bennett said that they want to leave as
many trees as possible.
Pell asked if there were any more questions from the Planning Board. Hearing none, Pell asked if there was anyone else who would like to speak in favor of the request.
Hearing none, Pell asked if there was anyone present who would like to speak in
opposition to the request. Hearing none, Pell closed the public hearing.
Davis said that he thought it was a good plan.
On the motion of Beeson, seconded by Austin, with a vote of 7-0, the Board voted to
approve the request with the motions contained in the Planning Board packet.
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REZONING REQUEST #2023-00003141
The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by TURNER BLISS LLC, Sophia, NC, and their request to rezone 1.86-acres at 2735 Banner Whitehead Rd, New
Market Township, Randleman Lake Protected Area Watershed, Tax ID
#7736779292, Secondary Growth Area, from RBO-CD - Rural Business
Overlay - Conditional District to HI - Heavy Industrial District. It is the desire of the applicant to rezone the property to allow any uses allowed by right in the HI - Heavy Industrial District.
Caddle presented the last case of the night to the Planning Board.
Pell opened the public hearing and asked if anyone would like to speak in favor of the request. Greg Burkhart, 5855 Suits Rd, owner of the business, rose to address the Planning
Board. Burkhart told the Board that he started the business in 2004 and this is the
fourth time he has appeared before the Board about this specific location and his business. Burkhart stated that his customer base has changed, and he has secured contracts with Ford Motor Company and the United States Department of Defense just to name a few of his customers. Burkhart stated that the business is very quiet
and that the air compressor is enclosed.
Burkhart told the Board that the business runs three shifts but that the third shift is unattended, and it is an automated process. He talked about the buffer that was shown on the orthophoto site plan and how the business is located between a
Primary Growth Area and a Rural Growth Area and his business is located in
a Secondary Growth Area. Burkhart also noted that the Braxton Culler furniture plant is approximately 250 feet away from his location and he does not understand why the Technical Review Committee recommended that his request be denied. He stated that this is a safer location for his business and that he did not want the
business in a municipality where equipment can be easily stolen.
Burkhart addressed the concern of rezoning the property without a Conditional District Permit and stated that the property is small but he would be fine with conditions as long as they would allow him to continue doing CNC work, aerospace
work, and work for military purposes. He told the Board that many of his customers
require him to sign non-disclosure agreements so he is not allowed to give the Board more specifics other than he needs to increase the building size and that he wants to do it in Randolph County so he can meet the obligations of his customers.
Pell stated that if Burkhart wanted to add conditions to his request the current
application would have to be withdrawn and a new application submitted. Caddle stated that Pell was correct in his statement and that only what is presented on the
Page 15 of 17 2/6/2024
current application is what can be considered and any changes would delay his request. Austin stated that the Heavy Industrial District is a very broad category and asked if
Burkhart would be willing to add conditions to try to be a good neighbor.
Cable asked what Burkhart wanted to do and he said he needed to expand the building.
Caddle reminded the Board that this request is for a straight rezoning and the Board
cannot ask specific questions about the use and that the submitted site plan is not to be considered and was not included in the agenda packet as it was for impervious surface calculations only.
Davis asked if Burkhart was to withdraw his application and apply for a Conditional
District Permit how long it would take for the request to get to the Planning Board. Caddle stated that the March 2024 agenda is already full and if Burkhart submitted a completed application before the first Friday of March, the April Planning Board meeting would be the earliest the Conditional District Permit request would be
considered.
Cable asked what Burkhart thought would happen after this request. Burkhart stated that he has tried to purchase adjoining property but the owner wants to put stipulations on it that Burkhart could not agree to fulfill. Burkhart stated that he has
been contacted by Davidson County and offered incentives to move his business to Thomasville where he could move into a new 50,000 sq. ft. building. Kemp asked if the two-month wait would be too long and Burkhart said it would be too long and it would slow down his business and that his customers "drive" his
business and they make the orders and pay the bills. Austin said that Burkhart is to be congratulated for his success. Davis said that he was by the site constantly and that there was no noise, dust, or
any complaints that he was aware of at this time. B. Hedrick stated that the rules in place in the UDO were in place when Burkhart made the application and the current Rural Business Overlay - Conditional District zoning allows site plans, etc., but the straight rezoning request does not allow
specific site plans. Cable said that he agreed with B. Hedrick but that this area is a "hodge podge" of uses and Burkhart had told the Board what he was going to do with the property. Austin stated that that is what the County allows for Conditional District Permits.
Burkhart said that his current permits allow him to make engine parts but with the
Page 16 of 17 2/6/2024
changes in technology and demand, he needs to be able to adapt to those changes and that he is trying to do what is right for his business and the County and he is proud of what the business does in Randolph County.
Cable asked Burkhart where we could see his business in ten years and Burkhart
stated he would like to be in a bigger building on the adjoining property in this same area. Beeson asked about the possibility for Burkhart to come back to the Board with
additional conditions for what he wanted to do but he knew that would slow
Burkhart's request and plans. Burkhart stated that he has everything that he needs at the site at no cost to the County.
Cable asked Burkhart about his total investment at this site to date and Burkhart stated it was over $6,000,000 in the building and equipment. Pell asked if there were any further questions from the Board. Hearing none, Pell
asked if there was anyone else in favor of the request who wanted to speak. Hearing
none, Pell asked if there was anyone present in opposition to the request who wanted to speak. Hearing none, Pell closed the public hearing. Davis said that he did not know how to make this request work.
Beeson stated that he did not like straight rezoning requests.
B. Hedrick asked Caddle about the minimum lot size and Caddle said that the minimum lot size is 80,000 sq. ft. since the property is in the Deep River (Randleman Lake) Critical Area and the impervious surface will be applied to the watershed.
Cable stated that the Board looks at these requests every month and tries to make
things work but sometimes their decisions are overturned by the Board of County Commissioners and that the "heart" of the Planning Board was always in the right place. Cable stated that many times the applicant and the Board agree on conditions to make the requests better.
B. Hedrick advised Burkhart to contact Randolph County Economic Development Corporation as they may know of programs and incentives to help the business grow even more.
On the motion of Cable, seconded by Austin, with a vote of 6-1, Hedrick voting no,
the Board voted to approve the request with the motions contained in the Planning
Board packet.
7. Legislative Updates to the Randolph County Unified Development Ordinance
Page 17 of 17 2/6/2024
The Randolph County Planning Board will hold a duly published legislative hearing on required updates to the Randolph County Unified Development
Ordinance as required by changes made by the North Carolina General Assembly. These changes are necessary to remain compliant with
applicable general statutes.
Caddle went over the Summary of Legislative Changes in the Randolph County
Unified Development Ordinance as included in the agenda packet. (See Exhibit #4.)
Caddle stated that it was the responsibility of the Planning Board to review these changes and make a recommendation to the Board of County Commissioners for the
adoption of the legislative changes. The Board discussed whether to continue to
review the changes during the meeting or allow the members time to review the changes further and come back to this discussion in March.
On the motion of Cable, seconded by Hedrick, with a vote of 7-0, the Board voted to
delay action on the Legislative Change in the Randolph County Unified Development
Ordinance until the March 5, 2024, Planning Board meeting.
8. Update from the Planning Director.
Caddle had no updates for the Planning Board.
9. Adjournment.
At 9:12 p.m. on motion of Cable, seconded by Davis, the Board voted 7-0 to adjourn
with thirty-six citizens present for the meeting.
Chairman
Deputy Clerk to the Planning Board Approved by Randolph County Planning Board March 5, 2023
EXHIBIT
,
LB Metalworx LLC request for
special use permit to be heard
by Randolph County Planning
and Zoning Board.
HETALI{/ORS
I.IETALWOR*
LB METALWORX, LLC.
Est.2022
SHIPPING/BILl,lNG: 4534 OAK GROVE CHURCH RD. ASHEEORO, NC 27205
CONTACTS: Josh Langley, Co-Owner
335-736-1110
Matt Berry Co-Owner
336-302-s703
TvDe of Business: LLC - S Corporation - Manufaduring Job Shop
E!! f 88-22s3308
Tax Exempt S 601468440
To the Randolph Countv Planninl and Zoninq Department: My name is Matt Berry. I am seeking a
special use permit to operate a small machine shop business on my property, behind my house, at 4534
Oak Grove Church Road Asheboro, NC 27205.
. The name ofthe business is LB Metalworx l-LC.
r Normal business hours are Monday-Thursday 7:00am-4:00pm and Fridays 7:00am-12:0Opm.
. There is very little traffic within our business as most of our work is over email and phone calls. There is very little noise that is audible from outside the building.
. There are no fumes of smells associated with my shop.
. Outside storage is neat and maintained to match the remainder of property.
4534 Ook Grcve Chutch Rd. . Asheborc, NC 27205 . lel 336-736-1170/336-302-5703
Looking from Waynick Meadow road direction.
Looking from High Pine Church Road direction.
This is coming up the driveway to the house and shop,
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336-303-s703
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This is the gate looking at the shop. The gate is closed at all times.
Standing directly in front of the shop.
Standing in front of the shop, this is the left side where we park our
vehicles.
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This is looking at the front left corner of the shop.
This is from the left side looking at the back left corner of the shop.
Standing at the back looking at the rear of the shop. This is a standalone
carport to house incoming raw material and scrap material.
.
This is from the right side looking at the back right corner of the shop.
MeesuE dislanoa
Clrct oo the map to add lo }!sr path
Total distancq 668.78 n (203.84 m)
Distance to house from shop is G68ft. Address to this residence is 4542
Oak Grove Church Rd. Asheboro, NC 27205
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Distance to house from shop is 846ft. Address to this residence is 4502
Oak Grove Church Rd. Asheboro, NC 27205
Measurc distance
Click on lhe map to add to ]our path
Total di(anc.: 8{6.78 tt (258.10 m)
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Tolal dislance: 689.46 n (210.'1 5 m)
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Distance to house from shop is 689ft. Address to this residence is 4470
Oak Grove Church Rd. Asheboro, NC 27205
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These are the emails that I received when passing inspections on the building and electrical.
Historv of LB Metalworx: We are an eager and young group of individuals trying to
expand our knowledge and worth throughout Randolph County and surrounding areas
We started this adventure as nothing more than a hobby and a way to expand our
knowledge in the manufacturing industry. Around August 2022 we (Josh, Matt and
Bobby) were let go from our current job and had to rush to find a way to support our
families quickly. With that being said we fell back on what we knew how to do as a
career and started machining parts for ourselves and was lucky enough to find some
dedicated customers that would allow us to start this venture.
Closinq Statement: We would like to thank you for your time in reviewing our new
business venture for the request of a special use permit. We are greatly appreciative of
any guidance you can provide to make this a smooth transition into making this problem
become resolved within the community. We are more than happy to answer any
questions and/or concerns that you may have.
Sincerely,
Josh La ngley Matt Berry
..-1'
Dear Neighbor;
I am Mtingthis ten6r in rcsponso to th€ lgtter w€ alL receivod som€ weeks ggo.
1) Thig iSSUO about LB Metalworx was so importam to the witsr that ho or she didnt check
anything written in it.
2) LB Metatworks ISA SMALL FAMILY-OR|ENTED BUOTNESS
3) Josh Landry and Man B€rry are cosins . The onty amptoyee ls Bobbi6 8erry f4att Berry,s
,ather Can't get much more FAMILY ORIENTED THEN THAI
4) Th€ar shop is big enough ror thtee CNC machines (three machines three u/orkers no more.
5) A truck comes once a week to bring suppties. Th6 truck is no bigger than othsr trucks that
travetthls road daity,
6) The noise trom the truck asnt hatl as toud ss someofthe cani that travet down this road.
7) Large 18 wh6ettrucks cannot make it up thewinding driveway so theydon't deliver to the
site.
8) The machineryis lnside a smau buitding and cannot be he6rd byth6 tocatwitdtife.
9) Degreasers used in the shop sre bought at Wbtmart things that we use every day.
10) me tubracents used are deemed harmtess by the state orCatifomia.
11) Thg shop csnnot expend by Randotph County order
12) me shop cannot oxpande b€cause it is at itb etectricat timits.
I went to this shop to find something wrong but cou td not. .losh and Matt hsve ptians to
expsnd th€ business inthe n6arrutu,e butnothere. tfthe pe,son wt|o wrote the tetterhad
onty taken the time to tatk to./osh and Matt we might not be here tonight
one tast thing to the tetter writer, know your tscts berore you wdte, tett the truth, and have
the cour€getosign yourname, t did.
Cralg R. Coteo
4477 Oak Grove Church Boad
Asheboro, NC27205
P.S. Coutd not m6ko it here tonight because thad a tate doctors appointmentin Morriwitte
morethen an hour away.
LB METALWORX, LLC
4534 OAK GROVE CHURCH RD. ASHEBORO, NC 27205
Soecial Use PermitN ei borhood Sienins Sheet
lnformation about LB Metalworx: My name is Matt Berry I am a Randolph County native that moved out to
the Oak Grove Church Road community in 2017 to callthis beautiful place home for my hmily. Asvou are
aware, I am seeking a special use permitto operate a smallmachine shop business on my property, behind my
house, at 4534 Oak Grove Church Road Asheboro, NC 27205. Some things you should know and understand
about my business.
. The name ofthe buslness is LB Metalworx LLC.. Normal business hours are Monday-Thursday 7:00am.4:00pm and Frldays 7:OOam-12:Oopm.. There is very little t.affic within our business as most ofour work is over emailand phone calls.. We are not open to the public but do help some ofthe locals that do call and need something
repaired orfixed.
. There is very little noise that is audible fiom outside the building.. There are no fumes of smells associated with my shop.. Outside storage is neat and maintalned to match the remainder of property.
. We take pride in the community and the surrounding areas.
We ask that you stand by ourside ln thistime of n€ed to help us obtain the special use permit needed to
continue doing business at this address.
lfyou would please sign, date, and provlde your addJess with any comments or concerns on the backslde of
this paperwork,
Thankyou,
Matt Berry.ry Josh Langley
Signature Page
Na e Sisn dress Comm nts
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Larlgley v. Autocraft, Iac., 9023 NCBC 53
STATE OF NORTH CAROLINA
GI.]ILFORD COT.INTY
JOSHUA T. LAr\GLEY.
IN THE G!:NERAL COURT OF JLISTICE
SUPERIOR COURT DIVISION
22 CVS 9346
Plaintiff/Counterclaim
Defendant
AI ]'IOCRAF'T, INC .
Defendant
LB IIETALWORX, LLC.
CouuterclaiE Defendant.
1. Autocra& Inc. ('Autocraft') hired Josbua Lalgley ("rangley') to
Eanage ita busiless. While employed, LaDgtey establiahed a competing business, LB
MetalwoE, LI,c CLBIvf), ald allegedly funaeled customer orders and other work
from Autocraft to that new busiDess, violati[g hia eEployer's trust. After Langley
sued Autocraft for breach of his euployment agreement, Autocraft counterclaimed
for breach of fiduciary duty, con8tructive fraud, aud unfair and deceptive trade
practices.
2. Langley and LBM move pureuant to Rule 12(c) of the North Carolina
Rules ofCivil Procedure (the "Rule(s)") forjudguent on the pleadirgs with respect to
Autocraft's counterclaims ("Motion'), (ECF No. 20). For the following reaaons, the
Court GRANTS the Motion.
ORDER AND OPINION ON
COUNTERCI.AIM DEFENDANTS'
MOTION I'OB JUDGMENT ON THE
PLEADINGS
Cornltlurs & Rotlt, P.A., by Keuin A. Rust, for Pktitltilf Joshua T.
Larglel and Cou erclaim Defendant LB Metalu:orx, LLC.
Tuggle Duggins P.A., b1 Donicl D. StrattorL, Brondy L. Marlsourql,1
Derli.s E. Jaaobson, and, Alerandri't B- Moryqrl, for DeieLdlitll Autocruft,
Irtc.
Earp Judge
I. I'ACTUAL BACKGROUND
3. On a motion for judfment on the pleaditrgs, the Court does not find
facts but rather recites the facts alleged i! the pleadings tbat are relevalt to the
Court's determination ofthe Motion. 8.g., Erirh*on v. Str ing,235 N.C. 643, 657
(1952\ Agaruol u. Estate of Agarunl, 2022 NCBC LDXIS 10, at *"2 (N.C. Super. Ct.
Feb.9,2022).
4. Autocraft is a North Carolina corporation , ith its principal place of
busiqess iu Randolph County, North Carolina. (Ar6wer, A-ffirmative Defs., and
Countercl. 8-22 ["Counterclaims"], ECF No. 11. '!J 3.)1
5. Autocraft's Annual Report for fiscal year 2022 fied with the North
Carolina Secletary ofState on 11April2023 reflecB that Keith Clapp is the President
of Autocraft atrd its fugistered Agent.2
I l.irr claritv. tho Cou n,lcrs k) pages 1.7 of-\utocrafl s .\nswer. .\lfumalive l){,,i'nscs. and
(huntcrclaims as .\ulo(irafl's ",\nswor" and to paBos 8-22 oftho Banc d()Cu xrnt aH,\ul{x'raft s
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visirul 7.\ugust 202:l). \\:hr!n {lociding a llule l2(i motjon, thr (1)uri "InuHl fl)nsi(i('r Ihrl
conrt)iNinl rn il" ('nlirol)' ,r,i well as olher soufiTs coufls ordinarilr oxamino whcrt rllling (nl
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Motsh.2l:2N.('\t)p.2i)1.2(i0(2018)GuolingT'elhbs. lt. t. Mrtlor lss[.s di llis/r/s. /,/./..
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document purpolts to provide l,angley the ability to Ieview the company s filral1cial
,recor'ds at'tel lbur years of erDployment, atld 1.he option to become a l0% o\\.nel of
"Autocraft Technoiogies' after he $as employed for' five years. r (Compl., Ex. A.. ECF
No 3.)
1?. Langlel'was never permjtted to rcview the compan),s finances even
though he wolked {or Autoclalt fo. more than four years. (Countercls. !l 10.)
Autocralt denies that Langley ever had or, plior to his discharge. ever attempted to
exercise the option to become an o$rer. (Countercls. llt 8, 12. 14, 15, 28.) No
Autocraft stock has been coDveyed to Largiey. (Countercls. '!i 20.)
18. In January 2022. Langley opened LBM. a competitive business.
(Courtelcls. ii 23.) Autocraft aileBes that, while Langley was still employed, he
purchased uachidng equipment capable of producing the same or similar products
to those produced by Autocraft in order to compete wrth Autocralt. (Countercls.
19. Langley did not disclose to Autocrall that he had purchased this
equipBellt, and it was not hrsiob to operate such equipment. (Colrntercls. lll :&:?.)
20. Autocraft alleges that from January 2022 through the time of his
discha.ge from employnent. Langley took orders on behalf of LBM (and perhaps
other competing companies) while on Autocraft corupany trme. (Countercls. !l-'11 29-
30)
a Neithcr part] addresses thc inao rislency hetween thc nlrme o{ ihe defendant. r\utuitaft.
lnc.. and t ho rotercnce in Exhibit -,\ to "i\urocrafl Technoklgres.'
12- During his eEployment l,angley was gr:anted access to all aspects of
Autocraft 6 busiuess and had substantial responsibility for its overall operations.
(Couutercls. tl 15.)
13. A-Eong other duties, Langley was responsible for overseeing employees.
customer relationships, supplier relationships, aqd production facilities. (Countercls.
ll 16.) Ou a daily basis. Autocraft entrusted langley with:
a. Oversight of Autocraft's facilitiesi
b. Developing relationships with Autocraft's customers, potential
customers, and referral sources;
c. Managing Autocraft s employeest
d. Interactilg witb Autocraft s suppliers, including by anticipating
Autocraft's supply treeds and placing orders.
(Coultercls. '11 17.)
14. Langley also had access to Autocraft's training and development
materials for its management and operating personnel, as well as to its other
confidential and propdetary busilless informatiou, including information regarditrg
Autocraft s machinery, equipment. customers, marketiug, aud pricitrg. (Countercls.
11 1e-20.)
15. Autocraft trusted langley to manage its operatiotrs. (Countercls. !i 21.)
16. On or about 28 December 2016, Langley, Keith Clapp, and Sharon
Clappjr executed a document titled, "Josh Langleys Autocraft Contract.' ?he
" Sh ron (-l|pl) is nol idenlific(l in lh{,pk'ndinss
21. Autocraft furtber alleges that, while Langley wa8 still employed by it,
he began usirg kDowled8E that he acquired oD the job to perform work for cuatoEer8
and potentiat c'ustomers of Autocraft in competition with Autocraft. (Countercls.
lJ 31.)
22, l,angley also allegedly used Autocrafte bu8itree6 relationahips and
cotrfidential irformatioo to undermine Autocraft's reLationships wittr its Ley
employees aud encourage those eDployees to leave Autocraft and work for LBM.
(Coutrtercls. fl 32.) Langley similarly undermined Autocraft'8 relationships with its
potential and currert customers. (Countercls. ll 33.)
23. Langley did uot disclose either his filarcial interest i! LBM or his
competitive activities on behalf of LBM while he was employed by Autoclaft.
(Countercls. !J 34.)
24. Langley engaged in the activities alleged for his own persoual gain.
(Countercls. !J 35.)
25. Autocraft termitrated Iantley's eDployB€nt imEediately after
discovering his conduct on or around 22 Augost20z2. (Countercls. !J 36.)
IL PBOCEDUBAL HISTORY
26. Plaintiff iqitiated this action with the filing of his CoEplaint on 19
December 2022. (ECF No.3.) The matter was designated to the North Carolina
Business Court and assigned to the uadersigned on 6 January 2023. (ECF Nos. 1, 6.)
27. On 22 February 2023, Defendaut filed its responsive pleading atrd
asserted three (3) counterclaims: (l) breach of frduciary duty against Langleyl (2)
-Tab\r o?gerp,.,itlvl Lb'b'
ARTTcLE 600: ZoNTNG ORoTNA cE
Locksmith S S
Machine shop, welding shop
Manufacturing, machine tools,
chemicals, fertilizer, paving
materials, wood products,
PaPer
Manufacturing, apparel, soft
goods, textiles
Meat packing and poultry
processing
Medical/Dental clinics or
laboratories
Mini warehouse
Mixed commercial and
residential use where
commercial use is primary and
both occupy the same
slructure or lot
Mobile home park
Mobile home on individual lot
Class A, B, or C
Mobile home on individual lot
Class A
Mobile home on individual lot
Class A or I
Mobile home in maior
subdivision Class A
Mobile home in maior
subdivision Class A or I
SS s/
////
s//r'r'
S
NoTEs rorHE TaaLE oF PERtrrtrED UsEs
1. All uses lisled in lhese charts for the E-, diskicts are permitted in individual lols. Other uses, permitted only as part a
Planned Eusiness Development are noted in Articlo 700, Section 719.2- Bone fide faftns and similar agricu ltural uses are exempt from zoning controls ofthis ordinance. See Article 600, Section
607.3. Commercial outdoor storage (except for junkyards as delined and regulated by this Ordinance) including contractols
yards, building supply sales and coal sales and storage are permitted in the zones where indicated only if the storage
yard is enclosed by a fence not less lhan eight feet in height which complelely screens from view the stored material
4. New junkyards permilled only by Special Use Permit in L/ and H/ must be a minimum of lhree acres ia size. Junkyards
existing in other districls at lhe lime of adoption of this Ordinance are made nonconforming uses, subjecl to lhe
provisions of Articie 700, Section 726 of this Ordinance. Ouldoor slorage of more than foul wrecked or immobilized
moto, vehicles is expressly prohibited in the RR and RM dislricls.
5_ Forest harvested properties (clear-cut properties) planned for major subdivision development shall maintain a minrmum
thirty-tive feet of existing uncut buffer along all existing Stale maintained roads
6. Any obslruction to be located within the zoning jurisdiction of Randolph County thal is more than 199 fl. in height above
round levelat its site will rcqute a Notice of Ptoposed Conslruclion or Afteration subrnitted to the FAA and will requires
ol No Adverse lmpact to Navigation from the FAA prior to granting a final building permit.a finding
RaNooLpH CouITy LTNTFED DEvELoPitENT oRolltA|cE P^GE 178
UsEs E dd 6=uJd, lE ul oooIUo
oIood J I
'#3 ARtlcLE 600: ZoNTNG ORDTNANcE
(l) Outdoor flea markets; or
618: TABLE oF PERMITTED USES
Districts in which uses are permitted as a use by right are indicated by a checkmark.
Oistricts in which uses are prohibited are indicated by a blank. Districts in which uses are
permitted as a Special Use upon approval by the Randolph County Planning Board are
indicated by S. Districts in which a particular use is permitted in an Overiay District are
indicated by O. Districts in which a particular use is permitted as a temporary use as
defined by th6se land development regulations, are indicated by I. See Article 600,
Section 620 for further information. Districts in which uses are permitted as in a Special
Entertainment Overlay District upon approval by the Randolph County Planning Board
are indicated by SE
RaNooLpH couNTY UNtFtEo DEvELoPMENT oRolNANcE PAGE 171
(m) Outdoor storage.
SOSID:2411728
Dn(e Filed: 5/l l/202! 8:29:00 AtI
Elrine F.l[rrshall
North C,rrolina Stcretxrv ofState
c2022 130 03048
OF
LB METALWORX, LLC
Pursuant to Article 2 of Chapter 57D of the North Carolina Gencral Statutes, the
undersigned natural pe$on of thc age of eighteen (18) years or more does hereby make and
acknowiedge these Articles of Organization for the purpose of establishing a limited liability
company (the "Company") under and by virtue of the laws of the State ofNorth Carolina, and to
that end does hereby set forth the following:
ARTICLE I
The name ofthe Company is LB Metalworx, LLC.
ARIICLL II
No date lor the dissolution ofthe Company is h€rein speoified
ARTICLEIIT
ARl'I LE VI
The Company shall have thc purpose ofengaging in any lawful business and shall havc all
of the powers sei forth in Section 57D-2-Ol ofthe North Carolina Goneral Statutes
ARTICLE IV
The Company has no principal ollice
ARTICLE V
The address of the initial registered office of the Company is 235 N Edgeworth Strcet,
Greensboro, Guilford County, Nortli Carolina 2?401' and the name of the initial registered agent
ofthe Company at such addriss is CR Services, LLc. The mailing address ofthe initial registered
oflice ofthc Company is P.O. Box 540, Creensboro' Cuilford County, North Carolina 27402'
The members of the Company shall not be manaSers by viiue oftheir status as members'
Except as expressly provided otherwisc in the w tten operating agreement of the Company, the
business of tfie Company shall be conducted under the exclusive management of those persons,
entities, firms or corporations who shall be designated from time to time in accordance with the
operating agreement ofthe Company as a manager.
023581r2519 DOC r 0lEtt574
ARTICLES OF ORGANIZATION
ARTICLE VII
The name and address oftheperson executilg these adicles oforganization as the orgalizcr
of the Company are:
Address
Christopher W. Genheimer PO Box 540
Greensboro, NC 27402
Pursuant to Section 57D-2-20(c) ofthe North Carolina General Statutes, the organizershall
identiry thosc persons, firms or corporations who shall be the initial mcmbers ofthe Company.
AB]]ELE IX
To the fullest extent permitted by the North Carolina Limited Liability Company Act, as it
exists or may hereafter be amended, the Company shall indemni! all persons who are m€mbers
or managcrs of the Company against any ofthe matters described in Section 57D-3-31(a) ofthc
North Carolina Geneml Stalutes. Notwithstanding the foregoing, lhe membeN shall have the
express authority, pursusnt to a written op€Iating agreement! to extend, restrict, or otherwise
modify the limilation of liability and indemnity provided hereunder or the terms and condirions
whereby such limitation ofliability and indcmnity will be provided. No amendment or repealof
this article, nor the adoption of any provision of these anicles of organization inconsistent with
this article, shall eliminate or reduce the protection granted herein with respect to ary matter which
occurred prior to such amendment, rcpeal or adoption.
AR'IICLE X
These articles shall becomc effective upon filing in the Officc of rhe North Carolina
Secrelary ofState.
IN WITNESS WHEREOF, the undersigned has hereunro set his hand and sealon rhis thc
lO'n day of May, 2022.
(SEAL)
Name
c w.c imer, Organizer
028581r25t9 DOC r 01E55t74
ARTICLE VIII
c.\202311101200
IIAME OF UMITEo LlAalLlw COMPI{'IY: LB Metalworx, LLC
SECRETARY oF STATE lO NUMEER: 241 1728 STATE OF FORMANON, NC
REPORi FOR TNE C{TENDAR Yg,Atl, l2l31/23
SOSID:24ll72lt
tlrie Etrd: s/26l2021
Ehinr l. Mrr3hrll
Norlh C|rolinr Se(relarl ol Shlr
cA202t lll 03200
L,-
sEsnox,t EEglulSED.aoEufllIflBuAIlQ!
l. NAME of REOISTERED AGENT: Josh L6ngi0y
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2. SIGI]AIURE OF THE NEW REGISIERED AGENT:
3. NEGSIEREO AOENI O'FIC€ STR€ET ADORESS A COU
7O.t &oo*td.h 8o.d
4. REGISTEREO AGENTOFF1CE MA]LINO ADORESS
PO 8or 286
stil.y, NC 27155 St Ly, N( 27355
tEcltotl 8: lllllJEAllEElgEl!f, M!
1. DEBCEPflOII OF I{AIUR€ Of gUaNEaE: Motal Wofi
2. IRINCIPAL OFFICE PHOIe UMBERT 336736-11 10 3. PRlfiClpAL OFFICE EilA
( PEiIOPAI OFFICE STREET ADMESS
/t534 O.k Grov. Church Rord
5. PRINCIPAL OFFICE IUAILITIG AOORESS
PO Bor 285
Ashcboro. NC 27205 Slaley, NC 2715s
Privacv Redaction
E. sal.ct ono oftho followlng lf.ppllctblo. (optlonll tc! lnltructlons)
Thc cofipany b a v€taGn-ovrn€d lmd busln€at
Tha company la r rondc!-dlltblad v6tc6n-owncd stltdl bualne33
SEcIOta C: g0 A$IlgtflQlAL! (Entor addluond company ottckl]3 h s€cllon E.)
MME: Josh trngloy |LAME: Metl Be y
ITLE: P€3ldsnt TITLE. Vic€-Presosrt
AoORESS. PO Bor 286 ADDRESS: 4534oakcrwe churd nd aooRESS:
Slr€y, NC 27155
M'JE
IITLE
SECION 0:
7 - jt-)3
.iCtud iy. CmDiy OritL Is.d sd, S.d.r' C o, Th! tm
SUBMIT THIS ANN REPORT WITH THE REOUIRED FILING FEE OF $2OO
r{{L Tq S.odry.l 5d., Bdn- R.dta..r Dlv-r', Pd olia ld 2526, n,..in, nc 27426'0525
LIIlIITED LIABILITY COMPANY ANNUAL REPORT
Eiitsffi
EfitrE S.ction o n!( b. compl'.tld ln lr. .nliDly by. por.odburilG! .ntly.
5
LB Metalworx LLC
M&hrc shor in R.ntuDn co'hiy xodn caoEB
LanBr a53a 06r G.N clEEn Rd. &|lnorD. r'|c 2I2O5
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drawi.qs,6rld 3!*ciric.li6rodar6mi*
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a LB Metalworx LLC
Our shop is growing. lntroducing a new CNC
lathe, CNC plasma table, automatic saw, EDM
hole popper, surface grinder, CMM and other
needed equrpmenl lo keep our customers
happy!!l We appreciate each and everyone ol
you.
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Also want to thank Chrisco Machinery lnc. for their hard work and dedication to get this thirE in
place with so many obstaclg ard such a tight fit
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SAFETY DATA SHEET E*o nMobil
MOBIL VACTRA OIL NO. 2
Relevant identified uses of the substance or mixture and uses advised aoainst
ldentified use6 : Lubricant
Uses advised against : This producl is not recommended for any industrial, professional or consumer use other
than the identified uses above.
Supplier
Product description
IVIOBIL VACTRA OIL NO 2
base oil and additives
EXXON MOBIL CORPORATION
22777 Springwoods Village Parkway
Spring, TX 77389 USA
24-Hour emergency
telephone number
Product Technical
lnformation
1-800424-9300 I +1 703-741-5970 I +1-703-527-3887 (CHEI\.i!TREC)
800-662,4525
www.sds.exxonmobil.comSDS lnternel Address
Section 1. ldentification
EXHIBIT
3
Section 2. Hazards identification
OSHA,/HCS status While this material is nol considered hazardous by the OSHA Hazard Communication
Standard (29 CFR 1910.1200), lhis SDS contains valuable information crilicatto the
safo handling and proper use of the product. This SOS should be retained and avatlable
for employees and other users of lhis product.
Not classitied.Classification oI the
substance or mixture
Hazards not othertrise
classifi6d
Not6
None known
This material should not be used for any olher purpose than the intended use in Section'1 wjthout expert advice. Health studies have shown that chemical exposure may causepotenlial human health risks which may varyfrom person to person.
Section 3. Composition/information on ingredients
Substance/mixture Mixture
lngredient name % by weight CAS number
solvenl dewaxed heavy paraffinic dislillate
reaction products of 4-meth)4-2pentanol and diphosphorus pentasulfide,
propoxylated, esterified wilh diphosphorus pentaoxide, and salted by amines,
c'12-14-tert-alkyl
>90
Proprietary
64742-65-0
Proprietary
Any concentratron shown as a range ts lo protect confidenliality or is due lo batch variation.
There a16 no additional ingredients presont which, within lhe current knowledge of tho supplier and in theconcenlrations applicabl€, aro classified and hence require reporting in this s;ction.
Occupational exposure limits, if available, are list6d in Section B.
Section 4. First aid measures
Descriotion ot nec€ssarv Iirst aid measures
Eye contact : lmmediately flush eyes with plenty of water occasionally lilting the upper and lower
eyelids. Check for and remove any contact lenses. Gel medrcal attention if initation
occ!rs.
lhhalation : Remove viclim 10 fresh air and keep at rest in a position comfortable for breathing. Gel
medical attention if symptoms occur.
Skin contact : Flush contaminated skin with plentyofwater. Remove contaminated clothing and
shoes. Get medical atlenlion if symptoms occur. lf product is injected into or underthe
skin, or into any part of the body, regardless of the appearance of the wound or its size,
the individual should be evaluated immediately by a physician as a surgical emergency.
Even though inilial symploms from high pressure injection may be minimal or absent,
early surgical treatment within the firsl few hours may signiflcantly reduce lhe ullimate
extent of ryury.lngestion : Wash out mouth with water. lf material has been swallowed and the exposed person is
conscious. grve srnall quantrties of water to drink. Do not induce vomiling unless
directed to do so by med cal personnel. Get medical attention if symptoms occur.
Most imoortant svmptoms/effects. acute and delaved
Potential acule health effects
Eye contacl : No known significanl ettects or critical hazards.
lnhalation : No known significanl effects or critical hazards.
Skin contact : No known significant effects or critical hazards.
lngestion : No known significanl effects or crjtical hazards.
Over-€xoosure sions/svmoloms
Eye contacl : No specific data.
lhhalation : No specific data.
Skin contact : Local necrosis as evidenced by delayed onsel of pain and tissue damage a lew hours
after injection.
lngestion : No specific data.
lndication of immediate medical attention and soecial treatment needed. if necessarv
Notes to physician : Treat symptomatically. Contact poison treatment specialist im mediately rf large
quantities have been ingesied or inhaled.
Specilic treatments : No speciflc treatment.
protection ol tirst-aiders : No action shall be taken involving any personal risk or without suitable training.
See toxi€ological intormation (Section 1l)
Section 5. Fire-fighting measures
Ertinouishino media
Suitable extinguishing
media
Unsuitable extinguishing
media
Use dry chemical, COr, water spray (fog) or foam
Do not use water iet
ln a llre or if heated, a pressure increase will occur and lhe container may bLlrst.Specific hazards arising
from the chemical
Hazardous combustion
products
Aldehydes, lncomplete combustion producls, Oxides of carbon, Smoke, Fume, sulfur
oxides
Date ol issue/Date of rcvision 23 May 2023 Date ol prcvious issue 3n0
Section 5. Fire-fighting measures
Special protective actions
Ior Il re.tig hters
Use standard firefighting procedores and consider the hazards of other involved
materials. Promptly isolate the scene by removing all persons from the vicinily of the
incldent ifthere is a fire. Assure an extended cooling down period to prevent re-ignition.
Prevent runoff from fire control or dilution from entering streams, sewers, or drinking
water supply. No action shall be taken involving any personal flsk or without suitable
haining.
Fire-fighters should wear appropriate protective equipment and self-contained breathing
apparalus (SCBA) wath a fullface-piece operated in positive pressure mode.
Special protective
equipment tor lire-fighters
Section 6. Accidental release measures
NOTIFICATION PROCEDURES
ln the event of a spill or accidental release, notify relevant authorities in accordance wilh all applicable regulations. LJS
regulations requhe reporting releases of this material lo the environment which exceed the applicable reportable quanttty
or oil spills which could reach any waterway including intermittent dry creeks. The National Response Center can be
reached at (800)424-8802.
Personal orecautions, orotective eouioment and emeroencv orocodures
For non-€morgency : No action shall be taken involving any personal risk or withoul suilable training.personnel Evacuate surrounding areas. Keep unnecessary and unprotected personnel from
entering. Do not touch or walk through spilled material. Put on appropriate personal
proteclive equipment.
For emergency responders : lf specialized clothing is required to dealwith the spillage, take note of any information in
Section 8 on suitable and unsuitable lnaledals. See also the information in "For non-
emergency personnel".
Environmental precautions Avoid dispersal of spilled malerial and runoff and contact wjth soil, wateMays drains
and sewers, lnform the televanl authorities iflhe produci has caused environmental
polluton (sewers, wateMays, sojl or ai0.
Methods and materials tor containment and cleanino uo
Small spill : Stop leak if without risk. Move containers from spill area. Dilule wilh water and mop up
ifwatecsoluble. Alternatively, or if watecinsoluble, absorb with an rnert dry material and
place in an appropriale waste disposal conlainer. Dispose of via a licensed wasle
disposalcontractor.
Large spill : Stop leak ifwithout risk. Move conlainers lrom spillarea. Prevent entry into sewers,
water courses, basements or confined areas. Wash spillages into an effluent lrealment
plant or proceed as follows. Contain and collect spillage with non-combusiible,
absorbent material e.g_ sand, earth, verm culite or diatomaceous earth and place in
containerfor disposalaccording lo local regulations (see Section 13). Disposeofviaa
licensed waste drsposal contractor. Conflne the spill immediately w th booms. Remove
from the surface by skimming or with suitable absorbents. Seek the advtce of a
specialist before using dispersants. Warn other shipping. Note: see Section 1 for
emergency contact information and Section 13 for waste disposal.
Water spill and land spill recommendalions are based on the most likely spill scenario for this material; however,geographic conditrons, wind, temperature, (and in lhe_case of a water spill)wave and current direclion and speed maygreatly influence the appropriate action io be taken. For thrs reason, local'experts should be consulted. Note: Localregulations may prescribe or limil action to be taken.
Section 7. Handling and storage
Precautions tor safe handlino
Protective measures
Advice on general
occupational hygiene
P{rt on appropriate personal protective equipmenl (see Section 8).
Eafing. dflnkrng ano smokrng should be prohrbrted rn areas where thrs .naterial tsnanored stored and processed. Workers should wash hands and lace Oeto,e eat,no.dflnJ.rng and snoking Remove contaminated crotni"q
"^o
pll".r;";;;;;;;"Y"r"enlering earing areas. See atso Seclrcr 8 for addjtion;t informarion on ;yd;;; ---"
measures.
Dale ol issue Date ol/evision
Section 7. Handling and storage
Static Accumulator This material is a static accumulator. A liquid is typically considered a nonconduclive,
static accumulalor if its conductivily is below 100 ps/m (100x10E-12 Siemens per meier)
and is considered a semiconductive, slatic accumulator if ils conductivity is below
10,000 ps/m. Whether a liquid is nonconduclive or semiconductive, the precautions are
the same. A number of factors, for example liquid temperature, presence of
contaminants, anti-static addilives and filtration can greatly influence the conductivity of
a liqu d.
Store rn accordance wilh local regulations. Slore in original container protecled from
direct sunlight in a dry, cool and well-venlilaled area, away from incompatible mate als
(see Section 10) and food and drink- Keep container tightly closed and sealed until
ready for use. Containers that have been opened must be carefully resealed and kept
upright to prevenl leakage. Do nol store in unlabeled containers. Use appropriate
containment to avoid environmental contamination. See Section 10 for incompatible
materals before handling or use.
Conditions for safe storage,
including any
incompatibilities
Section 8. Exposure controls/personal protection
Control parameters
Occuoational exposure limits
NOTE: L mits/standards shown for guidance only. Follow applicable regulations
reaction products of 4-methyl2pentanol and
diphosphorus pentasulf ide, propoxylated,
esterified wth diphosphorus pentaoxde, and
salled by amines, c1 2-14-lert-alkyl
lndividual orotection measures
Hygiene measures :
lngredient name
solvent dewaxed heavy paraffinic distillate
Eye/face protection
Skin protection
Hand protection
Appropriate engineerinq
controls
Environmental exposure
Good general ventilation should be sufficienl to control worker exposure to airborne
contaminants,
Emissions from venlilation or work process equipment should be checked to ensure
they comply with the requirements of environmental protection legislation. ln some
cases, fume scrubbers, lilters or engineering modifications to the process equipment
will be necessary to reduce emissions to acceptable levels.
Wash hands, forearms and face thoroughly after handling chemical products, before
eating, smoking and !sing the lavatory and at the end oflhe working period.
Appropriale techniques should be used to remove potentially contaminated clothing
Wash contaminated clothing before reusing. EnsuIe that eyewash stalions and safety
showers are close to the workstation location.
Safely eyewear complyrng with an approved standard should be used when a risk
asseasment indrcates ihis is necessary to avoid exposure to liquld splashes' mists,
oeses or dusts If co'tact is poss,ble. the following proleclion should be wom, unless
ile assessment irdrcates a hrqhe' deqree of proteclron: safely glasses wrlh side_
shields.
Exposure limits
ACGIH TLV (United States, 1/2022). [Mineral Oil, pure, highly and
severely relinedl
TWA: 5 mo/m3 8 hours. Formi lnhalable fractron
NIOSH REL (United States,10i2020). [OlL MIST MINERAL]
TWA: 5 mg/mr 10 hours. Forn: I\,lisl
STEL: 10 mg/m]15 minutes. Forn: IUist
OSHA PEL (United States, 5/2018). [Oil mist, mineral]
TWA: 5mg/mr8hours.
None.
Chemical-reslstant, impervious gloves complying with an approved standard should be
..,^--^.^,,..-^^'.,"^^"
:23 May 2023 Dete ol pevlous lss@ : Na Drevous edttan Varslon : 1 41A
I
Other skin protection
Respiratory protection
Section 9. Physical and chemical properties and safety characteristics
Note: Physical and chemical properties are provided for safety, health and environmenlal consid6rations only
and may not fully represent product specifications. Contact the Supplier for addilional inlormation.
The cond tions of measurement of all properlies are at standard temperalure and pressure unless otheMise ind c€ted.
Date ot issue/Date of revision 23May 2A23 Date of prcllous issue
Section 8. Exposure controls/personal protection
Body protection Personal proteclive equipment for the body should be selected based on the task berng
performed and the risks involved and should be approved by a specialist before
handling this producl.
Appropriate footwear and any additional skin protection measures should be selected
based on the task being performed and the risks involved and should be approved by a
specialist before handling this product.
Based on the hazard and potenlial for exposure, select a respirator that meets the
appropriale standard or certificatjon. Respirators must be used according to a
respiratory protection program 10 ensure proper fitting, training, and other important
aspects of use.
Liquid.
Brown
Characteristic
Not available.
Not applicable.
Nol available.
>315.56'C (>600"F)
AoDearance
Physical state
Color
Odor
Odor threshold
pH
Melting poinufreezing point
Boiling point, initial boiling
point, and boiling range
Flash point
Evaporation rate
Flammabilily
Lower and upper explosion
limit/flammability limit
Vapor pressure
Relative vapor density
Relative density
Solubility in water
Parlition coefficient: n-
Auto-ignition temperature
Decomposition temperature
Viscosity
Particle Eharacteristics
Median pa(icle size
Pour point
DMSO Extract (minerat oil
only), lP-346
Open cup: >205'C (>401'F) [AST[,,! D-92]
Not available.
lgnitable
Lower:0.90/o
Uppet:7o/o
<0.1 mm Hg [20 'C]
>2 [Air = 1]
0.883
Negligible
>3.5
Not available.
Not available.
8.6 cst [100 "C] IASTM D 445]
Not applicable.
-6'C
<3 % by wejght
Section 10. Stability and reactivity
Reactivily No specifi c test data related to reactivity avajlable for this product or jts inoredients
Chemical stability The product is stabte
Date of issuctDate of rcvision 23 May 2023 Date of previous issue
Section 10. Stability and reactivity
Conditions to avoid High energy sources of ignition. Excessive heat.
lncompatible materials Strono oxidizers
Hazardous decomposition
products
under normal conditions of storage and use, hazardous decomposition products should
nol be produced.
Section 1 1. Toxicological information
lnformation on toxicolooical effects
Acute toxicitv
Conclusion/Summary
lnhalation
Dermal
Oral
lrritation/Corrosion
Conclusion/Summary
Skin
Asoiration hazard
conclusion/Summary
l\linimally Toxic
components.
Minimally Toxic
components.
Minimally Toxic
components.
No end poinl data for material. Based on assessment ofthe
No end point data for material- Based on assessment of the
No end poinl data for material. Based on assessment ol the
Negligible irritation to skin al ambient temperatures. No end point data for material.
Based on assessment of the components.
May cause mild, shortJasting discomfort lo eyes. No end poinl data for material. Based
on assessment ol the components.
Negligible hazard at ambienunormal handling temperalures. No end poini data for
material.
Eyes
Respiratory
Sensitization
Conclusron/Summary
Skin Not expected 1o be a skin sensilizer. No end point dala for material. Based on
assessment of the components.
Not expected lo be a respiratory sensitizer. No end point data for rnaterial.RespiratorY
Mutaoenicitv
Conclusion/Summary Not expected to be a germ cell muiagen. No end point data for material. Based on
assessment of the components,
Carcinooenicitv
Conclusion/Strmmary Not expected to cause caflcer. No end point data for malerial. Based on assessment of
the components.
Reoroduclive toxicitv
Conclusion/Summary : Not expected to be a reproduclive toxicant. No end point data for material. Based on
assessment of the comPonents.
Soecific taroet oroan loxicity lsinole exposure)
Conclusion/Summary : Not expected 1o cause olgan damage from a single exposure. No end point dala for
material'
Soecific taroet oroan toxlcilv {reoeated exDosure}
conclusion/summary : Not expected to cause organ damage from prolonged or repeated exposure, No end
point data for naterial. Based on assessment oflhe components
Other informalion
Not expected to be an aspiration hazard
material. Data available-
Bdseo o_ phycr, o-chem,udl orooenies ol lhp
Oale of issue/Dab or rcvision 23 ilay 2423 Oate ol previous issue //14
Section 1 1. Toxicological information
Contains Base o I severe y refined: Not carcinogenic in an mal studies. Representative material
passes lP-346 Modified Ames test, and/or other screening lests. Dermal and inhalation
studies showed mrn mal efiects; lung non-specif c rnfillration of immune cells, oil
depos tion and minimal granuloma formation. Not sensrtizing in test animals.
Section 12. Ecological information
The infomation given is based on dala for lhe male al, components of the material, or for similar malerials, through the
application of bridging principals.
Toxicitv
Conclusion/Summarv
Acute toxicity : Not expecled to be harmful to aquatic organisms.
Chronic toxicity : Not expecled to demonslrate chronic toxicity to aquatic organisms.
Persistence and deoradabilitv
Biodeg.adability : Base oil component -- Expecled to be inherently biodegradable
Bioaccumulative ootenlial
Conclusion/Summarv : Base oil component -- Has the potenlialto bioaccumulate, however metabolism or
physical properties may reduce the bioconcenlration or limil bioavailability.
Mobilitv in soil
Mobility
Other ecolooical intormation
VOC content
Other adverse effecls
1.1 g/l [AST[,4 E1868-10]
No known significant effects or critical hazards.
Section 13. Disposal considerations
Oisposalmethods The generation ofwaste should be avoided or minimized wherever possible. Disposal
ofthis prod!ct, solltions and any by-products should at all times complywith the
requirements of environmental protection and waste disposal legislation and any
regional local authority requiremenls. Dispose of surplus and non-recyclable products
via a licensed waste disposal contraclor. Wasle should nol be disposed of untreated to
the sewer unless fully compliant with the requirements of all authorilies with jurisdiction.
Waste packaging should be recycled. lncineration or landfillshould only be considered
when recycling is not feasible. Avoid dispersal of spilled material and runoff and conlact
with soil, waterways, drains and sewers.
Empty Container Warning (where applicable): Empty containers may contaan residue
and can be dangerous. Do not atlempl to refill or clean containers without proper
instruclions. Empty drums should be completely drained and safely stored until
appropriately recondilioned or disposed. Empty containers should be taken for recycling,
recovery, or disposal through suitably qualifled or licensed contraclor and in accordance
with governmental regulations. DO NOT PRESSURISE, CUT, WELD, BRAZE,
SOLDER, DRILL, GRIND, OR EXPOSE SUCH CONTAINERS TO HEAT, FLAI\,IE.
SPARKS, STATIC ELECTRICITY, OR OTHER SOURCES OF IGNITION, THEY MAY
EXPLODE AND CAUSE INJURY OR DEATH
Section 14. Transport information
DOT Classification TDG Classification
UN number Not regulated Not regulaled Not regulated Not regulated
1..,N proper shipping
Transoort hazard
: Base oil component -- Expected lo padition to sedimenl and wastewater solids. Low
solubility and floats and is expected to migrate from water to the land.
IMDG IATA
Section 14. Transport information
Label(s)/ Marks
No No No No
Dale of issuetOate of rcvision 23 May 2023 Date of previous iss@
Packing group
Environmental
hazards
Additional inf ormation
Special precautions for user : Transport within user's premises: always hansport in closed containers that are
upright and secure. Ensure lhat persons transporting lhe producl know what to do in the
event of an accidenl or spillage.
Transport in bulk according
to IMO instruments
Not applicable
Section 15. Regulatory information
U.S. Federal regulations TSCA 8{a) PAIR: phenol, heptyl derivatives; siloxanes and silicones, dimei 2-1ert-butyl-
p-cresol
TSCA 8(a) CDR ExempuPartial exemplion: Not delermined
Clean Water Act (6WA) 307: toluene; benzene; arsenic; ethyl benzene
Clean Water Act (CWA) 311: xylenes; toluene; benzenei ethyl benzene
Clean Air Acl Section 112 : Listed
(b) Hazardous Air
Pollutants (HAPs)
Clean Air Acl Section 602 : Not lisled
Class I Substances
Clean Air Acl Sectaon 602 : Not listed
Class ll Subslances
DEA List I Chemicals : Not listed
(Precursor Chemicals)
DEA List ll Chemicals : Not listed
(Essential Chemicals)
SARA 302/304
Comoosition/information on inoredi6nts
No products were foLrnd.
SARA 304 RQ : Notapplicable.
SARA 311/312
Classificatlon : Not applicable.
SARA 313
This material contains no chemicals subiect to the supplier notification requirements of lhe SARA 313 Toxic Release
Ptogram.
The followrng components are listed: OIL tt4lST, MINERAL
None of the components are listed.
None ofthe components are listed.
None ofthe cornponents are listed.
None of the components are listed.
State reoulations
Massachusetts
Pennsylvania
lllinois
Date ol issue/Date ol revision 2j May 2423 Oato ol pnvlous lssu.
Section 15. Regulatory information
Australia inventory (AllC)
Canada invenlory (DSL.NDSL)
China inventory (IECSC)
Japan inventory (CSCL)
Japan inventory (lndustrial Safety and
Health Act)
New Zealand lnveniory of Chemicals
(NzloC)
Philippines inventory (PICCS)
Korea inventory (KECI)
Taiwan Chemical Substances lnventory
(TCSr)
Uniled States inventory (TSCA 8b)
Allcomponents are lisled or exempted
Allcomponents are listed or exempted
Allmmponents are lisled or exempted
Allcomponents are listed or exempted
At least one component is not ljsted.
All components are listed or exempted
All components are listed or exempted
Allcomponents are listed or exempted
Noahh
Flammability
Ph!6ical hazards
Section 16. Other information
Caution: HMIS@ ratings are based on a 04 aating scale, with 0 representing minimal hazards or risks, and 4
representing significanl hazards or risks. Although HMIS@ ratings and the associated label are not required on
SDSS or products leaving a tacility under 29 CFR 1910.'1200, the preparer may choose to provide them. HMIS@
ratings are to be used wilh a fully implemented HMIS@ program. HMIS@ is a registered tradema.k and service
mark ofthe American Coatings Association, lnc.
The customer is responsiblo tor determining the PPE code for this malerial. For more inrormation on HM156)
Personal Protective Equipm6nt (PPE) codes, consult th6 HMIS@ lmplemontation Manual.
National Fire Protoction Association lU.S.A.)
,.",,.}::ilIii;
Specialhazards
Procedure used to derive the classification
Not classified.
New Jersev Rioht to Know Disclosure
0
1
0
cAs f
Petioleum Oil (Lubricaht)
Historv
Date of issue/Date of
Oate ol previous issue
23 May 2023
No pr6vious edition
1
: All components are listed or exempted.
: All components are active or exempted.
l/l
Hazardous Material lntormation Svstem IU.S.A.)
Date of issue/Date of rcvision 23 May 2023 Dat. ol Frevious issue
Section 16. Other information
Key to abbrevirtions : ATE = Acute Toxicity Estimate
BCF = Bioconcentration Factor
GHS = Globally Harmonlzed S\,stem of Classification and Labelling of Chemicals
IATA = lnlernational Air Transport Association
IBC = lntermediate Bulk Contaaner
lN,,lDG = nternational Maltime Dafgerous Goods
LogPow = logarithm oflhe octanol/water partilion coefficient
MARPOL = lnlernational Convention for the Prevention of Pollution From Ships, 1973
as modified by the Protocol of 1978. (-Marpol" = marine pollution)
N/A = Not available
SGG = Segregation croup
l.lN = United Nations
References : Not available.
trlndicates information thal has changed from previously issued version.
DOC lO : 201560901015 1150750
Notice to reader
The information and recommendations contained herein are, to the best of ExxonMobil's knowledge and belief,
accurate and reliable as oI the dale issued. You can contact ExxonMobil to insure lhat this document is the most
current available from ExxonMobil. The information and recommendations are ofrered for lhe usor's
consideration and examination. lt isthe user's responsibility to satisfy itselfthatthe product is suitableforth€
intended use. It buyer repackages this product, it is the user's responsibility to insure proper health, safety and
other necessary information is included with and/or on lhe cor:tainer. Appropriate warnings and safe.handling
procedures should be provided to handlers and users. Alteration ol this document is strictly prohibited, Except
to lhe exlent required by law, re.publication or retransmission of this document, in whole or in part, is not
permitted. The term, "ExxonMobil" is used tor convenience, and may include any one or more of ExtonMobil
Chemical Company, Exxon Mobil Corporation, or any affiliates in which they directly or indirectly hold any interest.
Re LB Metalworx, LLC eppll.aoon for specrrl use perm]1 to operate machine !hol)
Ar. bi&l$lrar o, Esdcnt n.ai the Oak Grove church Road/waynick Meadow Road communrty, rhrs lettcr
Road hae a
rder to remain ln ooeraton. lf you are not aware, the prcpeny rs 20ned RA
IrGidlotut/aFEaltunll ,r|d cannot be used for commercial industry purposes such a5 a precisron ma.h n€
si$
L ll.lraF(r 6 iq a tmall, lemrlY-onented home busrness. The presrdent/lounder, losh LangleY, doe! nol
.ra a I* I tha p.g9.rty of as:!a O.l Grcve Chu,ch Road. The property rs owned by co fou nder/v rce
gtddlrf. Uttr &rry. Additiona lly. the companv is currentlv attemplinB to hrre outsrde employee5 lo ru I i r',
itdrr6 Tha 0*r€6 fully intend to grow the company and our rural, residennal nei8hborhood ri not r ne
p& tq iL l rtad*te shop k mithe, needed not wanted in our p.a.eful community.
Ib d*aia oa tg M€lahrcd, includinS heavy machinery operation and daily (ommer.ral truck deIver es. .rre
rd co.lFaill€ r,ith mral livinS. Obviously. nobody moved here to live next to a machine shop. Asrdc fronl
a*d ndtc lelEls, rncrea5ed tBffic by flatb€d, box, and traator trailer truaks will rncrease wear and-tear o11
r!"drbqh@d streets {4.e., potholes). LJndoubtedly, the machlne shop will harm real estate values and
:'agefiv/home values willdecreare in the surrounding area. Take aahon to stop thts from happenrngl
.3 t le.|EtrI 5nu(k rnto our communrty by operahng illegally without required permits since May 2022
i&aarr:,6. "t t n"r"
"rpand€d operahons wrthout any oppo5tton. The busine5s wrll conhnue to gro\& th!!
aarify"rt oaBatye elfect5 On our lrttle communjty. lf the special use permil is apprcved, rt wlll be eas,er ior LE
Ma,t irorr !o operate wrth lrttle oversitht regarding all achvities including growth, waste/byprodu.t drrposal.
o, tr haidifl&/lroa8e/u5e o{ haaardous matenals on srte. Oflen lhese pollutants seep tnto welt wJtL,r rreet5
ati t{,,i. tt pJld at o pave rh€ wey for othe. comme.cral industry to ertabish here;s well turth.,r. t8
lllrrasrr *d afflct dcer/wildlde acnvity patternr, hunting quality, and wildlile watching opponunities tn the
virraty
Do trot alto,fl.to\r( Fa(eful, counlry lifettyle to be rnterrupted by the clashrng and clanginS of heavv
m.chrn€rv, 18 whceler!, errernalrraftic, steel(uthng, and air/water polluhon. you cannot remarn ldle whri.
rh€ {oundanon, .r{ a p.rrennarly large-scale andustrial machrne shop are establiihed. lf vou do not a(t now.th.r. *ill not bqa ElDnd (hto!!_!qrtoo thlt. ple.se lupport the community by rnendint the p!blic
taoud,y erh.r 6 oopm 1725 M.Dowo[ Rd. A.h.boro, C lr2OS; Room A]. The Randotph County
ZonrnS Bo.rrd wrll t.kc (ommlals to
The permlt
use permd for LB
1. ldentilication
Product ldcnlllier TRllrO Llcrosolo 585XT
Other motns oI idonlillcation Non€.
Rocommend.d uss l,4elalwo ing Fluids.
Recommcnded rcllrictlon3 Applicable lor induslrial sellings only. No other uses are advised.
llanulecturer/lmponer/Supplier/DEl/bulor inlormatlon
Manufaclurer
Compenyl{ame Masler Fluid Solutions
Addr.ss 501 Wesl Boundary
Perrysburg, Ohio 43551 -1 200
Ilnited Slates
Telophone 419-871.7902
Webslle www.maslerfluidsolutions.com
E-mall inlo@masterchemical.com
Emorgency phon€ numbcr CHEMTREC 1-800-424-9300
SAFETY DATA SHEET
Warning
Causes skin irritalion. Causes eye irilalion
2. Hazard(s) identitication
Physlcal hazards
Health hazards
Environmenlalhazards
OStIA d6lined hazards
Not classilied.
Skin coff osion/irritalion
Ssious eye damage/eye irritation
Nolclassili€d.
Notclassilied.
Signalword
llazard stalemenl
Precaullonary slatement
Calegory 2
Calegory 28
Slorage
Disposrl
Harard(s) not olh€Bise
classilied (HNOC)
Supplemental inlormation
Wash hands lhoroughly aft6r handling. W€ar proteclive gloves.
llon skin: Wash with plenty ol waler. ll in eyes: Rinse cauliously wilh water lor severalmtnutes.
Bemov€ contacl lenses. il pr€sent and easy to do. Coniinue rinsing. tt skin triiation occurs:cet
medical advic€/a(enlion. lt eye irritation pe6ists: Gsl medical advice/aflent on. fake ot
conlaminaled clothing and wash it be,ore reuse.
Slors away lrom incompatible malerials.
Dispose ol contenis/contain€r in accordanc€ with local/regionalhalionat,tnternationat regulations
Chemicalname
I
CAS number
64742-52 5SEVERELY HYDROTREATED
PETROLEUM OIL
102 71-6 5,<10
TRAOE SECRET"
ry'5 < 10TBIETHANOLAtvttNE
Marenar namer TRt^r@ Micosd@ 58sxT
1015 Ve.sron r 03 Revrnondare:Ol t1-2021 tssu6dalo:05-282015
3. Composilion/intormation on ingredients
30-<40
1/6
CAS number
TRADE SECRET'1,<3
TRADE SECRET't -<3
Olher components below reporlable levels
'Des q.ates lhat a specilic chemrcal identity and/or percentage o, composition has been wilhheld as a trade secrel.
4. First-aid measures
Waslr allecled area wilh mild soap and waler.
lmmediarely ilush wirh plenty ol warer lor at least l5 minlres. l, easy lo do. remove contact lenses.
ln ihe unlikely evenl oi swallowing conlad a physician or poison conrrol center.
40-<50
symplomsieff ecls. acule and
Generalinlormalion
5. Fire-tighting measures
Suilable exlinguishing media
Unsuilable extinguishing
Speciric hazards arising lrom
Special proleclive equipmenl
and preca'rlions tor llretighters
Get med ca allenlion t need-cd
No unus!a lre orexplosion hazards noled
Dry chemical. CO2. water spray or alcohol resistant foarn. Use fire-extingulsh ng modla
appropr ale lor su(oundinq malenals,
Do nol use a solid water strearn as il may scallerand spread i re.
Wear su table protective equ prnenl ilse standard lirefight ng procedues and consider the
hazards ol olher involved materals.
6. Accidental release measures
Personal precaullons, For personal proteciion, see section I ol lhe SOS. Keep unnecessary personnelaway. Use
protective equipment and personal prolective equiprnenl as requted.
emergency procedures
uethods and mrterialslor Soak up wilh nerl absorbenl maleral. Clean up n accordance wlh allapplicable regulalions.
containmenr and cleaning up
7. Handling and storage
Precauiions lor sate handllng Avoid coniacl wilh eyes. Avoid prclonged or repealed conlacl wilh skin. Wash lhorcughly atler
handlng. Do notlaste or swallow,
Conditions lor sate slorage, The product is slable and non'reacive under normal conditions ol use, slorage and rranspon.
including any incompatibillties Store ia a dry place. Slore ia a closed container.
8. Exposure controls/personal protection
Occupational erposure llmils
us. osHA Table z-l Llmlts lorAlr contamlnanls (29 cFB 1910.1000)Components Type value Form
SEVEBELY
HYDBOTREATED
PETROLEUI\,4 OIL (CAS
81742 52 5l
us. aCGIH Threshold Limll Values
PEL 5 mq/m3 l/1s1.
SEVERELY
HYDBOTREATED
PETROLEUM OIL (CAS
a4742-52-5)
1R ETHANOLAMINE {CAS
r02 71-6)
5 m9,m3
Ma:er al name: TBllll@ lr,licrosol@ 585XT
r015 Verson, 08 F€visondale:01 11 2021
5 m9,m3
2t6
US. NIOSH: Pockei Guide to Chemical HazardsComponents Type
SEVERELY STEL 10 mg/m3 Mist.
HYDBOTREATED
PETROLEUM OIL (CAS
64742.52 5)
Appropriate enginsering Use process enclosures, localexhausl verl lation, or olher engineering controls to controla rborneconlrols levels below recommended exposure limits. Eye wash ,ounlain and emergency showers are
recommended.
lndividual prolection measures, such 5s personal prolective equipm6nlE!€/laceproteclion Satelyglasses.
Skin protection
Hand proloclion Wear appropriale chemical resislanl gloves.
Besplralory prolecllon ln case ol insullic ent ventilat on, wear suitable respiralory oqulpment,
Genoral hygione Always observe good personal hygiene measlres, such as washing atter handlinq the materialconslderations and belore ealing, drlnking, and/or smoking. Routinely wash work cloth ng and prolective
equipment lo remove conlaminants.
9. Physical and chemical properties
Physlc8lstato Lq! d.
Color Anber
Odor Mib am ne
Odor thr63hold Nol available.
pH 9.6 10
Melting poinulreelng poinl 5'F (-15 "C)
lnilial boillng point and boillng >= 212 'F (>= 100 "C)
rang6
Flash point >212.0"F (> 100.0'C)
Evaporation rale <lBuAc
Flammabllily (solld, gas) Not applicable.
Upp€r/low6r flemmability or explosiv6 limlts
Flammabllily limit - lower Nol available.
174
Flammabitity llmil ' upper Not available.
('hl
Explosive llmil - lower (o/.) Not available.
Erplosivo limit - upper (7, Not available.
Vapor pressure Not available.
Vapor density Nol available.
Helallve denslty Nol available.
Solubllity(les)
Solublllty (water) Soluble
Parlltlon coelllcient Not avaitabte.
Auto-lgnitlontorhporEturo Notavaitabte.
Decompo3illontemperature Notavailable.
Vlscosity Not avaitabte.
other lnrolmation
Flash point class ASTI\,4 D93,08'
pH ih aqueous sotrrtlon 9.3 - 9.6
Specilic gr.vity 0.975 - 1.015
Olher inrormallon 'Not measlrabte due to walerconlent
Maler al name: TR hri@ M c.osoro sssxr
1015 V6rson r: 08 Fevisondale: o1-11,2021 tssL€ dale 05 28 2015 3/6
10. Stability and reactivity
Chemicalsiabiliiy
Possibiliiy ol hazardous
Condiiions lo avoid
lncompatible materials
Hazardous decomposition
1'1. Toxicological inlormation
Inlormation on likely routes oi exposure
lnhalalion No adverse eflects due to inhalalion are expected.
Skin conlacl May be irritating to lhe skin.
Eye conlacl May be irrilating lo eyes.
lngeslion Expecled 1o be a low ngesrion hazad.
Symptoms related lo the tvlay be ir aring io lhe skin. May be trilafng ro eyes
physical, chemical and
loxicological characlerislics
lnf ormalion on loricological ellects
Acute toxiclty Not classled.
Producl Specles
The producl s slable and non reactive under normal condilions of use, slorage and transport.
Stable al normal condltions.
Hazardous polymerizalion does nol occur.
Do noi add sodium nilrle or olher nilrosal ng agents which may lorm cancer causing nilrcsamines.
Strong acds Powerful oxidizers.
To avoid ihermal decomposii on, do nol overheal.
lJa:e' a name: TRl[,l@ Microsol@ 585XT
rlrS V€rsion 08 R€vrso.dale:0r'r1 2021
4,6
TAllltr.r Li crosol@ 585XT
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DermalLD50 Babbil > 2000. mg/kg
lnhalallon
LC50 Rai > 200. mg/l
Oral
LD50 Bal > 5000. mq/kq
SIin corroslon/kritatlon [,4ay be ifiilaling to the skin
Serious eye damage/e)€ l\,4ay be rrlalingtoeyes.
Bespiratory or skin sensltlzallon
Fesprratorysensitizalion No'class,l,eo.
Skin senslllzallon This producl s nol expecled to cause skin sens lzalion.
Germ cell mulagenicily No data available to indicale producl or any components presenl al grealer than 0. 1 v. are
mutagenicor genotoxic.
Carcinogenicily This prodlct is notconsderedlo be a carcinogen by IARC ACGIH,NTP orOSHA.
oSHA Specilically Regulated Substances (29 CFR 1910.1001-1052)
Nol requlaled.
Reproducllve loxicity Thrs producl is nol expected lo cause reproduciive or developmenlal eflects.
Speciiictargetorqanloxlcily- Nolclassiiieo.
Specific targel organ loxicity- Nol classilied
repeated exposure
Aspiration hazard Nol classiiied
chronic etlects None known
12. Ecological information
Ecoloricity Nor avarlable
Persistence and degradability No data s available on the degradabilitv ol lh s product'
Bloeccumulallve potontlal No data available.
Mobilltyin soll No data available.
Olher.dverso ellacts No olher adverso envtonmental €flscls (e.0. ozon€ depl€lion. photochsmical ozons creation
pol€ntial, endocrine disruption, globalwarming poieniial) are sxpecied lrom this component.
13. Dlsposal consldetatlons
Dlapo3al inslrucllons Dispose ol conlenttconiainer in accordance with locayregionaunational/international reoulations
Hazardou! waal. cod! The wasle cod€ should b€ assign€d in discussion belween lhe user, lh6 producs and lhe wasle
disposal company.
W.6l.lrom re3idues / unus€d Dispose of in accodanco with local rsgulalions.
Conlrminrtcd packaglng Emply containeG should be raksn to an approved wasie handling sire lor recycling or dlsposal.
Follow precautions lor sale handling descib€d in lhis salsly data sheei.
1 4. Transport lnf ormalion
DOT
Not reoulaled as dang€rous goods.
IATA
Nol regulaled as dangsrous goods.
IMOG
Not rsgulaied as dang€rous Ooods.
15, Regulalory intormalion
Superfund Amendmenr3.nd Reauthori2ation Act ol 1986 ISARA)
H.z€rd categorie! lmmediate Hazard ' Y€s
Delayed Hazard - No
Fne Hazard - No
Prcssure Hazard , No
Reactivity Hazard No
SAAA 302 Exrremely hazardous Bubstance
Nolrequlated.
SARA 3'! 1/312 Hazardous Yes
chemlcal
SARA313 (TRl reportlng)
Noi regulated.
Olher lederal Bgulalions
Cle.n Air Act (CAA) Section 112 Hazardous Air Pottutent3 (HAP3) List
Nol rcgulaled.
Cle.n Ak Acl (CAA) S€clion 1'12(r) Accidont.l Release Prevention (4O CFR 68.130)
Nol regulated.
t S stale rogulatlons
Cllilornia Proposltion 65
Calilornia SaJe Drinking Warer and Toxic Enlorcement Acr ot 2O16 (Prcposilion 65):This materiat
is nol known to conlain any ch€micals cursntly lislsd as carcinogons or rsproductive loxins_ For
more nlormation go lo www,P65warnings.ca.gov.
lntsmational lnvontorl€s
Countryls)or reglon lhvsr orynam6 On inventory(y6ho)'Canada Domestic Substances Lrsi (DSL) yes
Canada Non,Domeslic Subsiances List (NDSL) No
Uniled States & Plerto Rico Toxic Substances ControlAcl (TSCA) tnventory yes
'A_'Yes" ndrcales lhal all componenb or lh s producl comply wrh lhe rnvBnlory requnements admmisbred by rhe qovernrnq country(s)A'No" ind@les thatoneor mo.e comprnenrc o, fte producl a,e nor risled or;xe.ipi rom r,sli.gon the inve;b,y ;dmin si;,ed by thi?governing
16. Other lnlormation, including dsle of preparation or last revlsion
05-28-2015
o1 -'t 1 -2021
Maleialnane: TR|M@ Microsot@ 585xT
1015 Verson, 0a R€vsion dal6: 01 1l.2O2t tssuedate: 05 20 2015 5/6
08
The iniormalio. provided in this Salery Dala Sheel is correct lo the besl ofour knowtedge,
inlormation and beliel at the dale oi ils publ cation. The informalion given s designed onty as aguidance lor sa,e handling, use. processing, storage, transponaion. dsposaland release and is
nol to be consider€d awarranty orqualily specificaiion. The lntormation retates onty lo lhe specitic
mateial desrgnaied and may nol be valid ior such maienal used n combinaton wilh any other
materials or in any process, unless speciled in ihe texl. I\,lasler Fluid Solulions cannot anticipale
allcondilions und€rwhrch this inlormalon and lls producl, or the products ol other manulacturers
in combinalion wilh ils product. may be used. ll is the usels responsibility to ensurc sale
condilions for handling, slo.age and disposalol rhe producl, and lo ass!me tiabitity for toss, iniury,
damage or expense due lo mproper use.
Physical & Chemical Propenies: lvuliiple Propenes
Toxicological lnlormation: Toxicological Data
Bevision nlormalion
r,/aler al name TBI[,]@ lvlicroso!@ 585xT
10 5 Velson8 o8 Revrslondal6:01 l1-202r lssoe dale:05_28-2015 6r6
EXHIBIT
Lt
Summary of Leqislative Chan qes in t e
Randolph County U nified Development
Ordinance
Since the adoption of North Carolina General Statute S 160D, NCGS S 160D, the North
Carolina GeneralAssembly has made several changes to NCGS S '160D. These changes
have now been incorporated into the Randolph County Unified Development Ordinance
along with various grammar and formatting corrections. The following is a summary of the
changes required by the GeneralAssembly.
Article 100: General Provisions
1.
2.
3.
4.
5.
6.
7.
8.
L
10
11
12
13
14
15
'16
17
Blockchain:
Cessation of Operations,
Cryptocurrency;
Cryptocurrency Facility;
Data Center Facility;
Date Processing Facility;
Expansion/Expanded;
Municipality;
Off-Premise Sign;
Parking Area/Loti
Persons with Disabilities;
Photovoltaic Modulei
Rebuild/Rebuilt:
Recycle;
Storage Container;
Towing Service, and
Utility-scale Solar Project
Section 103: Watershed Protection Ordinance Definitions
The following definitions were added or amended as required
Buffer;
Buil!upon Area;
Common Plan of Development;
Existing Development;
Existing Lot (Lot of Record);
Lot;
Non-Conforming Existing Lot;
Sunmary of Legislalive Chaoges February 7, 2024 Page 1 ol7
Section 102: Unified Development Ordinance Definitions
The following definitions were added or amended as required:
1.
2.
3.
4.
6.
7.
Perennial Waterbody. and
Subdivision.
Section 104: Flood Damaoe Prevention Ordinance Definitions
Section 107: Maps
This section was updated to reflect that zoning maps are maintained in a digital format
Article 300: Boards and Orqanizational Arrangements
Section 306: Remote Meqlinqs Duinq Declared EmerqenciesA. Remote Meetinos
Added the sentence, "Compliance with this statute estab/ishes a presumption that a
remote meeting is open to the public." al the end of the paragraph.
E. Public Hearinqs
Additional wording was added regarding rules to be followed in the case of a remote
meeting and how notirications must be distributed.
Article 400: Administration . Enforcement and Appeals
B. Stop Work Orders
Removed the information regarding misdemeanors as they are no longer allowed to be
used for enforcement purposes and changed the language to refer the reader to Article
400. Section 405 for enforcement measures.
Section 404: Enforceme nt
Section 405: Fi ne s and Penalties
avment of Penaltiesl. Non-p
This section was updated to add the ability to plac
payment of penalties or "equitable settlement" is not
demand for payment. The section specifies that the
e a lien on a property in case the
completed within thirty days of the
County Attorney, General Court of
Justice. and the Planninq Director are involved in this process
Summary of Legislative Changes February 7, 2024 Page 2 ot 7
8.
The following definitions were added or amended as requared:
'l. Area of Future-Conditions Flood Hazard;2. Area of Shallow Floodingi3. Digital Flood lnsurance Rate Map (DFlRN,l);4. Existing Building and Existing Structure;5. Flood lnsurance Study (FlS);6. Map Repository;7. NAVD 1988 (deleted); and8. Reference Level.
J. Criminal Penalties
Thisen-ti'esectionwasre,noVedaScriminalpenaltieSarenolongerallowedforzoning
violations
Section 406: Aooeals of Administrative DecisionsA. Apoeals
Added the sentence, 'Appeals of administrative decisions on subdivision plats shall be
made as provided in NCGS S 160D-1403."
E. Stavs
Added wording stating that an appeal of a Notice of Violation can be appealed to the
Zoning Board ofAdiustment and the procedures to be followed in case the staff member
that issued the Notice of Violation is no longer a County employee. (This information is
currently in the Unified Development Ordinance, but the State added further clarification. )
Section 407: Quas-Judicial ProcedureK. Judicial Review
Added wording stating that the Board of Commissioners or the Planning Board has the
authority to settle litigation as part of a judicial review process.
Secti o n 411: P lan ni nq Board Review and CommentA. Zoninq Amendments
Added wording that specifies lhat no rezoning approvals are to be sent until after the
fifteen-day appeal period has expired unless there is an appeal filed wilh the Board of
Commissioners.
E. Rehearino of Oenied Request
Added wording that was in previous versions of the Unified Development Ordinance that
states that if a rezoning request is denied, the request cannot be heard again for one year
unless the Planning Board "unanimously flnds" the conditions have changed or new
information has been submitted.
Section 414: Vested Riqhts and Permit Choi ce
Permit Choice
Added wording that clarifies the rules regarding permit choice in the case that regulations
change after an application is submitted and new regulations are in ptace once theapplication is reviewed and approved. The section states that the applicant can chooseto either follow the regulations in place at the time the application was made or follow thenew regulations that were approved afrer the application was submitted.
E.MultiD le Permits for Develooment Proiect
Added
item D
a statement that this section does not impact lhe duration of vested rights underin this section.
Article 600: Zonin Ordinance
Summary ol Legislative Changos February 7, 2024 Page 3 of 7
B,
Removed all references lo "One and Two-Family Dwellings" and updated names of
various Building Code Councils due to changes in the General Statutes made by General
Assembly.
Updated the term "comprehensive plar" to become "comprehensive or land-use plan."
Section 603: Zoninq DistrictsB. ConditionalDistricts
Added wording at the end ofthe section stating that the Counly cannol "impose a harmony
requirement. . . if the development contains affordable housing units for families or
individuals with incomes below eighty percent of the area median income."
Section 606: Zoninq Conflicts with Other Develo pment Standards
Added wording at the beginning of the section that includes how to handle conflicts of
standards under NCGS S 1604-174 (b) and NCGS S 160D.
A, Bona Fide Farmino Exempt from Countv Zoninq
Added new guidelines from the General Statutes that accessory buildings for the storage
of ceriain crops, and byproducts is a bona fide farm use. The section also adds that turkey
brooder litter that is dried and sent for reuse is also a bona fide farm purpose.
Section 612: Buffer Standards
Adding wording the plantings in bufier areas should be mixed planting to prevent pests
and diseases from destroying the entire planting area.
Section 613: Zoninq Districts Established
Added ciarillcation that minimum lot sizes are calculated by excluding any area in rights-
of-way and land that is subject to flooding or land that may make flooding worse.
Section 618: Table of Permitted Uses
Deleled "Compaftmentalized storage for individual storage of residential and commercial
goods."
Added "Cryptocurre n cy. "
Clarilled the types of mobile homes that are allowed on individual lots based on the type
of mobile home and the location of the property (ex. ln a subdivision vs. outside a
subdivision.)
Section 621: Oetailed Requlations for Specific Uses
Adding wording allowing County staff to require additional information that may not be
specifically listed under the specific uses
Added "Data Processing Facllity" to the specific uses
Summary of Legislative Changes Page 4 of 7February 7, 2024
Added a statement under'Schoo/s, Academic and Business/frade " that the public water
and sewer providers for a proposed school location that the Board of Education has
submitted questions to see if the provider can serve the proposed school. lf the provider
has the capacity, they must reseNe the capacity for the proposed school.
Updated the entire 'So/ar Energy Facility" guidelines to include the new guidelines
adopted by the GeneralAssembly.
Section 626: Manufactured Homes
E,Set-Up and lnstallation Standards
Added a new section that does not allow the County to require masonry curtail wall or
masonry skirting for manufactured homes on ieased property.
Sectio 629:Ad o d Small Area PlansnA. Birkhead Wilderness/Uwharrie Forest Small Area Plan
Updated the table under item two in this section to clarify the setbacks in the SmallArea
Plan
Section 635: Siqns
B. General Requlations
Ny'odified item seven to clarify how to calculate the area of a sign when sign faces are
back to back. Also added new requirements that signs be placed where the public has
clear sight distance and tells how the "sight triangle" is to be calculated.
Article 700: Subdivision Ordinance
Section 701 : Authoritv
Updated the entire section to comply with the new language adopted by the General
Assembly.
Section 704: Conten ts and Requirements of Req ulations
Added ltem H as required bythe
cannot be more stringent than
Carolina Department of Transpo
GeneralAssembly states that private driveway standardsthe minimum design standards adopted by the North
rtation. NCDOT.
Sutumaty of Legislatjve Changes February 7, 2024 Page 5 of 7
Modified the lot size requirements in mobile home parks to meet the state-required
minimum lot sizes in watersheds and critical areas.
Se,cti.gn 207: Penalties for Transferrinq Lots in Unaporoved
Subdivisions
Remo.ved the information regarding misdemeanors as they are no longer allowed to beused for enforcefient purposes and changed the language to refer thjreader to Article400, Section 405 for enforcement measures.
Section 718: Enforcement
Removed the information regarding misdemeanors as they are no longer allowed to be
used for enforcement purposes and changed the language to refer the reader to Article
400. Section 405 for enforcement measures.
Section 719: Specifications for Preliminary Plat
Removed the requirement that plats should be drawn to a scale of nol less than two
hundred feet to the inch.
Section 720: Specifications for Preliminary Plat
Removed the requirement that plats should be drawn to a scale of not less than two
hundred feet to the inch.
Article 800: Watershed Protection Ordinance
The entire l4/alershed Protection Ordinance will be updated to reflect the new State model
watershed protection ordinance.
Article 900: Flood Dama q e Prevention Ordinance
The entire Flood Damage Prevention Ordinance will be updated to reflect the new State
model ordinance by the end of the year.
Article 1000: Judicial Review
Section 1002: Appeals in the Nature of Certiorari
Added a new statement under item I that , "A failure to obiect to a hearing by a person with
standing . . . shall not constitute a waiver of a right to assen impermissible conflict
involving a member of the decision-making Board."
Added ltem M that states if a Special Use Permit is issued by the Planning Board due to
a Court order, any appeal of the Court order is moot.
Section 1 003: ADDeals of Oecisio ns on Subdivision Plats
The wording of the section is changed to allow for a
the plat is made whether is it made by the Planning
Section 1005: St utes of Limitation
B. Text Adoption of Amendment
ppeals based on how the decision of
Board or County Planning staff.
Sumnary of Legislative Changes February 7. 2024 Page 6 of 7
Section 721: Specifications for Minor Subdivision Plat
Removed the requirement that plats should be drawn to a scale of not less than two
hundred feet to the inch.
Adds text that any challenges to regulations adopted under lhe Unified Development
Ordinance must be brought within one year.
Summary of Legislative Changes Februaty 7, 2024 Page 7 of 7