03MarchPBPage 1 of 21 3/5/2024
March 5, 2024
1. Call to Order of the Randolph County Planning Board.
There was a meeting of the Randolph County Planning Board on March 5, 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 at the meeting. Reid Pell, Ken Austin, Melinda Vaughan, Brandon Hedrick, Kemp Davis, John Cable, and Reggie Beeson 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, Kim Heinzer, Tim Mangum, and Eric Martin.
3. Consent Agenda:
● Approval of agenda for the March 5, 2024, Planning Board meeting.
● Approval of the minutes from the February 6, 2024, Planning Board meeting.
On motion of Davis, seconded by Austin, 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.)
There were no Conflicts of Interest or ex parte communication identified by any
Planning Board member.
5. Old Business.
There was no old business for the Planning Board meeting.
6. New Business.
SPECIAL USE PERMIT REQUEST #2024-00000099
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The Randolph County Planning Board will hold a duly published and notified
quasi-judicial hearing on the request by MC ARMS of NC, Asheboro, NC,
and their request to obtain a Special Use Permit at 4576 High Pine Church Rd, Union Township, Tax ID #7636264207, 10.78 acres, RA - Residential
Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow the operations of firearms sales and
manufacturing to facilitate online sales in an existing building on the
property.
Caddle presented the first case of the night to the Planning Board.
Pell opened the public hearing and stated that anyone who wanted to provide testimony on Special Use Permit requests must be sworn in before giving testimony.
Morgan administered the oath to two citizens.
Lucas Mullis, 4005 Stonehill Ln, Matthews, NC, stated that he is a partner in this small business that started six months ago. He stated that the business is applying for a type seven federal firearms license from the Federal Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF). Mullis stated that the business would be
taking firearm parts and putting the weapons together. He stated that he and his partner both have full-time jobs, this operation will be part-time, and all sales will be online only, and they will also handle the transfer of firearms for family and friends. Mullis concluded by saying that all assembly would be done with "regular" hand
tools. Bill Cranford, 4576 High Pine Church Rd, Asheboro, NC, stated that he is the property owner and partner in the business. Cranford stated that the existing building will be a location to allow purchases and for customers to come to the site to pick up
their purchases. Pell asked if there were any questions from the Planning Board members. Cable asked if there would be any test firing on the site and the applicants stated it
was not their intent to have a test range on the site. Austin asked about ammunition storage and Cranford stated that the only ammunition on the site would be his personal ammunition.
Cable asked about the safety and security of the site and Cranford stated that there are security cameras on the site along with keypad locks and a six hundred-pound safe where parts or completed weapons will be stored. Cable stated that this is not the first request of this nature to come before the
Planning Board and that he worries about the safety and security of the family and
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neighbors and that most applicants take good steps to protect everyone. K. Davis asked if this would be a gun range and Cranford replied that there would not be a gun range on the site.
Austin asked if the newly assembled weapons would get one serial number and Cranford stated that the new weapons would get one serial number and they would register the weapon and serial number with the ATF along with all other necessary paperwork.
Pell asked if there were any other questions for the Planning 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 in opposition to the request. Hearing
none, Pell closed the public hearing.
Cable stated that the applicants answered all of the questions and that the Board's approval is necessary to obtain the federal firearms license.
On the motion of Cable, 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.
REZONING REQUEST #2024-00000301
The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by MICHAEL C BRADY, Julian, NC, and their request to rezone 77,480 sq. ft. out of 7.04-acres at 9144 Old 421 Rd, Liberty Township, Tax ID #8708746407, Primary Growth Area, from HC -
Highway Commercial District and RA – Residential Agricultural District to HI-
CD - Heavy Industrial - Conditional District. The proposed Conditional Zoning District would specifically allow the recycling, crushing, screening, and sorting of rock, concrete, and asphalt into usable products.
Caddle presented the second case on the Planning Board agenda.
Pell opened the public hearing.
Michael C Brady, 9144 Old 421 Rd, Julian, NC, rose to address the Planning Board and stated that he owns the property and is leasing the land to Piedmont Triad Transportation and Grading and that this company is running the operation.
Pell asked if there were any questions from the Planning Board members. K. Davis asked Brady about his current business, and he stated that he does automotive work and that the rock crushing is being done by Piedmont Triad
Transportation and Grading. K. Davis asked if this was the closest operation of this
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type to the megasite and Brady answered that it is the closest site to the megasite. Caddle stated that this request is before the Planning Board tonight due to an anonymous complaint and subsequent inspection and Notice of Violation of
the Randolph County Unified Development Ordinance since the site is not properly
zoned for this operation. Austin asked about the length of the lease and Brady stated that it is a one-year lease with options to renew.
Morgan asked about the type of equipment and Brady said that he did not know other than the rock crusher and a trackhoe. Austin asked about the frequency of trucks going from this site to the megasite.
Brady said that some days no trucks go to the site and other days there might be two
trucks going between the sites. Beeson stated that the operation was taking big rocks and making them into small rocks and Brady stated that Beeson was correct and that the rocks would be
crushed, loaded, and used as needed at the megasite.
Beeson asked about the hours of crushing and Brady stated that the crushing never starts before 7:30 am and the employees are gone by 5:00 pm. Brady further stated that his business is there and he does not even know when the employees are there
running the crusher and that the trucks coming in and out of the site make more noise than the crusher. K. Davis asked about the hours of operation and Brady stated it was Monday through Friday from 8:00 am to 5:00 pm. K. Davis asked about the "intent of the
lease" and if the operation would continue after the megasite construction was completed and Brady stated he assumed that the operation would close once the construction was completed Morgan explained the public hearing procedures for the citizens attending the
meeting in that the applicant goes first, those in favor of the request speak next and then the opposition to the request gets to speak next followed by the applicant who can address any concerns raised by citizens. Pell asked if there were any other questions from Planning Board members. Hearing
none, Pell asked if there was anyone else in favor of the request who would like to speak. Elizabeth Kirkpatrick, 235 Old Quarry Rd, Graham, NC, rose to address the Board and stated that she is an agent with Piedmont Triad Transportation and Grading.
Kirkpatrick stated that the current lease will expire on October 3, 2024, and that the company currently has several contracts with Toyota Battery Manufacturing and the
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work may continue on for some time. Kirkpatrick said that the company might be interested in staying at this site after the megasite construction is completed. Kirkpatrick also told the Planning Board that the company is not selling the rock but recycling the rock to be used on the megasite. She also stated that there are
trackhoes and excavators on the site and the site will not be open on Saturday or
Sunday. She also stated that the truck will not be operating if it is raining and that, on average, there are one to two trucks at the site as needed. Kirkpatrick concluded her remarks by saying that at the end of the lease prior, they would return the site to its previous condition and provide Brayd with a gravel parking lot.
K. Davis asked if there would be any permanent buildings on the site and Kirkpatrick stated that there would be no buildings. Austin asked about the trucks and Kirkpatrick stated that the trucks belonged to the
company.
Austin asked if there had been any complaints or inquiries from the neighbors and Kirkpatrick stated that she was not aware of any complaints.
K. Davis asked if the site is only working with rocks from the megasite and
Kirkpatrick said that it was a true statement. Pell asked if there were any further questions from the Planning Board. Hearing none, Pell asked if there was anyone else who would like to speak in favor of the
rezoning request. Tim Booras, 7157 Bobby Jean Rd, Julian, NC, stated that he is one mile away from the site and wants to make sure that this request is done correctly. He mentioned that tractor-trailers were on Old 421 Rd constantly and the road has bad curves. He
provided the Board with an information packet. (See exhibit #1.) Booras asked that the Board add a condition that the exit from the site be on Bulb Rd and that this area of the County should not be industrial. He also mentioned the three food trucks that park across the road from the request location and he asked
the Planning Board to change the speed limit on the roads in this area to make it safer. Booras talked about the thirty to forty houses that are in Guilford County and why they did not get notices about the public hearing Morgan stated that signs were
posted and the Randolph County Unified Development Ordinance and North Carolina General Statutes require the County to notify adjoining property owners but that the County line does cause issues with notifications. Borras passed out another packet to the Board. (See exhibits #2-7.)
Austin asked if the signage was good enough and Booras said that there was one sign in front of the location.
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Booras stated that he did notice that there were no stormwater measures or erosion control information in the agenda packet and that must be addressed.
Austin asked if Booras had any conversations with the leasing company and Booras
replied, "No ."
K. Davis talked about Bulb Rd and the possibility of requiring the traffic to exit the site on Bulb Rd and the possibility of a stop light being installed.
Caddle stated that local North Carolina Department of Transportation (NCDOT) staff attend Technical Review Committee meetings for all cases and they had no comments for this request location.
Austin said it appeared that the business has been operating for a while and that,
according to Kirkpatrick, there had been no complaints.
Austin stated the questions or suggestions about the speed limit or stoplights need to be directed to NCDOT as the Planning Board has no control over those issues.
Morgan stated that Planning staff and the Board of County Commissioners have asked NCDOT to address specific concerns but the County is not always successful in these attempts. Morgan also addressed the concept of temporary zoning and stated that the County does not have that as an option and that once a property is
rezoned, it will stay that way until there is a change and that any change in the site
plan would require a new application to amend the Conditional District Permit.
Cable stated that some of these issues are out of the hands of the Planning Board and that NCDOT does not take much input from the Board.
Lee Musser, 7265 Bulb Rd, Julian, NC, rose to address the Board and she pointed out her house with a red roof on the site plan and she stated that she does not have a problem with the operation as they work the hours and days previously stated and that once the trees bloom, they will not be able to see the site.
Pell asked if there were any questions from the Planning Board.
Cable stated that he had retired from the Guilford County Sheriff's Office in 2015 and that he had written many tickets in this area due to excessive speed.
Beeson asked about the request to move the drive and Musser stated that the site was too wet and she did not want to see the trucks coming in and out of the site.
Pell asked if there was anyone else who would like to speak In favor. Hearing none,
Pell asked if there was anyone in opposition to the request who wanted to address the Board. Hearing none, Pell asked if Brady or Kirkpatrick wanted to respond to any
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of the statements made. Brady stated that he did want to address a few concerns. He stated that the company did look about exiting the site on Bulb Rd but it is too narrow.
Kirkpatrick stated that the homes in Guilford County have over a three-hundred-foot setback and that the company is aware of the rules and regulations regarding stormwater management and erosion control. Kirkpatrick stated that based on the nature of the operation, they are exempt from certain environmental requirements.
Austin asked about erosion control and Kirkpatrick said that the North Carolina Department of Environmental Quality (NCDEQ) does not require them to submit various plans but the company does the necessary work to comply with the requirements.
Pell asked if there were any further questions from the Planning Board. Hearing none, Pell closed the public hearing. K. Davis asked if the Planning Board could we make a recommendation to NCDOT
and Caddle said that staff could make them aware of the concerns raised tonight.
Morgan stated the road issues are not part of the condition district being considered. Austin stated that this is a perfect example of temporary zoning and why the County
should research this issue. Cable stated that this request shows how these cases are supposed to work with everyone having differing opinions but being polite at the same. Cable stated that life has changed in this area and it is good to keep big rocks off of major roads and he
has not heard anyone say that they are against it. Hedrick stated that the Randolph County Growth Management Plan expected there would be incompatible uses and this could be an example of such a use.
On the motion of Austin, 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.
Caddle stated that the request has been approved but there is a fifteen-day appeal period that must pass before the Conditional District Permit will be issued.
REZONING REQEUST #2024-00000126
The Randolph County Planning Board will hold a duly published and notified
legislative hearing on the request by DAVIS INVESTMENT PROPERTIES, LLC, Randleman, NC, and their request to rezone 1.89-acres at 5567 Old Greensboro Rd, Level Cross Township, Randleman Lake Protected Area
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Watershed, Tax ID #7766591509, Primary Growth Area, from RA -
Residential Agricultural District to CVOM-CD - Conventional Subdivision
Overlay Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow a two-lot addition to an existing subdivision for Class B manufactured homes and above as per the site plan.
Caddle presented the third case of the night to the Planning Board.
Pell opened the public hearing.
Eric Davis, P O Box 452, Randleman, NC, rose to address the Board and said that he was the manager for Davis Investment Properties, LLC, and that they are planning on putting Class A mobile homes on the property instead of the Class B as shown on the application. E. Davis stated that the homes would be Clayton Homes,
and would be registered as real property once the property is sold. E. Davis
mentioned that the selling price for the lots in question would be $225,000.00 and up and would have a one-year warranty. E. Davis also pasted out real estate comps for the Board's review. (See exhibits #8-12.)
K. Davis asked E. Davis if he planned to pave the driveways for the lots, and he
replied no but that we would provide enough area for vehicles to turn out on the lot instead of having to back into Old Greensboro Rd. Vaughan stated that based on the pictures provided by E. Davis the homes will have
a lovely interior. Vaughan stated that one of her sons was in the engineering program at North Carolina State University (NCSU) and said that based on the testing done at NCSU and other agencies, people should not complain about the construction of mobile homes since they are built in a factory and then moved on major highways and interstates without any problems.
E. Davis said that all manufactured housing must be United States Department of Housing and Urban Development (USHUD) listed and approved for it to be sold in the United States.
Vaughan stated that manufactured housing can help to address the affordable housing crisis. E. Davis stated that the manufactured homes he is proposing to put on these lots will be approximately 1,500 sq. ft.
Beeson asked E. Davis about his request for Class A manufactured housing and better and E. Davis said that the surveyor had made a mistake on the application. Hedrick stated that the rezoning application would need to be changed. Planning
staff changed the application during the public hearing and it was signed by E. Davis.
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Beeson asked about the shape of the Z lot and E. Davis said that he needed to shape the lot this way to give the lot more area and to meet County requirements.
Hedrick said that he was not sure if the lots met the 100 ft. lot width requirement and
Caddle and Beeson both said that the information is on the plat showing that the lots do meet the requirements.
E. Davis told the Board that lot number one has been sold.
Pell asked if there was anyone else In favor of the rezoning request who wanted to speak. Hearing none, Pell asked if anyone was in opposition to the request that wanted to address the Planning Board.
Sybil Burgess Murray, 9833 US Hwy 64 E, Ramseur, NC, passed out exhibit #13.
Murray told the Planning Board how E. Davis did not honor the conditions agreed to and imposed on the property that he had rezoned on Weeden St in Staley. Murray read from the Planning Board minutes from March 2023 where they mentioned a thirty-five ft. no-cut buffer. Murray stated that the Planning Board approved the
request and it was appealed to the Board of Commissioners. The Board of
Commissioners heard the appeal on April 7, 2023, and at that meeting, E. Davis agreed to leave a fifty-foot buffer along the east property line to buffer Olivers Chapel Church. Murray also mentioned that Commissioner Haywood asked about the debris and E. Davis said that the debris would not be burned on the site.
Murray stated that in February of this year, debris burning was occurring on the property and that she called the 9-1-1 Center and the Sheriff's Department and that nothing was done and she felt it was social injustice since this is a predominately African-American community. Murray concluded her remarks by stating that E. Davis
is not following the conditions established for the development and he has shown
himself to not be reliable
Pell asked if there were any questions from the Planning Board.
Cable asked Murry if she had notified the Planning staff of these problems and concerns. Murray stated that she had not notified the staff as she did not know that she needed to call the staff. Caddle stated that the staff would take her comments as an official complaint.
Rhonda Carreras, 5893 Big Oak Way, Randleman, NC, addressed the Planning Board and said that she was speaking on behalf of James Keith Buie, who lives near the site and did not receive a written notice.
Carreras told the Board about an e-mail to Former County Manager Hal Johnson
about this subdivision and was told that Johnson approved the minor subdivision plat for the first three lots and that the development was built quickly and expanded to
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more than three lots. She also related that Buie is on municipal water and has very little water pressure and if these additional mobile homes are approved, his water pressure would go down even more.
Pell asked if Buie had contacted the City of Randleman about the water pressure
problems and Carreras said that Buie had not contacted the City of Randleman, but when he found out about additional homes, he became worried about the water pressure issues.
Morgan asked how long ago Buie had lived at this site and Carreras replied twenty
years. Carreras talked for a moment about housing affordability and that she had pulled information from the Rocket Mortgage website that showed the County currently has
an inventory of 298 single-family site-built on that market in January 2024, and 303
in February 2024. Carreras said that people cannot buy land if it is not available and based upon the survey in the Randolph County Growth Management Plan, eighty- five percent of the residents want stick-built homes and that by allowing manufactured housing, the County is not providing justice to its citizens. Carreras
concluded her remarks by asking the Planning Board to follow the plan.
Chris Andreoli, 5626 Dashwood Dr, Pleasant Garden, NC, rose to address the Planning Board. He stated that Providence Township has the most manufactured homes and mobile homes than anywhere else in the County. Andreoil said that is a
place for manufactured homes but this is not the location due to the tax liabilities imposed on the citizens since site-built homes bring in more tax revenues. Andreoli also stated that the County zoning ordinance needs to be updated since the County is experiencing so much growth. He stated that the US Hwy 220 Business
corridor is prime for growth and it needs water and sewer to maximize the resources of the County. Andreoli states, "We must have well-managed zoning with a mix of quality housing" and stated that the Planning Board has done a great job trying to control growth.
Andreoli talked about other properties that E. Davis owns and he stated that they are not well maintained, and that E. Davis is using the loopholes in the zoning ordinance to do what he wants on the property that he owns and that there is a potential for mismanagement. Andreoli asked the Planning Board to deny this request because it is not well planned and the Board needs to close the loopholes to prevent this type of
development from happening again. In closing, he asked the Planning Board to, "follow the plan." Austin asked Andreoli about the loopholes that E. Davis is using to do his development. Andreoli talked about the placement of manufactured homes on
properties and the location of a manufactured home at the traffic circle at US Hwy 220 Business N and Providence Church Road. Andreoli stated that the placement of
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manufactured houses needs to be managed, well planned and for the Board to "lock it down and control what is going in County." Cable asked Andreoli to suggest a place for a manufactured home to be located.
Morgan asked if there was any information available to show the number of manufactured homes that are in parks as opposed to manufactured homes that are on individually deeded lots. He continued that the State has passed statutes to make it harder to regulate manufactured housing but the citizens in this case are talking
about changing the process to make it even harder for manufactured housing and
that the Boards hear the concerns of the citizens and we have to look at the individual needs. Morgan asked for more concrete recommendations from the community to address their concerns but the County is limited in what can be done based on the general statutes.
Andreoli stated that if a property owner has a twenty-acre parcel and wants to put a manufactured home on the property for a child, that is different than a subdivision but the County allows E. Davis to continue setting up manufactured homes.
Austin stated that the County does have plans in place to have managed growth, but
that there are people who can buy site-built homes and some people can only afford manufactured housing, and that options cannot be removed. Austin stated that this request is not for a manufactured home park but a subdivision where the owner of the manufactured home will also own the lot. Austin concluded that the County
needs affordable housing and it is addressed in the Growth Management Plan and the Board has to balance the need carefully. Adreoli asked about protection for people building site-built homes and Morgan agreed that there needs to be protections but the citizens need to tell the Boards
how it can be better accomplished. Adreoili stated that he did not understand the definition of a manufactured home, manufactured home park, and a subdivision.
Austin asked about the difference between manufactured housing and affordable housing. Caddle defined a manufactured home from the Randolph County Unified Development Ordinance, "a manufactured home or mobile home is a structure as
defined in NCGS 143-145 (7)" and in this request, E. Davis wants to divide the property into multiple parcels that will be sold with one manufactured home on each lot and the home would be a Class A or better as defined by the Randolph County
Unified Development Ordinance so it could be a site-built house.
Cable stated that the Planning Board tries to strike a balance for housing types and that the Board is seeing more requests from family members to be able to put
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manufactured homes on their property for a child or parent Hedrick stated that he wanted to clarify a point and stated that North General Statute 160D-910, Manufactured Homes, has been in place since 1987 and that the General
Assembly keeps making changes to the laws, and that the County has done a good
job of controlling the growth where it is allowed and several court cases shows the limits of the power the County has in controlling manufactured housing. Hedrick stated that any changes would have to be started at the North Carolina General Assembly and they would eventually flow down to the County but that he feels that
the trend from the State is toward more affordable housing.
Adreoli said that the County can put controls on how the process works. Morgan stated that the public hearing is being held because E. Davis is going beyond what is allowed in the Randolph County Unified Development Ordinance. Andreoli stated
that he is not against manufactured homes and that he owns one in another county
in a planned development. Austin stated that E. Davis has said in the public hearing that these manufactured homes will have the titles destroyed and will be listed as real property with the Tax
Department.
Mary Alice Asbury, 260 Red Cedar Ct, Randleman, NC, addressed the Planning Board and told how she relocated to the area in 2017 and that she loves the area but they do have well problems. Asbury stated that these new manufactured homes will
have an impact on the wells in the community. She also stated that it is difficult to buy a site-built house in the County and that the average price in July 2023, was between $157,000 to $259,000, and that she doubts that a manufactured home will sell for $250,000. She concluded her remarks by saying that E. Davis is buying up property and selling manufactured homes on the lots and they are not pleasing.
Beeson stated that this is a request is for a subdivision. Asbury asked why people are not paying for better housing as manufactured homes, causing home prices to drop and the roads are not being maintained, which causes
the tax burden to increase. She also distributed a packet of pictures of close manufactured home parks and other development in the area. (See exhibits #14-17 .) She also stated that the manufactured homes would use more water than a site- built home.
Cable stated that he was confused about the water usage being different based upon the housing type--each home would potentially use the same amount of water and that there is no difference in water used based on housing type, Cable also stated that the County Planning is outstanding and if there is a true zoning violation, they need to be notified so it can be investigated and handled.
Caddle stated that Code Enforcement is complaint-based and that staff do not have
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the time to ride around the County looking for violations. Cable stated that so many times the Board hears that no one wants to live beside a particular project but that the County has a great staff and the citizens should allow
the staff to do their job.
Pell called for a five-minute recess. Upon resuming the meeting, Pell asked if there was anyone else in opposition who
wanted to address the Board. Hearing none, Pell asked E. Davis if he wanted to
respond to the comments or questions raised by the opposition. E. Davis stated that growing pains are never fun and that Old Greensboro Rd has municipal water and there is a fire hydrant at the corner of the property. E. Davis said
that he did not know if the manufactured homes would impact the water but he had a
soil scientist review the property for septic systems and both lots have already been approved for the septic systems. E. Davis stated that these homes are being sold and built in a factory just like
modular homes.
Morgan stated that he wanted to address a couple of points. Morgan stated that the County cannot control whether the property is rented or sold and the Board cannot require the lots to be sold.
E. Davis stated that he does have rental property but the manufactured homes are not Class A homes and not everyone takes care of their homes and it will not look good if the property is not maintained.
E. Davis addressed the concern on Weeden Street and stated that he had hired someone to do timbering and the contract stated that the fifty for no-cut buffer must remain but he has not been to the site to measure it and he did not know that the timber company had been burning the timber but he would check and have it stopped. E. Davis concluded his remarks by stating that there is a huge need for
affordable housing and that he cannot make everyone happy but the homes he is proposing for this property are increasing in value. K. Davis asked if the request is for Class A manufactured homes instead of site-built homes and E. Davis said that it was driven by the housing and real estate brokers
are saying they are having problems with homes over $300,000 and at this target price, more people can afford the manufactured homes. Cable asked about the appeal mentioned earlier and K. Davis asked where it was located, They were told that the appeal was on property in Staley and that it had no
bearing on this rezoning request.
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Morgan stated that the Planning Board can use the information supplied by Murray as they wish. Hedrick asked about the thirty-five ft no-cut buffer along the State roads and Caddle
said it is required by the Randolph County Unified Development Ordinance and it
would be a code violation if it is not replaced. Beeson said that he thought it would be cheaper for the developer to leave the buffer before the request was heard than to have to replant the buffer later.
Hedrick stated that since this is rezoning, the thirty-five ft no-buffer would be a Code Enforcement issue. Pell stated that the requirement is already in the Randolph County Unified
Development Ordinance.
Pell asked if there were any further questions from the Planning Board. Hedrick asked if the rezoning application had been updated and he was told that the
application had already been updated and signed by E. Davis.
Pell asked if there were other questions from the Planning Board. Hearing none, Pell closed the public hearing.
Beeson said that he is a lifelong resident of Randolph County and is opposed to manufactured home parks and that this request is a step up from a manufactured home park. Hedrick talked about the economic involvement and that the Planning Board can
consider that this site has public water and that the rules allow more density since it has public water and Austin agreed. K. Davis asked if the Planning Board was still considering the request on Old Greensboro Rd and he was told the Board was still on the Old Greensboro Rd
rezoning request.
On the motion of Hedrick, seconded by Austin, with a vote of 6-1, Cable voting no,
the Board voted to approve the request with the motions contained in the Planning Board packet.
Caddle stated that the request has been approved but there is a fifteen-day appeal period that must pass before the Conditional District Permit will be issued.
REZONING REQUEST #2024-0000121
The Randolph County Planning Board will hold a duly published and notified
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legislative hearing on the request by DAVIS INVESTMENT PROPERTIES,
LLC, Randleman, NC, and their request to rezone 10.32-acres on St Peter
Church Rd, Level Cross Township, Randleman Lake Critical Area Watershed, Tax ID #7766273107, Primary Growth Area, from RA -
Residential Agricultural District to CVOR-CD - Conventional Subdivision
Overlay Restricted - Conditional District. The proposed Conditional Zoning
District would specifically allow a five-lot subdivision for Class A
manufactured homes and above as per the site plan.
Caddle presented the next case of the night to the Planning Board.
Pell opened the public hearing and called for the applicant to address the Planning Board.
E Davis addressed the Planning Board and said that this request was the same as
the request on Old Greensboro Road that the Board had just heard. He said it would be the same type of homes, brick foundations, and that the titles would be dissolved at the property closing making the manufactured homes listed as real property. The home sites on lots two and three have already been permitted and all lots will have
their own septic system and well. E. Davis did state that these homes would sell for
more money than the homes on Old Greensboro Road due to the larger lot sizes. Pell asked if there were any questions from the Planning Board.
Hedrick asked about the shaded area on lot number two and E. Davis stated that the shaded area will be for the septic system for lot number one. K. Davis asked how much of the property was cleared and E. Davis estimated that less than an acre had been cleared but that he did sell timber as select cut, E. Davis
said that lot number four was cleared and that lots number five, six, seven ad eight have been select cut. K. Davis asked about the thirty-five-foot no-cut buffer and E. Davis stated that the trees had already been removed. E. Davis stated that due to the topography of the land, the manufactured homes must be close to the road. K. Davis asked about the buffer on lots one, two, and three and he was told by Caddle
that those lots had already been approved as a minor subdivision since it was three lots. Caddle read from the Randolph County Unified Development Ordinance, Article 600, Section 618, where it says, "Forest harvested properties (clear-cut properties)
planned for major subdivision development shall maintain a minimum thirty-five feet of existing uncut buffer along all existing State maintained roads." Caddle stated that the first three lots in the minor subdivision would not need the buffers replanted. Austin asked E. Davis if replanting the buffers would be a problem and E. Davis said
that he would do what was needed to meet the requirements.
Page 16 of 21 3/5/2024
K. Davis stated that the Planning Board could not give a variance from required buffers as outlined in the Randolph County Unified Development Ordinance.
Austin asked about the map showing streams on it and Caddle replied that the
streams on the map were from a project the County did in 2007 but we cannot be certain that the streams are there and that Planning Staff uses the data produced by the United States Geological Survey (USGS) since they are the official source of the data.
K. Davis asked if the NCDOT has supplied any comments and he was directed to the information contained in the Randolph County Technical Revew Committee
Report and Map Amendment Evaluation that is included in the agenda packet.
Pell asked if there was anyone else In favor of the rezoning request. Hearing none,
Pell asked if there was anyone in opposition to the request who wanted to address the Planning Board.
Joy Sparks, Piedmont Triad Regional Water Authority, P O Box 1326, Randleman,
NC, stated that the Piedmont Triad Regional Water Authority (PTRWA) owns and
operates Randleman Lake which is a WS IV-Critical Area. The PTRWA desired to ensure water quality for Randleman Lake and when properties are for sale close to the lake, PTRWA tries to purchase the property to protect the lake. Sparks stated that PTRWA had tried to purchase this property several years ago but someone
offered a high price that the PTRWA could not march. Sparks stated that the
PTRWA does own a two-hundred-foot buffer around the entire reservoir to protect the lake and the water quality. She stated that this request is approximately five hundred feet from Randleman Lake and that the property had been clear cut and there are concerns about increased sediment and stormwater run-off into the lake.
Sparks asked the Planning Board to protect Randleman Lake and deny the request.
Cable asked Sparks to restate her numbers and she stated that the PTRWA has a two-hundred-foot buffer and Caddle stated that this request is outside of the PTRWA buffer around the lake.
Pell asked if there were any questions from the Planning Board.
Mimi Allen, 432 St Peter Church Rd, Randleman, NC, addressed the Board and asked if there is a good place to put a manufactured home or a modular home. Allen
said, "Not in front of my house."
Allen stated that she sold the property several years ago and did not sell it to E. Davis and she was told that the property would not be used for a manufactured home park and it would only allow three site-built homes. Allen stated that everything
is gone now and she can see everything looking out her front windows. Allen then asked if anyone on the Planning Board was related to E. Davis. K. Davis stated that
Page 17 of 21 3/5/2024
they only share a last name. Allen concluded her comments by stating that everything she was told several years ago is now different and the only thing the Board is concerned with is making money.
Austin asked Allen about the PTRWA offer to purchase the property and she stated
that the property was her brother's property at that time. Carmen Mollette, 459 St Peter Church Rd, Randleman, NC, addressed the Planning Board and said that someone had put a manufactured home close to her house and
it was now demolished and she no longer has any privacy, and her water is now
muddy. Mollette stated she is now going to have to put up a fence. Roger Green, 352 St Peter Church Rd, Randleman, NC, talked about the environmental issues caused by the number of wells and septic systems and if there
would be any buffers to prevent stormwater run-off. Green stated that the water is
going somewhere and it is only going to get worse. K. Davis stated that part of the approval process is going through Environmental Health and their inspection and review process and Environmental Health makes the
decisions on approving or denying wells and septic systems based on State rules.
Austin stated that if E. Davis got the necessary permits and approvals to install the septic system, he could do it.
Hedrick stated that part of the permitting process is controlled by the North Carolina Department of Environmental Quality (NCDEQ) and that E. Davis will have to go through their permitting process and that citizens should contact NCDEQ if there are any problems.
Pell asked if anyone else wanted to speak in opposition to the rezoning request. Hearing none, Pell asked E. Davis if he wanted to address the concerns raised by the community. E. Davis addressed the concerns raised by the citizens and stated that only a portion
of lot number one, two, and three are clear-cut and that the property naturally flows down to the lake. Austin asked E. Davis how much of the parcel had been clear and he replied that he did not know but it was probably a couple of acres and maybe as much as five to six
acres. E. Davis stated that the property has not been clear cut as stated earlier by Sparks. E. Davis said that he did try to control the erosion and stormwater run-off and if he is disturbing less than one acre of land, he does not need to get a Soil Erosion Control Plan approved by the State and that he would get the Soil Erosion Control Plan when he did disturb more that one acre of soil.
Pell closed the public hearing for discussion among the Planning Board.
Page 18 of 21 3/5/2024
Hedrick stated that since the site is in the Randleman Lake Protected Area, there are different minimum lot size requirements and that these lots meet those requirements.
Cable told the citizens that this is the venue where people can talk about their concerns and that the Planning Board does not try to pass the buck and sometimes the Board takes on too much information. Cable continued that that are other State agencies that control some parts of the development process and the Board's hands
are often tied but that the zoning compliance is under the Planning Board's control.
Cable said that the Board does well in trying to weigh everything out and they do not always agree but everyone does their due diligence and tries to listen to each side of the issues.
K. Davis told the citizens that his last name was the same as the applicant and if he
thought he could not make an impartial decision, he would recuse himself from the case. Beeson said that the property is clear-cut, and there is a lot of slope, and that E.
Davis should have reached out to PTRWA or NCDEQ before doing anything but that
this Board has little control over drainage. Beeson said this request is a major subdivision and the necessary measures were not undertaken to control erosion or stormwater run-off.
Austin stated that he agreed with Beeson.
Cable stated that he assumed the two-hundred-foot butter that is owned by the PTRWA is still in trees and it appears that E. Davis did not go on to someone else's property.
Austin stated that it would be hard to determine the slope and how wet the area already is based on the amount of rain in the past couple of days. Hedrick asked Caddle if the Planning staff could find a resolution to the issues and
Caddle said staff will have to enforce the thirty-five-foot no-cut buffer and no permits would be released until the buffer is replanted. Vaughan stated that it would be good to buffer the lake.
K. Davis said that there is a buffer between the PTRWA property and E Davis' property. Austin said he was not happy with the application at this point and that he did not know what the proper step should be for the Board. Caddle said that the Planning
Board can deny the request and it if is denied, E. David would have to wait one year to resubmit the request unless the Board determined that the request was
Page 19 of 21 3/5/2024
"substantially different." Cable said that there are a lot of issues and the Board members may not be on the same issues and it is not easy to make these decisions. Cable stated that he had
reservations on the previous request and has even more on this case and he does
not feel comfortable with the request. Pell related that if the request was denied, E. Davis would have to wait one year to resubmit. Pell said that E. Davis could ask the Board to table the request to allow
him time to redesign the request if he wanted to use the time to address the
concerns. Morgan stated that E. Davis could withdraw his request at any time but once a decision has been made by the Planning Board, it can be appealed to the Board of
Commissioners or it has to wait for one year.
Austin stated that he had concerns over the fact that half of the property has been cleared and he does not know what can be done about the erosion and run-off at this time.
Eric Davis withdrew the application at this time.
Morgan stated the E. Davis had withdrawn his application but he can turn in a different application and this whole process starts again including the Neighborhood
Information Meeting and the Planning Board meeting.
REZONING REQUEST #2023-00003175
The Randolph County Planning Board will hold a duly published and notified
Legislative Hearing on the request by NASH DUGGINS, Asheboro, NC, and their request to rezone 41.60 acres out of 56.87 acres at the end of Farmwood Ln, Cedar Grove Township, Tax ID #7639173975, 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 seventeen-lot site-built subdivision as per the site plan.
Caddle presented the last case of the night to the Planning Board.
Pell opened the public hearing.
Nash Duggins, 1503 Badin Ln, Asheboro, NC, addressed the Board and said that this proposal would finish the construction of the Farmwood subdivision. Duggins stated that these homes may not be as nice as the homes in Phase Four but they would have the same minimum square footage requirements. Duggins did inform the
Planning Board that the proposed deed restrictions in the agenda packet were
Page 20 of 21 3/5/2024
incorrect and he would get new covenants to the Planning Staff as soon as possible. K. Davis asked about the housing and Duggins said that they would be the same as the previous sections of the Farmwood subdivision.
Austin asked about the water and septic situation at the site and Duggins stated that he had hired a private soil scientist to evaluate the property and each lot would have its own septic system and well.
Beeson stated that it appeared the Duggins did not have opposition as opposed to
phase four. Duggins stated that this would be the end of the Farmwood subdivision and that he does not intend to cross Taylor's Creek to do any further development. Pell asked if there was anyone else In favor of the request to address the Planning
Board.
Ann Shaw, 1555 McDaniel Dr, Asheboro, NC, addressed the Planning Board and said that at the end of the Neighborhood Information Meeting, everyone was happy with the request. Shaw also pointed out errors in the proposed covenants.
Pell asked if there was anyone else In favor of the request to address the Planning Board. Hearing none, Pell asked if there was anyone in opposition to the request. Hearing none, Pell closed the public hearing.
Morgan stated that he appreciated the way the community acted during the Neighborhood Information Meeting as those can sometimes get very personal. Hedrick stated that the thought it was a good plan especially since it shows internal roads.
Vaughan stated that she feels like this will be a nice development. Cable stated that the homes in the subdivision will offset the manufactured housing that was approved earlier in the meeting.
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.
Caddle stated that the request has been approved but there is a fifteen-day appeal
period that must pass before the Conditional District Permit will be issued.
7. Update from the Planning Director.
The Randolph County Planning Board will hold a duly published legislative
hearing on required updates to the Randolph County Unified Development
Page 21 of 21 3/5/2024
Ordinance as required by changes made by the North Carolina General
Assembly. These changes are necessary to remain compliant with
applicable general statutes.
Caddle briefly discussed the legislative updates to the Randolph County Unified
Development Ordinance as given to the Board at its February meeting. There was no discussion among the Board since the updates are required due to changes in the North Carolina General Statutes.
On the motion of Hedrick, seconded by Austin, with a vote of 7-0, the Board voted to
recommend approval to the Board of Commissioners that the proposed text
amendments be adopted.
● Proposed changes to the Randolph County Unified Development Ordinance as it pertains to the HC - Highway Commercial zoning district.
Caddle presented the proposed changes to the HC - Highway Commercial zoning district. Caddle said it was staff intended to break the uses into areas that match the Growth Management Plan and present it to the Planning Board to allow them to
make any changes they felt were necessary.
Beeson stated that he would like to see two options for billboards and those are different requirements based upon a standard billboard versus an electronic billboard.
K. Davis stated that the Planning Board could get into more detail at the next meeting and decide how to proceed moving forward.
8. Adjournment.
At 9:33 pm on motion of Cable, seconded by Davis, the Board voted 7-0 to adjourn. There were sixty citizens present for the public hearing.
Chairman
Clerk to the Planning Board Approved by the Randolph County Planning Board April 2, 2024
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Vaughan asked if there is some type of EPA approval r lacility
Cable said he was unsure. He said there is a long list of requirements including proper
lighting, privacy fencing, and a big insurance bond and the inspections are standard
across the state.
Cable said he would love to see Gordon expand his business and haul lor the Highway
Patrol but he does not feel this residential area is the best location,
Davis asked Cable if he would like to make a motion based on his previous statements
and asked to check the Special Use reminders tor denying or approving the request.
Beeson said he has an issue with a commercial operation in a residential area causing
possible environmental issues.
Cable said he also has concerns that the request is not compatible with the area, that it
could endanger the public health or salety of residents, and it could have an adverse
etfect on the value ol adjoining property.
Cable made the motion to SENY this Special Use Permit request on the specified
parcel(s) on the Special Use Permit application, based upon the sworn witness testimony
that is included in the minutes, as well as the site plan(s) with any and all agreed-upon
revisions, and that the use may materially endanger the public health or safety, or the use
does not meet all required conditions and specifications, or the use may substantially
injure the value ol adjoining property, that the use is not a public necessity and the location
and character of use if developed according to the plan(s) as submitted, or will not be in
harmony with the area and in general conformity with the Randolph County Unitied
Development Ordinance. Beeson seconded the motion to gENY the Special Use Permit.
Pell, having a proper motion and second, called the question on the motion to dgly the
Special Use request. By a show ot hands, the motion was adopted unanimously.
Johnson presented the second case along with site plans, and pictures of the site and
surrounding properties.
REZONTNG REQUEST #2023-000000€
The Randolph County Planning Board will hold a duly published and notified
Legislative Hearing on the request by DAVIS INVESTMENT
PROPERTIES, LLC, Randleman, NC, and their request to rezone 10.01
acres on Weeden St, Columbia Township, Tax lD #8734196253, Primary
GroMh Area, from RA - Residentia/ Agticullural District to CVOR-CD -
Conventional Subdivision Overlay Restricted - Conditional DistricL The
proposed Conditional Zoning District would specifically allow a six-lot
subdivision for Class A mobile homes as per the site plan.
Planning Boatd Minutes March 7, 2023 Page 5 of 11
Pell opened the public hearing and called for anyone wishing to speak in favor of the
request to come foMard.
Eric Davis, Randleman, Nc, explained to the Board his plan to have six new home sites,
allowing double-wide homes with brick skining which will be valued from two hundred to
two hundred, twenty thousand dollars. He said the property is located near the new
megasite where homes are needed. He also said the sites would be lully cleared and
each lot will have a conventional septic system and wells installed.
Bunting asked if he understood correctly that each individual lot would have a septic and
well. Davis answered yes. He said he has akeady had the soil evaluated and each lot
should have a gravityjed septic system.
Johnson asked where the driveways would be located. Davis said he spoke with Jenniter
Britt from NCDOT earlier in the afternoon and she approved the revised map, with shared
driveway locations as provided on a map given to the Board members belore the meeting.
(Exhibits 1A & 181.
Kemp oavis said with the new map proposal, it limits the number of driveway access to
the road and asked i, there would be a turn-around area for each lot. Davis answered
yes.
Cable asked if there would be sixiots with three driveways. Davis answered yes
Beeson said he saw in the original information, that NCDOT recommended lhere be two
hundred feet between each drive. Davis said NCOOT did recommend lhe two hundred
leet betlveen the driveway accesses but his surveyor, Daniel Tanner, has been trying to
obtain the actual rules that require that recommendation since December with no result
He said he drove to NCDOT earlier in the afternoon and asked Ms. Britt for an explanation
and she said "that's the way they want it", so they had the survey redrawn to comply He
said he developed another subdivision up the street and they are all one-hundred-foot
lots with individual driveways.
Planning Boatd Minules March 7, 2023 Page 6 ol 14
Johnson asked if the homes are new, the approximate size, and the cost of the homes,
Davis said they would average fourteen to fifteen hundred square feet, which creates
atfordable housing, with an average cost of Nvo hundred thousand dollars.
Pell asked if there was anyone else that would like to speak in favor ot the request.
Hearing none, Pell asked it anyone would like to speak in opposition to the request
Doug Nixon, Staley, NC, came forward to address the Board. He asked if the lots would
be si-milar to a mobile home park situation or if they would be owned individually He said
he has concerns for safety because ol the volume and speed of tratfic nearby.
Maggie Dunn, Staley, NC said she has lived in Staley since 1989 and has a vested
interest in the development oI Staley. She said she has only recently gotten involved with
the development that is taking place in Staley. She said she knows that Mr. Oavis went
unattested with the development which took place nearby located just otf of Weeden St.
She said many of the landowners in Staley were unaware of how the property was being
developed so they are present to make a voice regarding this request.
Dunn said she has several questions regarding the development. She said she would
like to know if trr. Davis is planning to clear all ot the trees on the property or leave a
butfer tor the surrounding residents, how this development is going to atfect property
values, and how it will attect the Rocky River watershed. She said the 200 tt. minimum
requirement between driveways will be impossible with six proposed lots.
Dunn said the analysis information presented by the Planning Department is very dated
and does not represent what the community wants in Staley. She said she called the
Randolph County sheriff's depanment and asked lor the number ol calls relating to
several of the mobile home developments and there have been forty-three calls in the last
tivelve months for drug overdoses, domestic violence, as well as shootings and this as not
what the Staley community wants and it is not a good development.
Pell said Dunn mentioned that the property is located in the Rocky River watershed and
the information given to the Board says the property does not contain any streams, that
the property is not located within a flood zone, and the site does not lie within any
watershed. Dunn sard the information is wrong.
Hedrick told Ms. Dunn if she has evidence to present, she is more than welcome to do
so.
Johnson said the watershed requirements for residential development are that each lot
has a minimum of 40,000 square leet per residence. He said that if the entire property
was located within a watershed, it meets the requirements tor development,
Dunn asked Johnson iI he was stating that the watershed did not matter. Johnson said
he did not say that. He said it meets all the requirements even if it were located in a
watershed.
Travis Pugh, Liberty, NC, said he is a lourth-generation larmer of a 165-acre farm just
south of this property. He said he is not against development but is ror maintaining the
integrity oI the neighborhood. He said he is concerned with trattic and safety. He said he
is also concerned about the eflects development will have on him because he applies a
lot ot animal waste which is permitted and regularly inspected. He said he realizes that
Randolph county is beginning to transition but he feels there is a need lor maintaining "a
little countryside" for agriculture.
Planning Board Minules March 7, 2023
Pell said he will have NIr. Davis address all of the concerns after everyone has spoken.
Page 7 ol 74
Paul A. (unable to determine last name lrom sign-in sheet or recording of the meeting),
Staley, NC, said he is a realtor and would like everyone to know that the manufactured
homes are built to the Department of Transportation specifications and not to the US
Depanment of Housing and Urban Development (HUD). He said the last thing we need
is something that will degrade our County and there have been people here that have
spoken about where they stand on this matter.
Elizabeth Pate, 382 Browns Crossroad Rd, Staley, NC asked about whether or not there
would be individual well and septics allowed for the development because she owns 5
acres and was only allowed one septic on her property.
Morgan said a lot ol the times, developers will hire soil scientists to evaluate the soil
berore a request to find out the potentialfor development, and it approved, the developer
will then have to have the County approve the sites for individual systems for permitting
a home.
Kemp Davis asked what the average costs of the homes he has provided in the area.
Eric Davis said the last home he closed on cost $199,500.00. Kemp Davis asked what
the market is supporting for blue-collar lamilies. Eric Davis said most oI the pre-
qualitication letters he has received are for approximately $225,000.00. He said maybe
one day they will afford a 2,000 sq. ft. home on 20 acres that cost $400,000.00 but they
have to start somewhere.
Cable asked about the power line on the property mentioned earlier. Eric Davis said
Planning Boatd Minutes March 7, 2023 Page I ol 74
Hedrick said the applacant did provide a soil map showing potential approvals tor
individual septic locations.
Carol Lobisser, 1395 Langley Rd, Staley, NC, said although this request is lor ten acres,
there is a power line easement that does not allow ten usable acres which seems to make
the houses more condensed. She said she understands there will be a need for housing
due to Toyota and valuable housing tor young families but leels this may not be the best
use for this piece of property. She said Toyota is advertising the investment of billions ol
dollars and asked it they really want this type of development.
Pell asked Davis if he would like to address some of the concerns and answer questions.
Eric Davis said he understands the concerns. He said he has hired a soil scientist and
the property has good soil, allowing each lotto have its own septic system. He said Toyota
hires blue-collar workers and this type of housing fits the budget of those workers. He
said these are not people that are participating in illegal activities, they are people that
need atfordable housing tor which they can obtain a loan. He said he is a farmer as well
and has a love for land but also has a love for people and people need homes.
Eric Davis said these are nice, atfordable homes with brick foundations, and not everyone
can atford half-million-dollar homes.
Johnson asked it these lots are potential rentals. Erlc Davis said they will be individually
owned, not rentals.
Cable asked if there would be a buffer maintained lor the adjoining properties. Eric Oavis
said he originally planned to clear-cut the property but after hearing the concerns, he will
only cut the trees needed for the placement ol the homes, septic system, and well which
will probably leave trees on the back.
Hedrick asked Eric Davis if he is aware that he has to leave a thirty-five no-cut butfer
along the state-mainlained roads il he plans to clear-cut property. He also asked Davis il
he has had any conversations with the adjoining church property. Eric Davis said he had
a community meeting for the development and no one showed up except him.
Vaughan said she understands how disturbing it is to see change because she is seeing
a change in the Farmer area and unfortunately if you do not want to see a property
change, you must buy it. She also said she is happy to see the number of driveways
reduced with the 200 ft, requirement trom NCDOT. She appreciates the concerns ot the
citizens and also feels their pain.
Cable said he knows everyone is passionate and the Board is passionate as well. He
said there is a large crowd tonight and it does not mean you're right or wrong, it just means
you have a large crowd. He said the Board has listened to each of you and your concerns
and he knows that change is not easy. He thanked the citizens for coming and sharing
their concerns because this process is what makes our County great.
Hedrick said the County is aware of the need for the GroMh Management P/an to be
updated in this area ol the County and a group is currently working on those changes. He
said there will be a public meeting regarding those changes which should be announced
soon,
Hedrick asked if the chassis would be removed lrom the homes. Eric Oavis answered
yes.
Hedrick said the applicant has based his proposal on the current requirements of the
Unitied Development Otdinance and it is the Board's job to decide on meeting the
requirements as it is currently written and it is his understanding that the same property
would allow a three.lot division without coming before the Board for approval. Johnson
said three lots would be considered a minor subdivision allowing single-wide, double-
wide, or modular homes, and would not require approval from the Board. Hodrick said
this request holds the housing type to a little higher standard.
Beeson said he understands the concerns, he grew up on a farm and still lives on a farm,
but things are changing with new developments. He said no one wants to hear the term
Planning Board Minutes Page 9 of 14
there is a power line easemenl between lots five and six and lot six is wider to
accommodate lor the easement.
March 7.2023
"trailer park" and this is a far cry lrom that and the homes will not be rentals, they will be
individually owned.
Johnson said there was a time when single-wide homes and mobile home parks were
being developed all over the County and because of the G roMh Management Plan and
zoning there have been no new mobile home parks in a long time. He said this request is
lor ovfier-occupied, double-wide homes with brick foundations for $200,000.00. He
commended the citizens for being involved and expressing their opinions,
Hedrick said the property is located in a primary groMh area. He said he commends
Davis tor obtaining preliminary soil evaluations and recommendations from NCDOT ,or
consideration by the Board although they are not required for the Board to make a
decision. He said one thing that gives him pause is that there is no buffer consideration
for the church property located to the East ol the request.
Cable said he believes the request talls within th€ requirements laid out in lhe lJnified
Development Otdinance, and the currenlGrov,tth Management Plan.
Kemp Davis said he understands wanting to maintain the character ol the area but if the
Board goes by the regulations set forth by the Unified Development Ordinance and lhe
Growth Management Plan, il is hard to deny something that meets the criteria. Cable
agreed.
Cable said he would make a motion, including the revised map and letter from NCDOT
Geferring to Exhib,ts 14 & l8), as provided to the Board.
Cable made the motion to APPROVE the rezoning request to rezone the specified
parcel(s) on the rezoning application to the requested zoning district based upon the
Determination of Consistency and Findings of Reasonableness and Public lnterest
statements that are included in the Planning Board agenda, submitled during the rezoning
presentation and as may be amended, incorporated into the motion, to be included in the
minutes, as well as the site plan(s) with all agreed-upon revisions, also incorporated into
the motion and that the request is consistent with the Randolph County ctoMh
Management P/an, Beeson made a second to the motion to APPROVE the rezoning
request. Pell, having a proper motion and second, called the question on the motion to
aDDrove the rezoning request, and the motion was adopted unanimously.
Johnson explained the Ls-day waiting period tor a possible appeal and a permit wi
follow that waiting period.
Johnson presented the last case along with site plans, and pictures of the site and
surrounding properties.
REZONTNG REQUEST #2023-00000337
Planning Boatd Minutes March 7. 2023 Page 10 ol 14
Special Meeting April 17, 2023 - Zoning Appeals
The Randolph County Board oI CommissioneE met in special session at 6:00 p,m. in the 1909
Randolph County Historic Coufthouse Meetiug Room, 145 Wonh Streer, Asheboro, NC.
Chairman Darrell Frye, Vice-ChahDan David Allen, Commissiooer Hope Ha)'wood,
Commissioner Maxton McDowell, and Commissio[er Kenny Kidd were present. Also present
were County Manager Hal Johnson, AssistantCounty Manager Wiltiam Johnson, County Attorney
Ben Morgan, Clerk to the Board Dana Crisco, and Depury Clerk to the Board Jenny Park
County Manager Hal Johrson reviewed the following request:
MARGARET L. DUNN, has requested an appeal for the decision made by rhe
Randolph County Planning Board to approve a rezoning for 10,01 acres on Weeden
Street, Columbia Township, Tax ID #8734196253, Primary crowth Area, from RA -
Residential Agricultural District to CVOR-CD - ConveDdonal Subdivision Overlay
Restricted - Conditional District. The proposed Conditional Zoning District would
specifically allow a six-lot subdivision for Class A mobile homes as per the site plan.
Mr. Johnson shared that there is a bill ar rhe State level beiog considered that could take away
the local level decision making from local govemment regarding the appeals process such as this
one throughout North Carclina. He is proud of what Randolph County has done over the pasr
decades in land use planning and development, He hopes that this right is not taken away from
the local elected officials,
Chairman Frye said, to follow up on Mr. Johnson's point, rhe proposed change in zoning
authority is alaming. Local elected officials could have this decision making right taken away,
If this legislature is passed, the State would then make rhe decision on issues such as this. This
legislature has been infroduced into the House and the Senate.
Public Hearinq
Chairman Frye opened the Public Hearing ar 6:05 p.m. and closed it after anyon€ wanting to
speak had done so.
Eric Davis, PO Box 452, Randleman, the applicant of the initial zoning requesr, presented two
photographs of rhe tlpe of homes that will be placed on the propeny irt question (following these
minutes as Attachment A). Mr. Davis stated the homes will be new Clayton homes, beMeen 1,400
and 1,600 square feet in size, that come with a one-year warranty from the manufacturer. The
price for these homes is approximarely $230,000 per home. He stated that he was a real estate
broker and understands that there is a shortage of homes currently. In his recent experience when
placing this rype of home on rhe market, these homes are under contract within two to three days.Mr. Davis stated rhat therc is a church at the back, right comer of the propeny whose members
had some concems regarding privacy. He said that he would leave a buifer-on ihe lot that adjoinsthe.church.to_rcspect the privacy of the church. The lots will only be cleared for septic tani, thewell, and the home,
4117/23
Vice-Chaiman Alleo asked abour the driveways and if Mr. Davis had driveway permits, Mr.
Davis stated that he has met with NCDOT in person and they have pennission for the ddveways
to be placed side by side to help with the eaffic flow, so every two lots would have ddveways
adjacent to each other.
Commissioner Haywood asked if there would b€ room for someone to tum their car around.
Mr. Davis said they will be pufting in urn-arounds beside the home so the homeowner can back
into a turn-around and move forward into the road.
Commissioner Haywood stated that in the material presented, Mr. Davis would not be buming
the debds. [t will be removed and several options were mentioned but not specified, Mr. Davis
said that the debris would not be burned, but instead taken to a pulp wood facility that is nearby.
Keith Burgio, 3450 Weeden Streer, Staley, said he lives beside the lot thar Mr. Davis jusr
purchased and is in favor of the appeal. He moved to this cunent location to get away from people.
He does not like people and does not like neighbors. Mr. Burgio asked if Mr. Davis was building
homes or buying mobile homes to place on this propeny. He said that he has talked to his
marketing people and the value of his home will depreciate because of the mobile homes. He has
no Eespassi[g sigos on his propeny, but the surveying oew that Mr. Davis had do the survey were
fifty feet on his propeny. He stated that he has a dead tree that has fallen fmm Mr. Davis' propeny
that is destroying seyeral trees on his property and that nothiog has been done about it. Mr. Burgio
does not approve of this at all. He cunently has peace and quiet, tranquility, he gets away from
everyone. He and his wife purchased this property so no one would be arouDd them. If rhis zoning
appeal is denied, then he will have people right in his yard. He does not want ro have neighbors
and he doesn't want to be uound anyone. He has Bail caDeras on his propeny and he does not
want to see any contractoE nor workers coming onto his land, anyone at all, or they will be
prosecuted.
Carol Lobisser, 1395 Langley Road, Sraley, stated she is in favor of the appeal. She said rhar
she understood that the suwey did not include the power line easement and asked if there was an
updated survey that included it. Ms, Lobisser asked if people were going to be allowed to puchase
this property with a 100-foot power line easement on the parcels. She understands development,
but feels that six lots are too many for this parcel and she prefers stick built homes because she
wants to see the county grow nicely and look nice. She feels that this development will not look
as nice as the other propenies in rhe area due to them not being stick built homes.
Doug Nixon, 668 South Main Street, Sraley, said he knows that with the Tovota Site in
Randolph County and Wolf Speed in Chatham County there is grohth coming to borh sides ofstaley. staley is an old town with a rot of stick built houses, and there are many-lifetime residents
that live there. He is concemed wirh there being six houses shoved in this paicel of land. There
are several big trucking companies that rravel Oe road iD front of rhe propirty and from a safety
aspect he would like to see the number of homes lowered ro possibly rhree instead of six, M;,
Mr. Johnsol asked Mr. Davis if there were prcliminary soil evaluations done on each of the lots
in question. Mr. Davis stated they were done and the soll there would suffice for six homes with
three bedrooms each.
4/t7/23
Nixon stated that when someone usually presents mobile homes for sale, the first buyers are
normally great, they take care of their propeny and there is no crime. But the second, third, and
founh buyers of these mobile homes are not as conscientious. Staley Cove is a great example of
this, the Shedff's Department is constantly being called to come out. He did not have any logs of
how many times the Sheriff's Office has gone into Staley Cove for domestic violence calls and
drug use, He stated that with the companies that are coming into the town of Staley, they would
Iike to offer nice residential places for them to live and not turn it into a'lrailer park comei' of
the County.
Chairman Frye reminded the citizens that Mr. Davis can put three single-wide mobile homes
on this propeny without and zoning,
4/t7/23
Travis Pugh, 6372 Gold Field Road, Libeny, spoke in favor of the appeal and does not want
this property rezoned. He owns the propeny south of the parcel in question, as well as a parcel
that joins one corner of the propeny. Mr. Pugh stated that he was not against development, but
being a farmer, he is very biased about land use. He works with a dairy farmer, AIt Koopmao, one
of the biggest dairy farmers in the area that he is aware of. He and Mr. Koopman are trying to
purchase these tracks of land at development prices when they know about them. Mr. Pugh asked
what are we going to do when there is no more agricultural land to farm, what are we going to do
when we can't feed ouNelves anlnore. He said that he did not know the property was for sale or
he would have purchased the land to keep this parcel from being developed. He understands that
the Commissioners have said the area is in primary growth, but he wants them to remember what
rhis county and this country were founded on; agriculture. He stated tiat if the neighbors knew
this land was for sale there would not be an issue of rezoning now, as the neighbors would have
purchased the property. The neighboE of this property did not knov what Mr. Davis wanted to
do with the land, and they were never made aware of what was going on with the land. Mr. Pugh
asked that the number of homes be cut back from six,
Margaret Dunn, 352 West Franklinville Sueet, Staley, stated the she is the person who
submined the appeal to this development. She said that the power line easement was never
depicted on the map which severely limits the road frontage and the number of lots that rhe
neighbors think are reasonable for this location. Ms. Dunn stated she had a number of concems
with this rezoning request such as the watershed, power line easement, and the transponation and
safety issue, which was already addressed. This land is in a low ponion of Weeden Street puning
the driveways in a blind spot. Ms. Dunn stated that she has spoket with someone at DOT who
gave the safety analysis on the original rezoning request that went before the Planning aod Zoning
Board. She said this person told her she should rake nores of how many wrecks occur there and
then repon it to the board. She feels this is not how safery should work. Safety should be a
proactive process not reactive. She said dat the locarion of this propeny is very dangerous from
a road standpoint. She was not sure how many of the Commissioners have been out to this
propeny. Ms. Dunn stated that these manufacrured houses do not meet HUD requirements. The
propeny owners in Staley that have nice homes and propeny are not interested in manufactured
homes, because they are not going to boost their value.
Ms. Dunn srared that anorher issue with this rezoning is long-rerm developmenr for Randolph
County. She stared that Randolph County is an agricultural county. Randolph County was number
one in beef and com, number rwo in dairy, number six in pouluy and hay in the State. Randolph
County is number one in the country for tobacco and sweet potatoes and [umber two in hogs and
mrkey. Those citiz€ns that live in Randolph County have a long-rerm inrerest in what is happening
in the county, Ms. Dunn said that if those sining in front of her did not have any vested interest in
the citizens of Randolph County, then they did not need to be there, She said, righr now, rhe
country is in a crisis in terms of ag cultural food production and we should all be committed to
Nonh Carolina and cenainly Randolph County since we are such a large producer of agriculture.
Ms. Dunn submirted fifty-five affidavits from her small community with her original appeal
opposed to the rezoning of this propeny. She stated that she brought fifty-one more with her to
this meeting, and could have gotten more if she had the dme to do so.
She thanked the Board for allowing her to be a pan of this process and she hopes the Board has
listened to her voice along with the yoices of others that have spoken. She said they are concerned
about their community and the future of their commuoity. She also thanked the Board for the
meeting that will be held on Tuesday, April 18, 2023, at Eastem Randolph High School regarding
the Growth Management of Nonheast Randolph County.
Ms. Dunn said that she was not opposed to Mr. Davis offering housing for people, but certain
housing brings in all kinds of crime to our county. She would like to see stick built homes placed
on the propeny instead of manufactured homes. She would like to see a buffer on the propeny
Iine of the church as well as Mr. Burgio's propeny. tf the church is going to get a cenain buffer,
then it needs to be iD writing.
Ms. Dunn stated that no one knew what was happening ot the propeny until after rhe fact. She
stated that she filed the appeal shortly after March 7, 2023. After she asked seyeral of the
surrounding propeny ownerc, only Mr. Burgio was notified of the appeal in w ting of this appeal
meeting. There is a problem wirh transparency in this cornmuniry and they do not know wha( is
going on until after the fact. Ms. Dunn stated thar with the curent distrust of the Federal and local
govemment, when communities do not get notified of what is going on with items such as this, ir
gives the community more distrust in the local public officials.
Commissioner Ha).\dood asked who is responsible for notifying the citizens of things such as
this. Mr. Johnson stated that the Plarning Depanment was responsible. Ben Morgan, County
Attomey, stated that signs are placed on the property. Every adjacent propeny owner is notified
in writing. [t is advertised on de County's websire.
There was a concem by several in atrendance thar the sign thar is posted is too small and is hard
to see.
Bill Scotton, 1839 Browos Crossroads Road, Staley, spoke in opposition to the rezoning of thispropeny. He stated that the area to the south oI the prcpe(y was agricultural as well as thepropenies to the nonh aad east of the propeny in question. He expressed concerns with these
homes being put on approximately l0O feet of land and being so cloie together. He said that sixdouble-wide fiailers would rot fit the area at all. The memben of the chuich had no idea of whatwas being proposed and he stated the sign that was posted rdas too small for people to see and it
4/17 /23
was posted in the weeds. Mr. Scotton suggested there needs to be a larger sign posted for a better
visual.
Ms. Dunn stated thar she knows Mr. Johnson keeps ralking about all of the manufacturing
business in Staley, however, there arc none. There is an old pallet company in Staley that has
approximately six employees, an old fumiture place that is now a business that paints front
bumpers, and the Main Street Grill. Staley is rlot a booming metropolis,
Discussion
Chairman Frye questioned whether or not the landowners would share driveways. Mr. Davis
stated that the driveways would be adjacent to each other, not shared.
vice-Chailmall A]len asked where the house would be sited on the parcel with the power line
Mr. Davis stated it would be sited to the right of the power line easement,
Chairman Frye asked Mr. Davis if he had built any stick built developments. Mr. Davis said
he was a licensed general coltractor and had built stick built homes in the past.
Chairman Frye asked if Mr. Davis considered sdck built homes for the propeny in question.
Mr. Dayis said no, because, in his opinion, affordable housing is very needed forthis area hdicated
by how many days a home is on the market. He sbted that this subdivision is not a trailer park.
These are nice home with brick underpinning built to high standads. These homes are inspected
by HUD and they do have a HUD label. Mr. Dayis said that these homes are not your typical 1980
double-wide. He understands that some people do not want change and some do not want
development and he respecb that, but if he cannot build homes here, where can he build them, He
stated that if you look at the housing on adjacent sfteets, the homes are maaufactured homes.
Commissioner Kidd asked if a buffer was in the cunent plan for the church thar sits to right of
the property line. Mr. Davis stated it was not in the cunent plan, but the honorable thing to do
would be for him to give the church a bufler. He was not sure of how much of a buffer he could
allow due to the septic system placement.
Chairman Frye asked if each lot would have their own sepdc system
would have thet own seplic system.
Mr. Davis stated they
Commissioner Haywood asked how many of the parcels are stili for sale. Mr. Davis said thatin his other subdivision, he has two up for sale and both are under conoact and one is not listed
4/t7/23
Commissioner Hafdood said that currerrdy when you go by the church you cannot see the
propeny when she weot to look at it, When looking behind the church you currently see trees
there. Mr. Davis stated the righr thing to do would be to leave a buffer oD the church propeny line.
vice-Chaiman Allen asked if placing the buffer beMeen the dashed lines on fte map, lot six,
of the parcel that is adjacent to the church woutd give Mr, Davis enough room for a well and septic
tank. Mr. Davis srared that it would be. Mr. Davis stated that he could pump the septic line under
the power line if needed.
yet. He is working on a third contract and the sign will go up by the end of tiis week.
Commissioner Ha),r,vood stated she had seen the sign.
Mr. Davis said that the value of these manufactured home has increased over the past several
yea$. Two and three years ago these homes were selling for around $160,000 each, now those
same homes, evea used, will bring over $200,000.
Vice-Chairman Allen asked what the dimensions of these homes were
rypically 28 x 56 feet, wirh some being a li[le larger.
Mr. Davis said thev are
Commissioner McDowell asked whar size buffer would be left for the propeny that borders the
church. Mr. Davis said he could do a minimum of 25 feet or more, that he would leave as much
of a buffer as he could.
Commissioner McDowell asked how many of the lots have been sold or are under contract.
Mr, Dayis stated that he has not listed anlthing in this subdivision.
Commissioner Ha,,\^/ood asked if Mr. Davis had sraned clearing the lots. Mr. Dayis said they
have staned clearing, but stopped due to the rain.
Chairman Frye asked if Mr. Davis would consider a twenry-five foor buffer on de property line
that they church is on. Mr. Dayis said he would. Chairman Frye asked if he would consider a
buffer on the property line of Mr. Burgio. Mr. Davis said that he does not think that would be
feasible due to the Iot only being 100 feet wide. The lot would not be buildable if there were a 25-
foot buffer on that propeny line.
Vice-Chairman Allen said thar this was in his area of rhe county and he empadizes with the
citizeDs in this area. After driving out ro the propeny in question, he did notice thar there are some
site view issues along the road frontage where the driveways would be placed, however those
issues do nor seem to be catastrophic, but that is a DOT issue, Vice.Chairman Allen stated that he
could see the sign that was posred. He realizes that ir is not an ideal siruarion, but he is not sure
something could be prevented from being developed there. He empathizes with the agricultural
community, but also understands housing needs to be provided too. He stated that he knows the
citizens of Staley do not want change, nor does he, However, he understands that change is
coming, commercialization and iodustrialization are coming whether ir is liked or not and we all
have to make the best of it. Mr. Davis could have planned to place single wide mobile homes on
this propeny, bur with the rype of manufacrured homes he has proposed, and rhe parcels being on
a main road, he doesn't think rhar area will become a high crime area. Vice-Chairmar Allen stited
he would like to see somerhing differenr on this land, but we have to honor the righrs of those that
own propeny as well.
vice-Chairman Allen said that the County is trying ro let propeny owneN know more aboutwhat is going on, and they will be doing rhar tomorrow nighiat lasiem Rardolph High Schoolwith the Nonheasr Randolph Counry crowh Management ilan meeting. There is alw-ays going
to be growth, where the growh will be is the question. He encouraged"weryone to come to themeeting tomo(ow night,
4t17/23
Vice-Chairman Allen stated that the Board is headng this request new. What happened during
the Plaoning Board Meeting does not have any impact on the Board's decision tonight.
Commissioner Haywood stated that her sense of the citizen complaints is because people don'r
care for change. The prcblem for them with the housing is not what it looks like now, it's what it
will look like 20-30 years from now after the propefty has gone through several owners. She stared
that these homes look good and they provide housing for citizens.
Chaiman Frye stated the applicaton has been amended and the land owner has signed it as
amended, showing a S0-foot buffer.
On motion of Allen, seconded by Hoyvtood, the Boord voted 5-0 to opprove this rezoning
rcquest to rezone the specifred porcel(s) on the rezoning opplicotion and the Map Amendment
Ordinonce, to the requested zoning district bosed upon the Determination of Consistency ond
Findings of Reosonableness and Public lnterest stotements that are included in the Planning
Board agenda, submifred during the rezoning presentqtion ond os msy be amended, incorporoted
into the motion, to be included in the minutes, os well os the site p lon(s) with the oddition of a 50.
foot buffer on the porcel with the powet line behind the church, also incorporoted inao the motion
ond thot the request is olso consistent with the Randolph County Growth Manogemen( Plon.
Adiournment
At 7:14 p.m., on motion ol Allen, seconded by Kidd, the Boord voted 5-0 to odjourn.
Danell Frye, Chairman David Allen
Kenny Kidd Maxton McDowell
Hope Ha,,\^r'ood Dana Crisco, Clerk to the Board
4n7/23
Vice-Chairman Allen stated that he was not sure if a 2S-foot butfer would be enough along the
church propeny line. He asked if 50 feet would be enough for the buffer. Commissioner
McDowell agreed that a So-foot buffer would be appropriate. Mr. Morgan asked Mr. Davis if he
would accept the S0-foot buffer. Mr. Davis stated he would conseor ro a so-foot buffer on the
eastem propeny line as shown on the site plan and would amend the application to state this.
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