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05MapPB Planning Board May 16, 2024 Page 1 of 3 RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 RANDOLPH COUNTY PLANNING BOARD AGENDA MAY 16, 2024 1. Call to Order of the Randolph County Planning Board. 2. Roll call of the Board members. (Completed by staff.) 3. Consent Agenda: ● Approval of agenda for the May 16, 2024, Planning Board meeting. ● Approval of the minutes from the April 2, 2024, Planning Board meeting. 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.) 5. Old Business. HC - HIGHWAY COMMERCIAL DISTRICT REVISIONS Proposed changes to the Randolph County Unified Development Ordinance as it pertains to the HC - Highway Commercial zoning district. 6. New Business. SPECIAL USE PERMIT REQUEST #2023-00000665 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by TILLMAN INFRASTRUCTURE, New York, NY, and their request to obtain a Special Use Permit on Wall Rd, Liberty Township, Sandy Creek Balance Watershed, Tax ID #8725469448, 19.58 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to Page 1 of 146 Planning Board May 16, 2024 Page 2 of 3 specifically allow a two-hundred forty-foot telecommunications tower as per the site plan. Property Owner: Barbara Kivett Wall SPECIAL USE PERMIT REQUEST #2024-00000061 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by KIMBERLY BUSH, Seagrove, NC, and their request to obtain a Special Use Permit at 7207 Erect Rd, Brower Township, Tax ID #8606731562, 174.37 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a second residence to be placed on the property for a family member. SPECIAL USE PERMIT REQUEST #2024-00000855 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by RAEFORD DOUGLAS SPIVEY, Asheboro, NC, and their request to obtain a Special Use Permit at 6454 Clyde King Rd, Richland Township, Tax ID #7676908544, 15.10 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a third residence to be placed on the property as per the site plan. SPECIAL USE PERMIT REQUEST #2024-00000892 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by KRYSTAL POUNCEY, Thomasville, NC, and their request to obtain a Special Use Permit at 1842 Fuller Mill Rd N, Tabernacle Township, Lake Reese Balance Watershed, Tax ID #6794636233, 16.95 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a second residence for a family member. REZONING REQUEST #2024-00000767 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by COLLINS & LINEBERRY CONSTRUCTION, Liberty, NC, and their request to rezone 6.89-acres on Low Bridge Rd, Columbia Township, Sandy Creek Critical Area Watershed, Tax ID #8704315721, Rural Growth Area, from RA - Residential Agricultural District to RLOE-CD - Rural Lot Subdivision Overlay Exclusive - Conditional District. The proposed Conditional Zoning District would specifically allow the division of lot number three of the existing minor subdivision that would result in a fourth lot being created. Page 2 of 146 Planning Board May 16, 2024 Page 3 of 3 REZONING REQUEST #2024-00000895 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by HARDIN II, LLC, Liberty, NC, and their request to amend the Conditional District Permit on 16.70-acres at 2604 Old 421 Rd, Columbia Township, Rocky River Balance Watershed, Tax ID #8735602322, Rural Growth Area, from HC-CD - Highway Commercial - Conditional District to HC-CD - Highway Commercial - Conditional District. The proposed amendment to the existing Conditional Zoning District would specifically allow an additional sixty-foot by two-hundred-foot building for mini-warehouse storage as per the site plan. 7. Update from the Planning Director. 8. Adjournment. Page 3 of 146 DR A F T Page 1 of 11 4/2/2024 April 2, 2024 1. Call to Order of the Randolph County Planning Board. There was a meeting of the Randolph County Planning Board on April 2, 2024, at 6:30 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. (Completed by staff) The County Planning staff completed the roll call of the members of the Board as they arrived to the meeting. Reid Pell, Kemp Davis, Reggie Beeson, John Cable, Melinda Vaughan, Brandon Hedrick were present. Ken Austin was absent. County Planning Director Tonya Caddle and County Attorney Ben Morgan were also present, along with County Planning staff members Melissa Burkhart, David Harris, Cory Hartsoe, Kim Heinzer, Tim Mangum, and Eric Martin. 3. Consent Agenda: ● Approval of agenda for the April 2, 2024, Planning Board meeting. ● Approval of the minutes from the March 5, 2024, Planning Board meeting. Hedrick asked if the Planning Board needed to adopt a resolution asking the North Carolina Department of Transportation (NCDOT) to investigate the speed limit issue as we discussed in the March Planning Board meeting. Caddle stated that there was nothing in the motion from the meeting about contacting NCDOT and asking them to check the speed limit. Caddle said that the Planning staff will reach out to NCDOT and let them know of the citizens concerns. On motion of Hedrick, seconded by Cable, the Board voted 6-0 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 were identified by the Planning Board members. 5. Old Business. There was no old business for the Planning Board meeting. Page 4 of 146 DR A F T Page 2 of 11 4/2/2024 6. New Business. SPECIAL USE PERMIT REQUEST #2024-00000575 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by STEPHEN THOMAS and MONICA GIBSON, Troy, NC, and their request to obtain a Special Use Permit at 6220 Mt Lebanon Rd, Union Township, Tax ID #7625802059, 13.11 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a second residence on the property for a family member as per the site plan. Caddle presented the first case of the night to the Planning Board. Pell opened the public hearing and staff called up Stephen Gibson and Monica Gibson, 6220 Mt Lebanon Rd, Troy, to address the Board. Morgan administered the oath to S. Gibson and M. Gibson. Pell asked the Gibsons to give the Planning Board details of their request and plans for the property. S. Gibson pointed to the orthophoto site plan and stated that the site plan as shown was accurate and that the family member was considering either building a site-built house or placing a modular home on the property. Pell asked if there were any questions from the Planning Board. Beeson asked if the new home would need a new drive or use a shared drive and M. Gibson stated that the family member would probably put in a new drive for their home. Davis asked if the parcel would remain as one tract of land and Caddle said that the property would have to stay the same size and that the property owner has to live on the property for the Special Use Permit to be valid. Pell asked if there were any other questions from the Planning Board. Hearing none, Pell closed the public hearing. Davis said he did not see a reason to not grant this request. On the motion of Davis, seconded by Beeson, with a vote of 6-0, the Board voted to approve the request with the motions contained in the Planning Board packet. Caddle stated that the Special Use Permit request had been approved and the Planning staff would mail the Special Use Permit to the Gibsons. Page 5 of 146 DR A F T Page 3 of 11 4/2/2024 REZONING REQUEST #2023-00003430 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by CLAYTON KINDLEY, Trinity, NC, and their request to rezone 5.00-acres at 1508 Ross Wood Rd, Tabernacle Township, Tax ID #6792114129 and 6792017318, 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 the recombination of property to make a five acre lots which would result in a fourth lot as per the site plan. Property Owner: Brenda A Kindley Life Estate Caddle presented the second case of the night to the Planning Board. Pell opened the public hearing and staff called up Clayton Kindley, 1660 Ross Wood Rd, Trinity, to address the Board and to describe his plans. Kindley told the Planning Board that he wants to build a house and wants to be off Ross Wood Rd. Pell asked if there were any questions from the Planning Board members. Beeson asked about the location of the proposed house and Kindley said the house would be at the rear of the property, away from the creek. Davis asked if Kindley was going to use the established drive and Kindley responded that he is planning on using the existing drive and will extend it to his house. Pell asked if there were any other questions from the Planning Board. Hearing none, Pell closed the public hearing. Vaughan said that this is a nice neighborhood and thought it would add to the community by having a new site-built house. On the motion of Vaughan, seconded by Cable, with a vote of 6-0, the Board voted to approve the request with the motions contained in the Planning Board packet. Caddle stated that the Planning Board had approved the rezoning request but there is a fifteen-day waiting period for a possible appeal of the approval. Once the fifteen- day appeal period has ended and no appeals have been filed, Planning staff would mail the Conditional District Permit to Kindley. REZONING REQUEST #2024-00000474 The Randolph County Planning Board will hold a duly published and notified Page 6 of 146 DR A F T Page 4 of 11 4/2/2024 legislative hearing on the request by J-MAC PROPERTIES, LLC, Asheboro, NC, and their request to rezone 84.20-acres on Crestview Church Rd, Cedar Grove Township, Tax ID #7659858407, 7659842547 and 7659738846, Primary Growth Area, from RM - Residential Mixed District and RR – Residential Restricted District to RM-CD - Residential Mixed - Conditional District. The proposed Conditional Zoning District would specifically allow a campground as per the site plan. Caddle presented the last case of the night to the Planning Board. Pell opened the public hearing and staff called up Zach Gardner, P O Box 3048, Asheboro, to address the Board. Gardner stated that he is the engineer for the project, and he has worked with the developers on this plan. Gardner stated that the site plan shows 261 camping sites for recreational vehicles (RV) and 15 cabin sites. Gardner stated that the cabins would be approximately 900 square feet in size. Gardner stated that the park would have a clubhouse with no food service and there would also be a swimming pool for the use of the tenants. Gardner stated that after working with NCDOT on the roads in the area, the developers have decided to have one main entrance for tenants on Crestview Church Rd and another entrance on the south of the property for maintenance vehicles only and that they would be required to install turn lanes on Crestview Church Rd to safely access the property. Davis asked about the methods of ingress and egress and Gardner explained the plans of having one entrance for tenants and one entrance for maintenance purposes. Cable asked if the roads in the project would be asphalt or concrete and Gardner stated that the roads would be mostly gravel with some asphalt roads around the clubhouse. Gardner stated that the camp sites will have gravel pads but there could also be concrete pads for the placement of RVs so they can be level on the site. Beeson asked about the buffer as shown on the site plan being a Level III buffer using existing trees and vegetation. Gardner said that County Planning Staff would check the site to make sure that the buffers are correct and if more plantings are needed, the developer will do additional planting but they feel that the current trees and vegetation will be sufficient. Cable asked if the park would be built out at once or in stages and Gardner stated that it would be developed in stages and they are hoping to start the project in six months. Cable asked about the number of sites that will be developed in the first phase and Gardner said that approximately twenty-five percent of the project will be developed Page 7 of 146 DR A F T Page 5 of 11 4/2/2024 in the first stage. Gardner stated that due to various construction sites in the area, many of the tenants would be construction workers who could bring their RV to the site, set it up, and have a place more comfortable than having to live in a hotel or motel. Pell asked about the water and sewer service and Gardner stated that they will be tying into Seagrove-Ulah Metropolitan Water District water lines and using the City of Asheboro for sewer services. Beeson asked if there would be any time limits as to how long tenants could stay on the site and Gardner stated that the Randolph County Unified Development Ordinance (UDO) states that campsites have to be rented by the day and that there is no limit to the number of days but the developer does not anticipate anyone living in the park permanently. Beeson said that he is concerned that some of this site could be used as permanent residences. Cable reminded the Planning Board that many of the workers on the Toyota megasite have been working on the site for at least two years. Hedrick asked about the cabins and if they would be constructed according to the North Carolina State Building Code and Gardner said that the cabins would be mobile units that can be moved around the site but the units will not be moved. Gardner said that the buildings will be on a frame and chasis but they still meets the requirements of a RV. Caddle stated that the mobile units will not have to meet the residential building code. Davis asked if there were any plans for an entertainment venue on the site and Gardner said that there were no plans for an entertainment venue and that the facility would have "quiet time" beginning at 8:00 pm and that the "quiet time" would not allow any loud music or anything that could disturb the tenants or adjoining residents. Davis stated that there is another campground near this site and asked if the proposed camp would be similar and Gardner said it would use a similar concept with a swimming pool and a community building. Pell asked if there were any other questions from the Planning Board. Jeremy McNeill, 1213 S Cox St, Asheboro, addressed the Planning Board and stated that he is the current property owner and the site will be similar to Jellystone Campground. Page 8 of 146 DR A F T Page 6 of 11 4/2/2024 Hedrick asked if the cabins are approved by the United States Department of Housing and Urban Development (HUD), and Taylor Callicutt, 206 Telephone Ave, Asheboro, said that the cabins are building HUD standards and are HUD-approved. Cable asked about the build-out plan for the project and Callicutt showed the phases as they are currently planned and he stated that the first phase will start with approximately twenty-five percent of the site being completed and that they planned to stop the first phase when they got to the stream that ran through the property. Cable asked if the main drive would be on Oakhurst Rd and Callicutt said that the main drive would be on Crestview Church Rd and he showed the entrance on the site plan that was being displayed. Callicutt stated that the project was designed so there would be no dead-end roads and everything would loop through the site to make it easy for tenants and emergency responders to navigate the site. There was discussion that the pond on the site could also be used as a water point in case of an emergency. Callicutt stated that the office and check-in area will be the first area completed along with the maintenance entrance. Beeson asked if concrete pads would be poured for the RV sites and McNeill stated that most of the sites will have concrete pads for the RV and Callicutt said that the pads would be large enough for a RV or camper as it would allow the tenants to be able to sit outside and enjoy nature. Calicutt said that the pads would probably be around twelve feet wide and forty-five feet long but that this is his best guess at this time. Vaughan asked if the site would contain fencing or gates so the site would have controlled access and Callicutt stated that all entrances will be gated and they are not planning to fence the entire property unless it's required by the Planning Board since the trees and brush currently on the site is very thick and will do a lot to control noise and light pollution. Davis expressed concerns about the liability faced by the developers with tenants possibly wandering on to the adjoining commercial property. Callicutt stated that a fence would slow the tenants down but due to the amount of foliage currently present, the tenants would probably not be able to get through the vegetation. Pell asked if the adjoining commercial properties were fenced and Callicutt stated that a majority of the adjoining commercial properties are fenced and they do onto see a reason to put up fencing on their site when the adjacent property is also fenced. Cable asked if the developers plan to keep as much of the existing vegetation as possible and Callicutt stated that they intend to retain as much vegetation as Page 9 of 146 DR A F T Page 7 of 11 4/2/2024 possible. McNeill stated that they chose this site for the proposed development due to its proximity to the new Asheboro Sports Complex and that they had also looked at building a new hotel on US Hwy 64 in Asheboro but decided to pursue the campground option as there is a very high demand for this type of operation in the County. Hedrick asked the developers if they had considered other housing options for the site since it has access to public water and sewer. McNeill stated that the topography of the site has multiple extremes and due to this issue, they feel that the highest and best use for the property is as an RV park. Callicutt described the property as "gently rolling" and the topography would not lend itself to be cleared for home sites and that the topography would allow the campsites to be larger. Cable asked if there would be hydrants placed within the proposed park and Callicutt stated that in conversations with the water provider, there are concerns there might not be enough capacity at times in case of an emergency. Callicutt stated that they had discussed this issue with the Ulah Volunteer Fire Department and they are not concerned about water supply issues and this site is close to the proposed site for a new fire department for the City of Asheboro. Caddle stated that the Fire Marshal did ask about hydrants on the site but he understood that water pressure at the site could be a problem. Pell asked if there were any other questions from the Board members. Beeson asked the developers if they anticipate building all 261 sites and they replied that the site plan shows the best-case scenario and it will take them years to completely build out the site if it ever gets completely built out and they need a certain density on the site for it to be financially feasible. Pell asked if there were any other questions. Hearing none, Pell closed the public hearing. Beeson said he thought that the plan was well developed with a lot of details and that the topography limits the amount and type of development on the site. Davis said that the proximity to the North Carolina Zoological Park along with the number of people who like to stay at parks like this, there is a need and this is a well- planned proposal. Cable stated that the developers are taking a rough piece of property and finding a niche and taking a chance on developing the property. Cable said that he felt that the Board would see an increase in this type of use and this could be a good project for this area. Page 10 of 146 DR A F T Page 8 of 11 4/2/2024 On the motion of Cable, seconded by Beeson, with a vote of 5-1, Hedrick voting no, the Board voted to approve the request with the motions contained in the Planning Board packet. Caddle stated that the Planning Board had approved the rezoning request but there is a fifteen-day waiting period for a possible appeal of the approval. Once the fifteen- day appeal period has ended and no appeals have been filed, Planning staff would mail the Conditional District Permit to J-MAC Properties, LLC. 7. Updates from the Planning Director. ● Proposed Rules of Procedure for the Randolph County Planning Board. Caddle presented the proposed Rules of Procedure for the Randolph County Planning Board. Hedrick asked if the Board needed different standards depending on the case being legislative or quasi-judicial. Cable said his issue with some of the meetings is when information gets repetitive and Pell stated that he asks if anyone has anything new to say and the citizens will come up to address the Board, and they will repeat what has already been said, and he wants to avoid getting into a lawsuit over limiting citizens. Caddle stated that the rules are about allowing the Board to be more deliberate in using their time and trying to find a good balance. Caddle stated that having citizens sign up before the meeting also allows the staff time to determine if the speaker has standing for quasi-judicial hearings and prevents people from addressing the Board who should not be speaking based on court cases. Hedrick asked about the cut-off for citizen comments in the Randolph County Unified Development Ordinance and Caddle stated that written comments must be received at least forty-eight hours before the meeting and those comments are sent to the Planning Board if they are received before to the forty-eight-hour window closes, the comments are sent to the board. Cable stated that the likes the rules and it follows the directions that the Board of Commissioners use and that Morgan manages the time for the Board of Commissioners. Cable said that the Board should use discretion to allow people to finish their statements before cutting the citizen off mid-sentence. Cable concluded by saying that the Planning Board tried to do everything to be fair and ethical but citizens can get passionate in the cases. Pell stated that he tries to give everyone a chance to speak but sometimes citizens get off the topic and he feels that he needs to stop the comments and refer the issues to Page 11 of 146 DR A F T Page 9 of 11 4/2/2024 Code Enforcement. Beeson asked if there were any provisions for organized groups such as sharing time and that there needs to be some flexibility in the rules. The members agreed that having citizens sign in to speak before the meeting did seem to make the meeting run smoother and make an efficient use of the time. Cable said again that he likes the proposal and it is about common courtesy for everyone-applicants, citizens, Board members, and staff. Pell said that sometimes it is easy for citizens and the Board to lose their train of thought and get off the subject before the Board. Caddle said that in some meetings, a lot of the time is not productive. Beeson stated that he felt the Board should go ahead and adopt the proposed rules. Pell asked if the Board should allow more time for the citizens to speak and Cable and Beeson both said they thought three minutes should be enough to say what needs to be said about a case. Morgan said that the sign-in sheet will be helpful in the future as it would allow the Board to know how much time it will take for various cases to be considered. Caddle told the Planning Board that if people call the Planning office, they are told that if they have a group of people coming to the meeting to select one or two people to speak and the Board will allow them to ask people to raise their hand in support or opposition to the request. On the motion of Cable, seconded by Beeson, the Board voted 6-0 to accept the Randolph County Planning Board Rules of Procedure and for the rules to be effective at the next Planning Board meeting. ● Proposed changes to the Randolph County Unified Development Ordinance as it pertains to the HC - Highway Commercial zoning district. The Planning Board turned to the proposed changes to the Randolph County Unified Development Ordinance as it pertains to the HC - Highway Commercial zoning district. Caddle gave a brief overview as was included in the agenda packet. Davis asked how the proposed amendments impact requests for straight rezonings and Caddle said that staff hoped to make the list of allowed uses smaller. Davis said that the proposed amendments will not make the process easier and he would rather see categories created that would have specific uses allowed in zone A, allowed uses in zone B, etc., and let the applicant choose from the various options. Caddle stated that Page 12 of 146 DR A F T Page 10 of 11 4/2/2024 the staff discussed multiple options and researched various options being used all over the State but that staff could take it back and do more work. Davis stated that he would like to make the process easier for applicants and easier for the Planning Board. Caddle said that staff desired to get away from the list of eighty-five uses that are currently allowed by right in the HC - Highway Commercial District and to use the Growth Management Areas from the Randolph County Growth Management Plan and its objectives and policies to direct uses more appropriate to the established growth areas. Beeson said that he was concerned that some operations would be allowed in the Secondary Growth Area or the Rural Growth Area but not being allowed in the Primary Growth Area. Cable said that he agreed with Davis and would like to see the uses categorized. Pell suggested giving the staff time to work on these changes and see what can be accomplished. Beeson stated that wanted to get these updates done and done correctly before the Board gets more straight reining requests. Hedrick talked about a couple of the uses being allowed by right in certain districts but requiring a Special Use Permit in other areas and Caddle replied that part of the decisions made by staff was due to information in the North Carolina State Building Code which was used as a reference to try to categorize uses. The Board discussed the uses between public uses and for-profit uses and it was their opinion that either is still a business whether there money is made from the operation or not. Pell stated that at the recent Board of Commissioners meeting, a Commissioner talked about buffers and the need to look at those requirements. Pell asked Vaughan and Beeson to work on some suggestions for the Planning Board to consider but he wanted them to consider the use of shrubs, canopy trees, and other ways to improve buffers and landscaping. Vaughan and Beeson both said that they would be willing to work on suggestions for the Planning Board. Hedrick stated that he felt that the proposed amendments do help as they try to incorporate input that was received during the Growth Management Plan updated process last year. Caddle stated that staff can take these comments and do more research to find methods to accomplish the goals of the Planning Board. ● Training on CivicClerk Board Portal Page 13 of 146 DR A F T Page 11 of 11 4/2/2024 The County Planning Staff presented a brief training session to the Planning Board on the new Board Portal that was purchased by the County as part of the agenda and minutes management software. After the Board Portal training, Hedrick asked if the Randolph County Planning Board Rules of Procedure should be amended to allow the Chair to grant more time to speakers at the Planning Board meetings at his discretion. After discussion, the Planning Board agreed to allow the Chair to grant more time to the speaker at his discretion. On the motion of Cable, seconded by Hedrick, the Board votes 6-0 to amend the Randolph County Planning Board Rules of Procedure to allow the Chair to grant more time to speakers at the Planning Board meeting at his discretion. After the training, Caddle mentioned that the Planning Board meeting in May needed to be moved. The County Planning Staff suggested moving the meeting back one week to Tuesday, May 14, 2024. Several Planning Board members had scheduling conflicts for that day. On the motion of Hedrick, seconded by Beeson, the Board voted 6-0 to approve moving the Planning Board meeting from May 7, 2024, to Thursday, May 16, 2024, at 6:30 pm in Meeting Room A, Randolph County Office Building, 725 McDowell Rd, Asheboro, NC. 8. Adjournment. At 8:15 pm on motion of Beeson, seconded by Hedrick, the Board voted 6-0 to adjourn. There were eighteen citizens present for the meeting. ________________________________ Chairman ________________________________ Clerk to the Planning Board Page 14 of 146 http://www.randolphcountync.gov RANDOLPH COUNTY PLANNING AND ZONING 204 E Academy Street, Asheboro NC 27203 (336) 318-6555 M E M O R A N D U M TO: Randolph County Planning Board FROM: Randolph County Planning Department DATE: May 3, 2024 SUBJECT: Randolph County Unified Development Ordinance -Text Amendment for Highway Commercial Zoning District The Randolph County Planning Board has been in discussion regarding a text amendment to the Unified Development Ordinance regarding the changing of zoning districts relative to the Highway Commercial district. A summary of the changes was presented to the Board and additional discussion has occurred. The Planning Board requested staff provide additional supplemental lists at the April Board meeting. The lists were provided via email. The list of uses for the current HC zoning and the additional lists of the proposed districts are provided in the agenda packet for discussion at the May Board meeting. Please review the language; staff will be taking input at the May meeting. Please feel free to contact staff should you have any questions. Page 15 of 146 HC – Highway Commercial District Uses 1. Accessory uses; 2. Agricultural uses; 3. Amusements, indoor commercial (e.g., bowling alleys, skating rinks); 4. Amusements, out-of-doors commercial (e.g., roller coasters, fairgrounds); 5. Apparel and accessory sales; 6. Auction sales, yards, permanent; 7. Auction sales, temporary, one-time use; 8. Automobile and truck rental; 9. Automobile body shops (excluding open storage of wrecked vehicles); 10. Automobile carwash, drive-through, requiring vehicle stacking; 11. Automobile parts sales; 12. Automobile sales; 13. Automobile service stations; 14. Automobile storage (excluding wrecked and junked vehicles); 15. Bakery; 16. Banks, savings and loans, credit unions; 17. Barber and beauty service; 18. Boats, recreational vehicles sales, and service; 19. Bottling plants; 20. Builders supply sales; 21. Bus station; 22. Cabinet making; 23. Churches and their customary uses including childcare on-premises; 24. Clinics, medical, dental; 25. Clubs and lodges, private, non-profit; 26. Clubs and places of entertainment (commercial); 27. Community centers, public or private non-profit, for assembly and recreation; 28. Compartmentalized storage for individual storage of residential and commercial goods; 29. Contractor’s yard and outdoor storage area; 30. Convenience store; 31. Daycare facility (freestanding); 32. Drive-in window services (banks, laundries, fast food) if permitted in the district; 33. Drugstores; 34. Dry cleaning and laundry; 35. Event center; 36. Exterminating services; 37. Farm machinery sales, 38. Farm supplies sales (feed, seed, fertilizer); 39. Fire, sheriff, and emergency services; 40. Fitness and recreational sports center; 41. Flea markets (indoors); Page 16 of 146 42. Flea markets (out-of-doors); 43. Florist; 44. Funeral homes; 45. Gift shops; 46. Glass Manufacturing; 47. Governmental offices; 48. Grocery stores; 49. Gun sales, 50. Gunsmith; 51. Hardware, paint, and garden supplies; 52. Home occupations; 53. Hotels and motels; 54. Home furnishings and appliance sales; 55. Health and social services centers; 56. Industrial equipment sales and service; 57. Laboratory, medical, and dental; 58. Laundry or dry cleaning, self-service; 59. Library, public; 60. Locksmith; 61. Machine shop, welding shop; 62. Medical/Dental clinics or laboratories; 63. Mini warehouse; 64. Mixed commercial and residential use where commercial use is primary and both occupy the same structure or lot; 65. Mobile home, travel trailer, camper, marine, recreational vehicle sales; 66. Monument and cut stone manufacture and sales; 67. Nursery and plant cultivation and sales; 68. Office supplies sales; 69. Outdoor storage yard; 70. Pharmacy and drugstore; 71. Post Office; 72. Pottery manufacturing and sales; 73. Printing and reproduction shop; 74. Radio or television studio; 75. Retail sales, not listed elsewhere; 76. Repair, rental, and service of products sold at retail in the same district; 77. Restaurant; 78. Retail stores and shops (excluding vehicle sales) not otherwise listed herein; 79. Schools, business/trade; 80. Service stations; 81. Services establishments include but are not limited to barber and beauty shops, small-item repair, and rental; 82. Sign, directional gateway; 83. Sign, on-premise; 84. Tailor shop; Page 17 of 146 85. Taxi stand; 86. Temporary buildings, incidental to the development; 87. Temporary carnivals, rides, Ferris wheels; 88. Theater, Drive-in; 89. Trailer rentals; 90. Upholstering and furniture refinishing; 91. Veterinary clinics; 92. Warehouses, sales or service; and 93. Wholesale sales, not otherwise listed. Page 18 of 146 Primary Commercial District 1. Accessory uses 2. Agricultural uses 3. Amusements, indoor commercial (e.g., bowling alleys, skating rinks) 4. Amusements, out-of-doors commercial (e.g., roller coasters, fairgrounds) 5. Apparel and accessory sales 6. Athletic fields, recreation buildings, playgrounds, swim and racquet clubs (no commercial gain) 7. Auction sales, temporary, one-time use 8. Auction sales, yards, permanent 9. Automobile and truck rental 10. Automobile sales 11. Bakery 12. Banks, savings and loans, credit unions 13. Bottling plants 14. Builders supply sales 15. Bus station 16. Churches and their customary uses including childcare on-premises 17. Clinics, medical, dental 18. Clubs and lodges, private, non-profit 19. Clubs and places of entertainment (commercial) 20. Community centers, public or private non-profit, for assembly and recreation 21. Convenience store 22. Corporate offices or headquarters 23. Daycare facility (corporate) 24. Daycare facility (freestanding) 25. Drive-in window services (banks, laundries, fast food) 26. Drugstores 27. Dry cleaning and laundry 28. Fire, sheriff, and emergency services 29. Fitness and recreational sports centers 30. Florists 31. Food freezer operations 32. Funeral homes 33. Golf, miniature 34. Governmental offices 35. Grocery stores 36. Gun sales 37. Gun smith 38. Harward, paint, and garden supplies 39. Health and social services centers 40. Home furnishings and appliance sales 41. Home occupations 42. Hotels and motels 43. Industrial equipment sales Page 19 of 146 44. Laboratory, medical, and dental 45. Laboratory, research 46. Laundry or dry cleaning 47. Library, public 48. Livestock sales 49. Locksmith 50. Machine shop, welding shop 51. Manufactured home, travel trailer, camper, marine, and recreational vehicle sales 52. Medical/Dental clinics or laboratories 53. Mini warehouse 54. Mixed commercial and residential use where commercial use is primary and both occupy the same structure or lot 55. Monument and cut stone manufacture and sales 56. Nursery and plant cultivation and sales 57. Office supplies sales 58. Outdoor storage yard 59. Pharmacy and drugstore 60. Post Office 61. Pottery manufacturing and sales 62. Printing and reproduction shop 63. Professional and business offices 64. Radio or television studio 65. Restaurant 66. Retail stores and shops (excluding vehicle sales) not otherwise listed herein 67. Schools, business/trade 68. Service establishments include but are not limited to barber and beauty shops, small-item repair, and rental 69. Service stations 70. Sign, directional gateway 71. Sign, on-premise 72. Tailor shop 73. Taxi stand—park and ride lot 74. Temporary buildings, incidental to the development 75. Temporary carnivals, rides, Ferris wheels 76. Theatre, drive-in 77. Towing services 78. Trailer rentals 79. Transitional housing 80. Upholstering and furniture refinishing 81. Veterinary clinics 82. Warehouses, sales, or service 83. Wholesale sales, not otherwise listed Page 20 of 146 Rural Commercial District 1. Accessory uses 2. Agricultural uses 3. Automobile storage (excluding wrecked and junked vehicles) 4. Bakery 5. Banks, savings and loans, credit unions 6. Barber and beauty service 7. Churches and their customary uses including childcare on-premises 8. Clinics, medical, dental 9. Community centers, public or private non-profit, for assembly and recreation 10. Convenience store 11. Drugstores 12. Farm machinery sales 13. Farm supplies sales (feed, seed, fertilizer) 14. Fire, sheriff, and emergency services 15. Funeral homes 16. Governmental offices 17. Hardware, paint, and garden supplies 18. Home occupations 19. Livestock sales 20. Locksmith 21. Nursery and plant cultivation and sales 22. Post Office 23. Pottery manufacturing and sales 24. Restaurant 25. Retail stores and shops (excluding vehicle sales) not otherwise listed herein 26. Service establishments include but are not limited to barber and beauty shops, small-item repair, and rental 27. Service stations 28. Sign, directions gateway 29. Sign, on-premises 30. Temporary buildings, incidental to the development 31. Theatre, Drive-In 32. Veterinary clinics Page 21 of 146 Secondary Commercial District 1. Accessory uses 2. Agricultural uses 3. Apparel and accessory sales 4. Automobile and truck rental 5. Automobile body shops (excluding open storage of wrecked vehicles) 6. Automobile carwash, drive-through, requiring vehicle stacking 7. Automobile park sales 8. Bakery 9. Banks, savings and loans, credit unions 10. Barber and beauty service 11. Boats, recreational vehicles sales, and service 12. Churches and their customary uses including childcare on-premises 13. Clinics, medical, dental 14. Community centers, public or private non-profit, for assembly and recreation 15. Contractor’s yard and outdoor storage area 16. Convenience store 17. Daycare facility (Freestanding 18. Drugstores 19. Dry cleaning and laundry 20. Exterminating services 21. Farm machinery sales 22. Farm supplies sales (feed, seed, fertilizer) 23. Fire, sheriff, and emergency services 24. Flea markets (indoors) 25. Flea markets (out-of-doors) 26. Florist 27. Funeral homes 28. Gift shops 29. Governmental officers 30. Grocery stores 31. Gun sales 32. Gunsmith 33. Hardware, paint, and garden supplies 34. Home furnishings and appliance sales 35. Home occupations 36. Laboratory, medical, and dental 37. Laundry or dry cleaning 38. Library, public 39. Livestock sales 40. Locksmith 41. Medical/Dental clinics or laboratories 42. Mini warehouse 43. Nursery and plant cultivation and sales 44. Office supplies sales Page 22 of 146 45. Post Office 46. Pottery manufacturing and sales 47. Radio or television studio 48. Restaurant 49. Retail stores and shops (excluding vehicle sales) not otherwise listed herein 50. Service establishments include but are not limited to barber and beauty shops, small-item repair, and rental 51. Sign, directional gateway 52. Sign, on-premise 53. Tailor shop 54. Temporary buildings, incidental to the development 55. Theatre, Drive-In 56. Upholstering and furniture refinishing 57. Veterinary clinics Page 23 of 146 Use Matrix 4/15/2024 Page 1 of 5 USES PC RC SC Accessory uses ✓ ✓ ✓ Adult bookstore E Adult entertainment establishment E Adult motion picture theatre (including mini theatres) E Advanced battery or fuel cell development Aerospace, aviation, and military/defense manufacturing Agricultural uses2 ✓ ✓ ✓ Airfields and airports S S S Amusements, indoor commercial (e.g., bowling alleys, skating rinks) ✓ Amusements, out-of-doors commercial (e.g., roller coasters, fairgrounds) ✓ Apparel and accessory sales ✓ ✓ Athletic fields, recreation buildings, playgrounds, swim, and racquet clubs (no commercial gain) ✓ Auction sales, temporary, one-time use ✓ Auction sales, yards, permanent ✓ Automobile and truck rental ✓ ✓ Automobile body shops (excluding open storage of wrecked vehicles) ✓ Automobile carwash, drive-through, requiring vehicle stacking ✓ Automobile parts sales ✓ Automobile racetracks S S Automobile sales ✓ Automobile service stations Automobile storage (excluding wrecked and junked vehicles)3 ✓ Automotive, truck, and heavy equipment manufacturing and assembly Bakery ✓ ✓ ✓ Banks, savings and loans, credit unions ✓ ✓ ✓ Barber and beauty service ✓ Biofuels production Biotechnology, pharmaceuticals, medical, and life sciences manufacturing Boats, recreational vehicles sales, and service ✓ Bottling plants ✓ Brick, tile, and cement manufacturing Builders supply sales3 ✓ Bus station ✓ Cabinet making Camping Cemetery Chemical manufacturing Churches and their customary uses including childcare on-premises ✓ ✓ ✓ Clinics, medical, dental ✓ ✓ ✓ Clubs and lodges, private, non-profit ✓ Clubs and places of entertainment (commercial) ✓ Coal sales and storage3 Page 24 of 146 Use Matrix 4/15/2024 Page 2 of 5 USES PC RC SC Community centers, public or private non-profit, for assembly and recreation ✓ ✓ ✓ Concrete and asphalt products plant Contractor’s yard and outdoor storage area3 ✓ Convenience store ✓ ✓ ✓ Conventional Major Subdivision home, Class A manufactured housing, modular home Conventional Major Subdivision home, Class B manufactured housing, modular home Conventional Major Subdivision homes (site-built) and conventional modular Corporate offices or headquarters ✓ Cryptocurrency Dairy products, wholesale, and processing Daycare facility (corporate) ✓ Daycare facility (freestanding) ✓ ✓ Distribution or logistics center Drive-in window services (banks, laundries, fast food) if permitted in the district ✓ Drugstores ✓ ✓ ✓ Dry cleaning and laundry ✓ ✓ Educational facilities and training centers Electronics and component manufacturing Energy storage Engine or engine parts production Event center S Exterminating services ✓ Fabricated or primary metal manufacturing Family care home Farm machinery sales ✓ ✓ Farm supplies sales (feed, seed, fertilizer) ✓ ✓ Fire, sheriff, and emergency services ✓ ✓ ✓ Fitness and Recreational Sports Center ✓ Flea markets (indoors) ✓ Flea markets (out-of-doors) ✓ Florists ✓ ✓ Food freezer operations ✓ Food processing Foundries, metal Funeral homes ✓ ✓ ✓ Furniture manufacturing Gift shops ✓ Glass Manufacturing Golf courses Golf, miniature ✓ Governmental offices ✓ ✓ ✓ Page 25 of 146 Use Matrix 4/15/2024 Page 3 of 5 USES PC RC SC Grocery stores ✓ ✓ Group homes Gun range Gun sales ✓ ✓ Gunsmith ✓ ✓ Hardware, paint, and garden supplies ✓ ✓ ✓ Health and social services centers ✓ Home furnishings and appliance sales ✓ Home occupations ✓ ✓ ✓ Hospital or sanatoriums Hotels and motels ✓ Household product manufacturing Industrial equipment sales and service ✓ Junkyards (3 acres or more in size)4 Kennels Laboratory, medical, and dental ✓ ✓ Laboratory, research ✓ Landfill Laundry or dry cleaning ✓ ✓ Library, public ✓ ✓ Livestock sales ✓ ✓ ✓ Locksmith ✓ ✓ ✓ Machine shop, welding shop ✓ S S Manufactured home in a major subdivision Class A Manufactured home in a major subdivision Class B Manufactured home in a minor subdivision Class A Manufactured home in a minor subdivision Class B Manufactured home on individual lot Class A Manufactured home on individual lot Class B Manufactured home on individual lot Class C Manufactured home park Manufactured home, travel trailer, camper, marine, and recreational vehicle sales ✓ Manufacturing, apparel, soft goods, textiles Manufacturing, machine tools, chemicals, fertilizer, paving materials, wood products, paper Meat packing and poultry processing Medical/Dental clinics or laboratories ✓ S ✓ Mini warehouse ✓ ✓ Mixed commercial and residential use where commercial use is primary and both occupy the same structure or lot ✓ Modular home, conventional Modular home, on-frame Monument and cut stone manufacture and sales ✓ Motor vehicle parts manufacturing Page 26 of 146 Use Matrix 4/15/2024 Page 4 of 5 USES PC RC SC Multi-family residence Nursery and plant cultivation and sales ✓ ✓ ✓ Nursing and rest homes Office supplies sales ✓ ✓ Outdoor storage yard ✓ Paint and coating manufacturing Paint shop Pharmacy and drugstore ✓ Planned Business Development S Planned Rural Development Planned Unit Development Plastics and resin manufacturing Post Office ✓ ✓ ✓ Pottery manufacturing and sales ✓ ✓ ✓ Press Shop Printing and reproduction shop ✓ Professional and business offices ✓ S Public utility substations S S S Quarry operations Radio or television studio ✓ ✓ Radio or television tower S S S Railroad rolling stock manufacturing Railroad yard Recreational vehicle (RV) park Repair, rental, and service of products sold at retail in the same district Research and development facilities Residence, apartments, condominiums Residence, duplex Residence, single-family detached Residence, townhouses Residential solar collector Restaurant ✓ ✓ ✓ Retail sales, not listed elsewhere Retail stores and shops (excluding vehicle sales) not otherwise listed herein ✓ ✓ ✓ Riding academy, commercial stables Rodeo Rooming house Rubber products manufacturing Rural family occupation of commercial/industrial nature S Sanitary landfill Sawmills, planing mills - permanent Sawmills, planing mills - temporary Schools, academic S S S Page 27 of 146 Use Matrix 4/15/2024 Page 5 of 5 USES PC RC SC Schools, business/trade ✓ Septage land application site Service establishments include but are not limited to barber and beauty shops, small-item repair, and rental ✓ ✓ ✓ Service stations ✓ ✓ Sheet metal fabrication Shooting range S Sign, directional gateway ✓ ✓ ✓ Sign, on-premise ✓ ✓ ✓ Sign, outdoor advertising (off-premises) S Skills games, games of chance S Solar energy facility Solar energy residential use Special events Storage pods Storage, flammable liquids above ground in quantities for distribution Subdivisions, Minor (Residential) Tailor shop ✓ ✓ Taxi stand – Park and Ride lot ✓ Telecommunications tower S S S Temporary buildings, incidental to the development ✓ ✓ ✓ Temporary carnivals, rides, Ferris wheels ✓ Temporary healthcare structures Theatre, Drive-In ✓ ✓ ✓ Tire manufacturing Tobacco sales and warehousing Towing services ✓ Trailer rentals ✓ Transitional housing ✓ Transportation equipment manufacturing Truck terminal Upholstering and furniture refinishing ✓ ✓ Veterinary clinics ✓ ✓ ✓ Warehouses, sales, or service ✓ Warehousing and distribution Wholesale sales, not otherwise listed ✓ Zoological park ✓ means allowed by right E means allowed in Special Entertainment Overlay S means allowed by Special Use Permit Page 28 of 146 CASE SUMMARY FOR SPECIAL USE REQUEST #2023-00000665 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by TILLMAN INFRASTRUCTURE, New York, NY, and their request to obtain a Special Use Permit on Wall Rd, Liberty Township, Sandy Creek Balance Watershed, Tax ID #8725469448, 19.58 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a two-hundred forty-foot telecommunications tower as per the site plan. Property Owner: Barbara Kivett Wall ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. Page 29 of 146 OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affirmation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to testify on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you, God.” Page 30 of 146 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: SANDY CREEK WATERSHED Class A Flood Plain On Prop?: NO 3710872400KFlood Plane Map #: Total Permit Fee: $100.00 COMMENTS:REOPENED PER DIRECTOR T.C. - APPLICATION WAS WITHDRAWN IN 2023 & NOW WISHES TO GO TO PUBLIC HEARING The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO ALLOW A 240 FT TELECOMMUNICATION TOWER AS PER THE SITE PLAN Signature of Applicant: Eric Martin Authorized County Official Applicant: TILLMAN INFRASTRUCTURE City, St. Zip: NEW YORK, NY 10019 Address: 152 W 57TH ST. 8TH FL Owner: WALL, BARBARA KIVETT Address: 6911 SANDY CREEK CHURCH RD City, St. Zip: STALEY, NC 27355 Permit #: 2023-00000665 Parcel #: 8725469448 Date: 03/08/2023 Location Address: Permit Type Code: PZ 3 CONTACT NAME:COOK, PAMELA Contact Phone:704 237-4399 Acreage: Township:19.5800 11 - LIBERTY Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 SPECIAL USE PERMIT APPLICATION Page 31 of 146 Tillman Infrastructure Special Use Permit Request Location Map SANDY CREEK CHURCH RD WILLARD R D B Y R D HOUS E R D U S H W Y 4 2 1 WA L L R D 1 inch equals 750 feet KÈ Liberty Directions to site: NC Hwy 49 N - (L) Sandy Creek Church Rd - (R) Wall Rd - Site on (L) approx. 4/10 mile. Page 32 of 146 Tillman Infrastructure Special Use Permit Request B Y R D H OUS E R D U S H W Y 4 2 1 WILLA R D R D WA L L R D The request is located in Sandy Creek Watershed Area. 1 inch equals 600 feet Liberty Raceway Park (Last rezoning in 2007) SUP for lawnmower repair business (2001) Request location KÈLegend Parcels Structures Type Permanent structure Temporary structure Miscellaneous structure Roads USGS Streams 50 ft. stream buffer Town of Liberty Zoning County zoning Districts HI RA Page 33 of 146 Tillman Infrastructure Special Use Permit Request W I L L A R D R D WA L L R D The request is located in Sandy Creek Watershed Area. 1 inch equals 500 feet Liberty Raceway Park (Last rezoning in 2007) KÈ Legend Parcels Structures Type Permanent structure Temporary structure Miscellaneous structure Roads USGS Streams 50 ft. stream buffer County zoning Districts HI RA Page 34 of 146 Thc Prrrni$s and Accass rnd Fibcr/tjtility Et!.mant arc dcs{aiH sodor dcpicrcd as follows: -Elt ar*gg!+ lsE r. r E Exruar xAY aE IEPI /tcEDay aUND lr,lvEy AND'q, @d:rrtucTtoir DtAvlI{Glt oFTltE ?tElo3Esottt rEf,IvF, EY IE{ANT AND 8,EVES'ED AI{I APII'OVED EY LAIDI,OI,D2. 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E - .E - E :E :E : t s : F ' Tt t- - l - l - t Page 42 of 146 t-o E l= Tt-oPP,19755 421 IIBERTY-RELHR 16804831 1 GMVEI COiTPOIJNO AXD GRAVEL ACCESS ORMW y CROSS SECTTON OErAI GRAVE!ACCESS ORIVEWAY OEIAIL 2 I r\rour{r^r,r rN6rNtaft N6 SITE OETAILS FI n i,: 3 MUIIr'IENANT UTrtlIY n-FRArrtE OETAIL 4 rYPtcAt uTtuTY TRENCH DET,{L ( I I 0 T- ! l I Page 43 of 146 aJ n l c n J l s e J l u l ue u l l l ! l t 3 d -, E rI ' E , l E $; E Ii i i F f ". 5 3 r Zt ;Ia l il:ll*il IL;r (o oI i! I $ I(; ta , : (l i3i r L E !! l l ' Il i t ! iB , i9 ! 7i e ]r l i ,! - : E ri t ; : , i: ! : i l \ \ l= i , l : .# i l t i i li ; l ! i : i i 8It iei3 Edca- trol li E i I l ! $ , ii ! l : i : E ii - t i i - a ei i il s IIz_ EI3Ii I$ . t Ii? tI$I :TiI ! ,3 j : Iai3 !jI I EIold- l - Et d gI9Ii! ,lit !?a! t:E: ! .\ \s\ { :i - - - r Page 44 of 146 Tillman Infrastructure Special Use Permit Request WA L L R D The request is located in Sandy Creek Watershed Area. 1 inch equals 400 feet Liberty Raceway Park (Last rezoning in 2007) Legend Parcels Roads USGS Streams 50 ft. stream buffer Page 45 of 146 Tillman Infrastructure Special Use Permit Request Picture 1: Request location. Picture 2: Property across road from request location. Picture 3: Property across road from request location. Picture 4: Property across road from request location. Picture 5: Request location on left as seen looking toward Willard Rd. Picture 6: Request location on the right as seen looking toward Sandy Creek Church Rd. Page 46 of 146 3/13/2023 Randolph County GIS Current Owner Information Randolph County, Its Agents and Employees make not warranty to the correctness of the information set forth on this document. PIN TAX_ACRES DESCRIPTION DEED_BOOK/PAGE OWNER ADDRESS ADDRESS2 CITY_STATE_ZIP 8725356490 60.32 R2459;N 001997/02195 ISLEY, ANN R 4930 WOODY MILL RD C/O CHARLES A ISLEY GREENSBORO, NC 27406 8725459963 15.75 R2436;W 002546/01469 WALL, BARBARA 6911 SANDY CREEK CHURCH RD STALEY, NC 27355 8725461563 7.98 R2459;N NO RD FRTG 001919/01286 WALL, BARBARA K 6911 SANDY CREEK CHURCH RD STALEY, NC 27355 8725469448 19.58 R2436;W 001243/01558 WALL, BARBARA KIVETT 6911 SANDY CREEK CHURCH RD STALEY, NC 27355 8725477200 19.5 R2436;W DEEDED ACCESS 001542/00449 WALL, BARBARA K 6911 SANDY CREEK CHURCH RD STALEY, NC 27355 8725568887 2.9 R2436;E 001125/00431 WALL, BARBARA KIVETT 6911 SANDY CREEK CHURCH RD STALEY, NC 27355 8725569111 10 R2436;E 001187/00836 MOODY, ARTHUR J (MOODY, YOLONDA B)2876 WALL RD STALEY, NC 27355 8725575109 7.29 EVA MAE WALL LO 2 002361/00219 WALL, JOHN WILLIAM 2505 SOAPSTONE MOUNTAIN RD STALEY, NC 27355 8725665377 16.3 R2436;E 001136/00089 WALL, BARBARA 6911 SANDY CREEK CHURCH RD STALEY, NC 27355 Page: 1 of 1 Page 47 of 146 RANDOLPH COUNTY APPLICATION FOR THE CONSTRUCTION OF A WIRELESS COMMUNICATIONS FACILITY PROJECT INTRODUCTION Tillman Infrastructure, LLC, a Delaware limited liability company (“Applicant”), pursuant to relevant statutory authority, and the rules and regulations applicable thereto, and pursuant to the Telecommunications Act of 1996, respectfully submits this Application requesting issuance of appropriate documents from Randolph County to construct, maintain, and operate a cellular tower facility (“Facility”) to serve the customers of Verizon Wireless with wireless communications services. In support of this Application, the Applicant provides the following information: 1. The complete name and address of the Applicant is Tillman Infrastructure, LLC, a Delaware limited liability company, having an address of 152 W 57th Street, New York, New York 10019. 2. Applicant proposes the construction of a 240’ Self-Support Tower for communications services, which is to be located on Wall Road in Staley, NC 27355. 3. Verizon Wireless operates on frequencies licensed by the Federal Communications Commission (“FCC”) pursuant to applicable FCC requirements. The facility will be constructed and operated in accord with the applicable FCC regulations. Applicant will build, own, and manage the tower and tower compound where Verizon Wireless will place its equipment, cabinets, and antennas. 5. The Applicant, pursuant to a written agreement with the landowner, has acquired the right to use the Facility site and associated property rights. Page 48 of 146 6. The site development plan and a vertical profile sketch of the Facility, signed and sealed by a professional engineer registered in North Carolina, depicting the tower, its height, and its proposed configuration for the antennas is attached here. This Facility has been designed to permit future co-location. 7. The process that was used by Verizon Wireless’ radio frequency (“RF”) engineers in selecting the site for the Facility was consistent with the general process used for selecting all other existing and proposed Facilities within the proposed network design area. Verizon Wireless’ RF engineers have conducted studies and tests in order to develop an appropriate network designed to handle voice and data traffic in the service area. The engineers determined an optimum area for the placement of the proposed Facility in terms of elevation and location. An RF design search area prepared in reference to these RF studies was considered by the Applicant when searching for sites for its antennas that would provide the coverage deemed necessary by Verizon Wireless. Please note the following documentation in support of the proposed tower. RANDOLPH COUNTY UNIFIED DEVELOPMENT ORDINANCE ARTICLE 600: ZONING ORDINANCE TELECOMMUNICATION TOWER Zoning Districts: All districts. Guidelines and Requirements: Except as expressly stated, nothing in this Ordinance shall limit Randolph County from regulating applications to construct, modify, Page 49 of 146 or maintain wireless support structures, or construct, modify, maintain, or collocate wireless facilities on a wireless support structure based on consideration of land use, public safety, and zoning considerations, including aesthetics, landscaping, structural design, setbacks, and fall zones, or State and local building code requirements, consistent with the provisions of federal law provided in NCGS § 160D-930. For purposes of this Ordinance, public safety includes, without limitation, federal, State, and local safety regulations but does not include requirements relating to radiofrequency emissions of wireless facilities. This section is acknowledged Any person that proposes to construct a new wireless support structure or substantially modify a wireless support structure within the planning and development regulation jurisdiction of a local government must do both of the following: This section is acknowledged. (1) Submit a completed application with the necessary copies and attachments to the appropriate planning authority; and (2) Comply with any local ordinances concerning land use and any applicable permitting processes. Purpose and Compliance: The purpose of this section is to ensure the safe and efficient integration of facilities necessary for the provision of advanced mobile broadband and wireless telecommunications services throughout the community and to ensure the ready availability of reliable wireless service to the public, government agencies, and first responders, to further the public safety and general welfare. The deployment of wireless infrastructure is critical to ensuring first responders can provide for the health and safety of all residents of North Carolina and, consistent with section 6409 of the Middle-Class Tax Relief and Job Creation Act of 2012, 47 USC § 1455 (a), create a national wireless emergency communications network for use by first responders that in large measure will be dependent on facilities placed on existing wireless communications support structures. Therefore, it is the policy of this State to facilitate the placement of wireless communications support structures in all areas of North Carolina. The following standards shall apply to Randolph County’s actions, as a regulatory body, in the regulation of the placement, construction, or modification of a wireless communications facility. Page 50 of 146 The placement, construction, or modification of wireless communications facilities shall conform with the Federal Communications Act, 47 USC § 332, as amended,section 6409 of the Middle-Class Tax Relief and Job Creation Act of 2012, 47 USC § 1455 (a),and per the rules promulgated by the Federal Communications Commission. This section is acknowledged in its entirety. Minimum Lot Size: The minimum lot size requirement shall be per the Zoning District in which it is located. The proposed tower is located in the RA – Residential Agricultural zoning district. The parcel of land the tower will be located on is approximately 19.58 Ac. Administrative Approvals: The following uses may be approved by the Randolph County Planning Director after conducting an administrative review: This section is acknowledged but does not apply to this submittal. a. Installing an antenna on an existing structure other than a tower (such as a building, sign, light pole, water tower, or other free-standing, nonresidential structure) that is more than fifty feet in height, so long as such addition does not add more than twenty feet to the height of the existing structure; b. Installing an antenna on an existing nonresidential structure other than a tower (such as a building sign, light pole, water tower, utility pole, or other free-standing, non-residential structure) in any commercial or industrial district that is less than fifty feet in height so long as such addition does not add more than twenty feet to the height of the existing structure; c. Installing an antenna on an existing tower of any height, including a pre-existing tower, and further including the placement of additional buildings or other supporting equipment used in connection with said antenna, so long as the addition of said antenna adds no more than twenty feet to the height of said existing tower; or d. Replacing an existing tower that adds no more than twenty feet to the overall height of the existing structure. Required Plans: Site Plan drawn to scale must include, but is not limited to, the following information: A detailed Site Plan, drawn to scale and including the following information, is included with this submittal. Page 51 of 146 a. Property lines; b. Proposed structures; c. Existing structures within five hundred feet of any part of the tower structure; d. Proposed points of egress and ingress; e. Fencing and setbacks; and f. Proposed buffers. The site plan shall indicate all locations for equipment buildings in addition to that proposed for use by the applicant. Buffers: In areas where a visual block from adjacent properties is necessary, a Level III buffer shall be required. The proposed site is surrounded by existing trees that will remain. No additional landscaping is proposed at this time. Fencing: The base of the tower and each guy anchor shall be surrounded by a security fence or wall at least eight feet in height unless the tower and all guy anchors are mounted entirely on a building over eight feet in height. The tower’s guy anchors may be screened or fenced separately to comply with the requirements of this subsection. The proposed tower and all associated equipment will be fully enclosed and screened by an 8’-0” high chain link fence with barbed wire atop. This is a self-support tower so there will be no guy anchors. Setback Requirements: Setback of the base of the tower from all adjacent property lines shall be one foot for each foot in height. This setback may be reduced by the Randolph County Planning Board of Adjustment upon a finding that failure to grant a setback reduction would have the effect of prohibiting the provision of personal wireless services, that the reduction serves the general intent and purpose of this section and the adopted Randolph County Growth Management Plan and that the reduction will not substantially interfere with or injure the rights of others whose property would be affected by the reduced setback. In no case shall be setback be reduced to less than fifty percent of the tower height. To encourage shared use of towers, applications for towers that will operate with more than one user immediately upon completion may have a ten percent reduction in the required setbacks, but in no case shall the setback Page 52 of 146 be less than those required for the underlying zoning district. Also, to encourage the construction of monopole structures, monopole towers may have a twenty percent reduction in the required setbacks. To encourage the location of towers in existing forested areas with a minimum depth of sixty-five feet, the tower may have a twenty percent reduction in the required setbacks. In no case shall the setback be less than those required for the underlying zoning district. Said setback reductions shall only be allowed upon a professional engineering certification that states that the structure’s construction will cause the tower to crumble inward so that in the event of a collapse no damage to structures on adjacent zoning lots will result. The proposed tower meets the setback requirement of one foot for each foot in height of the tower from the base of the tower from all adjacent property lines. The proposed tower is 240’ in height and the closest property line is 260’-6”. Towers shall have a minimum setback of 1,500 feet from other towers unless evidence is provided that demonstrates that reasonable efforts have been made to lease space on an existing tower or that an existing tower will not technically satisfy the applicant’s needs to provide coverage in the area. The proposed tower meets the setback requirement of 1,500 feet from other towers. The closest existing tower is more than 2300’ from the proposed location. Site Considerations: No outside storage shall be allowed on any telecommunication facility site. There will be no outside storage at the proposed site. Associated buildings located in any residential district shall not be used as an employment center for any worker. This provision does not prohibit the periodic maintenance or periodic monitoring of equipment and instruments. This will be an unmanned facility. The color of the tower shall be neutral, except to the extent required by Federal law, to minimize its visual impact. The proposed tower will maintain a galvanized gray finish, which is non-reflective and emits no glare. No commercial advertising shall be allowed on the facility’s site. Signs for the purpose of identification, warning, emergency function or contact numbers are placed on the compound gate as required by standard industry practice. No other signs of any nature will be placed on the fence or on any portion of the tower. Other Requirements: Page 53 of 146 Communication companies are encouraged to locate telecommunication antennas on or in structures other than a tower. Such structures may include church steeples, transmission line towers, utility/light poles, water towers. Where such facilities are not available, co-location of facilities is encouraged. Priority for co-location on the proposed tower shall be given to antennas that will serve a public safety need for Randolph County. There are no other structures in the vicinity that meet the height requirements needed for the proposed tower. Evidence that the applicant has investigated the possibilities for locating the proposed facilities on an existing tower where a minimal level of coverage can be provided. Such evidence shall consist of: The proposed tower is within a one-mile search radius of an existing tower that Verizon is currently on, however, an ongoing colocation agreement cannot be obtained. Please see attached Economic Hardship Letter provided by Verizon. The letter indicates the unreasonableness of the fee increases, and how the recurring operating expense increases negatively impact Verizon’s ability to service the area specifically in the vicinity of this tower. a. Copies of letters sent to owners of all existing towers within a one-mile radius of the proposed site, requesting the following information: (1) tower height; (2) existing and planned tower users; (3) whether the existing tower could accommodate the proposed antenna without causing instability or radio frequency interference; and (4) if the proposed antenna cannot be accommodated on the existing tower, an assessment of whether the existing tower could be structurally strengthened or whether the antenna’s transmitters and related equipment could be protected from electromagnetic interference and a general description of the means and projected cost of shared use of the existing tower. b. A copy of all responses required by subsection 4a (1); c. A summary explanation of why the applicant believes the proposed facility cannot be located on an existing tower. Page 54 of 146 d. A summary explanation of why the applicant believes that the use of an alternative tower structure is not possible. e. Provision of sound engineering evidence demonstrating that location in the proposed district is necessary and in the interest of public safety or is a practical necessity. Evidence that the tower will be utilized by a wireless provider. Under section 6409 of the Middle-Class Tax Relief and Job Creation Act of 2012, 47 USC § 1455 (a), Randolph County may not deny and shall approve any eligible facilities request as provided in this section. Nothing in this Part requires an application and approval for routine maintenance or limits the performance of routine maintenance on wireless support structures and facilities, including in-kind replacement of wireless facilities. Routine maintenance includes activities associated with regular and general upkeep of transmission equipment, including the replacement of existing wireless facilities with facilities of the same size. Randolph County may require an application for collocation or an eligible facility request. Verizon Wireless will be the anchor tenant on the proposed tower. A collocation or eligible facilities request application is deemed complete unless Randolph County provides notice that the application is incomplete in writing to the applicant within 45 days of submission or within some other mutually agreed upon period. The notice shall identify the deficiencies in the application which, if cured, would make the application complete. Randolph County may deem an application incomplete if there is insufficient evidence provided to show that the proposed collocation or eligible facilities request will comply with federal, State, and local safety requirements. Randolph County may not deem an application incomplete for any issue not related to the actual content of the application and subject matter of the collocation or eligible facilities request. An application is deemed complete on resubmission if the additional materials cure the deficiencies indicated. This section is acknowledged. Randolph County shall issue a written decision approving an Eligible Facilities Request Application within 45 days of such application being deemed complete. For a collocation application that is not an eligible facility request, Randolph County shall issue its written decision to approve or deny the application within 45 days of the application being deemed complete. Randolph County may impose a fee not to exceed $1,000 for technical consultation and the review of a collocation or eligible facilities request an Page 55 of 146 application. The fee must be based on the actual, direct, and reasonable administrative costs incurred for the review, processing, and approval of a collocation application. Randolph County may engage a third party consultant for technical consultation and the review of a collocation application. The fee imposed by Randolph County for the review of the application may not be used for either of the following: This section is acknowledged. (1) Travel expenses incurred in a third-party review of a collocation application; or (2) Reimbursement for a consultation or other third party based on a contingent fee basis or resultsbased arrangement. Evidence that the communications tower is structurally designed to support at least one additional user and the special use application includes a statement that the owner of the tower is willing to permit other users to attach communication facilities, on a commercially reasonable basis, which do not interfere with the primary purpose of the tower. Towers over 180 feet in height shall be structurally designed and constructed to accommodate at least two additional users. The tower owner may require that such other users agree to negotiate regarding reasonable compensation to the owner from any liability that may result from such attachment. The proposed tower will be designed to accommodate antennas for the anchor tenant, Verizon, as well as two (2) additional future carriers, for a total of three (3) users. The tower and foundation drawings are included with this submittal. The telecommunications tower shall meet all applicable FAA standards, Randolph County Municipal Airport Overlay District Standards, and shall not restrict or interfere with air traffic or air travel from or to any existing or proposed airport. Applicant must provide evidence that the tower would meet all FAA standards, before issuance of permits to construct. Any lighting shall not project onto the surrounding residential property. A copy of the FAA determination is included with this submittal. The proposed tower will only be illuminated as required by the Federal Communications Commission (FCC), the Federal Aviation Administration (FAA), or other regulatory agencies. The Randolph County Planning Director shall notify all known airports within a five-mile radius of the application to locate a tower. This section is acknowledged. Page 56 of 146 To protect the public from unnecessary exposure to electromagnetic radiation, the tower owner shall provide documentation, such as a signed affidavit, indicating that the power density levels do not exceed levels certified by the FCC. FCC documents are included with this submittal. Notice shall be provided to the Randolph County Planning Director when the tower is placed out of service. Towers that are not used for six months or more shall be removed by the property owner within 120 days. The proposed tower, along with any associated structures or equipment, will be removed within 120 days of the ceasing of operations. Randolph County’s review of an application for the placement or construction of a new wireless support structure or substantial modification of a wireless support structure shall only address public safety, land development, or zoning issues. In reviewing an application, Randolph County may not require information on or evaluate an applicant’s business decisions about its designed service, customer demand for its service, or quality of its service to or from an area or site. Randolph County may not require information that concerns the specific need for the wireless support structure, including if the service to be provided from the wireless support structure is to add additional wireless coverage or additional wireless capacity. Randolph County may not require proprietary, confidential, or other business information to justify the need for the new wireless support structure, including propagation maps and telecommunication traffic studies. In reviewing an application, the local government may review the following: This section is acknowledged. (1) Applicable public safety, land-use, or zoning issues addressed in its adopted regulations, including aesthetics, landscaping, land-use based location priorities, structural design, setbacks, and fall zones; (2) Information or materials directly related to an identified public safety, land development, or zoning issue including evidence that no existing or previously approved wireless support structure can reasonably be used for the wireless facility placement instead of the construction of a new wireless support structure that residential, historic, and designated scenic areas cannot be served from outside the area or that the proposed height of a new wireless support structure or initial wireless facility placement or a proposed height increase of a substantially modified wireless support structure or replacement Page 57 of 146 wireless support structure is necessary to provide the applicant's designed service; and (3) Randolph County may require applicants for new wireless facilities to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing wireless support structure or structures within the applicant's search ring. Collocation on an existing wireless support structure is not reasonably feasible if collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter a contract for such use at fair market value. Randolph County may require information necessary to determine whether collocation on existing wireless support structures is reasonably feasible. Page 58 of 146 COUNTY OF RANDOLPH SPECIAL USE PERMIT REMINDERS A Special Use Permit is a quasi-judicial action designated by the Randolph County Board of Commissioners to the Randolph County Planning Board. Special Use Permits only allow the specified use and the Randolph County Planning Board must find the following findings of fact: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. The use meets all required conditions and specifications as outlined in the Randolph County Unified Development Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Randolph County Unified Development Ordinance. Only testimony by “expert witnesses” that can prove their status as an expert witness can be considered by the Planning Board for approving or denying a Special Use Permit. In granting the Special Use Permit, the Planning Board may designate only those conditions as authorized by the North Carolina General Statutes. Any conditions shall be agreed to by the applicant or property owner in writing before the vote of the Planning Board for the conditions to be enforceable. When denying a Special Use Permit, the Board Member making the motion to deny the request should cite which of the above required findings of facts were NOT met. Page 59 of 146 COUNTY OF RANDOLPH ORDER Choose the decision. SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY TILLMAN INFRASTRUCTURE SPECIAL USE REQUEST #2023-00000665 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on May 16, 2024, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located on Wall Rd for the purpose indicated is hereby Choose the decision., subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD Choose the decision. THE APPLICATION FOR A SPECIAL USE PERMIT FOR TILLMAN INFRASTRUCTURE BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. That the use meets all required conditions and specifications. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. This conclusion is based on the following FINDINGS OF FACT: Page 60 of 146 Click here to enter findings of fact. IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on May 16, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 61 of 146 MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE 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 will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 62 of 146 MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY 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 of 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 and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 63 of 146 CASE SUMMARY FOR SPECIAL USE REQUEST #2024-00000061 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by KIMBERLY BUSH, Seagrove, NC, and their request to obtain a Special Use Permit at 7207 Erect Rd, Brower Township, Tax ID #8606731562, 174.37 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a second residence to be placed on the property for a family member. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. Page 64 of 146 OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affirmation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to testify on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you, God.” Page 65 of 146 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO 3710860600JFlood Plane Map #: Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO ALLOW A SECOND RESIDENCE FOR FAMILY MEMBER Signature of Applicant: Melissa Burkhart Authorized County Official Applicant: BUSH, KIMBERLY City, St. Zip: SEAGROVE, NC 27341 Address: 6937 OSSIE HAYES RD Owner: BUSH, KIMBERLY HAYES Address: 6937 OSSIE HAYES RD City, St. Zip: SEAGROVE, NC 27341 Permit #: 2024-00000061 Parcel #: 8606731562 Date: 03/21/2024 Location Address: Permit Type Code: PZ 3 CONTACT NAME:KIMBERLY BUSH Contact Phone:336 302-5869 Acreage: Township:174.3700 03 - BROWER Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 SPECIAL USE PERMIT APPLICATION Page 66 of 146 Bush Special Use Permit Request Location Map ER E C T R D ASBILLLN POLLYFIELD RD 1 inch equals 1,000 feet Directions to site: NC Hwy 42 S - (R) Moffitt Mill Rd - (R) Erect Rd - Site on (L) approx. 1 4/10 mile at 7207 Erect Rd. Page 67 of 146 Bush Special Use Permit Request ER E C T R D 1 inch equals 750 feet Request location Legend Parcels Structures Type Permanent structure Temporary structure Miscellaneous structure Roads USGS Streams 50 ft. stream buffer County zoning Districts RA RR Page 68 of 146 Bush Special Use Permit Request ER E C T R D 1 inch equals 750 feet Legend Parcels Structures Type Permanent structure Temporary structure Miscellaneous structure Roads USGS Streams 50 ft. stream buffer County zoning Districts RA RR Page 69 of 146 Bush Special Use Permit Request ERECTRD 1 inch equals 700 feet Legend Parcels Roads USGS Streams 50 ft. stream buffer Page 70 of 146 Bush Special Use Permit Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on right as seen looking toward Pollyfield Rd. Picture 6: Request location on left as seen looking toward Bennett Rd. Page 71 of 146 Caviness, Gary Quincy 6346 Antioch Church Rd Seagrove, NC 27341 Asbill, Carson Ned (Asbill, Mariah Leigh) 6482 Antioch Church Rd Seagrove, NC 27341 Deaton, Rodney Lynn (Deaton, Debra K) 6650 Erect Rd Seagrove, NC 27341 Beck, Petronella Vereyken (Luck, Tracie B) 7206 Erect Rd Seagrove, NC 27341 Sugg, Michael S (Sugg, Karlyn F) 7221 Erect Rd Seagrove, NC 27341 Dunn, Roy E (Dunn, Pamela K) 7246 Erect Rd Seagrove, NC 27341 Sugg, Stephen Wayne Trustee (Sugg, Betty Annette Richardson Trustee) - Additional Owners 7443 Erect Rd Seagrove, NC 27341 Sugg, Stephen Wayne Trustee (Sugg, Betty Annette Richardson Trustee) - Additional Owners 7443 Erect Rd Seagrove, NC 27341 Teague, Charles Edward Jr (Teague, Harold Ray) 7711 Erect Rd Seagrove, NC 27341 Kennedy, Joann B Trustee 7191 Erect Rd Joann B Kennedy Rev.trust Seagrove, NC 27341 Kennedy, Joann B Trustee 7191 Erect Rd Joann B Kennedy Rev.trust Seagrove, NC 27341 Jacobs, Anthony T (Jacobs, Karen M) 1469 Gopher Woods Rd Asheboro, NC 27205 4up Farm LLC 1736 Ken Lee Ct Asheboro, NC 27205 Bush, Kimberly Hayes 6937 Ossie Hayes Rd Seagrove, NC 27341 Bush, Kimberly Hayes 6937 Ossie Hayes Rd Seagrove, NC 27341 Bush, Kimberly Hayes 6937 Ossie Hayes Rd Seagrove, NC 27341 Bush, Kimberly Hayes 6937 Ossie Hayes Rd Seagrove, NC 27341 Deaton, Bobby James (Deaton, Lu Anne W) 4162 Pollyfield Rd Seagrove, NC 27341 McRae, Wanda 411 W Nance St Whiteville, NC 28472 Page 72 of 146 COUNTY OF RANDOLPH SPECIAL USE PERMIT REMINDERS A Special Use Permit is a quasi-judicial action designated by the Randolph County Board of Commissioners to the Randolph County Planning Board. Special Use Permits only allow the specified use and the Randolph County Planning Board must find the following findings of fact: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. The use meets all required conditions and specifications as outlined in the Randolph County Unified Development Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Randolph County Unified Development Ordinance. Only testimony by “expert witnesses” that can prove their status as an expert witness can be considered by the Planning Board for approving or denying a Special Use Permit. In granting the Special Use Permit, the Planning Board may designate only those conditions as authorized by the North Carolina General Statutes. Any conditions shall be agreed to by the applicant or property owner in writing before the vote of the Planning Board for the conditions to be enforceable. When denying a Special Use Permit, the Board Member making the motion to deny the request should cite which of the above required findings of facts were NOT met. Page 73 of 146 COUNTY OF RANDOLPH ORDER Choose the decision. SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY KIMBERLY BUSH SPECIAL USE REQUEST #2024-00000061 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on May 16, 2024, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 7207 Erect Rd for the purpose indicated is hereby Choose the decision., subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD Choose the decision. THE APPLICATION FOR A SPECIAL USE PERMIT FOR KIMBERLY BUSH BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. That the use meets all required conditions and specifications. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. Page 74 of 146 IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on May 16, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 75 of 146 MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE 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 will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 76 of 146 MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY 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 of 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 and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 77 of 146 CASE SUMMARY FOR SPECIAL USE REQUEST #2024-00000855 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by RAEFORD DOUGLAS SPIVEY, Asheboro, NC, and their request to obtain a Special Use Permit at 6454 Clyde King Rd, Richland Township, Tax ID #7676908544, 15.10 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a third residence to be placed on the property as per the site plan. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. Page 78 of 146 OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affirmation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to testify on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you, God.” Page 79 of 146 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: NONE Class A Flood Plain On Prop?: NO 3710766600JFlood Plane Map #: Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO ALLOW A THIRD RESIDENCE TO BE PLACED ON THE PROPERTY Signature of Applicant: Timothy Mangum Authorized County Official Applicant: SPIVEY, RAEFORD City, St. Zip: ASHEBORO, NC 27203 Address: 529 HOOVER ST Owner: SPIVEY, RAEFORD DOUGLAS Address: 529 HOOVER ST City, St. Zip: ASHEBORO, NC 27203 Permit #: 2024-00000855 Parcel #: 7676908544 Date: 03/26/2024 Location Address: 6454 CLYDE KING RD SEAGROVE, NC 27341 Permit Type Code: PZ 3 CONTACT NAME:SPIVEY, RAEFORD Contact Phone:336 633-9737 Acreage: Township:15.1000 17 - RICHLAND Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 SPECIAL USE PERMIT APPLICATION Page 80 of 146 Spivey Special Use Permit Request Location Map BACHELORCREEK RD N E E D H A M S T R L CL Y D E K I N G R D 1 inch equals 750 feet Directions to site: US Hwy 220 S - (L) Old NC Hwy 13 - (R) Clyde King Rd - Site on (R) approx. 3 miles past Ridge Rd at 6454 Clyde King Rd. Page 81 of 146 Spivey Special Use Permit Request N EE D H A M STRL CL Y D E K I N G R D ForkCreek 1 inch equals 400 feet Needhams Mountain S/D Request location Legend Parcels Structures Type Permanent structure Temporary structure Roads USGS Streams 50 ft. stream buffer Flood plains County zoning Districts RA Page 82 of 146 Spivey Special Use Permit Request N EE D H A M STRL CL Y D E K I N G R D ForkCreek 1 inch equals 400 feet Needhams Mountain S/D Legend Parcels Structures Type Permanent structure Temporary structure Roads USGS Streams 50 ft. stream buffer Flood plains County zoning Districts RA Page 83 of 146 Spivey Special Use Permit Request C L Y D E K I N G R D 1 inch equals 200 feet Existing mobile home Legend Parcels Structures Type Permanent structure Temporary structure Roads County zoning Districts RA Existing site built home Location of proposed 3rd residence Page 84 of 146 Spivey Special Use Permit Request N EE D H A M STRL CL Y D E K I N G R D ForkCreek 1 inch equals 400 feet Legend Parcels Roads USGS Streams 50 ft. stream buffer Flood plains Page 85 of 146 Mabry, Deborah Y 386 Bill Land Dr Hoffman, NC 28347 Tave, Elena M (Tave, Gregory L) 33 Brown Rd Howell, Nj 07731 Robinson, Franz M 6372 Clyde King Rd Seagrove, NC 27341 Foland, Sonia Michelle (Foland, Rodney Harvey) 6451 Clyde King Rd Seagrove, NC 27341 Cunningham, Douglas Paul (Cunningham, Sandra D) 6478 Clyde King Rd Seagrove, NC 27341 Yow, Arnold Steven 6494 Clyde King Rd Seagrove, NC 27341 Yow, Barry Keith (Yow, Gwendolyn M) 6558 Clyde King Rd Seagrove, NC 27341 Yow, Barry Keith (Yow, Gwendolyn McBride) 6558 Clyde King Rd Seagrove, NC 27341 Lopez, Michelle 3178 Emerson Ave Palm Springs, Fl 33461 Spivey, Raeford Douglas 529 Hoover St Asheboro, NC 27203 Jaimes, Micaela Bustos (Jaimes, Agustin Jaimes) 2291 Mack Rd Asheboro, NC 27205 Page 86 of 146 COUNTY OF RANDOLPH SPECIAL USE PERMIT REMINDERS A Special Use Permit is a quasi-judicial action designated by the Randolph County Board of Commissioners to the Randolph County Planning Board. Special Use Permits only allow the specified use and the Randolph County Planning Board must find the following findings of fact: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. The use meets all required conditions and specifications as outlined in the Randolph County Unified Development Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Randolph County Unified Development Ordinance. Only testimony by “expert witnesses” that can prove their status as an expert witness can be considered by the Planning Board for approving or denying a Special Use Permit. In granting the Special Use Permit, the Planning Board may designate only those conditions as authorized by the North Carolina General Statutes. Any conditions shall be agreed to by the applicant or property owner in writing before the vote of the Planning Board for the conditions to be enforceable. When denying a Special Use Permit, the Board Member making the motion to deny the request should cite which of the above required findings of facts were NOT met. Page 87 of 146 COUNTY OF RANDOLPH ORDER Choose the decision. SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY RAEFORD DOUGLAS SPIVEY SPECIAL USE REQUEST #2024-00000855 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on May 16, 2024, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 6454 Clyde King Rd for the purpose indicated is hereby Choose the decision., subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD Choose the decision. THE APPLICATION FOR A SPECIAL USE PERMIT FOR RAEFORD DOUGLAS SPIVEY BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. That the use meets all required conditions and specifications. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. This conclusion is based on the following FINDINGS OF FACT: Page 88 of 146 Click here to enter findings of fact. IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on May 16, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 89 of 146 MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE 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 will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 90 of 146 MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY 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 of 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 and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 91 of 146 CASE SUMMARY FOR SPECIAL USE REQUEST #2024-00000892 The Randolph County Planning Board will hold a duly published and notified quasi-judicial hearing on the request by KRYSTAL POUNCEY, Thomasville, NC, and their request to obtain a Special Use Permit at 1842 Fuller Mill Rd N, Tabernacle Township, Lake Reese Balance Watershed, Tax ID #6794636233, 16.95 acres, RA - Residential Agricultural District. It is the desire of the applicant to obtain a Special Use Permit to specifically allow a second residence for a family member. ALL WITNESSES FOR SPECIAL USE PERMITS MUST BE SWORN IN BEFORE GIVING TESTIMONY. Page 92 of 146 OATH FOR QUASI-JUDICIAL HEARINGS (Special Use Permit Request, Variances or Appeals) NORTH CAROLINA RANDOLPH COUNTY Before opening the public hearing on a case, the Chair must administer an oath or affirmation to those wishing to speak on a specific case. (This oath is specified in NCGS 11-11.) The Chair should say, “The Planning Board will now hear testimony for and against this request. Anyone wishing to testify on this request must come forward and take the oath. Only those taking the oath may give testimony for this request. “Do you swear, or affirm, that the evidence you shall give to the Board in this action shall be the truth, the whole truth, and nothing but the truth, so help you, God.” Page 93 of 146 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: LAKE REESE WATERSHED Class A Flood Plain On Prop?: NO 3710679400JFlood Plane Map #: Total Permit Fee: $100.00 COMMENTS: The undersigned owner/applicant do hereby make application for a SPECIAL USE PERMIT as required by the Randolph Couty Zoning Ordinance. By making this application the owner/applicants acknowledge that no work may be done pursuant to a Special Use Permit issued by the County Planning Board except in accordance with all conditions that may be imposed by the Board. It is also acknowledged that any restrictions or conditions imposed shall be binding on the owner/applicants and their successors in interest. SPECIAL USE REQUESTED: TO ALLOW A SECOND RESIDENCE FOR FAMILY MEMBER Signature of Applicant: Timothy Mangum Authorized County Official Applicant: POUNCEY, KRYSTAL City, St. Zip: THOMASVILLE, NC 27360 Address: 7388 E HOLLY GROVE RD Owner: SMITH, JASON SCOTT Address: 7388 E HOLLY GROVE RD City, St. Zip: THOMASVILLE, NC 27360 Permit #: 2024-00000892 Parcel #: 6794636233 Date: 04/01/2024 Location Address: 1842 FULLER MILL RD N THOMASVILLE, NC 27360 Permit Type Code: PZ 3 CONTACT NAME:POUNCEY, KRYSTAL Contact Phone:336 561-9114 Acreage: Township:16.9500 18 - TABERNACLE Subdivsion: Lot number: SPECIAL USE PERMIT APPLICATION Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 SPECIAL USE PERMIT APPLICATION Page 94 of 146 Pouncey Special Use Permit Request Location Map TABERNA C L E C H U R C H R D FINCH FARM RD FULLERMILLRDN 1 inch equals 750 feet Directions to site: US Hwy 64 W - (R) Fuller Mill Rd N - Site on (R) approx. 8/10 mile past Old Post Office Rd at 1842 Fuller Mill Rd N. Page 95 of 146 Pouncey Special Use Permit Request FULLERMILLRDN The request is located in Lake Reese Watershed Area. 1 inch equals 500 feet Rezoned for 3 lot subdivision (2002)Rezoned for 3 lot subdivision (2002) Request location Legend Parcels Structures Type Permanent structure Temporary structure Roads USGS Streams 50 ft. stream buffer County zoning Districts CVOE RA RLOE Page 96 of 146 Pouncey Special Use Permit Request FULLERMILLRDN The request is located in Lake Reese Watershed Area. 1 inch equals 500 feet Legend Parcels Structures Type Permanent structure Temporary structure Roads USGS Streams 50 ft. stream buffer County zoning Districts CVOE RA RLOE Page 97 of 146 Pouncey Special Use Permit Request FULLERMILLRDN The request is located in Lake Reese Watershed Area. 1 inch equals 275 feet Legend Parcels Roads USGS Streams 50 ft. stream buffer Page 98 of 146 Pouncey Special Use Permit Request Picture 1: Request location. Picture 2: Adjacent residence. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward Finch Farm Rd. Picture 6: Request location on right as seen looking toward Chipper Trl. Page 99 of 146 Lambeth, Carl Max Trustee (Lambeth, Wanda G Trustee) Po Box 829 Trinity, NC 27370 Underwood, Edwin (Underwood, Monica) 6422 Derby Way Trinity, NC 27370 Smith, Jason Scott (Pouncey, Krystal Lee) 7388 E Holly Grove Rd Thomasville, NC 27360 Dulin, David P (Dulin, Shana H) 1946 Finch Farm Rd Trinity, NC 27370 Lundy, Dorsey A (Lundy, Penelope T) 2006 Fuller Mill Rd Thomasville, NC 27360 Sprigle, Donald 2008 Fuller Mill Rd Thomasville, NC 27360 Helton, Ralph (Helton, Sandra G) 2040 Fuller Mill Rd Thomasville, NC 27360 Saunders, Barbara J 1822 Fuller Mill Rd N Thomasville, NC 27360 Younts, Sandra Lynn 1895 Fuller Mill Rd N Thomasville, NC 27360 Beach, Donna Rae 1927 Fuller Mill Rd N Thomasville, NC 27360 Jessup, Wilbur Eugene Heirs 1946 Fuller Mill Rd N Thomasville, NC 27360 Hill, Brian Lee (Hill, Donna S) 2082 Fuller Mill Rd N Thomasville, NC 27360 Helton, Ralph III (Carver, Ashley Marie) 3781 Fuller Mill Rd N Thomasville, NC 27360 Younts, Baxter Paul Jr (Younts, Linda T) 101 Hillcrest St Manning, SC 29102 Page 100 of 146 COUNTY OF RANDOLPH SPECIAL USE PERMIT REMINDERS A Special Use Permit is a quasi-judicial action designated by the Randolph County Board of Commissioners to the Randolph County Planning Board. Special Use Permits only allow the specified use and the Randolph County Planning Board must find the following findings of fact: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; 2. The use meets all required conditions and specifications as outlined in the Randolph County Unified Development Ordinance; 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Randolph County Unified Development Ordinance. Only testimony by “expert witnesses” that can prove their status as an expert witness can be considered by the Planning Board for approving or denying a Special Use Permit. In granting the Special Use Permit, the Planning Board may designate only those conditions as authorized by the North Carolina General Statutes. Any conditions shall be agreed to by the applicant or property owner in writing before the vote of the Planning Board for the conditions to be enforceable. When denying a Special Use Permit, the Board Member making the motion to deny the request should cite which of the above required findings of facts were NOT met. Page 101 of 146 COUNTY OF RANDOLPH ORDER Choose the decision. SPECIAL USE PERMIT IN THE MATTER OF THE APPLICATION FOR SPECIAL USE PERMIT BY KRYSTAL POUNCEY SPECIAL USE REQUEST #2024-00000892 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD Having heard all the evidence and argument presented at the hearing on May 16, 2024, the Randolph County Planning Board finds that the application is complete, that the application complies with all of the applicable requirements of the Randolph County Unified Development Ordinance for the development proposed, and that therefore the application to make use of the property located at 1842 Fuller Mill Rd N for the purpose indicated is hereby Choose the decision., subject to all applicable provisions of the Randolph County Unified Development Ordinance. HAVING CONSIDERED ALL THE EVIDENCE PRESENTED, THE RANDOLPH COUNTY PLANNING BOARD Choose the decision. THE APPLICATION FOR A SPECIAL USE PERMIT FOR KRYSTAL POUNCEY BASED UPON THE FOLLOWING: 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 2. That the use meets all required conditions and specifications. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Growth Management Plan for Randolph County. This conclusion is based on the following FINDINGS OF FACT: Click here to enter findings of fact. Page 102 of 146 IN WITNESS WHEREOF, the Randolph County Planning Board has caused this Special Use Permit to be issued in its name and the property owners do hereby accept this Special Use Permit, together with all its conditions as binding on them and their successors in interest. Adopted on May 16, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 103 of 146 MOTION TO APPROVE SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE 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 will not materially endanger the public health or safety, the use meets all required conditions and specifications, the use will not substantially injure the value of adjoining property, that the use is a public necessity and the location and character of the use if developed according to the plan(s) as submitted and approved, will be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 104 of 146 MOTION TO DENY SPECIAL USE PERMIT NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY 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 of 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 and approved, or will not be in harmony with the area and in general conformity with the Randolph County Unified Development Ordinance.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 105 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 1 of 5 RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2024-00000767 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by COLLINS & LINEBERRY CONSTRUCTION, Liberty, NC, and their request to rezone 6.89-acres on Low Bridge Rd, Columbia Township, Sandy Creek Critical Area Watershed, Tax ID #8704315721, Rural Growth Area, from RA - Residential Agricultural District to RLOE-CD - Rural Lot Subdivision Overlay Exclusive - Conditional District. The proposed Conditional Zoning District would specifically allow the division of lot number three of the existing minor subdivision which would result in a fourth lot being created. GENERAL INFORMATION Property Owner: Collins & Lineberry Construction Hearing Type: Legislative Small Area Plan: None Flood Plain Overlay: None Airport Overlay: None Existing Use: Single-family residential SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Single-family residential South RM-CD - Residential Mixed - Conditional District Single-family residential East RA - Residential Agricultural District Single-family residential West RA - Residential Agricultural District Single-family residential Page 106 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 2 of 5 TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation (NCDOT): A driveway permit has been issued by NCDOT. ZONING INFORMATION Zoning History: There is no history of a rezoning, Variance or Special Use Permit at the request location. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 614 (ex. Fencing, buffers, etc.): RLO: RURAL LOT SUBDIVISION OVERLAY DISTRICT (1) PURPOSE AND USES PERMITTED The purpose of the Rural Lot Subdivision Overlay District is to create a development option where subdivided residential lots, because of their size, offer opportunities for preserving unique and sensitive environmental features, as well as the scenic and historic character of areas. Rural Lot Subdivisions offer to maximize infiltration of precipitation to a private well water field to ensure sustainable well water supplies. Housing characteristics within the RLO district will be designated Exclusive (RLOE), Restricted (RLOR), or Mixed (RLOM) in conformance with other major subdivision zoning districts. This district is primarily designed for Rural Growth Areas as reflected in the Randolph County Growth Management Plan. The Rural Lot Subdivision Overlay District shall be considered as an overlay district to the existing zoning districts. Uses permitted within the underlying district shall be permitted provided they meet the requirements within the overlay zone subject to the restrictions provided by this section. (2) RURAL LOT SUBDIVISION DEVELOPMENT STANDARDS Lot sizes for any lots in a Rural Lot Subdivision shall be a minimum of three acres. The lots shall not have a lot depth-to-lot width ratio greater than four times the width at the minimum front street setback. Lots in Rural Lot Subdivisions are prohibited against further subdivisions. (3) SITING ON PUBLIC ROADWAYS AND ADJACENT RURAL ZONING DISTRICTS Page 107 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 3 of 5 Rural lot subdivisions shall be sited in such a way as to be not fully visible from the primary thoroughfare. Natural features such as tree stands and slight rises in topography shall be retained to afford a rural landscape to adjoining residential zoning districts and existing roads. (4) DEVELOPMENT CONSIDERATIONS Preserve scenic views and elements of Randolph County’s rural character by minimizing perceived density by minimizing views of new development from existing roads using natural buffers and open space. (a) Preserve open land, including those areas that contain unique and sensitive features such as natural areas, streams, wetlands, and flood plains. (b) Minimize site disturbance and erosion through the retention of existing vegetation. (c) New driveway connections shall be designed in a way to minimize new locations on existing public roads. (d) Site plans shall be submitted to reduce stormwater impact by designing new development in a manner that minimizes concentrated stormwater flows using as a minimum vegetated buffer area. (e) The development shall be designed to limit disturbance in the following areas: (i) Land within a floodway; (ii) Wetlands; (iii) Groundwater recharge areas; or (iv) Critical ecological areas. TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION The Technical Review Committee has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; Page 108 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 4 of 5 • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting the above conclusion. Policy 2.1 (d) 1: The purpose of the Rural Lot Subdivision Overlay District is to create a development option where subdivided residential lots, because of their size, offer opportunities for preserving unique and sensitive environmental features, as well as the scenic and historic character of areas. Consistency Analysis: This site is located in the Sandy Creek Protected Watershed Area and is close to the Sandy Creek Reservoir. By allowing the division of property as shown on the provided site plan, the lots would “offer opportunities for preserving unique and sensitive environmental features” like the Sandy Creek Reservoir while also allowing the property owner to develop the property. Policy 2.5: The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: By approving this request, the Planning Board is protecting the existing neighborhoods and subdivisions around the request location by allowing “compatible residential development” and also adding to the housing marking in the County. Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. It should be noted that this recommendation is only the opinion of the Technical Review Committee based on information supplied by the applicant before the public hearing. Additional information provided at the public hearing could cause the Planning Board to either accept or reject these recommendations. Page 109 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 5 of 5 Page 110 of 146 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: RA-RESIDENTIAL AGRICULTURAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: SANDY CREEK WATER QUALITY CRITICAL AREA Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710870400J Growth Management Areas:RURAL GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 6.9000 Lot Size Indicator: ACRE(S) Proposed Zoning District: RLOE-CD-RURAL LOT SUBDIVISION OVERLAY EXCLUSIVE CONDITIONAL DISTRICT Proposed Use(S): SUBDIVIDING EXISTING LOT #3 THAT WILL RESULT IN A 4TH LOT BEING CREATED Condition(S): SITE BUILT HOMES ONLY Applicant: COLLINS & LINEBERRY CONSTRUCTION City, St. Zip: LIBERTY, NC 27298 Address: 6841 LAYTON RD Owner: COLLINS & LINEBERRY CONSTRUCTION Address: 6841 LAYTON RD City, St. Zip: LIBERTY, NC 27298 Permit #: 2024-00000767 Parcel #: 8704315721 Date: 03/18/2024 Location Address: 2541 LOW BRIDGE RD LIBERTY, NC 27298 Permit Type Code: PZ 2 CONTACT NAME: RUSSELL LINEBERRY OR JASON COLLINS Contact Phone:336 669-6910 COLLINS & LINEBERRY CONSTRUCTION 3 Acreage: Township:6.8900 06 - COLUMBIA Subdivsion: Lot number: Melissa Burkhart Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Page 111 of 146 Collins & Lineberry Construction Rezoning Request Location Map LOW BRIDG E R D SANDYRIDGEDR 1 inch equals 500 feet Directions to site: NC Hwy 49 N - (L) Low Bridge Rd - Site on (L) just past Sandy Ridge Dr at 2541 Low Bridge Rd. Page 112 of 146 Collins & Lineberry Construction Rezoning Request L OW B RI D GE R D SANDYRIDGEDR Sandy Cre ekSandyCreek Sandy Creek S a n d y Creek The request is located in Sandy Creek Critical Watershed Area. 1 inch equals 400 feet Sandy Ridge S/D (1997) Patterson Ridge Estate S/D (2002) Request location Legend Parcels Structures Type Permanent structure Temporary structure Roads USGS Streams 50 ft. stream buffer Flood plains Sandy Creek Reservoir Town of Ramseur Zoning County zoning Districts RA RLOR RM Page 113 of 146 Page 114 of 146 Collins & Lineberry Construction Rezoning Request L OW B RI D GE R D SANDYRIDGEDR Sandy Cre ekSandyCreek Sandy Creek S a n d y Creek The request is located in Sandy Creek Critical Watershed Area. 1 inch equals 400 feet Legend Parcels Structures Type Permanent structure Temporary structure Roads USGS Streams 50 ft. stream buffer Flood plains Sandy Creek Reservoir Town of Ramseur Zoning County zoning Districts RA RLOR RM Page 115 of 146 Collins & Lineberry Construction Rezoning Request S A N D Y R I D GEDR L O W B R I D G E R D S a n d y C r e e k The request is located in Sandy Creek Critical Watershed Area. 1 inch equals 200 feet Legend Parcels Roads USGS Streams 50 ft. stream buffer Flood plains Page 116 of 146 Collins & Lineberry Construction Rezoning Request RIDGEWO OD RD LOW BRIDGE R D HARDINELLIS O N R D SANDYRIDGEDR The request is located in Sandy Creek Critical Watershed Area. 1 inch equals 1,000 feet Legend Roads Growth Management Municipal Growth Area Secondary Growth Area Rural Growth Area Page 117 of 146 Collins & Lineberry Rezoning Request Picture 1: Request location. Picture 2: Existing residence at request location. Picture 3: Adjacent residence. Picture 4: Adjacent residence. Picture 5: Request location on left as seen looking toward Hardin Ellison Rd. Picture 6: Request location on right as seen looking toward Sandy Ridge Dr. Page 118 of 146 Pedersen, Bruce D (Pedersen, Jennifer F) 7231 Bethel South Fork Rd Graham, NC 27253 Collins and Lineberry Construction 6841 Layton Rd Liberty, NC 28298 Collins and Lineberry Construction 6841 Layton Rd Liberty, NC 28298 Moore, Marshall Allen 2502 Low Bridge Rd Liberty, NC 27298 Smith, Jeffrey Lamont 1709 Sandy Ridge Dr Liberty, NC 27298 Butcher, Bobby G (Butcher, Sherry A) 1729 Sandy Ridge Dr Liberty, NC 27298 Page 119 of 146 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY COLLINS & LINEBERRY CONSTRUCTION REZONING REQUEST #2024-00000767 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to RLOE-CD - Rural Lot Subdivision Overlay Exclusive - Conditional District as described in the application of Collins & Lineberry Construction are consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Rural Growth Area which generally is characterized by traditional agricultural operations, pasture land, forestry, rural lot residential subdivisions, and open space scattered non-form residences on large tracts of land. B. Consistency with Growth Policies in the Growth Management Plan Policy 2.1 (d) 1: The purpose of the Rural Lot Subdivision Overlay District is to create a development option where subdivided residential lots, because of their size, offer opportunities for preserving unique and sensitive environmental features, as well as the scenic and historic character of areas. Consistency Analysis: This site is located in the Sandy Creek Protected Watershed Area and is close to the Sandy Creek Reservoir. By allowing the division of property as shown on the provided site plan, the lots would “offer opportunities for preserving unique and sensitive environmental features” like the Sandy Creek Reservoir while also allowing the property owner to develop the property. Page 120 of 146 Policy 2.5: The protection of viable rural neighborhoods should be encouraged by compatible residential development to ensure the continued existence as a major housing source and as a reflection of the long-term quality of life in Randolph County. Consistency Analysis: By approving this request, the Planning Board is protecting the existing neighborhoods and subdivisions around the request location by allowing “compatible residential development” and also adding to the housing marking in the County. 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on May 16, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 121 of 146 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY COLLINS & LINEBERRY CONSTRUCTION WHEREAS, a 6.89-acre parcel, having the Randolph County Parcel Identification Number of 8704315721 is currently zoned RA - Residential Agricultural District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on May 16, 2024, to consider the proposed rezoning on application number 2024- 00000767, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to RLOE-CD - Rural Lot Subdivision Overlay Exclusive - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on May 16, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 122 of 146 MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 123 of 146 MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 124 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 1 of 5 RANDOLPH COUNTY TECHNICAL REVIEW COMMITTEE REPORT AND MAP AMENDMENT EVALUATION APPLICATION #2024-00000895 The Randolph County Planning Board will hold a duly published and notified legislative hearing on the request by HARDIN II, LLC, Liberty, NC, and their request to amend the Conditional District Permit on 16.70-acres at 2604 Old 421 Rd, Columbia Township, Rocky River Balance Watershed, Tax ID #8735602322, Rural Growth Area, from HC-CD - Highway Commercial - Conditional District to HC-CD - Highway Commercial - Conditional District. The proposed amendment to the existing Conditional Zoning District would specifically allow an additional sixty-foot by two-hundred-foot building for mini- warehouse storage as per the site plan. GENERAL INFORMATION Property Owner: Hardin II, LLC Hearing Type: Legislative Small Area Plan: None Flood Plain Overlay: None Airport Overlay: None Existing Use: Mini-warehouse storage buildings SITE INFORMATION AND SURROUNDING LAND USES Direction Adjacent Zoning Adjacent Land Use North RA - Residential Agricultural District Single-family residential South RA - Residential Agricultural District Single-family residential East Town of Staley Single-family residential West LI - Light Industrial District Industrial development Page 125 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 2 of 5 TRANSPORTATION INFORMATION Information from North Carolina Department of Transportation (NCDOT): NCDOT issued a driveway permit in April 2022, for a site plan showing three storage buildings and it included a comment from NCDOT stating that the driveway will need to have a paved apron. Since that time, two additional buildings have been constructed and they are requesting another building. If approved, NCDOT will not require a driveway permit for this site but a paved driveway apron will need to be constructed based upon the additional traffic. ZONING INFORMATION Zoning History: The property was originally rezoned to HC-CD – Highway Commercial – Conditional District in 1999 to allow a mobile home sales and service lot. The property was rezoned in 2019 to HC-CD – Highway Commercial – Conditional District to allow three mini-warehouse storage buildings as per the site plan. The last rezoning was done in 2022 to HC-CD – Highway Commercial – Conditional District to amend the existing Conditional District Permit to allow for two additional mini-warehouse storage buildings as per the site plan. Proposed Zoning District Standards from the Randolph County Unified Development Ordinance, Article 600, Section 613 (ex. Fencing, buffers, etc.): HC: HIGHWAY COMMERCIAL DISTRICT PURPOSE The purpose of the Highway Commercial (HC) District is to provide a place in which the principal use of land is for the retailing of durable goods, the provision of commercial services to industrial areas, and the provision of services to tourists. DIMENSIONAL STANDARDS FOR PRIMARY STRUCTURE Lot size with a minimum of 100 ft. of State road frontage 40,000 sq. ft. Water Quality Critical Area: 80,000 sq. ft. Lot size with less than 100 ft. of State road frontage 5 acres Lot width 100 ft. at building line Front setback 35 ft. from any road right-of-way Corner side setback 35 ft. from any road right-of-way Side setback 10 ft. from any side property line Rear setback 30 ft. from the rear property line Page 126 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 3 of 5 DIMENSIONAL STANDARDS FOR ACCESSORY STRUCTURES Road setback 20 ft. from any road right-of-way Property line setback 5 ft. from any property line DIMENSIONAL STANDARDS NOTES 1. Lot areas and setbacks shall be increased if required by Randolph County Public Health. 2. Lot areas in designated Watersheds and Protected Areas are controlled by the Randolph County Watershed Protection Regulations. 3. Front yard setback shall be maintained on all road rights-of-way. 4. Minimum lot size requirements within Primary Growth Areas may be reduced to a minimum of 30,000 sq. ft. or 20,000 sq. ft. with public utilities. 5. The minimum lot size requirements within Rural Growth Areas are 3 acres. 6. Lots in major subdivisions within Rural Growth Areas must maintain a 1:4 ratio. 7. The minimum lot size requirements within the Natural Heritage Overlay are 6 acres. 8. Conditional Districts are identical to the general use districts except for site plans and individualized development conditions are imposed only upon the signed petition of all owners of the land to be included in the Conditional District. TECHNICAL REVIEW COMMITTEE ANALYSIS AND RECOMMENDATION The Technical Review Committee has reviewed this request finds that this request: • Meets all technical requirements of both the Ordinance and the Plan; • Is consistent, reasonable, and in the public interest; and • Should be APPROVED by the Randolph County Planning Board. The following policies from the Randolph County Growth Management Plan were identified by the Technical Review Committee as supporting the above conclusion. The Technical Review Committee (TRC) has reviewed the use of the property as it relates to the Randolph County Growth Management Plan. Before the adoption of the updated Randolph County Growth Management Plan in October 2023, this property was located in a Primary Growth Area but after the public hearing, the Board of Commissioners changed the growth area in the area to be Rural Growth Area thereby making the existing use of the property for mini-warehouse storage buildings to be an incompatible use based on the land-use plan. The TRC noted that the location for the request is split by the Primary Growth Area along the north side of the property with the balance of the property being in the Rual Growth Area. The TRC also noted that the request location is surrounded by Primary Growth Area to the north along US Hwy 421 and Municipal Growth Area to the east within the municipal limits of the Town of Staley. Per North Carolina General Statute 160D and the Randolph County Unified Development Ordinance, Article 400, Section 412, “If the (zoning map) amendment is adopted and the Page 127 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 4 of 5 action is deemed inconsistent with the adopted plan, the zoning (map) amendment shall have the effect of also amending any future land-use map in the approved plan and no additional request or application for a plan amendment shall be required.” In essence, based on the current Randolph County Growth Management Plan, if the Planning Board votes to amend the existing Conditional District Permit to allow the additional mini-warehouse building, the Randolph County Growth Management Plan will automatically be amended to make the use of the property “consistent and reasonable.” Policy 3.1(c): Commercial uses should be encouraged or incentivized to develop by consolidation and/or further development of existing commercially zoned property when developed in a manner that lessens the effect of incompatibility with adjoining residential and rural land uses. The County recommends that developers submit plans that address the management of increased traffic, parking, and lighting plans to ensure compatibility with the surrounding community.” Consistency Analysis: As stated previously on page two, this property was originally rezoned to Highway Commercial – Conditional District in 1999 to allow a mobile home sales and service lot. The property was rezoned in 2019 to HC-CD – Highway Commercial – Conditional District to allow three mini-warehouse storage buildings as per the site plan. The proposed addition of another mini-warehouse storage building is consistent and reasonable as it will allow the continuation of the existing business. Policy 3.2: Highway-oriented commercial uses should be clustered along segments or arterial streets and contain land uses that are mutually compatible and reinforcing in use and design. They should be designed in a way that minimizes signage, access points, and excessive lengths of commercial strip development while integrating with adjacent existing commercial or residential uses via trails and streets that support walking and bicycling safety.” Consistency Analysis: As previously stated, this use began on this property in 2019 and has continued to grow since that time. There have been no complaints received by the Planning staff and by continuing the development at this location, the request will limit the “signage, access points, and excessive lengths of commercial strip development.” Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Page 128 of 146 Technical Review Committee Report and Map Amendment Evaluation Page 5 of 5 It should be noted that this recommendation is only the opinion of the Technical Review Committee based on information supplied by the applicant before the public hearing. Additional information provided at the public hearing could cause the Planning Board to either accept or reject these recommendations. Page 129 of 146 PARCEL INFORMATION: ZONING INFORMATION: Zoning District 1: HC-CD-HIGHWAY COMMERCIAL CONDITIONAL DISTRICT Zoning District 2: Zoning District 3: Specialty District: N/A Watershed Name: ROCKY RIVER WATERSHED Class A Flood Plain On Prop?: NO Flood Plain Map #: 3710872400K Growth Management Areas:RURAL GROWTH AREA Flood Plane Map #: Total Permit Fee: $100.00 COMMENTS: REQUESTED CHANGE: The undersigned owner/applicant do hereby make application for a PROPERTY ZONING CHANGE as allowed by the Randolph Couty Zoning Ordinance. Area To Be Rezoned: 16.7000 Lot Size Indicator: ACRE(S) Proposed Zoning District: HC-CD-HIGHWAY COMMERCIAL CONDITIONAL DISTRICT Proposed Use(S): TO AMEND EXISTING CONDITIONAL PERMIT TO ALLOW AN ADDITIONAL 60 FT BY 200 FT BUILDING FOR MINI-WAREHOUSE STORAGE AS PER THE SITE PLAN Condition(S): Applicant: HARDIN II LLC City, St. Zip: LIBERTY, NC 27298 Address: P O BOX 400 Owner: HARDIN II LLC Address: P O BOX 400 City, St. Zip: LIBERTY, NC 27298 Permit #: 2024-00000895 Parcel #: 8735602322 Date: 04/01/2024 Location Address: 2604 OLD 421 RD STALEY, NC 27355 Permit Type Code: PZ 2 CONTACT NAME:HARDIN, BILLY Contact Phone:336 202-9855 Acreage: Township:16.7000 06 - COLUMBIA Subdivsion: Lot number: Timothy Mangum Authorized County Official Signature of Applicant: APPLICATION FOR ZONING CHANGE Page: 1 of 1 - LOCAL TELEPHONE NUMBER - Asheboro: (336) 318-6565 - Archdale/Trinity: (336) 819-3565 http://www.randolphcountync.gov COUNTY OF RANDOLPH Department of Planning & Zoning 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 APPLICATION FOR ZONING CHANGE Page 130 of 146 Hardin II, LLC, Rezoning Request Location Map O LD 4 2 1 R D PI K E F A R M R D US H W Y 4 2 1 US421NBONRAMPOLD 421 RD G R A Y F O X L N US421SBEXITR A M P O L D 4 2 1 R D US421NBEXIT R A M P O L D 4 2 1 R D US421SBONRA M P OLD 421 R D 1 inch equals 500 feet Staley KÈ KÈ Directions to site: US Hwy 421 N - (R) Old 421 Rd Exit Ramp - (L) Old 421 Rd - Site on (L) just past bridge at 2604 Old 421 Rd. Page 131 of 146 Hardin II, LLC, Rezoning Request O L D 421 R D G R A Y F O X L N U S 4 2 1 S B E XIT R A M POLD421RD U S 4 2 1 N B EXIT R A M P OLD 421 RD US421SBO N RA M P O LD 421 R D US H W Y 4 2 1 The request is located in Rocky River Watershed Area. 1 inch equals 400 feet Hunters Cove S/D Rezoned in 2006 Tarnik Funds Rezoning (2022)KÈ KÈLegend Parcels Structures Type Permanent structure Temporary structure Roads USGS Streams 50 ft. stream buffer Town of Staley County zoning Districts HC HI LI RA Request location Page 132 of 146 Page 133 of 146 Hardin II, LLC, Rezoning Request O L D 421 R D G R A Y F O X L N U S 4 2 1 S B E XIT R A M POLD421RD U S 4 2 1 N B EXIT R A M P OLD 421 RD US421SBO N RA M P O LD 421 R D US H W Y 4 2 1 The request is located in Rocky River Watershed Area. 1 inch equals 400 feet Hunters Cove S/D Rezoned in 2006 Tarnik Funds Rezoning (2022)KÈ KÈLegend Parcels Structures Type Permanent structure Temporary structure Roads USGS Streams 50 ft. stream buffer Town of Staley County zoning Districts HC HI LI RA Page 134 of 146 Hardin II, LLC, Rezoning Request O L D 421 R D G R A Y F O X L N U S 4 2 1 S B E XIT R A M POLD421RD U S 4 2 1 N B EXIT R A M P OLD 421 RD US421SBO N RA M P O LD 421 R D US H W Y 4 2 1 The request is located in Rocky River Watershed Area. 1 inch equals 400 feet Hunters Cove S/D Rezoned in 2006 Tarnik Funds Rezoning (2022)KÈ KÈ Legend Parcels Roads USGS Streams 50 ft. stream buffer Page 135 of 146 Hardin II, LLC, Rezoning Request O L D 4 2 1 R D PIKE FARM RD DOE RUN TRL G R A Y F O X LN US421NBONRAMPOLD421RD US421SB E XIT R A M P O L D 421RD US421 N B E XIT R A M P O LD 421 RD US421SBON RA M P OLD 4 2 1 R D US H W Y 4 2 1 Legend Roads Growth Management Municipal Growth Area Primary Growth Area Rural Growth Area Page 136 of 146 Hardin, II, LLC, Rezoning Request Picture 1: Request location. Picture 2: Adjacent commercial operation. Picture 3: Adjacent commercial operation. Picture 4: Adjacent residence. Picture 5: Request location on right as seen looking toward US Hwy 421. Picture 6: Request location on left as seen looking toward Doe Run Trl. Page 137 of 146 4/1/2024 Randolph County GIS Current Owner Information Randolph County, Its Agents and Employees make not warranty to the correctness of the information set forth on this document. PIN TAX_ACRES DESCRIPTION DEED_BOOK/PAGE OWNER ADDRESS ADDRESS2 CITY_STATE_ZIP 8734595597 11.52 R1006;W 002792/00909 TARNIK FUNDS LLC 28634 CLEAR WOODS DR SPRING, TX 77386 8734599774 1.04 R421;E 001999/00605 TURNER, JOSEPH VAN (TURNER, JOAN) BOX 84 STALEY, NC 27355 8734693754 2.26 R421;E NO RD FRTG 00016E/00464 TURNER, PEGGY P O BOX 84 STALEY, NC 27355 8734697834 5.27 HUNTER'S COVE;L10 MP6 002294/00427 DELANEY, KATHERINE HEIRS 2535 GRAY FOX LN STALEY, NC 27355 8735429508 13.51 J HAMPTON PIKE;L1 001713/00720 PIKE, J HAMPTON TRUSTEE 2867 PIKE FARM RD STALEY, NC 27355 8735501749 14.1 R421;W 001200/02001 K & B REALTY CO 6108 GOLD DUST TL GREENSBORO, NC 27455 8735503155 64.31 OLD 421;W 001519/00716 PILGRIMS PRIDE CORPORATION OF GEORGIA INC 1770 PROMONTORY CIRCLE GREELEY, CO 80634 8735527550 24.98 R1006;E 002005/01803 HILL, JANET PIKE 2841 PIKE FARM RD STALEY, NC 27355 8735602322 16.7 R421;S 002653/00509 HARDIN II LLC PO BOX 400 LIBERTY, NC 27298 8735617650 11.71 R421;N 002743/01835 PIKE, J HAMPTON TRUSTEE 2867 PIKE FARM RD STALEY, NC 27355 8735704693 5.4 R421;BOTH SIDES 002667/00276 MCMASTERS, JAMES HOWARD (MCMASTERS, JASON HOWARD) 2706 WILPAR DR GREENSBORO, NC 27406 8735716825 22.15 R421;E 001640/00897 HILL, JESSICA MARIE P O BOX 548 LIBERTY, NC 27298 8735821057 29.08 R421;E 001535/01008 HILL, JANET PIKE 2841 PIKE FARM RD STALEY, NC 27355 Page: 1 of 1Page 138 of 146 EX I S T I N G C O N D I T I O N A L D I S T R I C T P E R M I T COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 LOCAL TELEPHONE NUMBER Asheboro (336) 318-6555 ● Archdale/Trinity: (336) 819-3555 http://www.randolphcountync.gov CONDITIONAL DISTRICT PERMIT Page 1 of 1 CONDITIONAL DISTRICT PERMIT Applicant: LOWE,BARBARA Date: 11/1/1999 Address: 5524 EULIS RD Parcel #: 8735602322 City, St Zip: LIBERTY, NC 27298 Permit #: 9902857 Permit Type Code: PZ 2 Owner: G O HOLT Address: 5255 NC 49 S City, ST ZIP: BURLINGTON, NC 27215 CONTACT INFORMATION: Contact Name: LOWE,BARBARA Contact Phone Number: 565-8393 LOCATION INFORMATION: Township: (06) COLUMBIA Subdivision name: Subdivision lot #: Address: , ZONING INFORMATION: Zoning District: HIGHWAY COMMERCIAL – CONDITIONAL DISTRICT Growth Management Area: N/A Specialty District: N/A Watershed Name: ROCKY RIVER WATERSHED Class A Flood Plain On Prop? N/A Area rezoned: 16.70 A USE/CONDITIONS:(1)--TO OPERATE A MOBILE HOME SALES & SERVICE LOT; (2)--WATERSHED SITE PLAN MUST BE SUBMITTED & APPROVED BY PLANNING DEPT PRIOR TO ISSUANCE OF ANY CONSTRUCTION PERMITS CONVERTED DATA PLANNING & ZONING BOARD APPROVAL DATE: 10/05/1999 This CONDITIONAL ZONING DISTRICT as described in the public hearing and reflected in the official minutes of the proceedings and subject to all applicable provisions agreed upon by the applicant and the Randolph County Planning Board is hereby approved.The applicant shall complete the development in accordance with the plans and conditions approved by this Board, a copy of which is filed in the County Planning Department. ________________________________________________________________________________________ RANDOLPH COUNTY NORTH CAROLINA _______________________________________ _______________________________________ Planning & Development Director Date Page 139 of 146 EX I S T I N G C O N D I T I O N A L D I S T R I C T P E R M I T COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 LOCAL TELEPHONE NUMBER Asheboro (336) 318-6555 ● Archdale/Trinity: (336) 819-3555 http://www.randolphcountync.gov CONDITIONAL DISTRICT PERMIT Page 1 of 1 CONDITIONAL DISTRICT PERMIT Applicant: HARDIN II LLC. Date: 11/7/2019 Address: P.O. BOX 400 Parcel #: 8735602322 City, St Zip: LIBERTY, NC 27298 Permit #: 2019-00002774 Permit Type Code: PZ 2 Owner: HARDIN II LLC Address: P O BOX 400 City, ST ZIP: LIBERTY, NC 27298 CONTACT INFORMATION: Contact Name: BILLY HARDIN Contact Phone Number: 336 202-9855 LOCATION INFORMATION: Township: (06) COLUMBIA Subdivision name: Subdivision lot #: Address: 2604 OLD 421 RD STALEY, NC 27355 ZONING INFORMATION: Zoning District: HIGHWAY COMMERCIAL – CONDITIONAL DISTRICT Growth Management Area: PRIMARY GROWTH AREA Specialty District: N/A Watershed Name: ROCKY RIVER WATERSHED Class A Flood Plain On Prop? NO Area rezoned: 16.70 A USE/CONDITIONS:THREE MINI WAREHOUSE STORAGE BUILDINGS AS PER SITE PLAN PLANNING & ZONING BOARD APPROVAL DATE: 11/05/2019 This CONDITIONAL ZONING DISTRICT as described in the public hearing and reflected in the official minutes of the proceedings and subject to all applicable provisions agreed upon by the applicant and the Randolph County Planning Board is hereby approved.The applicant shall complete the development in accordance with the plans and conditions approved by this Board, a copy of which is filed in the County Planning Department. ________________________________________________________________________________________ RANDOLPH COUNTY NORTH CAROLINA _______________________________________ _______________________________________ Planning & Development Director Date Page 140 of 146 EX I S T I N G C O N D I T I O N A L D I S T R I C T P E R M I T COUNTY OF RANDOLPH Department of Planning & Development 204 E Academy St - PO Box 771 - Asheboro NC 27204-0771 LOCAL TELEPHONE NUMBER Asheboro (336) 318-6555 ● Archdale/Trinity: (336) 819-3555 http://www.randolphcountync.gov CONDITIONAL DISTRICT PERMIT Page 1 of 1 CONDITIONAL DISTRICT PERMIT Applicant: HARDIN II LLC Date: 4/6/2022 Address: P.O. BOX 400 Parcel #: 8735602322 City, St Zip: LIBERTY, NC 27298 Permit #: 2022-00000310 Permit Type Code: PZ 2 Owner: HARDIN II LLC Address: P O BOX 400 City, ST ZIP: LIBERTY, NC 27298 CONTACT INFORMATION: Contact Name: HARDIN, BILLY Contact Phone Number: 919 799-7739 LOCATION INFORMATION: Township: (06) COLUMBIA Subdivision name: Subdivision lot #: Address: 2604 OLD 421 RD STALEY, NC 27355 ZONING INFORMATION: Zoning District: HIGHWAY COMMERCIAL-CONDITIONAL DISTRICT Growth Management Area: PRIMARY GROWTH AREA Specialty District: 0 Watershed Name: ROCKY RIVER WATERSHED Class A Flood Plain On Prop? NO Area rezoned: 16.70 A USE/CONDITIONS:TO AMEND THE EXISTING CONDITIONAL DISTRICT PERMIT TO ALLOW FOR TWO ADDITIONAL MINI WAREHOUSE STORAGE BUILDINGS AS PER THE SITE PLAN PLANNING & ZONING BOARD APPROVAL DATE: 04/05/2022 This CONDITIONAL ZONING DISTRICT as described in the public hearing and reflected in the official minutes of the proceedings and subject to all applicable provisions agreed upon by the applicant and the Randolph County Planning Board is hereby approved.The applicant shall complete the development in accordance with the plans and conditions approved by this Board, a copy of which is filed in the County Planning Department. ________________________________________________________________________________________ RANDOLPH COUNTY NORTH CAROLINA _______________________________________ _______________________________________ Planning & Development Director Date Page 141 of 146 COUNTY OF RANDOLPH CONSISTENCY DETERMINATION AND FINDING OF REASONABLENESS AND PUBLIC INTEREST IN THE MATTER OF THE APPLICATION FOR REZONING BY HARDIN II, LLC REZONING REQUEST #2024-00000895 NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD According to North Carolina General Statutes § 160D and the Randolph County Unified Development Ordinance, the Randolph County Planning Board finds that the proposed zoning district map amendments to HC-CD - Highway Commercial - Conditional District as described in the application of Hardin II, LLC, are consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and are reasonable and in the public interest for the following reasons: 1. Determination of Consistency with the Growth Management Plan. A. Consistency with Growth Management Plan Map The Randolph County Growth Management Plan map for the southeast area shows the parcel to be rezoned in an area designated as Rural Growth Area which generally is characterized by traditional agricultural operations, pasture land, forestry, rural lot residential subdivisions, and open space scattered non-farm residences on large tracts of land. B. Consistency with Growth Policies in the Growth Management Plan Policy 3.1(c): Commercial uses should be encouraged or incentivized to develop by consolidation and/or further development of existing commercially zoned property when developed in a manner that lessens the effect of incompatibility with adjoining residential and rural land uses. The County recommends that developers submit plans that address the management of increased traffic, parking, and lighting plans to ensure compatibility with the surrounding community.” Consistency Analysis: As stated previously on page two, this property was originally rezoned to Highway Commercial – Conditional District in 1999 to allow a mobile home sales and service lot. The property was rezoned in 2019 to HC-CD – Highway Commercial – Conditional District to allow three mini-warehouse storage buildings as per the site plan. The proposed addition of another mini-warehouse storage building is consistent and reasonable as it will allow the continuation of the Page 142 of 146 existing business. Policy 3.2: Highway-oriented commercial uses should be clustered along segments or arterial streets and contain land uses that are mutually compatible and reinforcing in use and design. They should be designed in a way that minimizes signage, access points, and excessive lengths of commercial strip development while integrating with adjacent existing commercial or residential uses via trails and streets that support walking and bicycling safety.” Consistency Analysis: As previously stated, this use began on this property in 2019 and has continued to grow since that time. There have been no complaints received by the Planning staff and by continuing the development at this location, the request will limit the “signage, access points, and excessive lengths of commercial strip development.” 2. Statement of Reasonableness and Public Interest Reasonableness and Public Interest Analysis: The policies listed above illustrate how this request is consistent with the Ordinance, the Plan, and applicable General Statutes. The parcel in this rezoning request is subject to the Conditions agreed upon between the property owner and the Planning Board. These Conditions will limit the amount and type of development on the property reducing the impact on adjoining parcels. The proposed use will also increase the tax base and increase economic activity within the County. Adopted on May 16, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 143 of 146 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF RANDOLPH COUNTY, NORTH CAROLINA UPON REQUEST BY Click or tap here to enter text. WHEREAS, a 16.70-acre parcel, having the Randolph County Parcel Identification Number of 8735602322 is currently zoned HC-CD - Highway Commercial - Conditional District by Randolph County, North Carolina; WHEREAS, the Randolph County Planning Board has conducted a duly noticed public hearing on May 16, 2024, to consider the proposed rezoning on application number 2024- 00000895, and all procedural requirements found in North Carolina General Statute 160D and the Randolph County Unified Development Ordinance have been satisfied; WHEREAS, the Randolph County Planning Board has found that the proposed rezoning is consistent with the Randolph County Unified Development Ordinance and the Randolph County Growth Management Plan and is reasonable and in the public interest, and the Randolph County Planning Board has adopted a separate statement to this effect; NOW THEREFORE, BE IT ORDAINED BY THE RANDOLPH COUNTY PLANNING BOARD THAT, the property is hereby rezoned to HC-CD - Highway Commercial - Conditional District. The official Randolph County Zoning Map and the Randolph County Growth Management Plan Map are hereby amended, if necessary, to reflect the same and this Ordinance shall become effective upon adoption. Adopted on May 16, 2024. _____________________________________ Chair, Randolph County Planning Board ATTEST _______________________________ Kimberly J. Heinzer, Clerk to the Randolph County Planning Board Page 144 of 146 MOTION TO APPROVE A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to APPROVE this rezoning request to rezone the specified parcel(s) on the rezoning application and the Map Amendment Ordinance, to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is also consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 145 of 146 MOTION TO DENY A CONDITIONAL DISTRICT REZONING NORTH CAROLINA RANDOLPH COUNTY PLANNING BOARD “I make the motion to DENY this rezoning request to rezone the specified parcel(s) on the rezoning application to the requested zoning district based upon the Determination of Consistency and Findings of Reasonableness and Public Interest statements that are included in the Planning Board agenda, submitted during the rezoning presentation and as may be amended, incorporated into the motion, to be included in the minutes, as well as the site plan(s) with any and all agreed-upon revisions, also incorporated into the motion and that the request is not consistent with the Randolph County Growth Management Plan.” If making a second to the motion, please change to say, “I second the motion . . .” and continue reading the rest of the motion. Page 146 of 146