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MINUTES

 

RANDOLPH COUNTY PLANNING BOARD

 

January 8, 2002

 

There was a meeting held at 6:30 p.m. on Tuesday, January 8, 2002, of the Randolph County Planning Board in the Commissioner’s Meeting Room, Randolph County Office Building, 725 McDowell Road, Asheboro, North Carolina.

 

1.         Chairman Maxton McDowell called to Order the Randolph County Planning Board Meeting at 6:30 p.m.

 

2.         Hal Johnson, Planning Director, called roll of the Members: Maxton McDowell, Chairman, present; Bill Dorsett, Vice Chairman, present; Lynden Craven, present; Al Morton, present; Phil Ridge, present; Larry Brown, present; Chris McLeod, present; and Mark Brower, Alternate, absent.

 

3.         McLeod made the motion, seconded by Morton, to approve the Minutes of the December 4^th, 2001, Randolph County Planning Board Meeting.  The motion passed unanimously.

 

4.         REQUESTS FOR PROPERTY REZONING:

 

A.        RANDOLPH COUNTY ECONOMIC DEVELOPMENT, Asheboro, North Carolina, is requesting that 40.00 acres located at 7310 US Hwy 311, New Market Township, Randleman Lake Watershed, be rezoned from Light Industrial and Residential Agricultural to Heavy Industrial/Conditional Use.  Parcel ID # 7736862231.  The proposed Conditional Use Zoning would specifically allow the entire existing facilities to be used for furniture manufacturing.

 

Bonnie Renfro, Executive Director, Randolph County Economic Development, said that last Summer, June, 2001, the owner ceased operation without warning due to financial reasons.  Renfro said that this property has gone into bankruptcy  and is listed to render debts to creditors.  Renfro said that they have shown the property to many companies.  Renfro said to facilitate the proper sale of the property they have been asked by the attorneys assigned to the sale of the property by the bankruptcy court to see that the property be zoned Heavy Industrial.  Renfro said that the property would be used for a similar type operation that has operated here in the past (furniture manufacturing).  Renfro said that she felt this would be net new jobs for Randolph County considering those that are interested in the property.

 

There was no one present in opposition to the request.

 

Brown made the motion, seconded by Morton, to recommend to the Commissioners that this request be approved.  The motion passed unanimously.

 

B.        W.G.S. INC., Trinity, North Carolina, are requesting that 32.40 acres located on Prospect Street, Trinity Township, be rezoned from Residential Agricultural to Light Industrial/Conditional Use.  Parcel ID # 6798255897.  The proposed Conditional Use Zoning would specifically allow the development of a 10 lot industrial park.  Property Owner: Homer Ragan.

 

W.G. Sink, 3481 Finch Farm Road, said that lot number 10 would probably be purchased by the church because they are interested in additional property.  Sink said that Trinity said they would go along with what ever the County decided.  Brown said that he had knowledge from a Trinity Planning Board member and a Council Member that said they would go along with whatever the County decided.  Hal Johnson advised Sink that he would have to go to Trinity and request that the portion of land within their zoning be changed to industrial.  McDowell asked the size of buildings he plans to build and Sink answered approximately 5,000 sq. ft.  Sink explained that the people have approached him are furniture manufacturing.  Sink said he may put his own business here also.

 

There was no one present in opposition.

 

Johnson said that the general area is industrial but there may be some concern to place a buffer along that property line that adjoins a residential subdivision.  Johnson asked Sink if he had considered any buffers along that subdivision.  Sink said that the property adjoins the road in the subdivision and there are only two houses in this old subdivision.  Sink said that there would be no problem leaving woods along that subdivision road.  Craven asked Sink if he would consider a 25' buffer and Sink said he would agree to this being added to the Conditional Use.

 

Brown made the motion, seconded by McLeod, to recommend to the Commissioners that this request be approved with the condition of a 25' existing buffer along the western property line (adjoining the subdivision).  The motion passed unanimously.

 

C.        ISMAT CHAUDHRY, Ramseur, North Carolina, is requesting that 3.75 acres located on the corner of US Hwy 64 East and Reed Creek Road, Columbia Township, be rezoned from Residential Agricultural to Highway Commercial/Conditional Use.  Parcel ID # 8712056789.  The proposed Conditional Use Zoning would specifically allow the operation of a convenience store, restaurant, hotel and office.

 

Jon Megerian, attorney, said that this is a very intense request and they would like to make an adjustment and remove the request for a motel.  Megerian said that this would substantially decrease the intensity of the request.  Megerian said the office, convenience store and restaurant.  Megerian said that he felt this would be a natural place for commercial activity fronting on Hwy 64.  Megerian presented pictures of the property and surrounding area.  Megerian said that Reed Creek Road area is primarily undeveloped with some fairly intense industrial uses.  Megerian said that he felt this development would be reasonable on a four-lane highway.  Megerian said there is an established residential community along the western side of the property but with the Highway expanding to 4-lanes commercial activity is possible.  Megerian said they are requesting a conditional use and the applicant has no problem with installing a fence and plantings that would be asked by this Board.  Megerian said that he didn’t feel this residential community can be shielded from any type of commercial development.  Megerian said that he felt it would be reasonable for the residential community to request buffers be placed on the property.  Megerian said he felt the Board should asked the Commissioners to require reasonable buffers and screening.  Megerian said his client would be agreeable to reasonable conditions.  Megerian said he did feel that a motel would not be appropriate and for this reason they are removing this from there request.  Craven asked if this would be a 24-hour operation and Chaudhry said it would depend if there is a need.  Chaudhry said that he would not have a problem limiting the hours if the neighbors would be happy.  Chaudhry said that he has no intention to make money at the inconvenience of the neighbors.  Morton asked the size of the proposed building and Chaudhry said that it would be approximately the size of the Quik Chek at the corner of Hwy 64/Hwy 49 with offices attached.  Chaudhry said that if the need was for sit-in restaurant he would provide this but the facility would be built based on the community needs.

 

Phil Brady, Holly Hill Street, said that he didn’t want to prevent Chaudhry from the use of the property but he did want to protect his adjoining property.  Brady asked if there were any standards of the County and if there were required minimums.  Johnson answered that there are no required minimum because every circumstance is different and they are considered individually.  Brady said that he would like to see a more complete site plan and how the development would impact his property.  Brady said that if the request has been modified he would like to see these changes and setbacks and buffers on the plan.  Brady said that he would not be concerned of the time of operations if there were adequate buffers provided to protect their development.  Brady said that he would be concerned with the lighting and to see that the buffering would take care of this issue.  Brady said that he would feel more comfortable if he could see a plan of how the residents would be protected.

 

Megerian said that they would ask the Board to consider a 25' no-cut buffer with a chain-link fence and all lighting would have to face inward.  Craven said that this Board could impose buffers that we feel would protect the neighbors if the Board decided to recommend a request be approved.

 

Brady said that he would like the opportunity to work with his neighbors and what they would feel would be appropriate.

 

Branson Hyler, 203 Holly Hill Street, said that he is opposed to this request.  Hyler said that he has lived here for 8 years and at night he hears enough traffic here without adding to it.  Hyler said that this makes sleeping tough.

 

There were 7 citizens present in opposition to this request.

 
Dorsett said he felt this would be appropriate for this area with the appropriate buffers worked out by the Planning Department with the community.  Dorsett said he didn’t feel the Board should limit the hours because there will still be lights on even when the operation is closed.

 

Craven said that he thought the original request was too dense for the area and he did feel better about the request once the motel was removed.  Craven said the County should work on a buffer with the neighbors and the applicant.  Craven said he would suggest a 50' buffer with a chain-link fence.

 

Dorsett said he felt buffers should be required.

 

Johnson said that the staff could work with the neighbors and the applicant and have these recommended buffers and screens for the Commissioners meeting.

 

Craven made the motion to recommend to the Commissioners that this request be approved with the appropriate buffers worked out with both the neighbors and applicant by the Planning Staff and lighting must be inward to the facility (away from the residential community).  Dorsett seconded this motion and the motion passed unanimously.

 

D.        EDENS & AVANT, Columbia, South Carolina, are requesting that 13.50 acres (out of 31.20 acres) located on Business 220 South, Cedar Grove Township, be rezoned from Residential Agricultural to Community Shopping/Conditional Use.  Parcel ID # 7658524891.  The proposed Conditional Use Zoning would specifically allow the development of shopping center.  Property Owner: Leroy White.

 

Jon Megerian, attorney, said that this is an unusually situation and as far as he knows there is no opposition from adjoining property owners rather tenants of the mobile home park.  Megerian said that the property is located adjoining Pinewood Country Club/subdivision and would serve a residential community.  Megerian said that currently the property is a non-conforming use of a mobile home park.  Megerian said there are several people who live in the park with some trailers owned by the park owner and some individual owned.  Megerian said that he did understand where the residents of the park are coming from but they would not be leaving for the next year anyway with the time lines of the sale of the property and development of the site.  Megerian said that the tenants would be notified with plenty of time to relocate.  Megerian said that the Ordinance does not encourage non-conforming uses but it does not force non-conforming uses to stop.  Megerian said that he didn’t feel that a single-wide mobile home park with dirt roads would be approved for this property if requested now.  Megerian provided pictures of the property.  Megerian said he felt this was an excellent plan and appropriate for the area.  Megerian provided the Board with background information on the developers and the plan.  Megerian said that Fred Williams from Edens & Avant and the property owner’s son are present tonight.

 

Dorsett asked about the proposed traffic signal and if the DOT has approved this and Williams said this has not been approved at this time.  Dorsett asked about the access drive to the Golf Course and Williams said that the Golf Course has asked for an access off Business Hwy 220 and they would like to provide this access but it would have to be approved by DOT.

 

McDowell asked if the property owner just decided to stop renewing leases could they not do this.  Megerian said that if there are leases that run for 1 year that could happen but the law allows (if these leases do not exist) the property owner to remove the homes within 7 days.

 

Debbie Hyatt, 5369 US Hwy 220 Bus South lot 17, said that they don’t have leases but they do own their homes.  Hyatt said that they are older homes and they will have a hard time moving them.  Hyatt said that there is one man that has been in the park for 18 years.  Hyatt said that they didn’t want to move.

 

Louise Needham, 5293 Staley Farm Road, said that she has mobile homes here that she rents.  Needham said that if they move the homes they can’t set them up.  Needham said that she heard that homes older than 90 or 92 could not be set up.  Johnson said that homes that are 76 and older are difficult to find places to move but not homes newer than 76.  Needham asked if they would have ample time to move the homes and McDowell said that the property owner has said they will be given plenty of time.  Needham said that her homes are 71 and 74 in this park but they are well maintained.

 

Holly Garren, 5369 US Hwy 220 Bus South lot 4, said that she has lived here for 3 years and she has 2 children and she simple cannot afford to move her home whether its now or 12 months from now.  McDowell asked if she knew how much it would cost for her to move the home and Garren said that the cheapest rate she has been told is $3500 to move it and set it back up.  Garren said that if she and her husband can’t afford it there would be no way the older people in the park could afford it. 

 

There were 16 residents from White Oak Mobile Home Park present in opposition to this request.  There were no opponents other than residents within the park.

 

Johnson said that this is a difficult request but this is the owner’s choice not the County’s decision to operate the park.

 

Morton said that we can’t make the owner operate the park but he did feel for the residents.

 

Dorsett said that he did feel it was good and right for us to feel for these people but we also have to consider the property owner’s rights.  Dorsett made the motion to recommend to the Commissioners that this request be approved.  Craven said that he felt this was a no when situation but he would second this motion.

 

Brown asked Megerian if his client (the purchasers of the property) would be charging the tenants rent between the time of purchase and when the tenants must leave.  Megerian said he felt they would but the closing of the property would be on or before September 2002.

 

The motion passed unanimously.

 

E.         HOLIDAY TOURS, Randleman, North Carolina, is requesting that 8.50 acres (out of 29.20 acres) located at 10367 Randleman Road, Level Cross Township, Randleman Lake Watershed, be rezoned from Highway Commercial to Highway Commercial/Conditional Use.  Parcel ID # 7758808148.  The proposed Conditional Use Zoning would allow the operation of existing tour travel operations and parking areas - future expansion will consist only of proposed future parking area.

 

Johnson explained that this business is a success story in Randolph County and it was developed here prior to Countywide Zoning.  Johnson said that they have had some expansions of their parking and this Zoning would provide the facility with room for additional parking facility.

 

Tommy Roe, Jr., Torch Drive, Randleman, said that the purpose of the request would be primarily for more parking spaces for their customers.  Roe said that they currently have 200 spaces and they would like to increase to a total of 400 spaces.  Roe said that during peek season they have had to use adjoining property owners fields for parking.  Roe said that they don’t plan to expand any of their buildings, only parking.  Roe said that they currently employee 145 people and they plan for an expansion of 12 new employees for this year.  Roe said that they are a good member of the community and a good neighbor.  Johnson said that you can’t help but notice where the buses are parked with all the property that is owned by Holiday Tours.  Roe said that the garage is located in this area.  Nancy Thompson, owner of Holiday Tours, said that when they first started out they parked the buses on the southern side of the property but with expansion they were moved to the northern side of the property.  Brown asked if the buses couldn’t be moved.  Brown also asked if they plan for a parking adjoining the house to the north and Thompson answered yes.  Thompson said that they were there when the current property owner purchased their home.  Brown said that the parking area was not there, it is now being requested.    Thompson said that they would be willing to provide a buffer along that property line.  Brown asked how far the house is from the property line and Thompson answered 14 feet.  Thompson said that they would be willing to provide a 50 feet buffer.  Thompson said that this area would only be used for customer parking and no bus parking.  Roe said that they would be willing to provide a buffer or a privacy fence or whatever would be necessary.  Dwight Thompson, owner of Holiday Tours, said that they would be willing to buffer between the home and the parking lot.  Thompson said that this would only be car parking, no additional bus parking.  When asked how many cars could be placed on 1 acre, Thompson said approximately 100 cars.

 

Rodney Parrish, 2781 Forest Drive, Randleman, here on behalf of his parents the adjoining residents (to the north).  Parrish said they don’t oppose the expansion of their business or parking lots.  Parrish said however they do oppose the rezoning of the tract of land they are requesting.  Parrish said that they had planned to show a video but there is not equipment here to show it.  Parrish said that they run the business here near their residence sometimes as early as 2 a.m.  Parrish provided pictures of the property.  Parrish said that their current new parking lot was never zoned and he questioned why they were allowed to build it.  Parrish said that with all the land they own why do they choose to build this parking lot right up against their residence.  Parrish expressed environmental concerns with water run-off.  Parrish said that they felt they should be provided (for future expansion) with documentation of how their property is being impacted by the run-off.  Parrish said that they are in a land dispute with Holiday Tours of the area under consideration.  Parrish asked that the Board, if they plan to rezone it, require a 100 ft. buffer with a privacy fence.  Parrish said that Jerry King, Surveyor, is present and could answer any question about any property line dispute.  Johnson said that this Board does not get involved with land disputes and can only consider those property lines determined by the Tax Department.  Parrish said he felt the Board should not consider this request until the property line dispute is resolved.

 

Brown asked King if he had surveyed the property and he answered yes.  Brown asked if their would be a run-off problem or adverse effect to the Parrish property if a parking lot was placed on the Thompson property.  King said that the Thompson property is elevated above the Parrish property so with out proper drainage in-place and buffers it would have an adverse effect.

 

Parrish said that the land in question has been timbered so there are no existing buffers.

 

Gary Shaver, 10420 Randleman Road, said that his understanding was that they plan to tear down the house (on the north front section of the property) for bus parking.  Shaver said he felt the parking area should be placed beyond the power line.  Shaver also felt more than 100 cars could be parked on an acre of land. 

 

Thompson said that they have placed a ditch on their property and a concrete wall to control the drainage.

 

Parrish said that he has provided the letter from an attorney that is proof that the land is in dispute and he didn’t feel the Board could consider the property when it was in dispute.

 

Morton said he felt the staff recommendation with an 8 ft. privacy fence and adequate buffer was appropriate.  Morton made the motion to recommend to the Commissioners that this request be approved with the conditions of an 8 ft. privacy fence, an appropriate existing no-cut buffer (worked out by the Planning Staff), and adequate storm water drainage to the rear of the property.  McLeod seconded this motion and the motion passed with a 6 to 1 vote - Brown voted against the motion.

 

F.         ERNEST MELVIN, JR., Franklinville, North Carolina, is requesting that 21.65 acres located at 3845 Shady Brook Drive, Franklinville Township, Sandy Creek Watershed, be rezoned from Residential Agricultural to Residential Mixed/Conditional Use.  Parcel ID # 7794761300.  The proposed Conditional Use Zoning would specifically allow the development of a 4 lot subdivision for site built, modular homes, double-wide or single-wide mobile homes on permanent masonry foundation.  Property Owner: John and Mary Wren.

 

Johnson explained that one of the issues is the extreme topography of this property.

 

Ernest Melvin, 3845 Shady Brook Drive, said that the property owner planned to rent mobile homes here and they had some bad experiences with those he rented to.  Melvin said that they felt it would be best to cut up the property for owner occupied lots.  Johnson questioned Melvin about the drive with a severe drop off and Melvin agreed that the road is poor.  Melvin said that 75% of the homes on this road are manufactured, only 7 or 8 homes are stick built.

 

John Miller, Summitt Avenue, Greensboro, said that they had considered buying lot 4 and they would want to place a double-wide on a permanent brick foundation and they have been approved for their loan.  Miller said that he has 3 children and a 4^th child on the way and they can’t afford a stick built home.  Miller said the home they plan would be 2000+ sq. ft.

 

Tyena Burkett, 3763 Shadybrook Drive, said that they have a problem getting people to pitch in on maintenance on this road and she has never known the Melvin’s the pitch in. Burkett expressed her concern of the water table and how this would effect their wells.  Burkett said that the bus nor the postman will not drive down this road.  Burkett expressed concern for the Sandy Creek Watershed and how this would effect the wildlife.  Burkett continued to express concern for the maintenance of Shadybrook Drive.  Burkett provided a handout of their concern.

 

Brandon Henley, 3932 Shadybrook Drive, said that if this is not the worst road in Randolph County he pity’s the man who lives on it.  Henley expressed concern of the water table and said that they currently have poor water pressure.  Henley said they felt this would negatively effect their property values.  Henley said that they felt their concerns should be considered before anyone’s monetary gain.

 

James Robb, 3580 Shadybrook Drive, said that he has a large home with a swimming pool and he has a problem with the dust that this road creates.

 

Janette Henley, 3932 Shadybrook Drive, said that they were told this would be a mobile home park and they didn’t want to see a mobile home park on this road.  Johnson explained that this request would not be a mobile home park it would be to divide the land for a mobile home subdivision.

 

John Robb, 3546 Shadybrook Drive, said he moved here 14 years ago and he enjoys North Carolina.  Robb said he is retired and going on 85 years old.  Robb said they have unsuccessfully tried to get the County to take over the road and they have tried to re-grade the road with no success.  Robb said there are 15 plus homes beyond his residence on this road and its not wide enough to pass and the speeds of the vehicles are too high.  Robb said one child was hit on this road this year and was taken to the hospital with a broken leg.  Robb said that he has a limited income but he tries to keep his section of the road up but most people don’t.  Robb said that the road just can’t stand the additional traffic. 

 

Steve Taylor, 3770 Shadybrook Drive, said that they are involved with a neighborhood watch and he felt concern for the safety of this road.  Taylor said that the hill and all the conditions of the road are outrageous.  Taylor said he couldn’t see how a mobile home could be taken down this new private drive due to the topography.

 

There were 11 people present in opposition to this request.

 

Dorsett said that he visited the property and Shadybrook Drive is a good road compared to the road that goes into this property.  Dorsett said that he has a 4-wheel drive vehicle and you couldn’t pay him to go down that drive.  Dorsett said that the County would be doing a disservice if this property is permitted for building lots.

 

Craven said that these mile long private roads are unkept and are in our considerations now to eliminated them.

 

Craven made the motion, seconded by Dorsett, to recommend to the Commissioners that this request be denied.  The motion passed unanimously.

 

G.        MICHAEL HURLEY, Asheboro, North Carolina, is requesting that 0.90 acre located on US Hwy 64 West, Tabernacle Township, Lake Reese Watershed, be rezoned from Residential Agricultural to Highway Commercial/Conditional Use.  Parcel ID #’s 7712231707 and 7712149006.  The proposed Conditional Use Zoning would specifically allow an automotive repair business in proposed 30' x 80' building.

 

Hurley said that he wants to added a garage for automotive repair and the hours would be the same as his motorcycle shop 8 am to 6 pm.  Hurley said that he would have a buffer along the eastern property line near the adjoining mobile home.  Hurley said that he wouldn’t have any outside storage but he may get an inspection license and a dealer’s license.

 

There was no one present in opposition to the request.

 

McLeod made the motion, seconded by Craven, to recommend to the Commissioners that this request be approved with the condition of a 25' natural buffer along the eastern property line.  The motion passed unanimously.

 

H.        ROSE MCMASKILL, Randleman, North Carolina, is requesting that .75 acre (out of 1.47 acres) located at 8911 US Hwy 220 Business North, Level Cross Township, Randleman Lake Watershed, be rezoned from Residential Mixed to Highway Commercial/Conditional Use.  Parcel ID # 7767402632.  The proposed Conditional Use Zoning would specifically allow a cars sales lot with office in existing 40' x 60' building with a maximum display of 4 cars.  Property Owner: Madison Price Estate.           

 

Eric Grey, 4639 Plainfield Road, said that he is a salesman for a company in Liberty and he would be renting this property from the heirs of the property.  Grey said that he wouldn’t have any car repair and no more than 4 cars for sale on the property at any time.  Grey said that he would only place a sign the size that would be required (3x3).  Grey said this would be full-time business.

 

Wayne Parrish, 9715 US Hwy 220 Bus North, said that he was a school teacher of Grey and said that he is a good person and well liked in the community.  Parrish said he felt that the building would be better maintained if Grey gets this business.  Parrish said that Grey is a good man.

 

There was no one present in opposition to this request.

 

Craven made the motion, seconded by McLeod, to recommend to the Commissioners that this request be approved.  The motion passed unanimously.

 

5.         The meeting adjourned at 10:06 p.m.  There were 81 citizens present for this meeting.

 

______________________________________________________________________________

NORTH CAROLINA

RANDOLPH COUNTY

 

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Planning Director

 

 

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Date                                                                                               Clerk