STANLPOCOUNTY Waten Ah Lanks Sacoenr. Stanly County Planning Board November 14, 2023 Meeting Minutes  Call to Order Chair. Jay Eckman called the meeting to order on November 14, 2023 at 6:30j p.m. int the Gene Stanly County Planning Board members attending David Underwood, Jay Eckman, Michael Williams, Joel  McIntyre meeting room at 10001 N. First Street, Albemarle, North Carolina.  Mauldin, Kevin Brickman, TJ Smith & Tim Fesperman  Absent: none  Stanly County Planning Staff Attending: Bob Remsburg, Planning Director & Bailey Cline, Planner 2 Chair Eckman asked ift there were any conflicts ofi interests with the items tol be heard due to financial or personal  relationships. There were none There were none.  Chair Eckman asked ift there were any other additions to the agenda that the board needed to consider.  Chair Eckman asked for ai motion to approve thej proposed agenda.  Motion: David Underwood Second: Tim] Fesperman Approved: 7-0  Chair Eckman asked for a motion to approve the minutes from October 10, 2023.  Motion: Michael Williams Second: David Underwood Approved: 7-0  Chair Eckman shared that the first item on the agenda was CR 23-03, ai request by Randy Mauldin toi rezone an approximately .73 acre parcel located on Carter Road in Albemarle from R20t to a Conditional Zoning District.  Chair Eckman invited county staff to share the details of this request.  Bob Remsburg shared the following:  Itis ai request fora a.73 acre parcel located on the South West corner of Carter Road and US: 521 from R201 toa Conditional District for the operation ofa mini storage facility. Access is from Carter Road and its sees about 600 vehicles per day. He is contracted toj purchase the property from Cheryl P. Davies. The property is currently vacant and the. Albemarle city limits are approximately 325 feet south oft this property. On the county side ofit, adjoining properties are: zoned R20, M2, GB, HB and RA: so iti is quite ar mix of everything. Ifyou go south to the City Limits those areas are: zoned R10, M1 and GHBD. This is located in al Primary Growth Area per the Stanly County Land Use Plan. It would have to meet al list of conditions but you are able to amend  those with the agreement ofl Mr. Mauldin. Mr. Remsburg read through thel list of conditions.  1    Mr. Remsburg displayed aerial and zoned: maps of the property. Chair Eckman asked ift there were any questions forl Mr. Remsburg  TJ Smith "What is the property next to it zoned?" Mr. Remsburg "That is zoned Heavy Industrial."  Tim Fesperman "Mr. Mauldin agreed that in the conditions its says no outside storage ofboats and watercrafts  but should we: add motor vehicles to that? Int thei memo it said motor vehicles." Mr. Remsburg "Yes, Mr. Mauldin agrees to that SO we can add that toi it." Mr. Mauldin "There should be 48, thati is what I would like to do."  David Underwood "There are 44j proposed storage units in thei narrative and 40 on here sO which one isit?" Mr. Remsburg "Okay, I was wrong. Then what he is requesting is 48 and you all can talk tol him about that. He does have as sitej plan proposed that you all have received. You all can adjust that number as whati is  appropriate."  TJ Smith "So, iti is not up to 40, iti is 48 correct?" Mr. Remsburg "Yes, that is what] tIam hearing."  David Onderwood "Okay, number 6i int the conditions says no flags, banners or temporary signs fori no longer than 15 days. On our list number 5 says, no flags, banners or temporary signs. Which one is it?"  Mr. Mauldin indicated it was the one that was no longer than 15 days.  Tim Fesperman "Is that part oft the sign ordinance?" TJ Smith "Are the signs limited to just thel business?"  Bob Remsburg "No it is not."  Mr. Remsburg "We do not allow off premise signsi in the county at all but we could add language to the end of  this condition to state that the signs would only be allowed to be used for thel business."  TJ Smith "Are these really goingt tol be monitored every 15 days?" removed. We are complaint driven when it comes to compliance." good neighbor to have but sometimes they are busy."  Mr. Remsburg "Iti isi really up to thel business owner toi monitor that but ifwe get a complaint then we will start to notice ift the signs are: not being taken down properly and the owner will be notified that they need to be Mr. Brickman' "Will there be hours of operation or a gate? Il live across the street from one and they area a  Chair Eckman indicated Mr. Mauldin would bel best to answer that question. Chair Eckman invited! Mr. Mauldin to come speak in favor ofh his request.  Mr. Mauldin shared thei following:  Staff was very helpful during this process so Iappreciate that. I dol have this request listed as a conditional use and not Highway Business. I think iti is a reasonable request based on the fact that this is offofai fivel lane road on a corner lot. Iknow this board has turned down other storage facilities in the past but It think thisi is different  2    based on where iti is at. Iownj property. just to the east ofthis. The property across thes street is HB and the property to the South is Heavy Industrial. Ifeel like this property conforms to the neighborhood. Ify you are heading North on 52, most of the time atl least one oft those intersections have a commercial lot. From the proposed conditions, we: need to change that to 48 facilities. The plan is to not have a gate but Iwilll have  cameras and plenty ofl lighting."  Chair Eckman asked if there were any questions for Mr. Mauldin TJ Smith "Speaking on thel banners, what are you putting on them?"  Mr. Mauldin "Vacancy, now renting, now open, Id did not want tol leave them out forever so thati is whyI thought tol limit them to 15 days. I willl have tol be honest enough to take it down. Ijust did not want toj puti it in  there and then it can stay up for two years." David Underwood "How bigi is your building?"  Mr. Mauldin "It willl be two 30x100 buildings and potentially on thej plan that you have Mr. Underwood there would be a 40x101 building as well that is close to 52. That is not thej plan toj put it in there but that is maximalization per the engineer. I thought it would be easier tot take it out oft this request than to gol back and  add it backi in later." Mr. Mauldin "Yes."  David Underwood "Is that how you are getting the 48 units?" Joel Mauldin "Are they requiring you toj put a fence around it?"  Mr. Mauldin "Not in the county."  TJ Smith "Is there going to bel buffering around it? Iseet that it would not be required ift the adjoining land Mr. Mauldin "The plani is that for thej property to the South, there willl be a white fence against that property.  owners say it doesn't. Do we know ift they have said it doesn't have tol have it?" Since I owni the property to the east of that, Iwill not put one up there."  Chair Eckman asked if there was anyone else wanting to speak concerning the request.  Ruth Cotton shared the following:  There is one thing that has not been mentioned at all which is there are homes across from this on Carter Road. There are a few ofu usl here that do not wish tol have a storage unit put across the street from our homes. Lighting is aj problem. I know that he says that it will face down buti it willl be on 24/7. There are. homes across from this, they only talked about what is1 behind it. The first house willl have the driveway going right toward their driveway. Something to think about. There are families that do not wish tol have it. Mr. Remsburg That driveway for the storage facility would be almost right across from their driveway and the reason: for thati is to get as far back from the intersection as possible." TJ Smith "If we approve it, is there nothing preventing this light or is that going to be the entrance and exit  across from the driveway?"  3    Mr. Remsburg "We do not have an exterior lighting part oft the ordinance. You would hopet they would be Joel Mauldin "IfIcouldi make a suggestion to you. Ifyou are not going toj put a fence up and you are not going to have hours of operation, you willl have people comingi in and out at alll hours soIt think you will want to change that. Ifyoup put al buffer and a gate in there then that may help al lot as far as the neighborhood."  good neighbors and there would not! be at ton ofl light pollution."  Chair Eckman asked if there was anyone else wishing to speak.  There was: no one. rezoning request.  Chair) Eckman entertained a motion to recommend to the County Commissioners approval or denial of this Motion: David Underwood: made ai motion to approve the request because it was close to heavyi industrial, on a  main road andi is currently vacant. Iti is also located in al Primary Growth Area.  Second: Michael Williams  Chair Eckman stated they could now discuss.  TJ Smith "We are not doing any favors to the neighbors. I do not care ifiti is there or not butj just not doing  anything for the neighbors." Mr. Mauldin "Cost prohibitive."  Mr. Underwood "Why do you choose: not tol have a fence?"  Mr. Brickman "I think at the minimum a gate and shrubbery would be good."  TJ Smith "I feel like we arej just trying to compromise and we arei not being good stewards. Iftherei is going tol be traffic going in and out across the street ifs someone has lived there forever...I mean: it is ourj jobt to do right by Mr. Mauldin "My parents have owned several oft these smaller facilities over 30 years. There may have been ai few Mr. Mauldin asked Code Enforcement Officer, Tim Swaringen to speak on break-in activity in the past for Tim Swaringen "His parents and grand dad have several storage units and several other folks around the county. Most of them do not have fences. As far as zoning issues Ih have notl had any complaints relating to any of these units as far as after hours coming and going. Usually ifl lights are shiningi into roadways then DOT asks that they be switched. As far as the fencing, I have not had anyone come and complain about that in 15 Mr. Swaringen listed out the storage units tol his knowledge and explained that hel had not received any  everyone."  break ins over the years but very few."  storage facilities.  years."  complaints for any oft them.  4    Chair Eckman' "I am with TJ as fara as I dor not have aj problem with it but the house on thel backside is stuck." Tim Fesperman "Are we as steward oft the property or are we trying to decide legality. This gentleman owns thej property and is asked for conditions on it.] Id did not like something that was built behind me but it didi not Mr. Remsburg "You can go back to that list of conditions and see ifthere was anything that Mr. Mauldin Tim Fesperman "52i isar major highway and thisi is a corner lot. QT may want to open a gas station there. Mr. Mauldin "The reason the entrance is on Carter Road instead of 52i is to get off of 52 and to not slow any David Underwood "Would you be opposed to a buffer on Carter Road? A lot of people put buffers in and based on what] I aml hearing this would be a compromise. We are trying tol let you get what you want and Mr. Remsburg "At some point) I had added number three which does say that areas along Carter Road and 52  stopi it from being built." would agree to change." There are al lot of possibilities."  traffic down."  protect the neighbor at thes same time."  would have a buffer. You can amend your motion to add the language about al buffer." TJ Smith read what the Stanly County Zoning Ordinance currently requires for buffers. David Underwood "T would like to amend that motion to add number three from the previous list of David Underwood "Yes, we are trying our best tol keep the light from going to them."  conditions regarding the buffer." Mr. Mauldin "That is on Carter Road?" The amended motion passed 7-0 December 4, 2023 meeting at 6:001 PM.  Chair Eckman shared that the Stanly County Commissioners will likely hear this request at their Chair) Eckman introduced the second item on the agenda, ZA 23-10, a request by Martha Ingold to rezone an approximately 3.9 acre] parcel located on Harmony Road in Norwood from RA (Residential  Agricultural) tol R20 (Residential). Chair Eckman asked staff to share the details Bailey Cline shared thei following:  The Planning Department received ai request from Martha Ingold to rezone her 4.2 acre parcel located on Harmony Road: from County, RA (Residential Agricultural) to County, R20 (Residential). Parcels ofl land that are zoned County, RA and lie within the Rural Preservation area per the Stanly County Land Usel Plan are required tol be atl least 3 acres or larger when subdivided unless iti is an exempt subdivision. Mrs. Ingolds  5    property does lie within both oft those areas and therefore, with the 3 acre minimum lot size requirement, Mrs. Mrs. Ingold subdivided the tract on the north side ofl Harmony Road into 81 lots in 1994 and still ownss some of those lots. Mrs. Ingold indicated that she wished to do thes same thing to the 4.2 acre parcel. Therei is no access toj public utilities, therefore thej parcels would require both a well and septic system. All oft the surrounding parcels are also zoned County, RA (Residential Agricultural). Thej property is approximately 1.15 miles from the secondary growth area, 1.95 miles from the primary growth area and 2.61 miles from the City Limits of Norwood. Thel R20 zoning district does not allow for mobile homes, it tonly allows for site built or modular NCDOTI has not performed a traffic count on Swaringen Road. The nearest traffic counts were performed on Matt-Neal Road in 2016 which reported 600 cars per day and Cooper Road in 2015 which reported 450 cars Mrs. Cline indicated that shej personally had not received any complaints concerning this rezoning.  Ingold is not able to further subdivide her 4.2 acre parcel.  homes as far as residential uses are concerned.  per day.  Mrs. Cline displayed aerial and zoned images of thej property. David Underwood "Whati is the average size of the lots on Harmony Road?" Bob Remsburg "The smallest loti is 21,000 square feet." Chair Eckman invited Mrs. Ingold to speak ini favor of her request.  Mrs. Ingold shared the following:  Ihave owned this land a while and Iwould like tol have three lots put on it. Iam 82 years old and Ipay for the land andIl havel had to make al living and thisi is howl I doi it.) I6 expect you all tol let me do this to my land.Iam just requesting that] Ihave three lots. They said ifI can let my family havei it then it could be 60,000 al lots soI request you let me doi iti myselfinstead ofl letting my family have it. II know all about farming. Wel lost money on the farm just like everyone else. Iamj just requesting that I get three lots because I pay for the land and pay my taxes. Ib have three brothers living and they know all about this and they are not happy about it.  Chair Eckman asked if there was anyone else wishing tos speak.  Charlotte Barringer shared thei following:  Myl house sits four feet from the corner ofl her property. I do not want a home that close. Thei tongue oft the mobile home that sits back there is on thej property line. Wel have ai mobile home on the backside of our property and it is on thej property line. Our well is all but dried up because thel houses have pulled the water table down. It also floods andi it was all under waterj just ai few weeks ago and you can see thel line where the water comes through and iti is over: my head. Ijust ask where you consider where shei is going to put these houses, Ihavel been there for thirty years. According to a survey we had done, all the trees that she had planted are on my property. So does that mean that I can cut them all down? She is encroaching a lot onto our side and will there be a survey toj prove where these lines are? She just built a house last year and the water went down TJ Smith "Ifthey build homes then they have to show where thej property lines are and as far as thet trees that  more."  isa civili issue and you would have to go to court on that."  6    Martha Ingold "I would like to say thati is not all true. Ihavel had thats surveyed twice. Iknow where the line is. On the outside there is aj pasture post for where the line was and Dent surveyed it twice for me. Iam not Chair Eckman "Thati is a dispute between the two ofyou, we are just deciding on the zoning." Martha Ingold "II have never seen the water so high anywhere that it would flood anything, iti isj just a ditch Tommy Curlee "I own property across the road and Ido farm and have animals. Our water table is down. Iam having trouble with my well. We need to keep less houses and more farming in there because we are in the Shane Almond "I am not for or against it, iti is whatever you all want to do. Youj just need to remember this is ina arural preservation area and a couple of months ago you all made ai recommendation to thel board oft three Chair Eckman entertained a motion to recommend to the County Commissioners approval or denial of this Motion: David Underwood made ai motion to deny ZA 23-10 because iti is against the plan and ifit goes to R20  encroaching on her property at all. Her oil tanki is sitting on my property."  that goes to another pipe in the road."  farming district and I would hate to get to where Ihave no water for my animals."  acres. You are setting aj precedent for the future."  rezoning request.  there willl be aj problem with well and septic. Second: Michael Williams Chair Eckman entertained discussion.  David Underwood "I am just afraid that is not enough room. Not enough area for well or septic." Martha Ingold "II have one well on two houses and they have plenty. Every well Ihave is 3001 feet deep. Ionly have three wells on my property and every well is 3001 feet deep and Ijust don'tt think thisi is fair because to start with I was able to give it to my family for 60,000 square feet and now Iam being turned down fort that." Chair Eckman "This has not been voted on but you willl have to take this up with the commissioners."  Chair Eckman then took a vote on the motion to deny.  Denied: 7-0  Chair Eckman stated that thel Planning Staff will consult with Mrs. Ingold if she wants to move forward with the request andi ifs she does then this will go before the commissioners at their December 4, 2023 meeting at 6:001 PM.  Chair) Eckman entertained a motion to adjourn.  Motion: David Underwood Second: TJ Smith  7    Approved:7-0 Adiourment.74SPM  Chair,J Eckman  Clerk, Bobl Remsburg  hy  8