STANLY COUNTY Water. Ain Land. Saccess.  Stanly County Planning Board May 8, 2023 - Meeting Minutes  Call to Order Chair Jay Eckman called the meeting to order on May 8, 2023 at 6:30 p.m. in the Gene McIntyre meeting room at 1000 N. First Street, Albemarle, North Carolina. Stanly County Planning Board members attending David' Underwood, Tim Fesperman,Jay Eckman, Kevin Brickman, Joel Mauldin, TJ Smith & Michael Williams  Absent: none  Stanly County Planning Staff Attending Bailey Emrich, Planner 2 & Tim Swaringen, Code  Enforcement Officer  Chair Eckman asked ift there were any conflicts ofi interests with the case to be heard due to financial  or] personal relationships. There were none There were none.  Chair Eckman asked ift there were any other additions that the board needed to consider.  Chair Eckman asked for ai motion to approve the proposed agenda.  Motion: David Underwood Second: Tim Fesperman Approved: 7-0  Chair Eckman asked for ai motion to approve the minutes from February 7, 2023.  Motion: David Underwood Second: Michael Williams Approved: 7-0  Chair Eckman shared that the board will consider one conditional rezoning and one text amendment. The first item is a request by Sammy Estridge to rezone aj portion of! his property located at 24352 Ridgecrest Road, Locust, NC 28097 from RA to Ridgecrest Road Conditional District. Chair Eckman invited county staff to share the details of this request.  Bailey Emrich shared the following:  1    Sammy Estridge Jr. has requested a conditional district zoning for an approximately 3 acre portion of at tract containing 35.09 acres located at 24352 Ridgecrest Road, Locust. Hel has proposed thej parcel be rezoned from RA (Residential Agricultural) to Ridgecrest Road Conditional District. Mr. Estridge owns the entire parcel which contains al home and three outbuildings. The purpose oft this rezoning is to allow for 6 storage facility buildings containing 200 units. There will be two 40 unit facilities with each being 20x10, two 20 unit facilities with each unit being 20x20 and two 40 unit facilities with each being 10x15. There will also be a designated area for open storage ofboats and RVs. Atr traditional rezoning would require that the property be rezoned to Highway Business which isa commercial district. Mr. Estridge prefers to have this designated as a conditional zoning district which will establish certain restrictions on the property and allow its use: for a mini-warehouse storage facility and nothing else. The project willl have 8 foot chain-link fencing with barbed wire surrounding it. According to the most recent (2018) traffic count by NCDOT, Ridgecrest Road sees an estimated 1,100 cars per day. Substation Road sees an estimated 340 cars per day. Iami not sure how often NCDOT does their traffic count but 2018 was the most recent one for this area. There will be no well or septic systems placed on the property in relation to this use therefore there will be no You all have received the list ofc conditions that have been agreed upon by the property owner. Chambers Engineering provided a site plan for the property displaying all oft the units as wellas Ms. Emrich shared the list of proposed conditions on the property as well as maps and site plans. She indicated that the property does lie within the Rural Preservation Area per the 2040 Land Use Plan. Ms. Emrich "The site plan was sent out to DOT and the Fire Marshall. DOT shared that the only issue would be possible site distance.They will have to: show that site distance can be maintained and ac driveway permit will be required. The Fire Marshall indicated that the project will require a Tim Fesperman "So will all or part of that cemetery bej joined by an 8' tall chain link fence?" Ms. Emrich 4 The 8: foot fence will be around the storage facility. There will be a 6' foot wooden  soil evaluation test required.  proposed signage and lighting to be used for thej project.  complete plan review and that al hydrant will have to be installed."  fence surrounding the 2 sides ofthe cemetery." David Underwood "Is this still an active cemetery". (neighbors agreed that it was still active).  Ms. Emrich I amj pretty sure, Iwill refer to the neighbors to make sure about that."  Tim Fesperman "So the surrounding property would not be affected by the conditional zoning of Ms. Emrich "The only affected area will be the area that is outlined in black on the site plan whichi is Tim Fesperman "So that would leave the rest oft the property in the RA zoning district?" Ms. Emrich "Yes, that means the remainder would still bei in the original zoning district which is Residential Agricultural, while the requested rezoned area would bei ini its own district."  this property, correct?" around 3 acres."  2    Tim Fesperman "What does RA allow?"  Ms. Emrich "There is currently a home on the property. Typically it is used for Single Family Dwellings but in order to put another site built home on this property it would have to be subdivided. There are ai few other low density uses that are allowed in RA such as greenhouses."  Chair Eckman invited those to speak in favor of the request  Sammy Estridge shared the following:  Iam the one requesting this. We purposely put this facility not near anyone on the right or left side of the property. We tried tol keep it in the center ofe everyone and hopefully we can do it. Tim Fesperman "Is that Ridgecrest Presbyterian Church cemetery." There were no others present to speak in favor of the request. Chair Eckman invited those opposing the request to come and speak. Chair Eckman stated that there would be a 3: minute time limit on speaking.  Mr. Estridge "Yes."  Rick Love shared the following:  Iamj probably a little over half a mile from where they are wanting to build this. They said they did not] know exactly how the road was with the traffic and in thel last five years, how would you all like to get to the end ofy your driveway and get flipped the bird or blown thel horn or get about hit? There are a million cars that come by there a day. Ithought about doing a video and sending it to you. I know the people from 24/27 come through there. I have a farm with trailers, trucks &1 horses and there is no way I can turn any oft that equipment around fast enough without getting hit. Iwish II had a video of me stripping down and going down to that creek to get people's cars out. They fly down that road. I want to change it to Ridgecrest RaceWay. We don'teven have enough power that we can have Christmas Dinner. They cut the power off, what do you think this will do? Ijust don't think we: need it.Id don't think anyone wants it and I don't know the best way to stop it. This is the best way to piss a lot of people off and it has got us pissed. Iam sO sorry and I don't want to be ugly but I have been there 40 years and I want to make the last of my years there. Why do yall want to run us out? We have a great community and I1 have not had al bit oft trouble out of any of these people. But, here in thel last 2-3 weeks I would hate to tell you how many chases we have had. Id don't want to sit in my yard and shoot people but I am getting tired ofit. My kids and my wife have to go to work andI think we: need to think about it. Just like that town center and all that is going tol be put up, Ithink that is ridiculous because it is just not ready fori it. Why do y'all want to come over there and make us mad. Look at the lack of respect for digging around a cemetery, who does that? IfI was at the  cemetery and put a fence up around there it would make me sO mad.  Matt Sullivan shared the following:  Iam one ofthe residents directly across from where this will be. Id did not buy aj place in the country just to have a storage facility put ini my front yard. We have neighbors who just moved into the community because it is sO: nice. A commercial private storage facility with 200 units is going to have sO much traffic on this road. It is going tol have 24/7 access, it is not like you can only access on Saturday. Anything you want to drag out there. If youl have that much junk that you need to store it then you need to take it somewhere else and not store it in our small community where no one wants tos see it. Regardless, Iknow me and 15 or 20 ofr my neighbors here are completely against it. Iam  3    telling you it is a bad idea toj put a storage facility in a community where there is no business, not one  business in that area other than a fire department and ai repair shop.  Allan Gaskins:  Iam a member ofR Ridgecrest Presbyterian Church and we are strictly against it. To us it is like desecrating our cemetery. It is going to up our crime rate because Ih have spoken toj police officers in the community with other storage facilities and they said that it would be because ofbreaking and entering. The lights will do no good because they will just shoot them out. The noise issue will also be aj problem. It is going to decrease the value ofl land in the area along with the homes. We are a farming community and we don't have any problems. We have al low crime rate and do not want to  see an upgraded crime rate on account oft these storage facilities.  Walter Furr: ini favor ofit. Henry Dry:  Iam ai trustee and a member of Ridgecrest Presbyterian Church. Ireally dont think it would be a good decision. There would be people coming in and out oft there that we do not know and Ia am not  Iam here today for my father. We all came from the Ridgecrest area and are proud to call it home. My father still calls itl home at] his final resting place at Ridgecrest Presbyterian Cemetery. Right next to this property.. A cemetery is supposed to be aj peaceful place, where you are resting. This is a quiet place to visit loved ones. A storage facility messes with the sanctity oft this place. Starting even with the construction phase. Ijust want you to imagine burying your father while this facility is being built. There are backhoes, dump trucks and everything else while they are trying to do a2 21 gun salute or while you are laying your child there? Is that aj peaceful palace? Ia also feel the increase will hinder the farming equipment from going from field to field. Farming is a major part ofthis community and many families depend heavily on it. This will bring increased traffic and mess with the safety. Cars have to pull off on the side oft the road now for safe passing. It would be much more difficult for a truck with a boat in tow or 40 foot motorhome or RV. This is a highly traveled: road for Emergency responders. Ridgecrest Volunteer Fire Dept. is less than halfa mile down the road. If something is stuck int the road trying to get into the facility and my home is on fire, they will not be able to get to me. IfI need to get there toi run a call, Iwon't be able to get there. Ifyou are upside down in the embankment you don't want to wait. Unfortunately, Ic do understand growth. II know iti is necessary but I don't feel like this is an appropriate area fori it. We are a small community but we. all know each other and stick together. We are not trying to stop progress but this is not the place fori it.I left work twol hours early to get here. My neighbors and uncle dont know this is happening. Give me ac chance and I will: make sure every door in Ridgecrest is knocked. My father is buried in that cemetery and ifhe had a shovel he would dig himself out of the grave to move away from it. Don't  make someone hold a folded flag while some jerk is revving up ajets ski.  Andrew Mullis: Mr. Mullis handed out a petition.  This petition has 104 signatures from people in the community saying that they are not for this facility. We are al rural area, much like Red Cross. We depend on the ability to farm our own land and wel have many farmers in our community who will be hurt by this. There is already a rise in crime throughout our county as there is already a rise in crime as our county continues to let more and more housing come in. Some ofit has come into our area and alot ofu us are: not happy about that either. I would like for you to think about how: many people on that list have been here for generations and  4    generations. Many, including myself, my kids are sixth generation not only on our: farm but in our home. I plan to continue that. I am teaching all oft them how to live off ofthe land and respect the land. Farming is this county's number one institution, We are slowly destroying it. But we say it is okay because we allow bigi institutions to come in and take over. I don't think one single farmer here is okay with that. AllIhave to say is Ridgecrest Community, thank you sO much for showing up and letting everyone know how you feel. This is how a community is. Ifyou want a community to come  after you during voting season, this is the way to do it. Chair Eckman asked ifa anyone else would like to speak.  Community member:  "Ifany of you would like to come to my house one weekend and try to get out ofmy driveway and get out without getting hit, cursed out or flipped off then let me. know and I will shut up."  Debra Mazinka  "I am a member oft the community and live on SubStation Road. We actually don't know alot oft the neighbors because we: moved right as the pandemic began. We love this community and it isa beautiful rural area. Il love to watch a good rain shower or a comet. I can do that from my backyard but the direction Ib have to lay is directly looking at where this is planned and it will brighten the skies and ruin what Ilove. It has only been 61 months since your County Commissioners approved the Land Use Plan that you showed the map ofand this is clearly an area that is designated for Rural Preservation. Itis upsetting that nearly 6 months later that wel have a suggestion to over turn that and put something commercial in this space. We already notice on SubStation road that the GPS guides people that way and wel have a lot more traffic. Ifyou are coming up Millingport it does not take you  to the Fire station, it takes you to SubStation."  Kyle Odell  "T live in thel home directly across the street and Ih have lived here for 11 years with my family. Ihate to say this but I am ai retired detective from Charlotte. We moved here to get out oft there. It has been great for the most part. As far as the traffic between Ridgecrest and SubStation, itl has gotten ridiculous. There is a vacant lot on SubStation and on a weekly basis Ia am running drug dealers off the property. The neighbors probably don't realize it. Iam tired ofita and] I moved here for a reason. If therei is one thing Iknow from working in law enforcement for 26 years it is that people want to store drugs. It has been like that from the beginning ofs storage units. We don't want to be responsible for people at 2 in the morning meeting at the storage facility. I think this will only make the problem  worse." Michelle Oliver  "Imoved here in the summer of21 because oft the rural area and peacefulness. Otherwise, Icould have chosen somewhere in Charlotte. Ijust feel like this is a residential area and it should stay that way. There is aj passcode into the facility but who knows how long they will be there. Most oft the time people will abandon their belongings and it will become a dump. Ij just want tol keep the area the way it is. Iknow the people that have been there al lot longer than me want the same thing." Chair Eckman asked for a motion from the Board to recommend to the County Commissioners approval or denial for CR 23-01 regarding a conditional rezoning for a portion ofaj parcel located at  24352 Ridgecrest Road.  5    Motion: Michael Williams moved that the board recommend denial oft the rezoning due to it not beingi in a growth area per the 2040 Land Use PLan and it is displayed as being in the Rural Preservation on the Future! Land Use Map. Also, I do know that that particularly stretch ofroad is a blind spot. Being that the cemetery is there that should be sacred.  Second: T.J.Smith Motion was approved: 7-0  Chair Eckman shared that the Planning Staff will consult with the petitioner to determine whether they wish to move forward with the rezoning request. If they do move forward, this case could be considered by the County Commissioners following al legislative public hearing at theirmeeting  scheduled for Monday, June 5, 2023 at 6:001 PM. Community member "So hei is ori is not moving forward?"  Ms Emrich shared "So we will: meet with the property owner and see ifhe wishes to move forward or not. Ifhe does wish to: move forward those of you who received the initial notice will receive another one and it willl bej posted in the newspaper. The date and time on the sign will change. Ifhe chooses to not move forward the sign will be taken down. Ifhe chooses to move forward then you can expect  al letter within the: next 2 weeks.  Community member "But that is only for those who are within 100 feet, right?" Ms. Emrich "Yes, people within 100 feet receive written notice." Community member "So then we will just do this all over again?"  Ms. Emrich "It would go before the commissioners and they would have the final say." Community member "Can I bej put on the list to where I get al letter?"  Ms. Emrich "Ifyou would like to get a letter just come up to me after this and] I will add you to the Chair Eckman introduced the second item on the agenda, ai request by Planning Department stafft to make a' Text Amendment to allow a Group Care Facility on aj parcel of8 acres or largeri in thel RA- Residential Agricultural District and the RR - Rural Recreational District as well as amend the  list."  definition of Group Care Facility.  Chair Eckman invited county staff to share the details of this request.  Bailey Emrich shared the following:  These text amendments would allow a Group Carel Facility to bel located by right on aj parcel of8 acres or larger in the RA-Residential Agricultural zoning district and in the RR-Rural Recreational zoning district and amend the definition of Group Care Facility to include any facility licensed by NCI Department ofHealth and Human Services under NC. Administrative Code 27G. Ifthe amendment to the definition is adopted, Group Care Facilities are defined as nonprofit facilities or any facility licensed by the NCDHHS under NCAC27G for the purpose ofassisting more than 20  6    residents recuperating from the effects of drugs or alcohol, runaway children or battered individuals or toj provide shelter and support for those who are. handicapped. These types off facilities are: not an alternative fori incarceration but serve primarily for counseling and rehabilitation. Some facilities are short term (30 days or less) and some are long term. The requirement for 8 acres will create some separation from adjoining properties and differing uses. Currently these districts allow Group Homes and Boarding and Rooming Houses, but do not allow larger Group Care Facilities. The RA district Planning staff have recently reviewed two proposals for this type of facility and no Stanly County zoning district currently allows this type of use by right or through a special use permit. These facilities would serve an important role in the community and region to assist individuals in their recovery and treatment. The actual language proposed for the text amendments are highlighted in David Underwood "I have an issue with this being by right, I want to make surel Iu understand what you mean. IfIhave 10 acres and al home that can house 20 people. By right ifI meet those I Ms. Emrich "Yes, that is correct. You would have to make sure you have done everything you need to with Environmental Health, Building Inspections and permitting but from zoning it would be an allowed use but would still need to meet things like parking and signage. If you all agree cohesively this can always be amended to be recommended as a Special Use Permit and then it would have to go before the Board of Adjustment for approval and a list ofc conditions would have to bei met and Tim Fesperman "I am somewhat concerned after what we just went through that the people should have a right to at least voice their concern about a project that is coming beside them and their neighborhoods. Iam not saying that just because they voice their opinion that is the way that it has to Tim Swaringen "You can have up to 6 people living in al home that may be getting group counseling and that type of thing but are living as a single family unit per general statute definition and this David Onderwood "This gave me the same thing that Verizon tried to do when they came in and wanted to put a cell tower up and we couldn't even ask a question. Ifwe do this by right we never T.J. Smith "T think there is aj need for them but they do not need to be shoved into these  allows for Nursing, Rest or Convalescent Homes with no acreage restriction.  yellow on the attached sheet.  automatically qualify?"  agreed upon by the Board and Property owner."  be."  would allow them to have more than 61 people living in the facility."  know, they would not even come to us."  neighborhoods." amendment.  No one from the public remained present at the meeting to make comments on this proposed text Chair Eckman asked for ai motion to recommend to the Board of County Commissioners approval or denial oft the proposed text amendments regarding Group Care Facilities on a parcel ofl land 8 acres or larger in the RA and RR zoning district as well as amending the definition ofa Group Care  Facility.  7    Motion: David Underwood made a to approve the proposed text amendment regarding Group Care Facilities on a parcel of8 8 acres or larger in the RA and RR zoning district but amending  it to require it be done as a Special Use Permit and not by right.  Second: Michael Williams Approved: 7-0  Chair Eckman shared that the County Commissioner will likely consider this request following a legislative public hearing at their meeting scheduled for Monday, June 5, 2023 at 6:00 PM. Chair Eckman stated thati if there was no further business he would entertain ai motion to adjourn.  Motion: David Underwood Second: Joel Mauldin Approved:7-0  Time of Adjournment: 7:35PM  -  Chairman, Jay Eckman  ailyguel  8