Board backs McDowell request

By J.D. Walker
Staff Writer, The Courier-Tribune


ASHEBORO - A controversial rezoning request from a local lumber yard gained a narrow recommendation for approval by the Randolph County planning board Tuesday night, but it will go before county commissioners with a long list of conditions.

Board members considered a rezoning request from Tony McDowell for McDowell Lumber Co. along with five other rezoning requests. Their recommendations will go before county commissioners on Feb. 7 for final rulings.

McDowell's case was carried over from January. At that time, he asked that 30 acres (out of 120.30 acres) located at 2473 Falling Oak Road, Concord Township, be rezoned from light industrial and residential agricultural to heavy industrial/conditional use.

The conditional use zoning district would specifically allow a saw mill operation for lumber and pallets.

Neighbors asked board members to deny the request or, at the very least, restrict activities at the lumber yard to reduce problems with noise, traffic and pollution.

The conditions that McDowell agreed to included:

* Restrictions on future building north of any existing structure facing Old N.C. 49.

* Extensive buffering on the eastern and western property lines.

* A reduction in outside lighting.

* A restriction on traffic flow.

* Insulation of buildings in the pallet area of the mill and a northern building to reduce noise pollution.

McDowell further agreed to have the improvements completed in 90 days from the time the request is approved.

Just before voting, board member Larry Brown asked one of the neighbors in attendance if the conditions would satisfy the area homeowners. He got a firm "No" in response.

Alan Pugh, board legal counsel, told board members prior to a 3-2 vote to recommend approval that even with conditions in place, both sides will have sufficient grounds to take the case to court, regardless of who wins.

In the final vote, board members Jim Rains, Chris McLeod and Phil Ridge voted to recommend approval of the request. Brown and Lynden Craven voted against the request.

Board member Bill Dorsett was absent. New board member Reid Pell recused himself from voting because he was not on the board to hear the original arguments in January.

Board member Maxton McDowell recused himself because he is one of the neighbors opposing the request.

In the other rezoning requests, board members recommended:

* Approval of a request from Shane Hinshaw of Asheboro who asked that 6.24 acres located at 4864 U.S. 220 South be rezoned from residential agricultural/highway commercial-condition use to highway commercial-condition use/residential agricultural-condition use. The proposed conditional use rezoning would specifically rezone 2.67 acres for a landscaping & nursery business and a billboard, and 3.60 acres to allow the owners' residence and two rental mobile homes as per site plan.

* Approval of a request from Ferguson Realty & Development of Staley that asked that 55 acres located on Whites Chapel Road (just east of Ferguson Farms Clubhouse) be rezoned to allow a residential subdivision. The conditional use rezoning would specifically allow the development of a 29-lot site built subdivision with a minimum house size of 1,500 square feet.

* Approval of a request from Larry Ferree of Ramseur who asked that 3 acres located at 1142 Mill Creek Road be rezoned from residential restricted to residential agricultural/conditional use. The proposed conditional use zoning district would specifically allow a single-wide mobile home to be placed to the rear of the existing home as per submitted site plan. The board added a condition that the home could only be occupied by a family and would be removed once the family member no longer resided there.

* Approval of a request from Neil Hammond of Asheboro who asked that the conditional use permit issued on 1.01 acres (out of 4.67 acres) located on the corner of Union Church Road/Old N.C. 49, Cedar Grove Township, be amended to include minor auto repair and used car sales. The current conditional use permit is issued to allow only a convenience store. The board added two conditions: that Hammond could only have eight cars available for sale at any one time and that there be no outside storage.

* Approval of a request from Schwarz Properties, LLC of Asheboro that asked that 13.04 acres (out of 21.90 acres) located at 4675 U.S. 64 E. be rezoned from light industrial/residential agricultural to highway commercial-conditional use/light industrial-conditional use. The proposed conditional use rezoning would specifically rezone 1.94 acres for retail sales and services, and 11.10 acres for industrial shops and storage as per site plan.


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