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MinutesMINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC January 14, 2013 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland, Mary Jane Bartlett and Gunnar Henderson. Planning Staff Present: Landon Chandler, Planner II, Matt Talbott, Planner I and Teresa Byrd, Planner I and Recording Secretary. Chairman Scott Tripp gave the Invocation and Pledge of Allegiance. All witnesses were sworn in. Conditional Use 1. BA- CU- 01 -13. Howell, Bryan & Terri. Private Athletic Field in an RA -30 & RA- 20M Zoning District; Pin # 0644 -18- 5361.000; Buckhorn Township; SR 1418 (Oakridge River Road). Matt Talbott gave the site analysis and Bryan Howell represented the application. Landon Chandler stated that an ordinance change had been approved for recreational facilities and the requirements were a little bit more relaxed. Andrew Ruhland asked if port-a johns were adequate bathroom facilities and Scott Tripp asked if there was a handicapped port-a john. Landon Chandler stated that it would be looked at by the Harnett County Environmental Health Office. Mary Jane Bartlett asked about the buffer that they would be required to do and Landon Chandler stated that any existing buffer on site can be used as part of their buffer and there is no set buffer requirement. Chairman Scott Tripp asked if he could enter the application into the record and Bryan Howell stated yes. Chairman Scott Tripp asked what he was asking of the board and Bryan Howell stated to turn a large tract of land into a soccer field. Chairman Scott Tripp asked how it would impact the surrounding area and Bryan Howell stated it would have a positive impact on the area. Chairman Scott Tripp asked if there was any additional information that he would like for the board to hear and Bryan Howell stated there would be Leland cypress planted, three port-a johns; their hours of operation would include playing on Sunday; lighting would be implemented down the road. Chairman Scott Tripp asked who would be using the facility and Bryan Howell stated Fuquay -Varina Athletic Association. Chairman Scott Tripp asked if that was the same organization that came to last month's meeting and Bryan Howell stated yes. Chairman Scott Tripp asked if they were hosting the same group of people and Bryan Howell stated they approached him and talked with him about using the property as a soccer field. Chairman Scott Tripp asked how he would prevent other people from using the facility and Bryan Howell stated that it would probably happen, but his dad as well as himself was around the farm most of the time. Mr. Howell stated they would post signs too. Chairman Scott Tripp asked how many people did he anticipate there at any one time and Bryan Howell stated two to three games at any one time. Mr. Howell stated that traffic would not be a problem and there would be enough parking for sixty eight cars. Chairman Scott Tripp asked about the trash and Bryan Howell stated that would be the responsibility of the Fuquay -Varina Athletic Association. Chairman Scott Tripp asked if the chicken houses were active and Bryan Howell stated not for two years. Rick Foster asked if it would be run just like the group last month said and Bryan Howell stated yes. Rick Foster asked if he owned the land and Bryan Howell stated yes. Rick Foster asked if he would be leasing the property to the club and Bryan Howell stated yes. Rick Foster asked if anyone else would be allowed to use the fields and Bryan Howell stated they had a full lease. Mr. Howell stated they would be responsible for port a johns, etc. Rick Foster asked if there would be portable lighting during winter months and Bryan Howell stated yes. Rick Foster asked if they were generated lights and Bryan Howell stated with certain noise restraints. Rick Foster asked if it would be a nuisance for the neighbors and Bryan Howell stated no, he did not want that. Rick Foster asked if he would accept a condition that no lighting shine onto a neighbor's property and Bryan Howell stated yes. Rick Foster asked if he would subdivide the land and Bryan Howell stated yes. Andrew Ruhland stated that the hours of operation were from 8:00 a.m. to 9:00 p.m. on Saturday and the prior was 9:00 a.m. to 9:00 p.m. any difference. Bryan Howell stated that last months were going to be practice fields, which this was the playing fields and they would start earlier. Gunnar Henderson asked if he would be expanding his parking and Bryan Howell stated yes. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated it was the same organization as last months and he felt comfortable with it, but felt that they did need to subdivide the property. Andrew Ruhland agreed with the subdividing of the land. Mr. Foster stated he was glad to hear it was a ten year lease, felt it was in a good location and thought it would be good for area. Andrew Ruhland asked staff about subdividing the property and Landon Chandler stated the intent was to separate the uses. The checklist was completed, with a motion by Andrew Ruhland to approve the request with the conditions that the property be subdivided to size needed, that light trespass rules be observed, hours of operation would be Monday —Friday 5:00 p.m. to 9:00 p.m., Saturday 8:00 a.m. to 9:00 p.m. and Sunday from 10:00 a.m. to 9:00 p.m.; Temporary lighting Monday —Friday 5:00 p.m. to 9:00 p.m. during the months of January, February, October, November and December only. Rick Foster seconded the motion and there was a unanimous vote approving the request. 2. BA- CU- 02 -13. SHC Holdings, Inc. /Bradley Stancil. Apartments in an RA -30 Zoning District; Pin #'s 0670 -85- 1696.000 & 0670 -85- 1514.000; Neill's Creek Township; SR 1570 (Hartwell Circle.). Landon Chandler gave the site analysis and Lester & Freddie Stancil represented the application. Gunnar Henderson asked if the streets were adequate for that type of facility and Landon Chandler stated road width they are, but would have to get a driveway permit from the Department of Transportation. Mary Jane Bartlett asked if they had enough impervious surfaces and Landon Chandler stated it was discussed with applicant and that would have to be granted at a later date. Mr. Chandler stated that this board would then function as a watershed board, but the applicant wanted to see if it would get approved to make sure everything was going to be ok. Mr. Chandler stated that the Special Intensity Allocation Permit was a fifteen hundred to seventeen hundred dollar fee. Rick Foster asked if they had to have fifteen percent open space plus five percent active recreation and Landon Chandler stated that the five percent of active recreation was included in the fifteen percent. Rick Foster asked if they met the fifteen percent on site plan and Landon Chandler stated that their engineer would have to calculate the open space and get those figures. Chairman Scott Tripp asked if the county would ensure that it met the obligation and Landon Chandler stated yes. Rick Foster asked if that was part of the commercial site plan process and Landon Chandler stated yes. Chairman Scott Tripp asked what type of buffer would be required and Landon Chandler explained the buffer they would have to use. Andrew Ruhland asked if they had just approved one in the area recently and Landon Chandler stated yes. Chairman Scott Tripp stated that after the hearing tonight (if approved) it has to meet the impervious surface before they can go forward and Landon Chandler stated yes. Landon Chandler stated it would come back to you as a watershed board in the form of a special intensity allocation permit, which would have to be approved. Chairman Scott Tripp asked if he could submit the application into the record and Lester Stancil stated yes. Chairman Scott Tripp asked what they were asking of the board and Lester Stancil stated to build multi - family units. Chairman Scott Tripp asked how it would impact the surrounding area and it would not. Chairman Scott Tripp asked if there was any additional information and Lester Stancil stated no. Chairman Scott Tripp asked about the old house and Lester Stancil stated it had been removed. Rick Foster asked if they would be townhomes and Freddie Stancil stated yes. Rick Foster asked if they would be rentals and Freddie Stancil stated yes. Rick Foster asked if it would be student housing and Freddie Stancil stated yes. Rick Foster asked how many stories were the townhomes going to be and Freddie Stancil stated two stories. Andrew Ruhland asked what type of open recreation was he planning on having and Freddie Stancil stated basketball and volleyball courts. Robert Crabtree came forward in opposition and stated he was a builder /developer that owns property in Buies Creek. Mr.Crabtree stated that Hartwell Circle consist of retired school teacher, retired army veteran and a lot of elderly people. Mr. Crabtree stated it was a quiet neighborhood and if this was allowed to go in there would be loud music, partying and these college kids playing football running across other people's yards. The college kids like to aggravate dogs, ring door bells and run. Mr. Crabtree stated he does a lot of his own repairs and he sees what goes on. Chairman Scott Tripp asked where he lived and Robert Crabtree stated he had a rental house next to this site. Mary Jane Bartlett asked if he had any suggestions as to what could go there and Robert Crabtree stated to build two houses on it. Elizabeth & Waymon Byrd came forth in opposition and stated their concerns. Mrs. Byrd stated she was opposed to the building and agreed with Mr. Crabtree in that they need to build something smaller. Mrs. Byrd stated that they had lived there for sixty years and was very much opposed to the large facility. Mr. Byrd stated his concerns on the traffic and the number of people that would be going in and out of there and felt it was a safety issue. Barbara Jean Pryor came forth in opposition and had concerns about traffic and safety. Chairman Scott Tripp asked how long she had lived out there and Ms. Pryor stated thirty to forty years. Chairman Scott Tripp called Freddie Stancil back to the podium. Freddie Stancil stated they would do a good job and had a good relation with campus security. Chairman Scott Tripp asked if he heard the concerns of his neighbors and Freddie Stancil stated that if they had any problems they would address it the next day. Rick Foster asked if he would be willing to give contact information to the neighbors and Freddie Stancil stated yes. Bob Cogswell, General Counsel for Campbell University. Mr. Cogswell stated that Campbell University had a contract with the Harnett County Sherriff's Office and if it was off campus that a Sherriff's Deputy would respond and not campus police. Chairman Scott Tripp closed the public hearing and had board discussions. Rick Foster stated that all areas are faced with transition and a college campus is one of them. Mr Foster stated that he sympathized with the folks living out there, but it is bound to happen. Mr. Foster stated that the applicant is going to work with the neighbors and do as much buffer as possible. Chairman Scott Tripp agreed and stated it was natural to have fears as to what type of tenants will go in. Andrew Ruhland stated that the Stancil cousins are managers and builders and will ensure the rules are followed. Mr. Ruhland stated that you can do a lot of governing on your own property and there was a need for this type of facility; felt it was a good fit. Mary Jane Bartlett had some DOT concerns. Landon Chandler stated it was up to DOT and he had seen it go both ways. The checklist was completed and Rick Foster made a motion to approve the request with no conditions. Gunnar Henderson seconded the motion and there was a unanimous vote approving the request. The minutes for the December 2012 meeting were presented for approval. Andrew Ruhland made a motion to approve the minutes as written. Rick Foster seconded the motion and there was a unanimous vote to approve the minutes. The meeting was adjourned at 8:35 p.m. Scott Tripp, Chairman Rick Foster, Vice Chairman Teresa yrd, Recording SlIkeretary Landon Chandler, Planner II Date