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MinutesMINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC December 10, 2012 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland, Mary Jane Bartlett and Alternate Member Robert Doberstein. Planning Staff Present: Mark Locklear; Manager of Planning Services; Jay Sikes, Senior Planner; Matt Talbott, Planner I; Randy Baker, Senior Zoning Inspector and Teresa Byrd, Planner I and Recording Secretary. Also present was Board of Adjustment Attorney Dwight Snow and Staff Attorney Janet Smith. Chairman Scott Tripp gave the Invocation and Pledge of Allegiance. All witnesses were sworn in. Chairman Scott Tripp asked for a motion to move Case # BA- CU -27 -12 to the top of agenda. Andrew Ruhland made a motion the case to the first item on the agenda. Robert Doberstein seconded the motion and there was a unanimous vote. Conditional Use 1. BA- CU- 27 -12. Carolina Copperheads, Inc. / SUM Soccer Properties, Inc. Private Athletic Field in an RA -30 Zoning District; Pin # 0635 -83 -1271; Buckhorn Township; SR 1417 (Bakertown Road). Jay Sikes gave the site analysis and Robert Sedivy represented the application. Jay Sikes made mention to some changes the applicant wanted to make to his application in reference to the hours of operation and lighting. Chairman Scott Tripp asked for a motion to amend his application with the amendments the applicant requested. Mary Jane Bartlett made a motion to approve the amendment with a second by Andrew Ruhland and there was a unanimous vote. Chairman Scott Tripp asked if this came as an application and not a non - conforming situation and Jay Sikes stated yes. Chairman Scott Tripp asked about the categories of athletic fields and Jay Sikes stated there are two categories one being recreational facilities and the other is private athletic fields. Mr. Sikes stated that Robert Sedivy came in and spoke with Mark Locklear and himself and they determined this was the best fit in the use table of the ordinance. Rick Foster asked if there would be a sound system and Jay Sikes stated yes, but no loud speakers and there would be no play by play announcing. Rick Foster asked if the sound system was part of the application and Jay Sikes stated he did not see that it was. Robert Doberstein asked if there would be any buildings at the facility and Jay Sikes stated there would be no permanent buildings, no restroom facility and no extension of utilities. Chairman Scott Tripp asked that during the commercial site plan review they would be required to have port-a johns which are handicapped accessible and Jay Sikes stated yes. Jay Sikes stated the commercial site plan review would also require parking which would be crush -n -run. Andrew Ruhland asked if the parking lot had to be paved and Jay Sikes stated no. Andrew Ruhland asked what the spacing and parking ratio would be and Jay Sikes stated two spaces per participants. Chairman Scott Tripp asked Robert Sedivy if he could submit his application into the record and Mr. Sedivy stated yes. Chairman Scott Tripp asked what he was asking of the board and Robert Sedivy stated that had lost their fields in Fuquay -Varina and they needed a place to play. Mr. Sedivy stated there would be one large field and several small fields. Chairman Scott Tripp asked how it would impact the surrounding area and Mr. Sedivy stated it would not. Mr. Sedivy stated there would be no parking along the road and it would have minimal impact. Mr. Sedivy stated it would be a service to the community. Chairman Scott Tripp asked if there was any other information he would like to present and Mr. Sedivy stated no. Chairman Scott Tripp asked if there would be gravel drive and Mr. Sedivy stated yes. Chairman Scott Tripp asked if he would have temporary lighting and Mr. Sedivy stated diesel powered generated lights. Chairman Scott Tripp asked how loud would that be and Mr. Sedivy stated that you would not be able to hear it 100 feet away. Chairman Scott Tripp asked what age group and Robert Sedivy stated younger kids. Chairman Scott Tripp asked if it would be year round and Robert Sedivy stated yes. Chairman Scott Tripp asked when his group was not using the facility how he would control trespassing and someone else using the facility. Robert Sedivy stated they would chain the goals together and felt the neighbors would let them know. Andrew Ruhland asked how many people did he think would be there at any given time and Robert Sedivy stated there would be two or three games going at a time, so about forty or fifty people at any given time. Andrew Ruhland asked for him to recap the hours of operation and Robert Sedivy stated Monday through Friday 5:00 p.m. to 9:00 p.m.; Saturday 8:00 a.m. to 9:00 p.m.; Sunday 10:00 a.m. to 9:00 p.m. Andrew Ruhland asked if there would be any mass grading and Robert Sedivy stated no that they intend to use as is. Rick Foster asked how many cars did he expect on any given day and Robert Sedivy stated 25 -40 cars is the maximum that he expected. Rick Foster asked about lighting and if it would be aimed toward the field. Robert Sedivy stated yes that they would be aimed away from the road or any houses in the area. Rick Foster asked about litter control and Mr. Sedivy stated there would be several trash cans, with coaches being informed that they leave nothing on the field. Rick Foster asked how long had the league been operating and Robert Sedivy stated since 1989. Mary Jane Bartlett asked if this was a temporary facility and Robert Sedivy stated that they were going to lease this for two years with an option to renew. Mr. Sedivy stated it is not the ideal place because of the slope and would really like to develop a soccer complex. Mr. Sedivy stated that takes time and money. Mary Jane Bartlett asked one complex with all facility and Robert Sedivy stated yes, which would require at least thirty acres. Mary Jane Bartlett asked if they would be using seven days a week and Robert Sedivy stated yes. Robert Doberstein asked the size of the large field is 70x110 and Robert Sedivy stated it was a full size field. Robert Doberstein asked how many personnel and Robert Sedivy stated one coach and one assistant coach for each team and field marshals. Pam Baker came forth in opposition and stated her concerns about a flyer that floated around for this property. Ms. Baker entered the brochure into the record. Ms. Baker stated it was a bring your own booze type of an event and she wanted to make sure they were not going to do anything like that. Rick Foster asked if she saw anyone using the field would she call the police and Ms. Baker stated yes. Chairman Scott Tripp asked Robert Sedivy to come back to podium. Chairman Tripp asked if he heard the concerns of his neighbors and Robert Sedivy stated he understood that event was squashed and that it had been wrote into his lease that they were the only ones that would be using the facility. Mary Jane Bartlett asked if there would ever be any fundraising at this location and Robert Sedivy stated no. Chairman Scott Tripp closed the public hearing and had board discussions. Andrew Ruhland stated it was a good fit for the area. Chairman Scott Tripp stated there was no opposition and all concerns were addressed. Rick Foster felt it was a good area and felt Mr. Sedivy had a lot of experience running this type of facility. The checklist was completed and Rick Foster made a motion to approve the request with the conditions that the hours of operation be Monday through Friday from 5:00 p.m. to 9:00 p.m.; Saturday from 8:00 a.m. to 9:00 p.m.; Sunday from 10:00 a.m. to 9:00 p.m.; Temporary lighting be used only during January, February, October, November and December. Andrew Ruhland seconded the motion and there was a unanimous vote. Chairman Scott Tripp called a recess at 7:25 p.m. Chairman Scott Tripp called the meeting back to order at 7:30 p.m. Rehearing of Appeal 2. BA- AP- 02 -11. Kent Jeffries and North Harnett Property Rights Association; Hector's Creek & Black River Townships, SR # 1441 (Chalybeate Springs Road). This case was denied by the Board of Adjustment on April 11, 2011. It was appealed to Superior Court and now has been remanded back to the Board of Adjustment by Judge Tanya T Wallace for the board to hear certain evidence of the appellants. Chairman Scott Tripp gave a brief analysis of case and stated that this case was remanded back to the Harnett County Board of Adjustment for further review from Superior Court Judge Tanya T Wallace and then read her order. Chairman Scott Tripp asked for introductions and Kent Jeffries and Hank DeBragga representing themselves and the North Harnett Property Rights Association. Janet Smith, Staff Attorney representing the county staff; Walter Bryant, Attorney representing the interveners and Barry Bloch, Assistant Attorney General representing Martha Glass, Agritourism Manager. Mr. Bloch stated he was there and had filed a motion to quash the subpoena of Martha Glass and that she be excused. Chairman Scott Tripp then asked Mr. Kent Jeffries about the Letter of Continuance for this case that he had submitted and what grounds was he wanted a continuance. Kent Jeffries stated that he and Hank DeBragga had met with State Senator Ellie Kinnaird, who is working with the North Carolina League of Municipalities, North Carolina Association of County Commissioners, North Carolina Department of Agriculture and the North Carolina Drafting Division of the North Carolina General Assembly in order to develop a solution to the issue at hand. Kent Jeffries stated that she had asked if they could get this postponed, because of a meeting delay among the group. Kent Jeffries stated that another reason was that Martha Glass and David Owens were not there and they had been subpoenaed. Kent Jeffries stated that the subpoenas had been delivered with the wrong date. Mr. Jeffries stated the importance of the presence of Martha Glass and David Owen and felt they were very vital to their case. Chairman Scott Tripp then asked if he was aware of the timeline that the judge has given in this case and Mr. Jeffries stated that the order said should be heard within six months not it shall be held and there is a difference. Mr. Kent Jeffries stated there is time for this to be continued. Janet Smith, Staff Attorney for Harnett County stated that the county is ready and that Mr. Randy Baker was present and had been severed with a subpoena. Janet Smith then stated that if Kent Jeffries and the North Harnett Property Rights Association wanted to rely on a legislative solution then they should go ahead and dismiss this case. Janet Smith this stated that the legislation does not go back into session until January 30tH Scott Tripp asked if she was opposed to the continuance and Janet Smith stated yes. John Bryant, Attorney for interveners, Drakes Landing at Andrews Farm. Mr. Bryant stated the subpoenas should have been issued on the 30th day of November and also that same day he sent an email to the county for a continuance. Mr. Bryant stated that he did not think that Mr. Jeffries received the email from David Owens today. Mr. Bryant stated Mr. Owens copied him and Dwight Snow and he received it at 5:22 p.m. Mr. Bryant stated that Mr. Owens offered to do an affidavit because he felt his testimony was not amicable into evidence in court and Mr. Bryant agreed based upon the agritourism statue and puts the burden on this board to decide what agritourism is for this county. Mr. Bryant stated he did not see any reason for a continuance and felt they should start the hearing tonight and at least the hearing had begun while waiting on the testimony of Martha Glass and David Owens. Mr. Bryant stated that his client William Dan Andrews will be out of town during the next hearing date. Chairman Scott Tripp asked Mr. Bloch that if a continuance was granted would that give Martha Glass time to appear and it be more convenient for her. Mr. Bloch went on to say that his instruction and her wishes that the Department of Agriculture does not have a dog in this fight. Mr. Bloch stated that she is the Manager of Agritourism and does not set the rules, but only provides information. Hank DeBragga stated that he was not aware of the requirement that the subpoenas had to go out thirty days prior. Mr. DeBragga stated that without these two people they would not have a complete case and fair conclusion. Mr. DeBragga stated that Martha Glass was knowledgeable in agritourism. Chairman Scott Tripp stated they had heard from both parties. Rick Foster asked what the relevance was for future legislation to this case from 2011. Mr. Foster stated that it is not retroactive. Mr. Kent Jeffries stated that the legislation could be crafted in such they would have to come into compliance. Rick Foster stated that he was reluctant to delay this hearing. Kent Jeffries, Hank DeBragga and all attorneys involved went on to argue their cases as to why and why not to continue this case. The board then had discussions and Scott Tripp then asked for a motion to continue the case. Rick Foster made a motion to deny the continuance based on they had two months to be ready. Scott Tripp seconded the motion and there was a 2 — 3 vote with, Ruhland, Bartlett and Doberstein opposed and the motion failed. Chairman Scott Tripp then entertained a new motion. Andrew Ruhland then made a motion to continue until the January meeting and Mary Jane Bartlett seconded the motion, there were a 3 -2 vote with Tripp and Foster opposed. Chairman Scott Tripp stated that majority rules and the motion to continue was granted. Chairman Scott Tripp then told Mr. Bloch that the motion to continue cancelled out the subpoenas. Chairman Scott Tripp then told Kent Jeffries and Hank DeBragga to re- subpoena their witnesses immediately. John Bryant then asked for a special meeting because of his clients being out of town. Chairman Tripp then set a special meeting of the board on January 8, 2013 at 6:30 p.m. The meeting was continued until that date. The minutes for the November 2012 meeting were presented for approval. Andrew Ruhland made a motion to approve the minutes as written. Robert Doberstein seconded the motion and there was a unanimous vote to approve the minutes. The meeting was adjourned at 9:10 p.m. Teresa Byrd, Recordin Secretary / -1q- 13 Date