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10Minutes13MINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC October 14, 2013 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Mary Jane Bartlett, Gunnar Henderson and Alternate Robert Doberstein. Alternate Don Harrop was present for standby purposes. Planning Staff Present: Landon Chandler, Planner II, Matt Talbott, Planner I; Randy Baker, Senior Zoning Inspector 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- 29 -13. D & Q Motor Sports, LLC/ Bruce, Jeffrey. Motorcycle Repair Shop in an RA -30 Zoning District; Black River Township; PIN # 0682 -58- 5160.000; NC Hwy 55 W. Matt Talbott gave the site analysis and Jeffrey Bruce represented the application. Chairman Scott Tripp asked if the applicant was only asking for a motorcycle business and Matt Talbott stated yes. Rick Foster asked if the use regulation would apply if conditional use was granted and Matt Talbott stated yes. Chairman Scott Tripp asked if automotive would be permitted and Landon Chandler stated it could, unless there is a condition placed to limit to ATV or motorcycle repair. Chairman Scott Tripp asked if they have to classify under certain conditions and Landon Chandler stated the impact is the same. Gunnar Henderson asked if the site parcel would have to be separated and Matt Talbott stated yes. Chairman Scott Tripp then asked if he could submit the application into the record and Jeffrey Bruce stated yes. Chairman Scott Tripp asked what he was asking of the board and Jeffrey Bruce stated to expand his business. Chairman Scott Tripp asked how it would impact the surrounding area and Jeffrey Bruce stated it would gain employment and it would look better. Chairman Scott Tripp asked if he had any additional information and Mr. Bruce stated he just wanted to expand his business. Chairman Scott Tripp asked where his business was located now and Mr. Bruce stated downtown Angier. Chairman Tripp asked why he chose this particular area and Mr. Bruce stated he lived there. Chairman Tripp asked if he was aware of the hoops he would have to jump through, as far as buffering, fencing, pavement expenses, if approved and Mr. Bruce stated yes. Gunnar Henderson asked if it was a vacant lot and Mr. Bruce stated yes. Gunnar Henderson asked if there was a gas company up the street and Mr. Bruce stated yes. Mary Jane Bartlett asked what the prior use of the property was and Mr. Bruce stated a cabinet shop that burnt down. Mrs. Bartlett asked if he had spoken with any neighbors and Mr. Bruce stated yes. Mary Jane Bartlett asked if he had a site plan and Mr. Bruce state yes. Mrs. Bartlett asked what size was the building going to be and Mr. Bruce stated 4,000 square feet. Mrs. Bartlett asked if there would be any retail sales out of that building and Mr. Bruce stated no. Mrs. Bartlett asked if it would be a metal structure and Mr. Bruce stated it was going to be a steel building. Mrs. Bartlett asked if it would just be small engine repair, no automobiles and Mr. Bruce stated yes. Chairman Scott Tripp asked how long he had been at his current location and Mr. Bruce stated he has owned for six years, but worked for ten years. Rick Foster then clarified there would be no automobile repair and Mr. Bruce yes, he did not want that. Rick Foster asked his hours of operation and Mr. Bruce stated Monday through Friday 10 -7, Saturday 8 -5 and closed on Sundays. Rick Foster asked if he would be ok with a condition of no operating during the night and Mr. Bruce stated that was fine. Rick Foster asked how he would contain the oil or chemicals on site and Mr. Bruce stated oil drums with catch traps, separate containers for anit -freeze and through Noble Oil Service. Robert Doberstein asked the number of employees he would have and Mr. Bruce stated 2 to 3 with a total of 5. Robert Doberstein asked about the noise and Mr. Bruce stated he would keep the noise down. Max Henries came forth with some questions and stated he lived on the adjoining property. Mr. Henries asked what the construction of the building would be and Chairman Scott Tripp stated metal. Mr. Henries asked if there would be a privacy fence put in and Chairman Tripp stated yes as well as buffering. Mr. Henries asked if there would be a requirement for a turning lane and Chairman Tripp stated they would have to get a driveway permit and NC DOT would tell them if there needs to be a turning lane. Mr. Henries then stated his concerns about noise and stated he had not spoken with Mr. Bruce, but wanted to be a good neighbor. Chairman Scott Tripp stated he has twelve months to activate his conditional use permit. Chairman Tripp asked if there was anything the board could do to alleviate his concerns and Mr. Henries stated he wants him to hold the noise down, that when it was a motorcycle track they would ride all weekend and that was his biggest concern. Rick Foster asked staff to address the buffering requirements and Matt Talbott read what would be required of this business as far as buffering. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Scott Tripp then reopened the hearing and had the applicant to come back to the podium. Chairman Tripp asked what he would be doing to alleviate the noise and Mr. Bruce stated a privacy fence and buffering. Mr. Bruce stated he would talk with him and see what he would like to see. Chairman Scott Tripp asked if he would be riding the motorcycles and Mr. Bruce stated the street bikes they would be riding. Mary Jane Bartlett asked the location of the building, if he would have one big door on back and Mr. Bruce stated yes. Mary Jane Bartlett asked if the door would be located on right side and open out to the left and Mr. Bruce stated yes with parking in front and left. Mr. Bruce stated he was required 17 to 19 parking spaces. Chairman Scott Tripp asked about the right -of -way and Mr. Bruce stated he did not know about the right of way, but would be leaving it there. Mr. Bruce stated he thought it was his anyway. Chairman Scott Tripp once again closed the public hearing to have board discussions. Rick Foster stated he thought it was a good use for the property and there was a propane co across the road. Mr. Foster felt it would improve the lot. Chairman Scott Tripp agreed and stated there was a business on the property before. Chairman Tripp stated they would have to go through the commercial site plan review process and will have to meet the ordinance. Chairman Tripp stated he has rules to play by and felt it was a good use for the property. Mary Jane Bartlett stated she would like to see the condition that the hours of operation are 8:00 a.m. until 7:00 p.m. or 8:00 a.m. until 8:00 p.m. Monday through Saturday and Rick Foster, Chairman Tripp agreed. Chairman Tripp stated to make sure they limit to small engine and motorcycle repair. Rick Foster stated ATV and motorcycle repair. Chairman Tripp stated that cars are a little intrusive, but he could keep this locked up and it will never be seen. The checklist was completed and Rick Foster made a motion to approve the request with the conditions that the hours of operation be from 8:00 a.m. to 8:00 p.m. Monday through Saturday; limit to motorcycle and ATV repair, with no automobiles or trucks. Robert Doberstein seconded the motion and there was a unanimous vote to approve. 2. BA- CU- 30 -13. Kidd, Thomas B / Kidd's Place. Pistol Range in an RA -30 Zoning District; Buckhorn Township; Pin # 0625 -18- 7283.000; NC Hwy 42. Landon Chandler gave the site analysis and Thomas Kidd represented the application. Gunnar Henderson stated he was friends with Mr. Kidd, but it would have no bearing on his decision. Chairman Scott Tripp asked for him to describe his relationship with Mr. Kidd and Gunnar Henderson stated they were friends. Chairman Scott Tripp then asked if there was anyone who objects to Mr. Henderson remaining on the board, during this case and there was none. Rick Foster then disclosed two prior contacts with Mr. Kidd. Mr. Foster stated that because of the location of the site, that he and Mr. Doberstein went to Mr. Kidd's property, but had no material discussions. Mr. Foster stated he had served on a committee with Mr. Kidd for the county on a firearms ordinance. Chairman Scott Tripp then asked if anyone had any issues with Mr. Foster remaining on case and there was none. Chairman Scott Tripp asked if this was approved as a skeet shooting range and Landon Chandler stated yes, a recreational facility. Chairman Tripp asked how long ago was it approved and Landon Chandler stated two to three years ago. Chairman Tripp asked if it was an expansion and Landon Chandler stated no, this was for an outdoor shooting range. Chairman Tripp asked if this was for pistol and no rifle and Landon Chandler stated correct. Robert Doberstein stated he thought it would be indoor and Landon Chandler stated it was covered, but not completely enclosed. Rick Foster asked if there was specification on how close range can be from property lines and Landon Chandler stated 300 feet. Chairman Scott Tripp asked if there had been any complaints on the previous conditional use and Randy Baker stated no. Chairman Scott Tripp asked if he could submit the application into the record and Thomas Kidd stated yes. Chairman Tripp asked what he was asking of this board and Mr. Kidd stated he wanted to put a pistol pit on his farm and drop it down about 20 feet. Chairman Tripp asked how it would impact the surrounding property and Thomas Kidd stated it should not and that he wanted to keep it in the ground, with a five foot privacy fence and Leland Cypress trees. Chairman Tripp asked what caliber of gun he would have and Mr. Kidd stated 45 calibers. Chairman Tripp asked him to elaborate on the containment of all rounds and Thomas Kidd stated he would have berms twenty feet tall, 12 to 15 thick, and 100 foot at bottom. Chairman Tripp asked if he would follow NRA recommendations and Mr. Kidd stated probably double that. Chairman Tripp asked what the structures were made of and Mr. Kidd stated 6 x6, 4 feet stalls in building. Chairman Tripp asked if there would be range safety officers and Mr. Kidd stated yes. Chairman Tripp asked if he would be hosting any events and Mr. Kidd stated no. Chairman Tripp asked how many people would be in the stalls and Mr. Kidd stated 7 to 8 at a time. Chairman Tripp asked if anyone would be in pit and Mr. Kidd stated no. Chairman Tripp asked his hours of operation and Mr. Kidd stated 9:00 a.m. -9:00 p.m., one night a week. Chairman Scott Tripp asked how much of his land would he use for the pistol pit and Mr. Kidd state one acre. Chairman Scott Tripp asked how wide was his property and Thomas Kidd stated 400 feet. Rick Foster asked if he would be operating on Sundays and Thomas Kidd stated yes, that he holds tournaments for sporting clays, not pistols. Gunnar Henderson asked if he would be under ground with pistol pit and Mr. Kidd stated yes. Joe Miller, Harnett County Commissioner came forth in favor and stated he sat on the committee with Mr. Foster and Mr. Kidd. Mr. Miller stated they had been working with Mr. Baker and Mr. Locklear to address issues in the UDO. Mr. Miller stated that he felt it was a good thing. Kirsten Bunt came forth with questions and stated she lived around the corner from the site. Her concerns were with the pistol and hearing the shots. Ms. Bunt stated the level of noise that would come from the pistols. Chairman Scott Tripp asked how close she was and Ms. Bunt stated approximately one and half miles from this site. Chairman Scott Tripp called Thomas Kidd back to the podium. Chairman Tripp stated that noise was always an issue and what he would do about the noise. Thomas Kidd stated he was not a big pistol shooter, but the pistol pit would be confined and in the ground. Mr. Kidd went on to say there would be buffering in place and this would contain the noise. Jason Anderson came forth in opposition and stated he lived on Hidden Valley Drive, which was not even a mile. Mr. Anderson had concerns of the loudness of handguns and stated his wife was concerned because he had PTSD. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated that the work being done on ordinance sounds great and there will be rules to abide by. Chairman Tripp stated that if there are people not abiding by those rules, it needs to be brought to the county's attention. Chairman Tripp stated it was a pit with baffling above the range, with no projectiles going outside of the big berm. Chairman Tripp stated he was in favor of the application and felt Mr. Kidd was doing the best for the county, as well as for the interest of his neighbors. Rick Foster agreed and stated it was a NRA certified range and there would be tight control. Mr. Foster felt this range should be a model for the county ordinance and he had the sporting clay range for a couple of years with good testimony and great track record. Mr. Foster felt it was a good use for the property and there was no opposition. Gunnar Henderson stated the main concern he heard was the noise. Mr. Henderson stated the pit would be in the ground, covered and the sounds would be muffled. Mr. Henderson felt the noise would be well contained. Mary Jane Bartlett stated she was not a gun person and she felt that you would hear more noise with a shotgun than a pistol. Mrs. Bartlett stated that she would not want that noise in her area and have her community impacted, but she was not involved in that hobby. Mrs. Bartlett stated she was not against it and there was no opposition. Rick Foster stated Mrs. Bartlett brought up a good point, but the impact was already there with the sporting clay. Chairman Tripp stated the fact being limited to the caliber of the handgun, that a rifle would be much louder, if aloud. Chairman Tripp stated the conditions should be the ones the county touched on like limit to handguns, hours of operation, limited to dusk in the past, it be one acre, buffering. The checklist was completed and Rick Foster made a motion to approve the request with the conditions that the range be limited to 45 caliber or less on the handguns; that it be a static shooting range with no moving targets, hours of operation be from 9:00 a.m. to 9:00 p.m. 7 days a week, max number of shooting stations be limited to eight, one acre of the 43 acre tract be allocated to the activity of the pistol pit. Robert Doberstein seconded the motion and there was a unanimous vote to approve. The minutes for the September 2013 meeting were presented for approval. Robert Doberstein made a motion to approve the minutes as written. Gunnar Henderson seconded the motion and there was a unanimous vote. Landon Chandler gave some legislative updates as well as introduced a new Board of Adjustment Alternate Member Richard Cruickshank. There was no old business and the meeting was adjourned at 8:15 p.m. G� t Tripp, Ch an Rick Foster, Vice Chairman Landon Chandler, Planner II C��-&LOL TeresajAyrd, Recording cretary 11-12--13 Date