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01Minutes14MINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC January 13, 2014 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 -14. AAMH Inc. C/O Ahmed M. Abadi / Glenn, Robert. A Cafe in an RA -20R Zoning District; Johnsonville Township; PIN # 9565 -97- 8475.000; NC Hwy 24. Matt Talbott gave the site analysis and Robert Glenn represented the application. Chairman Scott Tripp asked if the building had been used for a restaurant before and Matt Talbott stated not to his knowledge, but it had been used as a beauty salon and tanning shop. Rick Foster asked if there was a septic tank on the property and Matt Talbott stated yes. Rick Foster asked if he would go through the commercial site plan process and Matt Talbott stated yes. Mary Jane Bartlett asked if they were currently open and Matt Talbott stated no. Rick Foster asked if a commercial business had been in that part of the building, why did they have to come before the board and Matt Talbott stated change in use. Chairman Tripp asked if it was zoned residential and Matt Talbott stated yes. Chairman Scott Tripp asked if he could submit the application into the record as submitted and Robert Glenn stated yes. Chairman Tripp asked what he was asking of this board and Robert Glenn stated to open a cafe. Chairman Tripp asked how it would impact the surrounding area and Robert Glenn stated it would have a great impact. Chairman Tripp asked if he had any additional information and Mr. Glenn stated that he aim to serve all and offer something different to the community. Mr. Glenn stated he wanted to help the people in need and it would be an attribute to Cameron. Mr. Glenn stated that his goals were to have exceptional customer service, maintain a good working relationship, cater, do fundraisers and have something that is highly profitable. Chairman Tripp asked the hours of operation and Mr. Glenn stated 10:00 a.m. to 9:00 p.m.; Sunday through Thursday; 10:00 a.m. — 10:00 p.m.; Friday and Saturday. Mr. Glenn stated that he would do lunch and dinner. Chairman Tripp asked if there would be any deliveries and Robert Glenn stated no, just to go orders and catering events. Andrew Ruhland asked if there would be a seating area and Mr. Glenn stated no dine in just to go orders. Andrew Ruhland asked if there would be any signage and Mr. Glenn stated yes. Andrew Ruhland asked if he was staying in the house and Mr. Glenn stated no. Rick Foster asked if he would be selling alcohol and Mr. Glenn stated no. Rick Foster asked if there would be any gaming machines and Robert Glenn stated no, maybe music or a TV. Tim McNeill came forth and stated he was an elder in Cameron Hill Presbyterian Church. Mr. McNeill was there for the church and to talk about the driveway that runs along beside the church property, which was a cemetery. Mr. McNeill stated they were not opposed to the business, but was concerned with people cutting through the cemetery. Mr. McNeill asked that the board would consider having the owner put a privacy fence along the property line. Chairman Tripp asked for Mr. McNeill to point out the property he was talking about and Mr. McNeill approached the board and showed on a map. Chairman Tripp felt that his request was legitimate, but felt the length of the property would be a bit much. Rick Foster asked him how far he wanted the fence to go and Mr. McNeill stated he would leave that up to the planning department. Rick Foster asked if a fence along the cemetery up to the edge of the building would be ok and Mr. McNeill stated yes. Andrew Ruhland stated that it seemed unfair to the applicant and asked where the property owner was at. Charles Cooley came forth in opposition and stated he lived in the house adjacent to this building on the other side. Mr. Cooley stated he has had several issues with the landowner. Mr. Cooley stated that the cars race out of the parking lot of the convenience store that is there now and with the cafe it would be added traffic. Mr. Cooley stated he has issues with people parking on his property. Mr. Cooley stated his concerns about trash and have them put a septic drainage field in, because he has sewage going across his driveway now and the owner has no public restroom, so people go behind the building by the dumpster to urinate and he had concerns about health issues. Andrew Ruhland asked if the dumpster was closed off and Mr. Cooley stated no and they need a fence along that side as well. Andrew Ruhland asked if he had spoken with the Sherriff's office and Mr. Cooley stated yes and it was under surveillance. Andrew Ruhland asked if someone lived in the home and Mr. Cooley stated once in a while, that it is the owner's step daughter. Rick Foster asked if his house was at the end of the driveway and Mr. Cooley stated yes. Mr. Cooley stated that the fuel tanks were still in the ground and there was black stuff oozing out of them. Mr. Cooley stated he would like a privacy fence as close as you could get to highway along his property line just past the building. Rick Foster asked staff back to the podium and stated that we had heard the concerns about buffer and wanted the buffer explained. Landon Chandler, Planner II came forth and stated that because it was a legal non - conforming, he would retain his grandfather clause and there would be very minimal amount of traffic. Mr. Chandler stated that the Type C buffer would not be implemented and the privacy fence could be a condition of the board. Chairman Scott Tripp asked if there were any requirements on the dumpster and Landon Chandler stated that he would have to have that screened. Chairman Tripp asked what was that and Mr. Chandler stated it would have to be enclosed. Mr. Chandler stated he would have to have a driveway permit from NC Department of Transportation. Chairman Scott Tripp closed the public hearing and had board discussions and came to the conclusion to table to February 10, 2014 meeting so the property owner could be present, because the board felt that the owner had a lot of questions to answer. Andrew Ruhland made a motion to table until next meeting date of February 10, 2014. Mary Jane Bartlett seconded the motion and there was a unanimous vote to table. 2. BA- CU- 02 -14. Hanson Aggregates SE, LLC- Gardner / Garvey, Jack. Expansion of Existing Mining Business; Anderson Creek and Stewart's Creek Township; RA -30; RA -20R & Conservation Zoning District; PIN #'s 0548- 53- 8059.000(Winston & Wells property); 0548 - 62- 9968.000(Matthews & Hardee property); 0548 -63- 5162.000 (Matthews property); 0548- 73- 7160.000 (Norris property); 0548 -85- 5432.000 (Becker Minerals property); 0548 -94- 4094.000 (Becker Minerals property); 0548 -83- 5334.000 (Becker Minerals property); Intersection of SR # 2072 (McNeill Hobbs Road) & NC Hwy 210 South. Landon Chandler gave the site analysis and Allan Burnette, Jack Garvey represented the application. Chairman Scott Tripp stated he understood they are bringing old section into compliance with sites 3 & 4 being new and Landon Chandler stated yes. Chairman Tripp asked if it was the south side of McNeill Hobbs Road and Landon Chandler stated the expansion was in pink on the map. Chairman Tripp asked if they had a NC Department of Transportation permit and Landon Chandler stated they were in talks with them. Chairman Tripp asked if they were relocating McNeill Hobbs Road and Landon Chandler stated a portion of it. Chairman Tripp asked if it would at the expense of the applicant or state and Landon Chandler stated applicant. Rick Foster asked if it would go to Development Review Board for Commercial Site Plan Review and Landon Chandler stated yes. Rick Foster asked if they had approved one a year or so ago and Landon Chandler stated the most recent was off Hwy 217 and that expansion was approved. Chairman Scott Tripp asked if he could submit the application into the record as submitted and Allan Burnette state yes. Chairman Tripp asked what he was asking of the board and Mr. Burnette stated they were bringing all the property into compliance which allows mining and will be expanding the existing site. Chairman Tripp asked how it would impact the surrounding area and Mr. Burnette stated they had been in business for 35 years or since 1979 and was not asking to drastically change anything. Chairman Tripp asked if he had any other information and Mr. Burnette went on to explain their plans for expansion. Andrew Ruhland asked how tall would the berm be and Mr. Burnette stated 60 feet. Andrew Ruhland asked how long you plan to keep mining and Allan Burnette stated 15 to 20 years. Andrew Ruhland asked how much truck traffic would there be and Allan Burnette stated none. Rick Foster asked if they had a good track record and Mr. Brunette stated yes, never had any problems. Rick Foster asked how often would there be blasting and Allan Burnette stated maybe once a week. Rick Foster asked how the blasting impacts the neighbors and Allan Bumette explained how the blasting was done. Mary Jane Bartlett asked the hours of operation and Allan Burnette stated 6:00 a.m. to 5:00 p.m. 5 days a week and maybe some Saturdays. Mary Jane Bartlett asked about the equipment used and Allan Bumette explained the equipment used. Johnny Atkins and William King came forth and were sworn in. They both had concerns for Harmony Baptist Church that was nearby and they were members of the church. They had concerned with the blasting and what damage it might do to the church. They stated concerns about where they were going to move the road and the traffic. Larry Lanier came forth with questions about the land on the side of the river and if they had plans to mine that and Allan Burnette stated there were no plans at this time. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated it was a needed service and they were doing it the right way. He stated there were no major issues, that he could see and they had a good business plan, with other board members agreeing. The checklist was completed and Mary Jane Bartlett made a motion to approve the request, with the condition that the seismic activity and noise be monitored, a structural survey be done for Harmony Baptist Church, will have to apply for conditional use permit for any changes to truck entrance or if they plan on move scales. Andrew Ruhland seconded the motion and there was a unanimous vote. The minutes for the December 2013 meeting were presented for approval. Rick Foster made a motion to approve the minutes as written. Gunnar Henderson seconded the motion and there was a unanimous vote. There was no old business and the meeting was adjourned at 8:50 p.m. /Se t Tripp, Chairman ck Foster, Vice Chairman Teresa/'Byrd, Recording S(° retary 'S 62 l� Landon Chandler, Planner II Date