08Minutes14 DL Special SessionMINUTES
HARNETT COUNTY BOARD OF ADJUSTMENT
County Administration Building
102 East Front Street, Lillington, NC
August 27 & 28, 2014 6:00 PM
PUBLIC HEARING
Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland,
Mary Jane Bartlett and Alternate Robert Doberstein. Planning Staff Present: Mark Locklear,
Director of Planning Services; Jay Sikes, Manager of Planning Services; Landon Chandler,
Senior Planner; Matt Talbott, Planner I; Randy Baker, Senior Zoning Inspector and Teresa Byrd,
Planner I /Recording Secretary.
Chairman Scott Tripp gave the Invocation and Pledge of Allegiance
All witnesses were sworn in.
Conditional Use
BA- CU- 18 -14. Andrews, Daniel B & Joyce; William Daniel Andrews. A Recreational
Facility: Outdoor Firing Range w /Associated Accessory Activities; RA -30 & Conservation
Zoning District; Hector's Creek & Black River Townships; Pin #'s 0664 -13- 6129.000 &
0664 -04- 3212.000; SR # 1441 (Chalybeate Springs Road). Landon Chandler gave the site
analysis and John Walter Bryant, Attorney for applicant represented the application. There
were questions from the board to staff in reference to hunting preserves, target lines, buffers,
commercial site plan review, current and proposed regulations. Chairman Tripp asked if the
application could be submitted into the record and John Bryant stated yes.
John Bryant then went on to talk about the witnesses that he would present in their case and
stated that they had tried to be compliant with what they were doing. Mr. Bryant then called
William Dan Andrews to the podium. Mr. Andrews answered questions and spoke about
his business Drakes Landing. He discussed in depth when the business started, agritourism,
and what makes up his business. Mr. Andrews went on to discuss the hours of operation,
his range safety officers and their certifications. overall operation of his business, noise, gun
caliber, baffles, decibels /meters, cost associated with his business, what had been expanded
in his business, the money spent for those expansion and all the activity that goes on at
Drakes Landing. Mr. Andrews went on to discuss the TRS Range Consultant that visited his
operation, liability and reclamation of the property. During the questioning of this witness,
Exhibit A was presented to the board.
Chairman Scott Tripp called for a recess at 7:45 p.m.
Chairman Scott Tripp called the meeting back to order at 7:57 p.m.
Mr. Bryant called the next witness Robert Nunley to the podium. Mr. Nunley lived in
Neill's Creek Farms and was a retired Marine and Certified Range Officer. Mr. Nunley
went on to give his testimony and expertise on training people to shoot, ballistics, high
power rifles, decibel readings and that he had no problem with noise where he lived.
Mr. Bryant then called Ben Dewar, Professional Land Surveyor to the podium. Mr. Dewar
explained what he was asked to do by Drakes Landing and how he went about surveying the
property of Drakes Landing. Mr. Dewar stated he was asked to locate where all the rifle and
pistol stations as well as the archery, tower, office, etc. Mr. Dewar went on to talk about his
findings and Exhibit B was presented to the board.
Mr. Bryant then called Charles Linderman to the podium. Mr. Linderman stated he was a
commercial appraiser and his testimony reflected the values of surrounding properties on the
highest and best use. Mr. Linderman talked about his investigation of the reduction of tax
values in the surrounding area, board of equalization and their decision, market value, sales
comparison, MLS Analysis, ratings, loud noises. Exhibit C & D was presented to the board.
Next witness called by Mr. Bryant was J. B. Culpepper. Mrs. Culpepper stated she was a
planner and talked about her education, experience, and number of years she had worked as
a planner. Mr. Culpepper stated she was asked by Drakes Landing to help complete the
application for a conditional use permit. Mr. Culpepper went on to discuss the findings that
the board would have to determine, legal nonconforming, buffers and the impact on
surrounding properties.
Jason Eric Williams, from Wake County came to the podium in favor of Drakes Landing.
Mr. Williams stated he was a Certified Range Safety Officer and that safety is always on the
minds of the officers. Mr. Williams went on to talk about what Drakes Landing has to offer
for youth and anyone that wants to go there and shoot. Mr. Williams talked about noise,
decibel levels of the noise, acoustical boxes, baffles and how Drakes Landing had tried to
cooperate with the people in the community.
Chairman Scott Tripp called a short recess at 9:24 p.m.
Chairman Scott Tripp called the meeting back to order at 9:34 p.m.
Also, in favor were Terry Cojocar; Robert Lee Bailey, Earl McLean; Clay Ausley; Larry
Williams; Joe Sanderson and Scott Tart. They each told how close they lived to Drakes
Landing and had positive things to say in support of Drakes Landing.
The following people came forth in opposition to the case. Carl & Pat Reichenbach; Karen
Blanks; David Senter; Valerie Tart; Thomas Finch.
The meeting was adjourned at 11:20 p.m. to resume on Thursday August 28th at 6:00 p.m.
When the meeting reconvened, the next night, the following people spoke in opposition.
Meghan Adams; Rupert Tart; Edward Martin; Susan Lundberg; Lynwood Haire; Hank
DeBragga; Aveiell Blanks; Harold Bunch; Bobbie Jeffries and Kent Jeffries. All opponents
expressed their concerns on the gun fire, noise, property value, decibel levels, safety, hours
of shooting, intensity of shooting, impact on all surrounding property owners, hours of
operation, houses hit by gun fire; buffering, quality of life, property development in the area,
explosive targets and how Drakes Landing had disrupted their lives and the people's lives in
their community, etc. Exhibits E, F, G, H & I were presented to the board.
William Dan Andrews came back to the podium to address the concerns of the people in his
community and received questions from the board. Mr. Andrews went through and
explained each of the accessory uses he was asking for in the conditional use application.
John Bryant, Attorney for applicant then gave is closing arguments.
Chairman Scott Tripp called a recess at 10:25 p.m.
Chairman Scott Tripp called the meeting back to order @ 10:30 p.m.
Chairman Tripp closed the public hearing and had board discussions. The board members
had lengthy discussion and each expressed their concerns and opinions of the case.
After two long nights of testimony and evidence from both sides presented, the board made
the following findings:
The checklist was completed and Rick Foster made a motion to approve with the following
conditions:
1. Range Design: The design must be signed off by licensed engineer that has range design
experience, or certified range designer, prior to commercial site plan review. The design
shall demonstrate appropriate use of sound industry practices and compliance with
applicable county, state, and federal requirements.
2. Shot Containment: All firing range facilities shall be designed and operated in a manner
to contain all bullets, shot, arrows or other projectiles or any other debris on the range
facility.
3. Explosive Discharge: No use of exploding targets or ordinances.
4. No rifle caliber larger than .22 caliber rim fire, and no handgun caliber larger than .45
caliber will be discharged.
5. All operations at Drake Landing shall comply with Harnett County Noise Ordinance.
This includes all ranges and any ancillary uses/ events as approved and as listed in
Attachment A.
6. Hours of operation:
For firearm related activities: Wednesday — Saturday 9:00 a.m. — 7:00 p.m.
All other recreational activities shall be from Monday — Saturday 8:00 a.m. — 8:00 p.m.,
Sunday 1:00 p.m. — 6:00 p.m.; excluding camping events which are allowed without a
specific closing time.
7. Range Orientation: All ranges shall be designed so that the direction of fire shall be
parallel to or perpendicular to and away from the public right(s) -of -way or dedicated
access easements. All outdoor ranges shall be developed in a manner to ensure that
streams, ponds, lakes, or other watercourses or wetlands are not located between any
firing line and target line, with exception granted to skeet ranges.
8. Lead Reclamation Plan: lead reclamation plan for all ranges using lead projectiles shall
be submitted as part of the commercial site plan review process. The plan shall address
compliance with all county, state, and federal regulations.
9. Drainage and Erosion Control: All ranges and associated facilities shall be designed to
keep storm runoff from the range site at a volume and velocity no greater than what
existed prior to range development. Appropriate erosion control measures shall be
designed and installed to maintain water quality and prevent contamination from storm
water runoff.
10. Warning Signs: Warning signs meeting the National Rifle Association (NRA) guidelines
for firing ranges shall be posted spaced not more than on hundred (100) feet apart along
the property boundary lines of all outdoor ranges in which the facility is located. Signage
shall announce the potential dangers and presence of an active range utilizing highly
visible colors. Also, range status indicators, such as flags or lights, should be visible to
indicate a `hot or cold' range.
11. Parking: All required parking facilities shall be located to the rear of the firing line and
shall adhere to the Parking & Off - Street Loading Requirements of this Ordinance.
12. Structures: All structures and facilities shall adhere to all Federal, State and Local
regulations and code requirements.
13. Public Access: All range facilities shall have access to an approved private or public
street. Internal access to the facility shall be secured and controlled with ingress and
egress permitted only during the approved operating hours of the facility.
14. Safety Officer: All range facilities open to the general public that allow the discharge of
firearms shall provide an NRA Certified Range Safety Officer or individual that
possess the knowledge, skills, and attitude essential to organizing, conducting, and
supervising safe shooting activities and range operations. This safety official shall be
located at the firing line to aide in the proper discharge and safe handling of all
weapons anytime live fire is being conducted.
15. Safety Plans / Range Rules: Safety plans for the operation of the range shall be kept in
the area of the firing line and made available upon request by the public or an
inspecting agency. Rules and regulations regarding the operation of the range shall be
posted in a manner to be visible to all participants of the facility.
16. Setbacks: All structures, facilities and components of the firing range located on the
range site, shall conform to a minimum fifty (50) feet setback from all property lines.
This setback is intended as a developmental setback to assist in compatibility of
adjacent land uses and not a designated safety boundary.
17. Liability Insurance: The permittee shall be required to carry a minimum of one million
dollars ($1,000,000.00) per occurrence of liability insurance. The County shall be
notified of any policy changes or lapses in coverage.
18. Upon completion of the range facility, a certified final -as -built plan shall be submitted
to the Harnett County Planning Department prior to the final zoning compliance
inspection.
Andrew Ruhland seconded the motion and there was a 4 -1 vote with Mary Jane Bartlett
opposed.
For more detailed hearing proceedings, the recordings, exhibits and all documents regarding
this hearing are available at the Harnett County Planning Department at 108 East Front
Street, Lillington, NC 27546
The meeting was adjourned at 11:40 p.m.
w
S tt Tri pp, Chairman Teresa Byrd, Recording Secretary
Rick Foster, Vice Chairman
/0-
Landon Chandler, Senior Planner Date