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04Minutes14MINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC April 14, 2014 6:30 PM PUBLIC HEARING Board Members Present: Scott Tripp, Chairman; Rick Foster, Vice Chairman; Andrew Ruhland, Mary Jane Bartlett; Gunnar Henderson. Planning Staff Present: Landon Chandler, Planner II, Matt Talbott, Planner I; Theresa Jones, Planning Technician and Teresa Byrd, Planner I and Recording Secretary. Chairman Scott Tripp gave the Invocation and Pledge of Allegiance All witnesses were sworn in. Update Jeffries Appeal Case (Drake Landing@ Andrews Farms) - Legal Services Dwight Snow, Attorney for Harnett County came to brief the board on the Jeffries Appeal Case and the outcome by Judge Gilchrist. Mr. Snow gave a little history about the case and then told the board that Judge Gilchrist had overturned the Board of Adjustment decision and sided with Kent Jeffries and the North Harnett Property Rights Association. Mr. Snow stated there was no evidence to support their conclusion. Mr. Snow stated that Judge Gilchrist had remanded back to the board their conclusion of the hunting preserve. Mr. Snow stated that it was confusing to staff and the legal department whether he wanted a new hearing or just review evidence from the record, so that question had been posed to Judge Gilchrist and that Harnett County is waiting on a response in that regards. Mr. Snow stated that he would be back in contact with the board once he had received a response. Conditional Use BA- CU- 06 -14. Brown, Michael & Amber / White, Dianna. A Singlewide Manufactured Home in an RA -30 Zoning District; Buckhorn Township; PIN # 0636 -10- 3587.000; SR # 1407 (Wade Stephenson Road) Matt Talbott gave the site analysis and Michael Brown /Dianna White represented the application. Rick Foster asked if the zoning regulations allowed for a second home on the property and Matt Talbott stated yes. Chairman Scott Tripp asked if he could submit the application into the record and Michael Brown stated yes. Chairman Tripp asked what he was asking of this board and Michael Brown stated that he was redoing farm home and he wants his mom to be close so he can look after her. Chairman Tripp asked how it would impact the area and Michael Brown stated it would not impact the area. Chairman Scott Tripp asked if he had any other information and Michal Brown stated no. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Rick Foster stated it was a good use for the property and the applicant would be purchasing a brand new home. Mr. Foster stated that staff had stated that zoning allowed a second home, with Scott Tripp and Andrew Ruhland agreeing. The checklist was completed and Rick Foster made a motion to approve the request with no conditions. Andrew Ruhland seconded the motion and there was a unanimous vote. 2. BA- CU- 07 -14. Thomas, Larry & Joyce / Wilkie, Kimberly & Sonya Bunn. A Pet Grooming Facility in an RA -30 Zoning District; Upper Little River Township; PIN # 9690- 06- 1689.000; SR 1280 (McArthur Road). Landon Chandler gave the site analysis and there was no one present to represent the application. A motion was made by Andrew Ruhland to dismiss without prejudice, with a second by Gunnar Henderson and there was a unanimous vote. 3. BA- CU- 08 -14. William E Byrd Family Limited Partnership / Watson, Joey & Catherine; A Motorcycle (MX) & Bicycle (BMX) Riding Facility in an RA -20R Zoning District; Johnsonville Township; PIN #'s 9565 -23- 6096.000 & 9565 -33- 7853.000; SR 1106 (Hillmon Grove Road). Landon Chandler gave the site analysis and Joey Watson represented the application. Landon Chandler stated that the Harnett County Noise Ordinance was updated last year and is enforced by the Harnett County Sherriff's Office. Rick Foster asked staff to explain the noise ordinance and how it is enforced. Randy Baker, Senior Zoning Inspector came to the podium to explain the decibel readings and how the Sherriffs office would enforce the ordinance. Rick Foster asked staff to explain what the A & D buffering out of the Unified Development Ordinance and Landon Chandler then explained what would be required if approved. Chairman Scott Tripp asked if he could submit the application into the record and Joey Watson stated yes. Chairman Scott Tripp then stated that we only had four board members and three out of four would have to vote yes and Mr. Watson was in agreement to keep going. Chairman Scott Tripp asked what he was asking of the board and Mr. Watson stated to have a BMX and MX riding facility. Mr. Watson went on to say there were not enough of these types of facilities in the county. Chairman Scott Tripp asked how it would impact the surrounding community and Mr. Watson stated it would not. Mr. Watson stated it would stay the same and the view of the property would not change. Chairman Scott Tripp asked if he had any additional information and Mr. Watson stated that this type of facility is desperately needed in the county and that one out of every five houses have an off road vehicle. Mr. Watson stated his goal was to make it a safe, fun and family oriented facility. Mr. Watson stated he had DENR and NC DOT approvals. Chairman Scott Tripp asked how much land would he be utilizing and Mr. Watson stated approximately eighty five acres. Chairman Scott Tripp asked where he lived in conjunction to this property and Mr. Watson stated seven miles away. Chairman Scott Tripp asked why he chose this location and Mr. Watson stated that he had looked at several plots of land; this was a good location and the only one available. Chairman Scott Tripp asked about the hours of operation and Mr. Watson stated 10:00 a.m. to 6:00 p.m. Monday through Friday; 9:00 a.m. to 7:00 p.m. on Saturday; 1:00 p.m. to 6:00 p.m. on Sunday's and it was also depending on the weather. Chairman Scott Tripp asked if he would be hosting events, such as races and Mr. Watson stated eventually but not right now. Chairman Tripp asked if a rider pays by the hour or day and Mr. Watson stated it would be twenty dollars per day. Andrew Ruhland asked about safety and if he would section off for the different bikes and Mr. Watson stated yes. Andrew Ruhland asked if he would be disturbing trees and Mr. Watson stated only for parking and no more than he had too. Andrew Ruhland asked about his experience and Mr. Watson stated he had been riding and racing for the last six years. Rick Foster asked if there would be a PA system and Mr. Watson stated no, not to start with. Rick Foster asked if he would be operating after dark and Mr. Watson stated no. Rick Foster asked if he would be fencing eighty five acres to keep people from trespassing and Mr. Watson stated yes and he was glad the neighbors were there to voice their concerns. Mr. Watson stated he would be willing to make any adjustments that are needed. Andrew Ruhland asked if he would be open seven days a week or if it was seasonal and Mr. Watson stated he would be open all year long. Troy Dougherty, James Taylor, Ramona Sears all came forth in opposition. They all had concerns about the noise, fencing, events, if alcohol would be allowed, parking, what type of people this type of facility would attract. Chairman Scott Tripp then called staff back to ask if he would be required to fence the whole property and Landon Candler stated it would not be required, but could definitely be a condition placed by the board. Chairman Scott Tripp asked if there would be sufficient parking and Landon Chandler stated that he would have to go through the commercial site plan review, which overflow parking is prohibited and also parking has to be fifty feet from any residential structure. Chairman Scott Tripp then called the applicant back to podium and asked if he knew how many vehicles would be at the facility at any given time and Mr. Watson stated approximately two hundred and fifty vehicles a week and roughly one hundred seventy five on weekends. Chairman Scott Tripp asked if there would be alcohol served and Mr. Watson stated no. Chairman Scott Tripp asked how he would prevent trespass after hours and Mr. Watson stated that he is going to place cameras on the property. Mr. Watson stated that this is not a cheap sport, which you have to be able to afford bikes, trailers and be able to ride. Chairman Scott Tripp asked how he would prevent or control that without a fence and Mr. Watson stated he would ask all riders to stay on the trails and if they don't obey he has the right to remove their membership and the trails will be clearly marked. Rick Foster stated that trespass is not uncommon in a rural area, but would there be a contact number for the neighbors to call and Mr. Watson state yes. Rick Foster asked if the request was approved would he be willing to fence in the whole are before beginning and Mr. Watson stated he was agreeable, but did not know if he could afford to do that to start with, but as the money comes in he would. Rick Foster asked if he would be in agreement if approve the hours of operation be from 10:00 a.m. to 6:00 p.m. Monday- Friday; 9:00 a.m. to 6:00 p.m. on Saturday; 1:00 -6:00 p.m. on Sunday and the business not to allow alcohol. Mr. Watson stated that was already in the plan. Andrew Ruhland then asked if he would agree that the hours of operation be 10:00 p.m. to 6:00 p.m. Monday through Saturday and 1:00 -6:00 p.m. on Sundays. Gunnar Henderson stated no lighting tracks, no night time racing and Mr. Watson stated yes he agreed to all. Chairman Scott Tripp then closed the public hearing and had board discussions. Chairman Scott Tripp stated he was on the fence with this one. Mr. Tripp stated that he lived close to one and the high powered bikes could get loud, but it was a needed service and felt a hundred acres was not big enough. Rick Foster stated he thought it was appropriate for the area and it was tough to find five hundred acres to put something like this. Mr. Foster felt it was a hobby and a lot of people do it. Mr. Foster stated it was a well thought out plan and he would support the facility. Chairman Scott Tripp stated there is recourse from the county and he only had a five year lease. Rick Foster stated that the noise ordinance for the county would take care of the noise concerns. Andrew Ruhland stated he had a lot of buffering with the trees, which he is not removing and there was not a lot of opposition. Mr. Ruhland stated that he thought it was acceptable as long as there is enforcement of the noise ordinance, if it gets out of hand. Chairman Scott Tripp stated there was nothing presented as to the decline of property values. The checklist was completed and Rick Foster made a motion to approve the request with the following conditions that the hours of operation be from 10:00 am to 6:00 p.m. Monday through Saturday; 1:00 p.m. to 6:00 p.m. on Sunday and there be no alcohol beverages allowed on the property. Andrew Ruhland seconded the motion and there was a unanimous vote. 4. BA- CU- 09 -14. McDaniel, Shirley W / McDaniel, Stephen & Sheryl; A Catering Business in an RA -30 Zoning District; Grove Township; PIN # 1519 -77- 7961.000; SR 1703 (Red Hill Church Road). Landon Chandler gave the site analysis and Sheryl /Stephen McDaniel represented the application. Rick Foster asked if the request was approved the property have to be subdivided and Landon Chandler stated it was an existing parcel and there was nothing on the parcel now. Mary Jane Bartlett asked how far was if from major intersection and Landon Chandler stated approximately two thousand feet. Chairman Scott Tripp asked if he could submit the application into the record and Sheryl McDaniel stated yes. Chairman Scott Tripp asked what they were asking of this board and Sheryl McDaniel stated to move their catering business from Benson to Harnett County. Chairman Scott Tripp asked how it would impact the surrounding area and Sheryl stated it would not; they would be cooking on site and taking the food off site. Chairman Scott Tripp asked if they had any additional information and Sheryl McDaniel stated they just wanted to move to Harnett County. Chairman Scott Tripp asked if they owned the parcel of land and Sheryl McDaniel stated it was owned by her mother in law. Chairman Scott Tripp asked if her home was beside of where the business was going and Sheryl McDaniel stated yes. Chairman Scott Tripp asked how long she had been catering and Mrs. McDaniel stated fifteen years. Chairman Scott Tripp asked why this location and Mrs. McDaniel stated that her mother was older and had moved here from Tennessee and she wanted to be to take care of her and by it being close to home, she could do both. Mary Jane Bartlett asked if there would be any on site sales and Mrs. McDaniel stated no. Mary Jane Bartlett asked how big the building would be and Stephen McDaniel stated a 40 X 60. Mary Jane Bartlett asked if there would be any signage and Stephen McDaniel stated maybe one at the road. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Scott Tripp stated that he lived on Red Hill Church Road and there would be very minimal impact, area was predominately residential and the property was not an eyesore. Rick Foster stated it would be low impact, good use for the property, add tax revenue to county. Andrew Ruhland agreed. The checklist was completed and Rick Foster made a motion to approve with no conditions. Mary Jane Bartlett seconded the motion and there was a unanimous vote. 5. BA- CU- 10 -14. Pace, Howard & Claudia / Pace, Howard & Phillip McCune. A Media Blasting Business in an RA -20R Zoning District; Barbecue Township; PIN #9568 -78- 4040.000 (a portion of); NC Hwy 87. Landon Chandler gave the site analysis and Howard Pace /Phillip McCune represented the application. Rick Foster clarified the staff report that was read where it mentioned existing mining and Landon Chandler stated there would be no expansion. Rick Foster asked where it would be and Landon Chandler stated behind the tree line approximately eight hundred feet back. Rick Foster stated it would be well buffered. Chairman Scott Tripp asked if they had established an ingress /egress and Landon Chandler stated they would be utilizing existing easement on record. Mary Jane Bartlett asked the distance to nearest residence and Landon Chandler stated three to four hundred feet. Chairman Scott Tripp asked if he could submit the application into the record and Howard Pace stated yes. Chairman Scott Tripp asked what he wished to present to the board and Howard Pace stated a media blasting business. Chairman Tripp asked how it would impact the surrounding area and Mr. Pace stated it would be very minimal. Chairman Scott Tripp asked if he had any other information and Howard Pace stated he had an impact study statement on how it would affect traffic on Hwy 87. Chairman Tripp asked him to summarize what media blasting was and Howard Pace proceeded to explain. Chairman Scott Tripp asked what the hours of operation would be and Phillip McCune stated Monday through Thursday from 8:00 a.m. to 5:00 p.m. Chairman Tripp asked if there would be any signage and Howard Pace stated no, that it would be internet and word of mouth. Gunnar Henderson asked if he would be building a structure and Phillip McCune stated they would be using an existing pole barn with an open shelter. Mary Jane Bartlett asked if there would be any dust concerns and Phillip McCune stated no. Mary Jane Bartlett asked if they had to have a permit to operate and Phillip McCune stated no. Mary Jane Bartlett asked about the noise and Phillip McCune stated they had a 75 horsepower John Deer. There was no opposition. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Tripp stated he thought there would be very little impact, it was way off the road and out of site, and he had no issues. Rick Foster and Andrew Ruhland agreed. The checklist was completed and Andrew Ruhland made a motion to approve the request with no conditions. Gunnar Henderson seconded the motion and there was a unanimous vote. 6. BA- CU- 11 -14. West, Mark & Janet / Stancil Builders, Inc. Townhomes in an RA -30 Zoning District; Neill's Creek Township; PIN # 0680 -16- 2964.000; SR 1533 (Old Church Road). Landon Chandler gave the site analysis and Bradley Stancil /Ben Dewar, Land Surveyor represented the application. Chairman Scott Tripp questioned the road frontage in the curve and Landon Chandler stated that NC Dot would be looking at it. Chairman Scott Tripp asked if he could submit the application into the record and Ben Dewar stated yes. Chairman Scott Tripp asked what he was asking of the board and Ben Dew stated conditional use permit for townhomes. Chairman Scott Tripp asked how it would impact the surrounding area and Ben Dewar stated that across the street was similar housing for Campbell students. Chairman Tripp asked for any additional information and Ben Dewar stated that Stancil Builders and Bradley Build would be extending the sewer and water for these units. Chairman Tripp asked if it was forty -eight units and Ben Dewar state yes. Chairman Tripp asked if they had built the ones across the road and Mr. Dewar stated no. Mary Jane Bartlett asked if they had any ideas on the recreational areas and Bradley Stancil stated they were planning horseshoe pits and volleyball courts. Ben Dewar stated there was a flat area they may do a kids swing set. Rick Foster asked how many stories would the units be and Bradley Stancil stated two stories. Rick Foster asked what the exterior siding would be and Bradley Stancil stated vinyl siding. Sara and Charles Theobald came forth in opposition. They stated they have twenty two acres and have lived there a long time. Mrs. Theobald stated they had concerns about the run off, traffic, noise, property values, trespassing and felt that was too many apartments for that little piece of land and asked the board not to approve the permit. Chairman Scott Tripp closed the public hearing and had board discussions. Rick Foster stated that he sympathized with the Theobald's and other residents, but it is around a college campus that continues to grow and unfortunately all the rural area keeps getting sucked up for the need of housing. Mr. Foster went on to say it was a sad reality for the people that have lived there for so long. Chairman Tripp agreed and stated that housing was needed for the continued growth of Campbell University. Rick Foster stated it would have to go through commercial site plan and NC DOT will have to approve. 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. The minutes for the March 2014 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. The board adjourned as the Board of Adjustment and reconvened as the Watershed Board to hear the following SNIA. SNIA- Special Nonresidential Intensity Allocation - Watershed Board 7. Stancil Builders, Inc. Townhomes in an RA -30 Zoning District; Pin # 0680 -16- 2964.000; Neill's Creek Township; SR 1533 (Old Church Road). Landon Chandler gave the site analysis and Bradley Stancil and Ben Dewar, Land Surveyor represented the application. Ben Dewar then went on to explain about what they wanted to do. Rick Foster asked why was that a practical number and Mr. Dewar stated they were asking for forty -three percent impervious service to build the townhomes, so they can utilize the property to the fullest extent. Chairman Scott Tripp closed the public hearing and had board discussions. A motion was made by Rick Foster to approve the request, with a second by Andrew Ruhland. There was a unanimous vote to allow the SINA.