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05MINUTES14MINUTES HARNETT COUNTY BOARD OF ADJUSTMENT County Administration Building 102 East Front Street, Lillington, NC May 12, 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, Senior Planner, 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- 12 -14. Bailey, Lillie M. / Faye E Wilcox. A Daycare / Learning Center in an RA- 20R Zoning District; Lillington Township; PIN # 0558 -27- 2463.000; SR # 2034 (Joel Johnson Road). Matt Talbott gave the site analysis and Faye Wilcox represented the application. Rick Foster asked staff if the permit was granted would the property have to be subdivided and Matt Talbott stated that would be up to the board. Chairman Scott Tripp asked if he could submit the application into the record and Faye Wilcox stated yes. Chairman Tripp asked what she was asking of this board and Ms. Wilcox stated to get approval to open a daycare /learning center. Chairman Tripp asked how it would impact the surrounding property and Ms. Wilcox stated there would be no negative impact and it would provide employment for the county. Chairman Tripp asked if there was any other information that she would like to provide and Ms. Wilcox stated that it would be a partnership with her mom. Chairman Tripp asked what makes this a good location and Ms. Wilcox stated the land was owned by her mother and it was a central location, with no other facility in the area. Rick Foster asked if she would be serving special needs children and Ms. Wilcox stated yes, they would be serving all children. Chairman Tripp asked what the hours of operation would be and Ms. Wilcox stated 6:00 a.m. to 6: p.m. Mary Jane Bartlett asked about the structure and the location on the property. Ms. Wilcox stated they would be removing the existing building and utilize one acre for the facility. Mary Jane Bartlett asked if it would be close to the road and Ms. Wilcox stated yes. Mary Jane Bartlett asked what type of structure and Ms. Wilcox stated it would be 3 or 4 modular buildings. Ms. Wilcox stated they would bring them up to meet the North Carolina State Building Code. Landon Chandler, Senior Planner stated that she had already gone through a pre- development meeting, which consists of all the county departments that would be involved in the project. Mary Jane Bartlett asked if it was an independent business and Ms. Wilcox stated yes. Rick Foster asked if the request was granted would she be ok with Monday —Friday from 6:00 a.m. to 6:00 p.m. and Ms. Wilcox stated that she had interviewed parents from Campbell and they would like for us to open on Saturday from 9:00 a.m. to 2:00 p.m. Chairman Tripp stated they would leave that option open. Ms. Wilcox stated the name had changed and the business would be called First Steps Learning Center. There was no opposition. Chairman Tripp closed the public hearing and had board discussions. Mary Jane Bartlett stated she had no issues and it was a good use. Chairman Tripp stated he like they were going to tear down the existing structure. Rick Foster stated they both had experience and a background in this type of business, the area was growing and there was a need for this type of facility; great addition to the area. The checklist was completed and Rick Foster made a motion to approve, with the conditions that the existing structure be removed and the hours of operation be from 6:00 a.m. to 6:00 p.m. Monday through Saturday. Gunnar Henderson seconded the motion and there was a unanimous vote. 2. BA- CU- 13 -14. Sexton, Eloise G; Kenneth Sexton, Laura Denning / The Winston 401 Group, LLC. A Multi- family Townhome Development in an RA -30 Zoning District; Neill's Creek Township; PIN # 0670 -98- 2503.000; SR 1532 (Main Street Buies Creek). Landon Chandler gave the site analysis and Tyrus Clayton, Engineer; Gary Herring Jr and Jason Price, Developers represented the application. Chairman Scott Tripp asked if this project would require a SNIA and Landon Chandler stated that this project would be done in phases and the 1St phase will not go over the allowed impervious surface requirements. Andrew Ruhland asked what would be recreation on this site and Landon Chandler stated there has to be a minimum of five percent active recreation on any portion. Chairman Scott Tripp asked if they would exceed that and Landon Chandler stated yes. Rick Foster asked if there would be 109 units and Landon Chandler stated 118 units. Rick Foster asked if this was approved they would start with 83 and Landon Chandler stated that the numbers could go up or down. Mary Jane Bartlett then disclosed that she knew Mr. Price and it would not affect her decision in the case. Chairman Scott Tripp asked if anyone there would object for Ms. Bartlett to remain on the case and there were none. Chairman Scott Tripp asked if he could submit the application into the record and Tyrus Clayton stated yes. Chairman Tripp asked what he was asking of the board and Tyrus Clayton stated to build a townhome development. Chairman Tripp asked how it would impact the surrounding area and Tyrus Clayton stated it was in agreement with the surrounding land uses and with the growth from Campbell University there was a need. Mr. Clayton stated there was a similar development across the street and they would provide high quality homes. Chairman Scott Tripp asked if there was any additional information and Tyrus Clayton stated it was a planned phased development. Mr. Clayton stated it was depending upon the growth and economy and the original plan was to do 83 units in the first phase, but may plan a greater density and would not want to lock down any certain number. Mr. Clayton stated it was served by county water, sewer and there have been additional studies done on the water line. Mr. Clayton went on to say there is plan for a storm water device and a wet retention pond. Mr. Clayton stated they had met with DENR (NC Department of Environment and Natural Resources). Chairman Tripp asked if they had met with NC DOT and Mr. Clayton stated they had conversation by phone and email. Mr. Clayton stated that NC DOT will require road improvements with phase 2 of the development, which would require a turning lane. Chairman Tripp asked for them to describe the building and Jason Price stated there would be seven buildings, with fifteen two bedroom and twenty -four one bedroom townhomes. Mr. Price went on to say it would be brick veneer with stone accents, curb and gutter, with asphalt parking. Andrew Ruhland asked why the plans were not centered up and Tyrus Clayton stated because of the grade of the land and it is laid out for sewer lines. Rick Foster asked how many phases would there be and Tyrus Clayton stated three phases. Rick Foster asked if the proposed townhomes were one story and Jason Price stated yes. Rick Foster asked why this location and Jason Price stated convenience for Campbell students and there is adequate sewer and water. Mary Jane Bartlett asked what kind of recreation would be in phase one and Tyrus Clayton stated horse shoe pits. Mary Jane Bartlett asked if they would be retaining ownership and Jason Price stated yes. Robert Ennis came forth in opposition with concerns of impact on the natural springs, it affecting the watershed, traffic, noise to the area. After hearing the concerns of Mr. Ennis, Chairman Tripp asked if there were any conditions that he would like to see and Mr. Ennis stated an appropriate buffer set up to protect the stream and watershed, as well as a sound barrier. Rick Foster asked for staff to go over buffer requirements and Landon Chandler explained. Chairman Scott Tripp asked the applicant back to the podium and stated you heard Mr. Ennis's concerns. Tyrus Clayton stated yes and they would leave the tree line in place. Mr. Clayton stated they have proposed a good buffering system. Chairman Scott Tripp asked if a condition was placed to retain all existing vegetation would they be ok with that and Tyrus Clayton stated yes, that the wetlands and springs in the area would be identified. Mr. Clayton stated they have to pull permits with the NC Division of Water Quality to treat any run off from the project. Chairman Scott Tripp closed the public hearing and had board discussions. Chairman Scott Tripp stated this has become a familiar request, especially as fast as Campbell is growing. Mr. Tripp stated there is a need for adequate housing. Rick Foster and Mary Jane Bartlett agreed. The checklist was completed and Rick Foster made a motion to approve with the condition that the existing vegetation is left intact on the western boundary of the property. Andrew Ruhland seconded the motion and there was a unanimous vote. The minutes from the April 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. There was no old business and the meeting was adjourned at 7:42 p.m. Scot Tripp, Chair Teresa yrd, Recording ecretary ick Foster, Vice Chairman Landon Chandler, Planner Il Date