Board recommends no action on track restrictions

The Rowan County Planning Board is recommending a hands-off policy on race tracks and relaxed standards for measuring mining and manufacturing noise.

The two separate issues sparked intense debate Monday night among members of the Rowan County Planning Board, but recommendations by a committee of the board won approval.

Vice Chairman William Yow said the committee looked at various additional regulations on race tracks, but concluded there should be no new regulations.

Planning Board member Greg Childs said race tracks are a permitted business in the commercial business industrial zoning district. To add more restrictions to race tracks would be targeting them unfairly.

Under current county zoning regulations, a race track is permitted without any hearings or action by boards.

“Our recommendation is do nothing. Rowan County has plenty of room for the racing industry … they are wanted here,” said Childs.

Representatives of the various tracks, including Mooresville Dragway, attended the committee session last week

The board briefly touched on noise generated at race tracks, but quickly sped away.

Lytle said it’s not covered under any current ordinances, and no one is interested in trying to enforce regulations. He said the Sheriff’s Department doesn’t want to, adding that the planning staff has no desire to be out at midnight on Friday and Saturday nights to measure noise.

The board briefly tackled the revision of the county’s nuisance ordinance related to mining and manfacturing noises.

Previously, the county noise ordinance specified that sound be measured at the “apparent property line.” The new version specifies that the noise be measured on “the complainant’s property from the residence.”

Dr. Ann Furr objected to the wording, saying it was vague and doesn’t indicate whether the measurement be taken inside or outside the house.

Board member Andy Hinson added that it doesn’t protect businesses from noisy neighbors.

Hinson said if he wants to sit on a stump on his 50 acres and watch birds, he shouldn’t have to put up with excessive noise.

Furr, Hinson and Renee Washington voted against the recommendation.

Under the proposal, noise could not exceed 70 decibels from 7 a.m. to 11 p.m; and not exceed 65 decibels from 11 p.m. to 7 a.m.

Responding to questions, Lytle said that although no ordinance was in effect, both Carolina Power &Light and Entergy have previously agreed to meet the standard.

Board member John Linker observed that the Planning Board may see the noise ordinance again if county commissioners want changes.

Board member Terry Hill asked what committee came up with the recommendations on noise and race tracks. He noted that neither of the committees he serves on were used.

Lytle responded it was a chairman’s ad hoc committee, with Linker picking members at will.

In other matters the board heard information, or acted as follows:

• Unanimously recommended approval of new wording which sets forth duties and responsibilities for planning department personnel and the zoning administrator.

The wording was recommended by County Attorney John Holshouser.

Last week, an attorney representing the Millbridge Speedway challenged the authority of Marion Lytle as zoning administrator.

The new one-page section of the county’s zoning ordinance will now go to the county commissioners for final action.

• Lytle announced that David Moose has withdrawn his request for rezoning a small tract along I-85 to allow placement of a billboard.

Lytle said that Moose met with Department of Transportation officials after the March meeting. DOT officials confirmed that due to the placement of billboards on neighboring property owned by Commissioner Frank Tadlock, Moose would not meet the minimum 500-feet separation required.

• Gave a favorable recommendation to rezoning 4.59 acres on N.C. 801 adjacent to Entergy and CP&L sites. Owner James Gabriel Anderson is seeking rezoning from rural agriculture to commercial business industrial with the hopes of selling the property and moving.

Planners acknowledged that the county’s successful economic development effort to get the two power companies has been detrimental to Anderson’s quality of life.

• Tabled a request to rezone property at 2580 Airport Road from rural residential to commercial business industrial.

Thomas J. Edwards, owner of a convenience store, seeks the rezoning to make the business a conforming use.

A half-dozen neighbors opposed the rezoning, citing problems with noise and lighting.

The board opted to wait until the May meeting and request that Edwards attend.