Battle ramps up in Pender between neighbors and an Airbnb with a motocross track

After a public hearing regarding a motocross track in Rocky Point, residents annoyed with noise from dirt bikes are planning to take their fight to the Pender County Board of Commissioners.

"They're becoming a nuisance to the county now," said Gary Helm, a resident who started a petition with fellow residents.

The Board of Adjustments held a meeting recently in Burgaw with officials and people living near Copperhead Ranch off of Carl Meeks Road. A place there is available for rent through Airbnb with bedrooms and a motocross track.

In the winter, county officials sent a violation notice for the property operating a commercial motocross track without a special use permit. Samuel Potter, an applicant working on behalf of owner Carl Meeks, LLC., requested an appeal of the administrative decision.

Board members noted the hearing was to address the commercial activity violation and not the noise matter, although they understood the complaints. A unanimous vote was made to support the planning department's decision and to dismiss the appeal. Pender County Attorney Trey Thurman said the owners can make another appeal to superior court.

However, Thurman also said the county does not regulate people riding dirt bikes, unless it's a business activity.

"If you want to go on your own property and ride a dirt bike 24 hours a day (subject to a noise ordinance enforced by the Pender County Sheriff's Office, from 11 p.m. to 30 minutes before sunrise), you can," Thurman said.

Previous coverage: A Pender Airbnb includes a motocross track and the neighbors are furious

How it started

Daniel Adams, Pender planning and community development director, spoke about the issues with board members. In July, Charlie Ring, the county's code enforcement officer, received complaints about dust from dirt bikes and four-wheelers on the property between the Northeast Cape Fear River and Shaw Highway.

The property being used as a commercial site was another concern. Driven MX, an Ohio-based organization, previously rented space for training events.

Ring took a visit in July and didn't see any activity on the motocross. However, after the visit, a website showed activity times for clients joining the Copperhead MX Club and costs to use the facility. It was also said that "Copperhead MX" is the name of a club or facility owned by Carl Meeks, LLC.

A violation notice was later sent in August for not getting zoning approval. Adams said the staff was informed that the operations of the motocross club will stop, with the website being removed.

"At that time, staff considered the case closed," Adams said.

In January, residents near the track came to a board of commissioners meeting in Hampstead and addressed the board. The county investigated and found the Driven MX website offering services. Another notice, and the final one, was sent to the site owners. An appeal was later filed with the county.

Adams said the county's Unified Development Ordinance defines commercial outdoor recreation as "private, fee supported, outdoor facilities used for athletic, training, recreational or park purposes that utilizes supervised athletic or recreational activities."

"Although the owner may also use the property as a short-term rental through Airbnb, it is clear that Driven MX is leasing the property and charging people to train on the motocross tracks that have been built on the subject property," staff members stated in their report.

Thurman also said the county can't regulate short-term rentals through Airbnb. Thomas Clifford, an owner, talked about its history, which began with friends riding on the property. After closing the website for the property, they began using the rental service, which attracted customers from across the country who wanted to go to the beach and enjoy other amenities on the property, like fishing.

"It's a lot of fun out there, of course," Clifford said. "So, it became popular, and we enjoyed having them."

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What's happening now?

Clifford said Driven MX is no longer renting the property. He manages and operates the property with Michael Hackman and Chad Hogston, who also made comments about them renting the property for five weeks.

"We are trying to steer clear of anything that has anything to do with a commercial aspect of the property," Hogston said. "I have talked to Driven MX, told them the issue, and told them we are not going to be able to do it again because we don't want to run into the problem."

Hogston added that they wanted to be good neighbors and believes one of the issues was frequency. A decision was made to cut rental availability in half.

But many neighbors are not convinced and brought up matters such as not having peace and quiet and trespassing. Some believe owners knew what Driven MX was doing. Roy Harris, one of the closest neighbors, was one of many who spoke during the hearing.

"They have been telling you some stories that are not true," Harris said. "They have day riders who come out there, park, get out, ride, load up and leave the same day. Maybe they're renting by the hour, I don't know. But I get this day in and day out."

Some upset residents believe Hogston is getting special treatment because he's a local judge. Board members said they've worked to be transparent and don't have personal relationships or conflicts of interest with Hogston.

'Complying with the law'

Samuel B. Potter, an attorney representing the owners, said his clients had no connection to the Ohio business when they occupied property on or around January 18, 2023. He said screening mechanisms were added to make sure a similar type of business cannot rent the property again.

"Carl Meeks LLC is serious about complying with the law," Potter told the StarNews.

According to Potter, as long as the business is not operating the property as a commercial motocross track, rather than an Airbnb that has one attached to it, it's in compliance with Pender County's rules.

"A limited number of neighbors have decided to harass and intimidate Carl Meeks LLC's owner and tenants," he added." They repeatedly call the Pender County Sheriff's Office, taking away important resources for Pender County. These calls have resulted in no criminal charges against anyone.

"The owners of Carl Meeks LLC have tried to have a reasonable discussion with some of the neighbors, but the neighbors are completely uninterested in any resolution that involves people using motocross bikes at all."

He also brought up residents not opposed to the motocross. One of them is Rebecca Bischoff, who is not bothered by the noise. She has been on her property on Carl Meeks Road for more than 10 years and remembers how the controversial property was once a sand mine.

"That was much worse with noise, dust, and dump trucks," Bischoff said. "You could hear equipment running and beeping from sunup to sundown when that was going on back there. So, dirt bikes riding from 10 to 5 was nothing compared to what that was."

Helm said he and fellow residents are working to get legal counsel to address the noise and other matters such as increased calls to law enforcement. They are planning to attend a commissioner's meeting in June.

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Reporter Chase Jordan can be reached at cjjordan@gannett.com

This article originally appeared on Wilmington StarNews: Pender residents mad with an Airbnb motocross park continue fight