HomeMy WebLinkAboutDecember_20_2005_Briefing_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
BRIEFING MINUTES
DECEMBER 20 2005
The Iredell County Board of Commissioners met in Briefing Session on
Tuesday, December 20, 2005, at 5:00 P.M., in the Iredell County Government Center
(South Wing Conference Room), 200 South Center Street, Statesville, NC.
Present were:
Sara Haire Tice, Chairman
Vice Chairman Godfrey Williams
Steve Johnson
Marvin Norman
Absent: Ken Robertson
Staff present: County Manager Joel Mashburn, Deputy County Manager
Susan Blumenstein, Planning Supervisor Steve Warren, and Clerk to the Board Jean
Moore.
CALL TO ORDER by Chairman Tice.
REQUEST FROM TWIN OAKS GOLF DEVELOPMENT, LLC FOR
THE RELEASE OF ZONING JURISDICTION TO THE CITY OF
STATESVILLE FOR PROPERTY LOCATED ON TWIN OAKS ROAD, EAST
OF STATESVILLE: Planning Supervisor Steve Warren said a development company
was requesting the release of zoning jurisdiction for a 100+ acre tract due to the need
for city water and sewer. He said a housing development was planned, and the request
was consistent with the county's land use plan. Warren said the planning staff
recommended approval, and the City of Statesville approved the extension of utilities
on August 15, 2005. He said, however, the site was near the county landfill, and this
facility, at times, might not be too conducive for a housing development.
County Manager Mashburn said the landfill staff took much care in covering the
garbage, but it was a solid waste business, and as such, there was traffic, noise, and
occasional odors.
Chairman Tice said a positive note, regarding the development and its close
proximity to the landfill, was that at least the homeowners would have city water rather
than having to rely on wells.
Commissioner Johnson expressed concerns about the city not having clear plans
for annexation. He said that if the release occurred, the residents would fall under the
city's zoning jurisdiction up until they were annexed. Johnson said they would be
county residents, but future boards of commissioners might not be able to assist with
many of their concerns.
Ben Thomas, Patty Keath, and Frank Harmon, all interested parties or
developers in the housing project encouraged approval. They said having a landfill in
close proximity to a housing development was "not new ground," and they offered
statements from area landfill facilities (Foxhole Landfill/Ballantyne, Charlotte NC,
BFI/Concord, NC, North Mecklenburg Landfill, Huntersville, NC) indicating there
were only a few, if any, complaints from nearby residents.
Thomas (Attorney/Managing Partner for Twin Oaks Development) said
information could be included in restrictive covenants about the nearby landfill, and an
odor easement could be granted.
Keath, the long-time General Manager for the golf course, said methane gas
could occasionally be smelled, but this was only on a really hot day. She said a "trash
odor did not occur."
Harmon (Equity Commercial Properties) said the new golf community would
have homes starting in the $170,000 price range, and the development would be geared
towards the "average" person.
It was the consensus of the board members to include the request on the consent
agenda due to the developers having an understanding about the impact of placing a
housing development near the solid waste facility.
Consideration of a Proposed Amendment to the Iredell County Zoning
Ordinance Section 11.16 -Signs Permitted Without a Permit: County Attorney Bill
Pope joined the commissioners for a brief review of this amendment and the zoning
violation of the Shepherds Volunteer Fire Department.
Chairman Tice asked Mr. Pope if the board of commissioners had a right to
intervene in the fire department matter since the next step, after the board of adjustment
variance denial, was Superior Court.
Pope said there was case law from the N.C. Court of Appeals indicating the
county would not prevail in a suit against the fire department for its non -conforming
sign.
Commissioner Johnson said the board of adjustment was not a legislative body.
He said the board of commissioners was a legislative body, and as such, could amend
the ordinance.
Chairman Tice asked if the board of commissioners would amend the ordinance
for other businesses.
Johnson said this would be the commissioners' prerogative.
County Manager Mashburn said there was precedent exempting governmental
entities from the sign ordinance, and the fire department was serving a public purpose.
Commissioner Norman asked Attorney Pope what the county's options were.
Attorney Pope said that until a judge rendered a verdict, the options were
somewhat unclear.
Chairman Tice said she had received numerous calls regarding the matter. She
said that if the county amended the ordinance, the action would occur strictly for the fire
department.
Pope said he didn't see it that way. He said the amendment would be done to
conform with state case law.
Commissioner Johnson said the likelihood of a similar situation occurring with
another entity was unlikely. Johnson said he was in favor of the amendment because of
(1) the legal advice and (2) the sign (Shepherd's) was not hurting anyone.
Commissioner Williams said he didn't have a problem with signs, but he felt
that if the county had an ordinance, it needed to be applied fairly.
Chairman Tice asked about the county paying to have the sign removed and then
re -erected to conform with the ordinance.
County Manager Mashburn requested that if a vote occurred about the sign
ordinance amendment, that direction be given on how the staff should proceed with the
fire department.
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Note: A timeline that was presented to the board on December 21, 2004 from the
planning staff about Shepherd's sign violation is as follows:
October 31, 2003 — VFD notified by phone and mail that a problem existed with a sign.
November 14, 2003
— County Planners Rebecca Harper & Whitney Hodges
visit the VFD site and talk to Jamie Barrier, the Asst.
VFD Chief. The violation was explained, along with the process to seek
a variance.
May 20, 2004 —
Iredell County Board of Adjustment meets to consider a request from the
VFD for a variance. No one from the VFD attends. The Board of
Adjustment denies the request due to determining the department "did not
meet any of the findings required" for variance approval.
May 27, 2004 —
VFD notified by mail about the denial. (At that point in time,
the VFD had 30 days to appeal to Superior Court.)
August 2, 2004 —
Due to VFD not removing the sign or seeking relief from the
courts, the VFD was notified by mail that should "new evidence" be
found another Board of Adjustment hearing could be scheduled. If not,
the sign needed to be removed.
September 29, 2004
- $100 -a -day zoning citation issued.
October 8, 2004
- $800 -a -day zoning citation issued.
November 17, 2004
- VFD submits a rehearing request to Board of Adjustment.
November 18, 2004
- Board of Adjustment reviews and denies the case due to
"finding no new evidence."
At the December 21, 2004 meeting, Planning & Code Enforcement Director
Niblock was requested to meet with VFD Chief Robinson "for the purpose of reviewing
the situation (sign violation) to determine if new evidence could be found."
The staff then reviewed the remaining December 20 agenda items. (See regular
minutes for additional information.)
OTHER: Commissioner Williams mentioned the agricultural lease for the
North Iredell Park land. He said the leasing arrangement had produced revenue that
would flow back into the parks' special revenue fund.
Commissioner Norman mentioned the possibility of a lease involving the
YMCA and the fairgrounds property for soccer fields.
County Manager Mashburn said the fairgrounds property was leased to the
Kiwanis Club, but some type of arrangement might be worked out through the two
organizations.
ADJOURNMENT: Chairman Tice adjourned the briefing session at 6:15 p.m.
Approval:
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Clerk to the Board