HomeMy WebLinkAboutJuly_5_2005_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
July 5, 2005
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
July 5, 2005, at 7:00 p.m., in the Iredell County Government Center (Commissioners'
Meeting Room), 200 South Center Street, Statesville, NC.
Present were:
Chairman Sara Haire Tice
Vice Chairman Godfrey Williams
Steve D. Johnson
Marvin Norman
Ken Robertson
Staff present: County Manager Joel Mashburn, Deputy County Manager Susan
Blumenstein, County Attorney Bill Pope, Planning Supervisor Steve Warren, Planner
Richard McHargue, GIS Administrator Lee Anne Owens, and Acting Clerk to the Board
Stephanie Whitlock.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Johnson.
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to
approve the following agenda adjustments:
Additions: To discuss the action taken during the Closed Session (Briefing Session)
under New Business.
VOTING: Ayes — 5; Nays — 0.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Recognition of County Retiree Ethel Wilhelm: Chairman Tice presented
Mrs. Wilhelm with an appreciation plaque, and expressed thanks for her many years of
service and dedication to the county. Mrs. Wilhelm was wished the very best in her
retirement.
Lee Anne Owens, GIS Administrator with the Mapping Division, stated she was
thrilled and honored that the County had chosen to present Ms. Wilhelm with an
appreciation plaque. She said that even though Mrs. Wilhelm had only been gone two
days, the department already missed her. Mrs. Owens also wished Mrs. Wilhelm the
very best in her retirement.
Note: County Retiree Darren Stotts was also scheduled to receive a plaque;
however, due to illness he was unable to attend. His supervisor, Robb Tatham, also did
not attend.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing.
Non -Owner Rezoning Request; Several Property Owners in the Mocksville
Highway/Oak Forest Drive Area, Case No. 0506-1, Request a Rezoning from
Residential Agricultural to R-20 Single Family Residential Zoning for
Approximately 404 Acres: Planning Supervisor Steve Warren shared the following
staff report pertaining to this rezoning request.
OWNERS: Several property owners (89%) in the Mocksville Highway/
Oak Forest Drive area.
LOCATION: A portion of Mocksville Highway east of Barry Oak Road,
Wild Oak Road, and a portion of Oak Forest Drive.
REQUESTED ACTION AND CONDITIONS: Non -Owner rezoning
request to rezone the properties from RA, Residential Agricultural Zoning
District to R-20, Single -Family Residential Zoning District.
PETITION INFORMATION: 31 out of 35 property owners signed the
petition in favor of the request (89%), which equals 398 out of 404 acres
(99%).
PROPOSED USE: Single -Family Residential uses.
SIZE: The total acreage is 404.22 acres.
EXISTING LAND USE: Residential.
SURROUNDING LAND USE: Residential, vacant residential and
commercial.
WATERSHED REGULATIONS: The property is not located in a
watershed.
TRAFFIC: The capacity for this stretch of Mocksville Highway is 10, 500
vehicles per day. In 2003, the estimated daily traffic count was 3,600
vehicles per day. Rezoning this property should not have any effect on the
traffic in the area since the change is from residential to residential.
ZONING HISTORY: This property has been zoned RA since countywide
zoning went into effect in 1990. The adjacent R-20 and NB districts have
also been in place since 1990.
STAFF COMMENTS: This request has strong support among the
affected property owners (89% of owners and 99% of the acreage) and
does not conflict with the County Land Use Plan. Therefore, staff
recommends in favor of this request.
PLANNING BOARD RECOMMENDATION: On June 1, 2005, the
Planning Board unanimously recommended in favor of this rezoning
request, by a vote of 10-0.
Commissioner Johnson asked Mr. Warren if he was correct in his understanding
that an effort was made by both the applicants and through public notice of the rezoning
request by the planning staff to contact the four property owners who did not sign the
petition and no one responded. Mr. Warren said yes, this was correct.
No one else desired to speak, and Chairman Tice adjourned the public hearing.
OTION by Commissioner Robertson to approve the rezoning request of Case
No. 0506-1 (Mocksville Highway/Oak Forest Drive Property) from R -A, Residential
Agricultural to R-20, Single -Family Residential Zoning District.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Rezoning Request; Donald A. Goforth Property, Case No. 0506-3 from
Residential Agricultural to General Business Zoning District; Location: 1,052 feet
North of Flower House Loop Adjacent to 1-77 in Troutman, NC: Planning Supervisor
Steve Warren explained the following staff report for this rezoning request.
OWNERS: Donald A. Goforth APPLICANT: Howard Bryan
1917 Shelton Avenue Piedmont Realty
Statesville, NC 28677 PO Box 1654
Statesville, NC 28687
LOCATION: 1032' north of Flower House Loop adjacent to I-77, more
specifically identified as PIN# 4740-81-0901. Directions: Highway 115
south, on the left behind the mobile home sales lots.
REQUESTED ACTION AND CONDITIONS: Rezone the property from
R -A, Residential Agricultural Zoning District to GB, General Business
Zoning District.
PROPOSED USE: The owner is proposing to combine this lot with the 35
acres that he owns adjoining this property, which is already zoned GB. He
wants to create a planned development for light industrial uses.
SIZE: The total acreage is 6.64 acres.
EXISTING LAND USE: Vacant
SURROUNDING LAND USE: Vacant residentially and commercially
zoned property and I-77
WATERSHED REGULATIONS: The property is not located in a
watershed.
TRAFFIC: This property does not have direct access to a road right-of-
way. The capacity for the stretch of Charlotte Highway, the proposed
access for the property, is 40,000 vehicles per day. In 2003, the estimated
daily traffic count was 11,000 vehicles per day. Rezoning this property
would likely increase the traffic along this stretch of Charlotte Highway.
However, the possible impacts should not bring the road close to the
maximum carrying capacity.
ZONING HISTORY: This property has been zoned RA since countywide
zoning went into effect in 1990. On July 16, 2002, the Board of
Commissioners approved a rezoning on the adjacent parcel to GB CUD
for this same owner. The conditions were:
1) Underground utilities
2) Site Development Plan to provide for shared parking with
adjacent parcel
3) Site Development Plan to provide for future interconnectivity
between adjacent properties.
STAFF COMMENTS: This request is in compliance with the standards
recommended in the Exit 42 Study. It is located in an area designated for
Interchange Commercial, which fits in the GB zoning district. Therefore
staff recommends in favor of this request with the same conditions that
were placed on the adjacent parcel in 2002, which are:
I. Underground utilities
2. Site Development Plan to provide for shared parking with
adjacent parcel
3. Site Development Plan to provide for future interconnectivity
between adjacent properties.
PLANNING BOARD RECOMMENDATION: On June 1, 2005, the
Planning Board recommended in favor of this rezoning request without the
conditions recommended by staff, by a vote of 9-1.
Commissioner Johnson asked if he was correct in his understanding there were no
findings of facts or conditions and the reasoning behind this was due to the fact that
requirements would be imposed by the Town of Troutman for annexation. Mr. Warren
said this was a correct assessment, and it was very likely that in order to receive utility
services from the Town of Troutman, the Town might attach conditions in order to obtain
the extension of services.
Commissioner Johnson stated that while those conditions may be stricter than any
the County might have placed on the rezoning, that those conditions were between the
applicant and the Town of Troutman. Mr. Warren stated yes, this was correct.
No one else desired to speak, and Chairman Tice adjourned the public hearing.
MOTION by Commissioner Williams to approve the rezoning request of Case
No. 0506-3 (Donald A. Goforth Property) from R -A, Residential Agricultural to GB,
General Business Zoning District.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Proposed Amendment to the Iredell County Zoning Ordinance; SR14 —
Swimming Pools and Section 18.6, Definition — Swimming Pools: Planning
Supervisor Steve Warren explained that for purposes of regulation within the Zoning
Ordinance, swimming pools (residential) were considered the same as accessory
buildings and structures. He stated accordingly, swimming pools had to abide by certain
minimum setback requirements the same as other accessory buildings and structures. Mr.
Warren said swimming pools additionally had special requirements (SR14), which
differed from those of other accessory structures.
Mr. Warren stated a pattern of problems had occurred with one of the provisions.
He said SR14. B stipulated that pools which were not an integral part of the principal
building shall be located a minimum of ten (10) feet from the principal building. He said
the issue pertained to the amount of space allocated to building, deck or patio, and pool
for compliance with the setback requirement from the rear, particularly, the lakefront lot
minimum fifty (50) ft requirement from the 760 elevation line. He said the staff had
researched the matter and found no compelling reason to keep the requirement. He said it
made more sense to establish consistency with regulations within the N.C. Building
Code. Mr. Warren suggested the following amendment:
Amend: SR 14. Swimming Pool, Residential
A. Pools shall be located to comply with the minimum exterior
setback requirements for accessory buildings and structures of the district
in which located.
B. Pools which are not an integral part of the principal building shall
be located ,.r..,. (,m feet ffefn the pfi..,.ipal buildin at least
the minimum distance from the principal building necessary to comply
with N. C. Building Code requirements.
C. Swimming pools shall be protected by a fence or equal enclosure, a
minimum of four (4) feet in height, and equipped with a self-closing and
positive self -latching gate provided with hardware for permanent locking.
Add: Section 18.6, Definitions
A. General Definitions
Swimming pool. Any structure intended for swimming, recreational
bathing or wading that contains water over 24 inches (610 mm) deep.
This includes in -ground, above -ground, and on -ground pools; hot tubs
and fixed -in place wading pools.
No one else desired to speak and Chairman Tice adjourned the public hearing.
MOTION by Commissioner Johnson to adopt the proposed zoning ordinance
amendment regarding swimming pools as proposed by the planning staff.
VOTING: Ayes — 5; Nays — 0.
---------------------------------------CONSENT
item.
OTION by Commissioner Johnson to approve the following consent agenda
VOTING: Ayes — 5; Nays — 0.
1. Request from the Town of Troutman for Approval of an Easement Deed for
Property Located at the Southern Line of the Iredell County Vocational Workshop
and the Northern Line of Iredell County Property (Section of the County Home
Property): Troutman Town Manager Donald Duncan requested at the briefing session
for Iredell County to grant an easement along the property line bordering the Iredell
County Vocational Workshop and ABT, Inc., for the installation of a force main to
provide sewer services to the C.R. Onsrud Property, located behind the Iredell County
Vocational Workshop.
OF CONSENT
ADMINISTRATIVE MATTERS
Request for Approval of a Resolution Making Certain Findings Relating to
the Authorization and Issuance of School Bonds and Community College Bonds &
Authorizing the Director of Finance and Administrative Services to File an
Application with the Local Government Commission: The Chairman introduced the
following resolution, which was read by title and summarized by the Director of Finance
and Administrative Services.
RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE
AUTHORIZATION AND ISSUANCE OF SCHOOL BONDS AND
COMMUNITY COLLEGE BONDS OF THE COUNTY OF IREDELL,
NORTH CAROLINA, AND AUTHORIZING THE DIRECTOR OF
FINANCE AND ADMINISTRATIVE SERVICES TO FILE
APPLICATION FOR APPROVAL THEREOF WITH THE LOCAL
GOVERNMENT COMMISSION
WHEREAS, the Board of Commissioners for the County of Iredell, North
Carolina (the "County") is considering the authorization of not exceeding $44,630,000
School Bonds and $6,000,000 Community College Bonds of the County (collectively, the
"Bonds") for the purpose of providing funds, together with any other available funds, for
financing, respectively, school improvements and improvements to Mitchell Community
College, including paying expenses related thereto;
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Board of
Commissioners for the County:
Section 1. The Board of Commissioners hereby finds and determines in
connection with authorizing the issuance of the Bonds that (a) the issuance of the Bonds
is necessary or expedient for the County, (b) the proposed principal amounts of the Bonds
are adequate and not excessive for the proposed purposes of such issues, (c) the County's
debt management procedures and policies are good and are managed in strict compliance
with law, (d) the estimated increase in taxes necessary to service the Bonds (3 cents per
$100 assessed valuation) will not be excessive and (e) under current economic conditions
the Bonds can be marketed at reasonable rates of interest.
Section 2. The Director of Finance and Administrative Services is hereby
designated as the representative of the County to file an application for approval of the
Bonds with the Local Government Commission of North Carolina, and all actions
heretofore taken by the Director of Finance and Administrative Services and any other
officers of the County relating to such matter are hereby approved, ratified and
confirmed.
Section 3. This resolution shall take effect immediately upon its passage.
Upon motion of Commissioner Norman, the foregoing resolution entitled:
"RESOLUTION MAKING CERTAIN FINDINGS RELATING TO THE
AUTHORIZATION AND ISSUANCE OF SCHOOL BONDS AND
COMMUNITY COLLEGE BONDS OF THE COUNTY OF IREDELL,
NORTH CAROLINA, AND AUTHORIZING THE DIRECTOR OF
FINANCE AND ADMINISTRATIVE SERVICES TO FILE
APPLICATION FOR APPROVAL THEREOF WITH LOCAL
GOVERNMENT COMMISSION"
was passed by the following vote:
Ayes: Commissioners Tice, Norman, Williams, Robertson, Johnson
Noes: None.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
Juvenile Crime Prevention Council (1 announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Adult Care Home Communitv Advisory Committee 6 appointments): No
nominations were submitted, and Commissioner Tice made a mono to table the six (6)
appointments until the July 19, 2005 meeting.
VOTING: Ayes — 5; Nays — 0.
Juvenile Crime Prevention Council (4 appointments): Commissioner Norman
nominated Sally Dellinger for the "substance abuse professional" position, and
Commissioner Tice nominated Reverend John Milholland for the "faith community"
position.
Chairman Tice madeotio to close the nominations, appoint Dellinger and
Milholland by acclamation and postpone the remaining two (2 ) appointments until the
July 19, 2005 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursing Home Advisor Board 1 appointment): No nominations were
submitted, and Commissioner Tice made a otion to postpone the appointment until the
July 19, 2005 meeting.
VOTING: Ayes — 5; Nays — 0.
Farmland Preservation Advisor Board 1 appointment): Commissioner
Johnson made a mono to postpone this appointment until the July 19, 2005 meeting.
He said it had recently been brought to his attention that there is no one on the Farmland
Preservation Advisory Board representing the poultry side of agriculture
VOTING: Ayes — 5; Nays — 0.
Re ion E Ain Advisory Committee 2 appointment): No nominations were
submitted, and Commissioner Tice made a motion to postpone the two appointments
until the July 19, 2005 meeting.
VOTING: Ayes — 5; Nays — 0.
NEW BUSINESS: Chairman Tice stated that during the 5:00 p.m. briefing
session, the Commissioners agreed to call for a public hearing on Tuesday, July 19, 2005,
at 7:00 p.m., for the purpose of discussing an economic development incentive grant for
Lowes Companies, Inc., and its Phase III construction of a 730,000 square foot addition
of office space to accommodate up to 2500 additional employees with the projected cost
being $110,000,000.00. Tice said the company expected to finalize its cost and approval
for the project by early fall of 2005 with construction to begin in early 2006 and the
anticipated completion date being early 2008. She said the company was requesting an
incentive grant of $382,800.00 per year for a six-year period, totaling $2,296,800.00.
Chairman Tice said the county was fortunate to have company, such as Lowes, that had
enough confidence in Iredell County to add 730,000 square feet with an estimated cost of
$110,000,000.00.
Commissioner Johnson stated that over the years the board of commissioners had
continued to maintain a business environment with a low tax rate. He stated that as the
past chairman of the board, he knew how much time discussions on economic
development took. He thanked Chairman Tice for her exceptional representation of the
board when dealing with industrial recruitment and other economic matters.
Chairman Tice thanked Mr. Johnson for his comments, and expressed
appreciation to him for his services on the Statesville Airport Commission. She said the
airport improvements had probably influenced the Lowes officials in making their
expansion plans. Mrs. Tice said it was fulfilling when an economic development project
came to fruition.
COUNTY MANAGERS REPORT: None
ADJOURNMENT: Chairman Tice adjourned the meeting at 7:34 p.m. (NEXT
MEETING: Tuesday, July 19, 2005, at 5:00 p.m. and 7:00 p.m., in the Iredell County
Government Center, 200 South Center Street, Statesville, NC.)
Approval:
Acting Clerk to the Board