HomeMy WebLinkAboutMarch_14_2006_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MARCH 14, 2006
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
March 14, 2006, 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 & Code Enforcement Director Lynn Niblock,
Planning Supervisor Steve Warren, Planner Richard McHargue, and Acting Clerk to the Board
Stephanie Whitlock.
CALL TO ORDER by Chairman Tice.
INVOCATION by Commissioner Johnson.
PLEDGE OF ALLEGIANCE: Cub Scout Troop 630, affiliated with Friendship United
Methodist Church in Statesville, NC, led the Pledge of Allegiance. Cub Master Ben Hager
accompanied the boys to the meeting.
ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to approve the
following agenda adjustments.
Addition: • Request from the Iredell County Recreation Department for Approval of the
North Iredell Park Master Plan.
• Resignation of Steve Kivett from the Adult Care Home Community Advisory
Committee
Deletion: • Request for Approval to Declare Property Surplus & to Use an On -Line
Auction Process
ADMINISTRATIVE MATTERS
Re nest for the Appointment of Stephanie Whitlock as the Acting Clerk to the
Board: MOTION by Commissioner Johnson to appoint Stephanie Whitlock as the Acting Clerk
to the Board due to Clerk to the Board Jean Moore being on vacation.
VOTING: Ayes — 5; Nays — 0.
PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS
Presentation of a North Carolina Long Leaf Pine Award to Mrs. Anita Pressly:
Chairman Tice said the board was pleased to have Senator Jim Forrester at the meeting. She said
Dr. Forrester would present the Order of the Long Leaf Pine Award to Anita Pressly, who had
for many years volunteered and assisted at organizations that worked with developmentally
disabled and mentally retarded children and adults. Tice said Debbie Brown, with LifeSpan of
Iredell, had nominated Mrs. Pressly for the award and had included the following in the
nomination:
"As you are aware, March is National Mental Retardation/Developmental Disabilities
Awareness Month. This observance reminds us to recognize people with disabilities as valuable,
contributing members of our communities. This observance is also a time to reflect on the great
progress in helping those with disabilities to lead normal lives in their communities and to
recognize those who have led in creating change. LifeSpan of Iredell has nominated Mrs. David
L. Pressly, Sr. (Anita) to receive the Governor's Order of the Long Leaf Pine Service Award.
Mrs. Pressly has been aggressive in her determination to see that new opportunities are given
through program services for children and adults with developmental disabilities for over four
decades -- not only in Iredell but across North Carolina. "
Senator Forrester said Lee Derby, the President of LifeSpan, was also attending the
meeting. Forrester said LifeSpan had nominated Mrs. Pressly for the award, but he was pleased
to represent the Governor in presenting the award. He commended Mrs. Pressly for her
outstanding work. Senator Forrester said the state award began early in the 1960s, during
Governor Terry Sanford's administration, and later in 1962, the long leaf pine was recognized as
the official North Carolina tree. He said this was how the award received its name, "The Order
of the Long Leaf Pine." Forrester said he had presented only four of the awards in the past 16
years, and the Governor was very particular about who was chosen to receive them. He said the
award was the highest that could be presented to a North Carolina citizen, and past recipients had
included Maya Angelou, Dale Earnhardt, Andy Griffith, and Dr. Billy Graham. He then
presented the award to Mrs. Pressly.
Mrs. Pressly said there had been much joy in her volunteer work, especially in seeing
youth and adults developing new skills and becoming more self-confident. She said the
mentally and developmentally disabled enjoyed making friends and they cared about one
another. She said they also enjoyed sports activities and participation in the Special Olympics
where everyone brought home a prize. Pressly said the older individuals learned job skills at the
sheltered workshop, they learned ways to retain their jobs, and they learned how to manage their
money. She expressed concerns about Medicaid and funding cuts and how this action would
affect the programs. Mrs. Pressly said LifeSpan was a private, non-profit organization that had
a mission to provide a continuum of services for learning disabled individuals from birth until
death. She said the organization had been in existence for 30 years, and it was operating in 26
counties. Pressly thanked the county, the municipalities, and the local college for the many ways
they had assisted in the past. She also thanked the churches, the United Way, and the parents of
the disabled. She said it had been a joy to live in a community that was inclusive of people who
were different, a community that did not marginalize, exclude, tease, or bully the disabled, but
instead welcomed them.
Chairman Tice praised Mrs. Pressly for her many years of commendable work and
congratulated her for being awarded the Order of the Long Leaf Pine.
Recognition of Sheriff's Department Retirees Bob Fromme and Mike Phillips &
Presentation of Appreciation Plaques: Chief Deputy Rick Dowdle said Retirees Fromme and
Phillips would be greatly missed at the sheriff's department.
Chairman Tice thanked Fromme and Phillips for their many years of service and for their
assistance in keeping the citizens safe.
Presentation from Mr. Ron Starner, General Manager of Conway Data, Inc.,
Regarding Site Selection Magazine's Designation of Mooresville and Statesville as Being #1
for Small Micropolitan Areas: Ron Starner said two years ago Jack Schultz wrote a book
entitled, "Boom Town USA" that outlined the keys for success in small towns. He mentioned
that Chapter 10 cited Mooresville, NC, as an example of what could happen when a small town
decided to reinvent itself. Starner said Schultz had written, "Among the keys to success was the
town's ability to leverage its resources, raise up strong leaders, maintain local control, shape its
vision, and encourage an entrepreneurial approach to business." He said Site Selection
Magazine was an international business journal that reached 44,000 corporate real estate
executives. Mr. Starner said that since 1999, Iredell County had been home to one of America's
greatest small town success stories, the Statesville -Mooresville Micropolitan Area, that included
Troutman, Lake Norman, and every other community in the county. Starner said the U.S.
Census Bureau designated a county as a micropolitan area if it was a non -metro county with an
urban cluster of at least 10,000 people and had a large, self-sustaining economy. He said thanks
to such economic engines such as the Lowes Corporate Headquarters, the motor sports industry,
and the rapidly growing distribution corridor at the convergence of I-77 and 1-40, the Statesville -
Mooresville Micropolitan Area stood alone as the leading micropolitan area in the nation. Mr.
Starner said that for the calendar year 2005, the Statesville -Mooresville area recorded 40 new or
expanded corporate facility projects of 1 million dollars or greater. He said to better understand
the ranking, it should be stated that the second largest micropolitan area, Tupelo, Mississippi,
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had only 25. He said that performance today, earned the Statesville -Mooresville area the official
designation from Site Selection Magazine.
Melanie O'Connell Underwood, Executive Director of Economic Development for the
Mooresville -South Iredell Community Development Corporation, and Terry Orell, Interim
Director for the Greater Statesville Development Corporation, were both in attendance at the
meeting, and Chairman Tice thanked them for their exception work and for the national
recognition.
APPOINTMENTS BEFORE THE BOARD
Presentation from the Mooresville -South Iredell Chamber of Commerce Regarding
the Economic Development Strategic Plan: Economic Developer Melanie O'Connell
Underwood said the county had helped fund a Comprehensive Economic Study Plan. She then
presented the plan and highlighted some of the action items as follows:
• Build a stronger support system for entrepreneurs and small businesses; form an
entrepreneur association.
• Local leadership should have a more visible role and be more closely connected
to the positive developments that are taking place in the region.
• Form an expert advisory panel to regularly brief local elected leaders on issues
facing the region.
• Explore the opportunity to construct a direct transportation route to the Statesville
Regional Airport from Mooresville.
• Connect the region's community college and workforce training providers with
the training needs of existing employers, and the future targeted industries more
effectively.
• The M -SI region should expand its efforts to attract and retain professionals age
25-44.
• Provide more open space for recreational activities for the young and active
segment of the population.
• Support and expand the role of the Iredell County Transportation Advisory Board
to tackle the region's local transportation infrastructure constraints.
• Create a single comprehensive land use plan for the entire MSI region.
• Agree on the MSI region's economic development vision.
• Sign a collective compact agreement to implement the recommendations outlined
in the Economic Development Strategy.
• Provide additional resources to the M -SI Chamber of Commerce Economic
Development Department by embarking on a nationwide five year fundraising
initiative.
• Create a fully staffed Business Retention and Expansion Program to improve
efforts to support existing business.
• Spearhead a regional approach to economic development.
• Identify target industry champions, commit to training the local workforce and
local tourist organizations, and identify local media champions.
• Increase general external marketing initiatives.
Commissioner Johnson said the study was one of the most comprehensive economic
development plans that he had seen during his twelve years on the board. He said that it took in
many different factors, and it would take many people pulling together to make it effective.
Johnson said $50,000 sounded like a lot of money for a study, but it could be funds well spent if
coordination occurred.
Presentation from Mr. Stan Clardy Regarding the Confederate Monument
Rededication (1906-2006) and a Celebration Scheduled for Saturday, May 6, 2006: Stan
Clardy, Chairman of the Iredell County Confederate Monument Celebration Committee,
requested permission to place a rededication marker at the front base of the Confederate
monument as part of an upcoming celebration. He said the granite marker was designed to be
placed into the ground flush with the grass, and it was 12" x 36." Clardy said the wording
would be: "Centennial and Rededication of Monument - In memory of the Iredell County
Confederate Soldiers, May 6, 2006, Deo Vindice." He said similar to 1906, the marker and
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event would be paid entirely from private sponsors, donations, sales of ads, and commemorative
items.
Mr. Clardy said that in 1860, Iredell County had a population of 13,000 and 2,707 men
and boys joined the army, 597 of whom died during the war. He stated that on a per capita basis
today, that would be the equivalent of over 5,000 casualties. Clardy said this was truly American
history, and the purpose for the rededication event was to learn about, and honor, our history in
an effort to understand who we are, and realize the debt we owe to all of those who came before
us. Clardy said that in conjunction with the event, visitors would be encouraged to visit nearby
historic places such as the Vance House, Fort Dobbs, and the Iredell Museum of Arts and
Heritage Historic site. In addition, Clardy said on May 2 and 3, a replica of the submarine H.L.
Hunley would be on display at the depot. He said there had already been many requests from the
schools, ROTC groups, and others for tours of the submarine exhibit.
MOTION by Commissioner Johnson to grant the request and allow a rededication
marker to be located at the base of the monument and to celebrate the rededication of the
monument on Saturday, May 6, 2006.
VOTING: Ayes — 5; Nays — 0.
PUBLIC HEARINGS
Chairman Tice declared the meeting to be in a public hearing.
Consideration of Possible Economic Development Incentives for the Fischbein
Company: Terry Orrell, Interim Director for the Greater Statesville Development Corporation,
said the Fischbein Company was established in 1993, and it was now a significant employer in
the community. Orrell said Fischbein was planning a new capital investment of $2.5 million
(58,000 s.f. of space) and employing 26 people in addition to its operation already in the
community. He said Fischbein's average wage rate ($22.00 an hour) was above the county's
average. Orrell said the company manufactured bag filling and closure machinery, and the
incentive request was for $43,500.
No one else requested to speak, and Chairman Tice closed the public hearing.
MOTION by Norman to approve the $43,500 economic development incentive, over a
five-year period, based on a $2.5 million investment in Iredell County.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Case No. 0601-3: Thomas & Sandra McCurdy (Applicant — Joe Keiper) Request to
Rezone Property from Residential Agricultural & Neighborhood Business to Highway
Business Conditional Use District: Planning Supervisor Steve Warren gave the following staff
report for this rezoning request.
OWNER: Thomas and Sandra McCurdy
460 Normandy Road
Mooresville, NC 28117
Phone: (704)664-3687
APPLICANT: Joe Keiper
I 1 I Bevington Way
Mooresville, NC 28117
Phone: (704)660-3210
LOCATION: 111 Alexander Acres Road, Mooresville NC 28117; more specifically
identified as PIN # 4677-47-6277. Directions: From Statesville, South on Hwy 21
toward Mooresville. Bear left on 115, then turn left onto Hwy 150. Property on right at
comer of Alexander Acres Road, just past fork intersection with Landis Hwy (Hwy 152).
REQUESTED ACTION AND CONDITIONS: Rezone the subject parcel from RA,
Residential Agricultural, and NB, Neighborhood Business to HB -CUD, Highway
Business Conditional Use District with the following conditions:
• Provide aesthetic landscaping along both Alexander Acres Road and Hwy 150
frontage;
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• Ingress/egress to be located only onto Alexander Acres Road per DOT approval;
• Any outside storage will be located at southern end of property, out of site of the
residential properties along Hwy 150;
• Lighting to shine inward on the storage area only;
• Exclude all "Residential" uses as listed in the Iredell County Zoning Ordinance;
• Exclude all "Recreational" uses as listed in the Iredell County Zoning Ordinance;
• Exclude all "Educational & Institutional" uses as listed in the Iredell County
Zoning Ordinance;
• Exclude all "Retail Trade" uses as listed in the Iredell County Zoning Ordinance;
• Exclude all "Manufacturing and Industrial" uses as listed in the Iredell County
Zoning Ordinance;
• Exclude all "Public Works Facilities, Utilities & Infrastructure" uses as listed in
the Iredell County Zoning Ordinance;
• Exclude the following "Business, Professional, & Personal Service" uses:
Animal clinics and hospitals; Automobile rental and leasing; automobile repair
and service (including storage of wrecked or junked vehicles); automobile
washing facilities; bus stations; communicative facilities, including radio and
television broadcasting; convenience food stores; drive-in theatres; dry-cleaning
& laundry facilities; equipment repairs; farm -type enterprises; internal service
facilities incidental to permitted uses; laundromats; motels & hotels; motion
pictures productions; photo finishing laboratories; private clubs; recreational
vehicle parks or campsites; service stations; shoe repair or shoeshine shops; taxi
terminals; upholstering & furniture refinishing.
PROPOSED USE: Mini -storage facilities.
SIZE: 4.67 acres.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Vacant, Agricultural, and Residential.
WATERSHED REGULATIONS: The subject parcel is located within the WS -II -
Balance (Coddle Creek) watershed.
TRAFFIC: According to NCDOT traffic counts during 2004, this stretch of
Highway 150 had an average of 11,000 vehicles per day with a carrying capacity of
10,500.
ZONING HISTORY: This property has been zoned RA and NB since
countywide zoning took effect in 1990.
STAFF COMMENTS: Applicant is seeking to rezone this property with the intent
of constructing self -storage facilities. The property is located at the corner of
Alexander Acres Road and Hwy 150. This proposed rezoning is consistent with
other zoning classifications in this vicinity, and staff recommends in favor of the
request. Statement of Land -Use Plan Consistences The request for Highway
Business zoning complies with the intent of the general Commercial areas included
on the County's Land -Use Plan; therefore, this request is deemed a reasonable
zoning classification for this property.
PLANNING BOARD ACTION & FOLLOW-UP: On January 4, 2006 the
Planning Board voted 10-1 to recommend denial of the rezoning request based on
the lack of site -development information submitted by the applicant, as well as the
applicant's absence from the meeting. It was noted that since the applicant was not
in attendance at that meeting, the applicant could not respond to neighbors'
concerns over various aspects of the site's development. Therefore, applicant
could not amend his request to a Conditional -Use District. Following the Planning
Board meeting, applicant met with staff to address the neighbors' concerns and
prepare a conceptual design of the planned project accordingly.
BOARD OF COMMISSIONERS ACTION & FOLLOW-UP: On
February 7, 2006 the Board of Commissioners remanded this request to the
Planning Board due to the fact that new information on the case had been
presented. Specifically, the applicant had added conditions to their request which
the Planning Board did not have a chance to review due to the applicant's absence
at the January meeting. The applicant has since added further conditions to exclude
certain Highway -Business uses from the property (as listed above on this staff
report).
PLANNING BOARD ACTION: On March 1, 2006 the Planning Board voted 9-2
to recommend approval.
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Commissioner Johnson asked if ingress and egress would be located only on
Alexander Acres Road.
Warren said yes -- this was correct.
No one else desired to speak, and Chairman Tice adjourned the public hearing.
MOTION by Commissioner Robertson to (1) approve the Statement of Land Use
Consistency as follows: The request for Highway Business zoning complies with the
intent of the general commercial areas included on the county's Land -Use Plan,
therefore, this request is deemed a reasonable zoning classification for this property, (2)
to approve the findings of fact as follows: The use requested is among those listed as an
eligible Conditional Use in the district in which the subject property is located or is to be
located, the Conditional Use will not materially endanger the public health or safety if
located where proposed and developed according to the plan as proposed, the
Conditional Use meets all required conditions and specifications, and the location and
character of the Conditional Use if developed according to the plan as proposed will be
in harmony with the area in which it is to be located and in general conformity with the
plan of development of the County and environs, and (3) to approve the rezoning from
Residential Agricultural and Neighborhood Business to Highway Business Conditional
Use District for Case 0601-3 (McCurdy/Keiper).
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Case No. 0601-2: Lake Norman Volunteer Fire Department Requests an
Amendment to the Brawley School Peninsula Small Area Plan & Roadway Protection
Overlay District in Conjunction with a Request to Rezone a Portion of Property from
Residential Agricultural to Neighborhood Business District: Planning Supervisor Steve
Warren explained the following staff report for this rezoning request.
OWNERS: Lake Norman Volunteer Fire Dept APPLICANT: Frank Phillips
1206 Brawley School Road 200 Ringneck Trail
Mooresville, NC 28117 Mooresville, NC 28117
Phone: (704) 664-2468 (704)873-1835
LOCATION: 1206 Brawley School Road, Mooresville NC 28117; more
specifically identified as PIN # 4636-26-4858. Directions: From Mooresville,
south on Brawley School Road; fire department property is on right past
intersection of Blume Road.
REQUESTED ACTIONS: 1) Rezone a portion of subject parcel from RA,
Residential Agricultural to NB, Neighborhood Business; 2) Amend Roadway
Protection Overlay (RPO) District to include entire parcel; and 3) Amend the
Brawley School Road Small Area Plan.
PROPOSED USE: Any and all uses allowed in NB.
SIZE: .38 acre to be rezoned; parcel totals 1.03 acres.
EXISTING LAND USE: Parking area for Lake Norman Volunteer Fire
Department.
SURROUNDING LAND USE: Residential and Commercial.
WATERSHED REGULATIONS: The subject parcel is located within the
WSIV-Critical Area watershed.
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TRAFFIC: According to NCDOT traffic counts, this stretch of Brawley School
Road had an average of 12,000 vehicles per day. According to the 1993
Thoroughfare Plan, this road has an approximate carrying capacity of 9,000
vehicles per day.
ZONING HISTORY: The existing NB -portion of the subject property has been
zoned as such since the early 1980s while the RA portion has been zoned since
countywide zoning took effect in 1990.
STAFF COMMENTS: Most of this property has been zoned NB since the early
1980's; the subject portion was added to the fire department's property in 1989.
The area requested is thus an attempt to bring the remaining portion of the parcel
into zoning conformity with the original NB designation. The Brawley School
Road Small Area Plan was adopted in 2002 and shows the subject property as
future residential; however, in present times the fire department has expanded,
plans to move to a new facility south of the existing station, and thus desires to
sell the subject parcel. It would appear unlikely that this property today would
offer a highest and best use as residential. Future land use patterns indicate the
suitability of this general area for commercial usage; in this particular case with
the property fully fronting Brawley School Road and the station having existed
there for many years, staff feels the parcel should be included in the Commercial
area of the Land -Use Plan. Additionally, the RA portion is small enough (80'
wide by 206' long) where it would not allow for further subdivision and
construction of a residential dwelling, so refusing a rezoning based on the current
Land Use Plan may not realistically accomplish anything positive for the
community or the property owner. For these reasons and to apply the existing
NB zoning uniformly on the property, staff recommends in favor of the request.
Statement otLand-Use Plan Consistency: With the amendment to the Land -Use
Plan, this aligns the subject property with likely future land -use patterns and the
parcel's highest and best use given its location, existing structures, and partial -
NB zoning classification.
PLANNING BOARD ACTION: On February 1, 2006 the Planning Board took
the following actions on this case:
• Voted in favor (9-1) to recommend amending the Brawley Peninsula
Small -Area Plan to include the entire parcel in a commercial node based
on the Statement of Land -Use Plan Consistency as presented above.
• Voted in favor (9-1) to recommend amending the RPO district to include
the entire parcel based on the Statement of Land -Use Plan Consistency
as presented above.
• Voted in favor (6-4) to recommend approval of the rezoning as
requested, based on the Statement of Land -Use Plan Consistency as
presented above.
Johnson asked if the recommendation was based upon the fact that staff felt the
property had every appearance in the future to develop into commercial as the
commercial node extended out onto Brawley School Road. He mentioned also the
staff's argument that by placing it in the Roadway Protection Overlay District (RPO), the
development standards could be raised for property as opposed to not placing it in the
RPO.
Warren said there was a significant advantage in taking opportunity at this time to
place the entire parcel into the RPO.
Johnson asked if this was primarily the basis for the staff's recommendation, and
subsequently, the planning board's decision.
Warren stated that in the absence of conditions from the applicant, it was a big
advantage for the case.
Ross Adams, residing at 1228 Brawley School Road, said he owned two homes
near the property, one of which was a rental home, and the other his personal residence.
He said he was the single most property owner affected by the rezoning. Adams said his
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property was adjacent on the back and south sides. He then proceeded to play back taped
excerpts from the Planning Board meeting (see file for excerpts).
Commissioner Williams said Mr. Warren touched on the fact that it was a split
decision by the Planning Board, and it was not only a split decision but the opposition
had some very strong statements.
Adams said the basis for the rezoning was to sell the site to the highest bidder.
He said every concern and desire by the fire department could be achieved but it didn't
have to be carte blanche. Mr. Adams said he had presented his concerns to the Lake
Norman Volunteer Fire Department board, but he never heard anything final from them.
Adams said he felt the fire department was using a "bullying approach" since it was a
public entity. He said his property did not have to be damaged, and the fire department
could receive a commercial zoning if the VFD members were willing to place some
conditions on the property. Adams said that if the request were approved, a precedent
would be set. He said the Land Use Plan was specifically clear, and it drew a line
following the existing zoning which said to him that anything proposed should be
scrutinized due to not being in the plan. Adams said he interpreted the ordinance as
saying all rezoning should be conditional under the Brawley School Road Plan and the
Roadway Overlay Protection Plan. He said the county had already gone against the plan
with the Chuckwood Road rezoning. Adams mentioned the possibility of the Brawley
School Road being widened and road frontage being taken by the state. He said service
stations, fast food restaurants, convenience stores, and car washes were allowed under
NB, and they would all be detrimental to the area. He challenged the staff to justify the
Statement of Consistency. Adams said favoritism was not a reason to rezone, and the
highest and best use was not always the quickest and easiest. He suggested that the
request be given back to staff and planning board for re -study as a conditional use.
Rose Marie Adams, wife of Ross Adams, said a rezoning sign was on the site for
only 24 hours. She said her family sold the property to the fire department for use as a
parking lot, and they never would have agreed to the sale had they known it might
someday be used for a fast food restaurant.
Frank Philips, treasurer for the Lake Norman Fire Department, said the
department desired to be a good neighbor and in no way meant to bully or be negative.
He said the fire department officials were interested in bringing one acre of land into one
type of zoning. Philips said the fire department members initially thought the property
was all residential agricultural, and they wanted to rezone it NB. He said it was then
found out that 2/3s of the property was already zoned NB, so the request was to have the
remaining 1/3 rezoned to NB. Phillips said the VFD officials thought the property would
be difficult to market with two different zonings.
Commissioner Robertson asked Mr. Philips if the department would or would not
accept the conditions that Ms. Ebert had on her property.
Philips said that half of it did not have conditional uses. He said that right now, a
fast food restaurant could be on the site. Mr. Phillips said the VFD would accept the ten
foot undisturbed buffer. He said there was a condition for a stub out and that all of their
property faced the Brawley School Road. He said that it had been mentioned that three
or four businesses could to be placed on the property, but this many couldn't be on one
acre. Philips said Mr. Adams had a concern about lighting, but Mr. Warren had
indicated there would be a restriction for six-foot candles.
Robertson said there would be light fixtures if an Arby's Restaurant were built.
Mr. Philips said he didn't think an Arby's would fit.
Robertson said the concern was not about what would be built next week, but
when water and sewer would be provided.
Mr. Philips said the lighting requirement would not change.
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Warren said the RPO stated the lighting could not be more than six-foot light
candles. He said there was also a stipulation indicating that there had to be landscaping
installed along the roadway front 15 ft. wide, and the parking should be either on the side
or rear with none in the front of the building. He said with these types of restrictions, it
would be difficult for a franchise type business to go there. He said there were many
conditions the fire department agreed to without the conditional use zoning. Warren said
that it would be a stronger case if there were conditions on the uses, but they had a strong
case with the RPO being a part of the property. He said that if they were to develop it
now, there would be no landscaping, parking or lighting restrictions, except what was in
the zoning ordinance.
Commissioner Williams asked if a 30 ft. setback on commercial was stipulated.
Warren said there was a 30 ft. setback from the side or rear if NB was next to residential.
Williams said 30 ft. of the 80 ft. would be a setback anyway.
Robertson asked Mr. Adams if his main problem was about restaurants on the
site.
Mr. Adams said he wanted a site specific plan agreeable to everyone. He said this
was discussed as a remedy at the planning board meeting. Adams expressed concerns
about convenience stores, carwashes, and fast food restaurants. He said Office -
Institutional zoning was mentioned in the planning board meeting, and these types would
be appropriate because they would close at 5 p.m. and not be open on the weekends.
Adams asked for the request to be remanded back to the staff.
No one else desired to speak, and Chairman Tice adjourned the public hearing.
OTION by Commissioner Williams to amend the Brawley School Peninsula
Small Area Plan by including this entire parcel into the commercial node based on the
Statement of Land Use Plan Consistency.
Johnson said it had been awhile since the Roadway Protection Overlay Plan was
approved but he recalled it did require landscaping, and architectural review, along with
having restrictions on lighting, curb cuts, driveway & parking.
Warren said this was correct.
VOTING: Ayes — 5; Nays — 0.
MOTION by Commissioner Johnson to (1) approve the Statement of Land Use
Plan as follows: With the amendment to the Land -Use Plan, this aligns the subject
property with likely future land -use patterns and the parcel's highest and best use given
its location, existing structures, and partial -NB zoning classification, and (2) to amend
Roadway Protection Overlay District by including the property in question.
VOTING: Ayes — 5; Nays — 0.
OTION by Commissioner Johnson to (1) approve the Statement of Land Use
Plan as follows: With the amendment to the Land -Use Plan, this aligns the subject
property with likely future land -use patterns and the parcel's highest and best use given
its location, existing structures, and partial -NB zoning classification, and (2) to grant the
rezoning request from Residential Agricultural to Neighborhood Business for Case 0601-
2 (Lake Norman Volunteer Fire Department).
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
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Proposed Amendment to the Iredell County Zoning Ordinance; SR50 —
Wireless Telecommunication Towers, Ron Smith, representing the Berkley Group:
Planning Supervisor Steve Warren said this was a privately initiated text amendment, but
the staff and planning board felt it had "good technical sense." He said a Berkley Group
representative had requested to speak, but the person was unable to attend the meeting.
Warren said the amendment centered around one key point that would give some
flexibility to the cell tower provision. He said the change would decrease the required
setback from the current ordinance providing the applicant's engineers certified the fall
zone radius around the tower. Warren said a lesser setback would be allowed, if the
engineer could show the tower would collapse within the ratio. He said the ordinance
would still require the tower to be at least 500 ft. away from existing residences, but a
lesser setback could be granted upon engineers' certification. Mr. Warren said the
applicant had requested for the case to be continued until the next meeting date.
No one else desired to speak.
MOTION by Chairman Tice to continue the public hearing to the next scheduled
meeting.
VOTING: Ayes — 5; Nays — 0.
Chairman Tice declared the meeting to be in a public hearing.
Proposed Amendment to the Iredell County Zoning Ordinance; Including
the Addition and Revision of Various Definitions to the "Definitions" Section &
Revisions to the following uses: restaurant & bar, bona fide farm, farm buildings,
farm type enterprises, kennels/animal shelters/grooming, landelearing and inert
debris (LCID) landfills, and rural commercial recreational facilities: Planner
Richard McHargue said the planning board last fall appointed a subcommittee to work
with the staff on amendments to the zoning ordinance. McHargue said the revisions
were offered to provide clarification on definitions and to give the staff and public some
guidance when dealing with application permits. He said Article XIV was new, and it
brought out the definition section that was buried in the ordinance text.
Planner McHargue said the planning board took action on the amendments at the
February meeting and approved the Statement of Land -Use Plan as follows: "The
amendments are consistent with the Land Use Plan's purpose of serving as a policy guide
in making future recommendations dealing with the growth and development of the
county,specifically, these Amendments are consistent with the plan's recommendation
that the Zoning Ordinance text undergo a comprehensive review and expansion of its
various functions. "
Commissioner Johnson said at the briefing, he had indicated some verbiage that
might be acceptable for the bona fide farm amendment. He asked McHargue if anything
different had been drafted.
McHargue said that in the bona fide farm section, there were four criteria. He
said one way to address some of the concerns from the briefing session was to keep
requirements 1, 2, and 3 and break out requirement 4 as a statement to read as such: "If
the applicant can not meet requirements 1, 2, or 3 above, the applicant or owner has the
option of applying for bona fide farm status by showing that the applicant has farm
income by submitting the previous years' farm schedule form from the owner's Federal
Income Tax Return."
Johnson said he could agree to the suggestion. He said as long as there was an
understanding that they were not required to do this, that if they could meet any of the
other requirements, they would be looked at first. He said if they could not meet the
requirements, it was their option to submit the information. Johnson said it would
eliminate problems the board members had to resolve a few years ago.
No one else desired to speak, and Chairman Tice adjourned the public hearing.
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MOTIO by Commissioner Johnson to approve the proposed amendments to the
Iredell County Zoning Ordinance.
VOTING: Ayes — 5; Nays — 0.
ADMINISTRATIVE MATTERS
Request from the Mitchell Community College Board of Trustees for
Approval of Budget Amendment #30 for a Supplemental Allocation of $55,000 for
Operating Expenses Associated with the Workforce Development Technology
Building: At the briefing session, Dr. William Findt, representing Mitchell Community
College, requested $55,000 in supplemental funds to assist with operating expenses due
to the new Workforce Developmental Technology Building.
OTION by Commissioner Williams to approve the request from Mitchell
Community College for a supplemental allocation of $55,000 for Workforce Technology
Building Operating Expenses.
VOTING: Ayes — 5; Nays — 0.
---------------------------------------CONSENT AGENDA ----------------------------------------
MOTION by Commissioner Johnson to approve the following nine (9) consent
agenda items.
VOTING: Ayes — 5; Nays — 0.
1. Request from the Criminal Justice Partnership Program Committee for
Approval of the FY 2006-2007 Budget: Appropriate Punishment Options Director Pam
Navey said at the briefing that the CJPP Committee had recommended a $120,965
grant/budget request for next fiscal year.
2. Request from the Sheriffs Department for Approval to Apply for $34, 950 in
Governor's Highway Safety Funding: During the briefing session, Lieutenant Rick
Eades requested to apply for $34,950 in GHSP funding. He said a local match of $6,277
would be needed, and it could be derived from drug seizure monies. Eades said the
funds would be used to purchase new radars, Alco -sensors, cones, signs, reflective vests,
and other related equipment.
3. Request from the Tax Administrator's Office for Approval of the February
Refunds/ Releases: Tax Administrator Bill Doolittle, at the briefing session, requested
approval of the following February 2006 refunds/ releases:
Releases for the month of February 2006
Breakdown of Releases
County
$61,574.76
Solid Waste Fees
$611.00
E. Alex. Co. Fire#1
$1.15
Shepherd's Fire #2
$94.68
Mt. Mourne Fire #3
$11.11
All County Fire #4
$672.56
Statesville City
$1,569.43
Statesville Downtown
$42.75
Mooresville Town
$59,251.75
Mooresville Downtown
$40.37
Mooresville School
$2,613.32
Love Valley
$0.00
Harmony
$0.00
Troutman
$154.67
$126, 637.55
Refunds for the month of February 2006 $4,757.59
Breakdown of Refunds
County
$2,623.24
Solid Waste Fees
$52.00
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$31.63
Mt. Mourne Fire #3
$0.00
All County Fire #4
$11.72
Statesville City
$1,791.73
Statesville Downtown
$0.00
Mooresville Town
$216.65
Mooresville Downtown
$0.00
Mooresville School
$30.62
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
4. Request from the Health Department for Approval of Budget Amendment
#31 for the Distribution of Additional Food/Lodging Fees: At the five o'clock
briefing, Health Director Donna Campbell said her department was eligible to receive an
additional $10,802.48 in Food and Lodging Fees over the budgeted amount. She said the
funds would be used to cover one-time equipment/supply costs associated with the
planned renovation of the food/lodging staff offices in Mooresville and Statesville.
Additionally, she said the costs would be removed from the FY 2006-07 proposed
budget, and remaining monies would be utilized to cover food/lodging staff
salaries/fringe costs in the current fiscal year.
5. Request from the Health Department for the Addition of Dental Code D5211
to the FY 05-06 Dental Fee Schedule: Health Director Donna Campbell said at the
briefing session that children needed partial dentures when severely decayed teeth had to
be extracted from the upper front portion of their mouths. She said this fee code would
cover the expense for the partials.
6. Request from the Health Department for Approval of a new $23.00 Fee in the
Preventive Health Fee Schedule for Occult Blood Tests, CPT Code 82272: At the
briefing session, Health Director Donna Campbell said this fee would be used to screen
for colo -rectal cancer.
7. Request from the Health Department for Approval of Budget Amendment
#32 for an FY 05-06 Women's Infants & Children's Program (WIC) Budget
Revision (increase of $18,357 Based on Increased Participation): Health Director
Donna Campbell said during the briefing session that an additional $18,357 had been
received due to an increased WIC caseload. She requested acceptance of the additional
revenue to purchase new computers, printers, office furniture, and to hire a processing
assistant (temporary agency) to accommodate the increased demand.
8. Request from the Health Department for Approval of Budget Amendment
#33 for the Acceptance of Public Health Preparedness Funds: Health Director Donna
Campbell said at the 5 P.M. meeting that several weeks ago her department received
permission to apply for additional Public Health Preparedness Funds. She said the
$2,282 in funding was approved, and there was a recommendation to use the money for
improved access and security for the disaster response trailer and the following items:
Fencing
$1512.00
Gate
$600.00
Lock
$20.00
Trailer Hitch Receiver and Wiring
$150.00
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9. Request from the Iredell County Recreation Department for Approval of the
North Iredell Park Master Plan: Parks & Recreation Director Robert Woody, at the
briefing session, presented the commissioners with the copies of the North Iredell Park
Master Plan. Woody also requested approval of the plan.
-----------------------------------END OF CONSENT AGENDA ---------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS &
COMMISSIONS
• Adult Care Home Community Advisory Committee (1 announcement)
• Resignation of Steve Kivett from the Adult Care Home Community
Advisory Committee (1 announcement)
• Lake Norman Transportation Advisory Committee (1 announcement for
an alternate position)
APPOINTMENTS TO BOARDS & COMMISSIONS
Chairman Tice made a
to postpone this appointment until the April 4, 2006 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Community Advisory Committee (4 appointments):
Commissioner Norman made aotio to postpone the appointments until the
April 4, 2006 meeting.
VOTING: Ayes — 5; Nays — 0.
Nursinjj Home Advisory Committee (I appointment): No nominations were
submitted, and Chairman Tice made a motion to postpone the appointment until the
April 4, 2006 meeting.
VOTING: Ayes — 5; Nays — 0.
Statesville Planning Board (ETJ) (1 appointment): No nominations were
submitted, and Commissioner Norman made a otio to postpone the appointment until
the April 4, 2006 meeting.
VOTING: Ayes — 5; Nays — 0.
Animal Grievance Committee (1 appointment): Commissioner Williams
nominated Elaine Allman.
Chairman Tice made otion to close the nominations and appoint Allman by
acclamation.
VOTING: Ayes — 5; Nays — 0.
Historic Properties Commission 1 appointment): No nominations were
submitted, and Chairman Tice made a motio to postpone the appointment until the
April 4, 2006 meeting.
VOTING: Ayes — 5; Nays — 0.
PUBLIC COMMENT PERIOD: No one wished to speak.
COUNTY MANAGER'S REPORT: County Manager Joel Mashburn gave a
brief review on the following:
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I . Information on the tax burden relationships for cities/counties with per
capita income as well as population was shared.
2. A letter was shared from the North Carolina Association of County
Comissioners concerning a district meeting to be held at the Iredell
County Agricultural Center from noon until 4 p.m. on April 11, 2006.
3. Representatives from the Hexcel Corporation sent information
concerning possible expansion plans (relocation of a portion of the
company's facility to the Statesville area) and stressed the importance
of incentives in the decision-making process.
4. A poster, commemorating 250 years of history at Fort Dobbs on
April 8-9, 2006, was received.
CLOSED SESSION: MOTION by Chairman Tice at 9:48 p.m., to enter into
closed session for the purpose of discussing economic development matters pursuant to
G.S. 143-318.11 (a) (4) and a personnel item pursuant G.S. 143-318.11 (a) (6).
VOTING: Ayes — 5; Nays — 0.
(RETURN TO OPEN SESSION AT 10:19 P.M.)
REVISION TO THE BESTSWEET, INC., ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT: MOTION by Chairman Tice to amend the contract
with BestSweet from $7.8 million to $5.5 million which will change the incentive to
$19,140 a year, or a total of $95,700 over the five-year period.
VOTING: Ayes — 5; Nays — 0.
CALL FOR A PUBLIC HEARING ON APRIL 4, 2006 FOR RILEY
TECHNOLOGIES/deBOTECH: MOTION by Chairman Tice to call for a public
hearing on April 4, 2006 at 7:00 P.M., regarding an incentive grant between $3 million to
$4.5 million for Riley Technologies/deBotech. (Incentive over a five-year period at $3
million will be $52,500 and if the investment is $4.5 million, the incentive will be
$78,300 over a five-year period.)
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: Chairman Tice adjourned the meeting at 10:22 p.m.
(NEXT MEETING: Tuesday, April 4, 2006 at 5:00 p.m. and 7:00 p.m., in the Iredell
County Government Center, 200 South Center Street, Statesville, NC.)
Approval:
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Acting Clerk to the Board