HomeMy WebLinkAboutAugust 7 2007 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
AUGUST 7, 2007
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
August 7, 2007, at 7:00 p.m., in the Iredell County Government Center (Commissioners'
Meeting Room), 200 South Center Street, Statesville, NC.
Board Members Present
Chairman Marvin Norman
Vice Chairman Sara Haire Tice
Steve Johnson
Ken Robertson
Godfrey Williams
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Susan Blumenstein, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Norman
INVOCATION by Commissioner Johnson
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: Planning Director Ron Smith said a rezoning
applicant had requested the withdrawal of the following two cases:
Case No. 0707-3: Applicant Jan Woodside, on behal `'of Owner Tsumas Family Limited
Partnership, Requests to Rezone Parcels from Residential Agricultural to Single -Family
Residential (R-12) Conditional Use District Planned Unit Development (PUD)
(Location: 945 Bell Farm Road, Statesville, NC)
Case No. 0707-4: Applicant Jan Woodside, on behafof Owwer Tsumas Family Limited
Partnership, Requests to Rezone Parcels from Residential Agricultural to Multi -Family
Residential (R -8A) Conditional Use District & Shopping Center (SC) Conditional Use District
(Location: Salisbury Highway & Bell Farm Road in Statesville, NC)
MOTIO by Commissioner Johnson to approve the agenda as requested and to grant
the two rezoning withdrawals.
VOTING: Ayes — 5; Nays — 0.
Note: On case 0707-4, the applicant will have to wait at least six months before re -submitting the request.
APPOINTMENT BEFORE THE BOARD
Dr. Julie Schopps, Director of Access Care for Iredell County (Managed Care
Oversight): Dr. Schopps was scheduled to make a presentation; however, she was unable to
attend the meeting.
PUBLIC HEARINGS
Consideration of an Economic Development Incentive for Carolina Beer & Beverage,
LLC: Economic Developer Melanie O'Connell Underwood said Carolina Beer & Beverage was
considering a $6.5 million expansion, and the new investment would make the company eligible
for a $115,700 economic development incentive.
Corporate Executive Officer Michael Smith said 80 people were currently employed, but at
peak times, this number increased to 120. He said 25 new positions would be created by the
expansion.
No one else chose to speak, and Commissioner Tice made a motio to approve the
economic development incentive of 115,700 (over a five-year period) for Carolina Beer &
Beverage based on the $6.5 million investment.
VOTING: Ayes — 5; Nays — 0.
Consideration of an Economic Development Incentive for the Busch Race Shop:
Economic Developer Melanie O'Connell Underwood said Kyle Busch Racing planned to move its
shop in Concord, NC to the Talbert Business Park in Mooresville. She said the company, that
employed six people, was proposing a $6 million investment which would make it eligible for a
$106,800 economic development incentive.
No one else chose to speak, and Commissioner Robertson made a motion to approve the
economic development incentive of $106,800 (over a five-year period) for the Busch Race Shop
based on the $6 million investment.
VOTING: Ayes — 5; Nays — 0.
Consideration of an Economic Development Incentive for the Rubbermaid Company:
Economic Developer C. Michael Smith said the Rubbermaid Company, a Fortune 500 Company,
planned an investment of up to $40 million at the Statesville Airport. He said 20 new jobs would
be created.
No one else chose to speak, and Commissioner Johnson made a mono to approve the
economic development incentive for the Rubbermaid Company in an amount between $356,000
and $712,000 (over a five-year period) based on an investment in Iredell County of not less than
$20 million and up to $40 million.
VOTING: Ayes — 5; Nays — 0.
Consideration of an Economic Development Incentive for the Amesbury Company:
Economic Developer Mike Smith said Amesbury was planning a $4.5 million expansion that
would create 36 new jobs.
Amesbury Plant Manager Rich Duston said an existing facility in Graham, Texas was being
phased out, and Statesville was in competition with another site in Rochester, New York for the
project.
No one else chose to speak, and Commissioner Tice made a 1111046 to approve the
economic development incentive for the Amesbury Company at $80,100 (over a five-year period)
based on a $4.5 million investment.
VOTING: Ayes — 5; Nays — 0.
Consideration of a 60 -day Suspension of New Telecommunications Tower Reviews and
Approvals Pursuant to NCGS 153A -340(h) & More Specifically within any Area Located
within Ten (10) Miles of the Statesville Regional Airport, Exclusive of the Planning
Jurisdictions of the City of Statesville, Town of Troutman, & Town of Mooresville: Planning
Director Smith said the Statesville Airport Commission had requested the suspension of new
wireless telecommunication towers in order to allow the staff adequate time to amend the Airport
Hazard Overlay Ordinance.
Commissioner Johnson (also the Chairman of the Statesville Airport Commission) said
Bill Maslyk, with the NC Department of Transportation/Division of Aviation, had actually made
the recommendation.
Jim Freeland, a private pilot, mentioned the dangers of having large towers in the airport
area.
No one else desired to speak, and Commissioner Johnson made a Fqmlto adopt the
moratorium ordinance as presented.
VOTING: Ayes — 5; Nays — 0.
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A copy of the ordinance is as follows:
IREDELL COUNTY, NORTH CAROLINA
SUSPENSION OF NEW WIRELESS TELECOMMUNICATION TOWER APPROVALS
ORDINANCE
WHEREAS, Iredell County, as a part of the greater Charlotte region, has experienced rapid
growth in recent years leading to significant increases in the County's population and employment
growth; and
WHEREAS, the Statesville Regional Airport has also experienced changes as a response to this
growth in the form of major expansion in order to meet the growing needs of a larger county population
and airport client base; and
WHEREAS, the Statesville Regional Airport has expanded physically through the addition of
property, for runways, hangars, and related infrastructure; technically through the addition of
sophisticated instrumentation equipment; and in their customer/client base by adding additional long-
term tenants, including the Lowe's airfacility; and
WHEREAS, Iredell County and the City of Statesville have made substantial economic
investments in said improvements through local, state, and federal financial contributions; and
WHEREAS, the Statesville Regional Airport provides a substantial economic benefit to the
citizens of Iredell County in the form of economic development and increased tax base; and
WHEREAS, it is an essential role of local government to protect its vital public resources,
inclusive of the Statesville Regional Airport; and
WHEREAS, Iredell County and the City of Statesville have acted to protect the Statesville
Regional Airport by concurrently, adopting an Airport Hazard Overlay Ordinance in 2004; and
WHEREAS, the State of North Carolina, in the Model Airport Zoning Act, authorized local
governments to adopt regulations designed to protect the health, safety and general welfare of their
citizenry by passage of said ordinance; and
WHEREAS, the County is authorized by North Carolina General Statute 153A-340 to prepare,
adopt, and amend land use related administrative regulations and ordinances, as necessary; and
WHEREAS, the County intends to adopt upon completion of its review process, an updated and
revised Airport Hazard Ordinance; and
WHEREAS, the Airport Hazard Ordinance, in its current form, may not adequately address the
concern,for public protection due to changes in aircraft technology; and
WHEREAS, the County has determined that wireless telecommunications towers within the
Airport Hazard Overlay may have a detrimental effect on public safety; and
WHEREAS, the County has determined that a temporary suspension of the approval of wireless
telecommunication towers within a ten mile radius of the Statesville Regional Airport is necessary during
the period of the temporary suspension; and
WHEREAS, the County Planning Staff, in consultation with City Staff and airport consultants,
will undertake research and prepare the necessary draft revisions to the Airport Hazard Ordinance; and
WHEREAS, the new Airport Hazard Ordinance will better protect and promote the general
welfare of the citizens of Iredell County; and
WHEREAS, North Carolina General Statute 153A-340 (h) requires that the following points be
clearly addressed prior to adopting said temporary suspension:
1. "A clear statement of the problems or conditions necessitating the moratorium and what
courses of action, alternative to a moratorium, were considered by the county and why those
alternative courses of action were not deemed adequate. "
The Statesville Regional Airport has recently undergone major improvements to allow for
precision approach landings on Runway 28 (approach from the east). This necessitated the
amendment of the Iredell County Airport Hazard Ordinance in 2004 to insure the protection of
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the associated approach zone. Some individual aircrafts are now equipped with instruments that
will allow this same type of approach on Runway 10 (approach from the west). Therefore, the
same type of approach zone is needed for that runway. This particular type of approach path is
longer, but at a lesser grade than that currently in effect for the western approach zone.
The County has recently had a request to review a site plan for a wireless communications tower
at the end of Runway 10. This tower- is located within the Airport Hazard Overlay, however it
lies beneath the height threshold and therefore is not affected by that ordinance. However, if the
approach zone is changed to reflect a longer, more gradual approach, this particular tower
location would be close enough in height as to cause concern to some aircraft.
As the Statesville Regional Airport continues to grow, and as the airport contributes to the
economic development, property tax, and employment base of Iredell County, it is necessary to
protect the investments of both the City of Statesville and Iredell County. Therefore, during the
time of the suspension it will be necessary to amend the Iredell County Airport Hazard Ordinance
to address situations such as this.
The adoption of a suspension to postpone the review of new telecommunication tower
applications will allow the County to address the specific problem at hand. There is no other
way to insure during the amendment process that new towers that may have a detrimental effect
on future changes to the westward facing approach zone will be identified and stopped before
they are constructed.
2. `A clear statement of the development approvals subfect to the moratorium and how a
moratorium on those approvals will address the problems or conditions leading to imposition of
the moratorium. "
Site plan approvals for all new wireless telecommunication towers within ten miles of the
Statesville Regional Airport will be affected by this ordinance. These structures are typically the
tallest permitted by the County, and are generally congregated within areas close to the
interstates. The possible extension of the approach zone would include areas around interstate
40. The moratorium will provide the necessary time for the County to research and evaluate
needed changes to the Airport Hazard Ordinance.
3. "An express date for termination of the moratorium and a statement setting forth why that
duration is reasonably necessary to address the problems or conditions leading to imposition of
the moratorium. "
A sixty day period from the date in which the moratorium is adopted will enable the County staff
a sufficient period to consult with the City of Statesville, airport consultants, and the County
Attorney in the drafting of new provisions to address needed changes. The termination of the
moratorium shall be on Friday, October 5, 2007.
4. "A clear statement of the actions, and the schedule for those actions, proposed to be taken by
the county, during the duration of the moratorium to address the problems or conditions leading
to imposition of the moratorium. "
The County will begin working immediately with all parties to amend the Airport Hazard
Ordinance. A new map of the Airport Hazard Overlay will be drafted, and will be taken to the
Board of County Commissioners for review and approval. The sixty day, period will allow the
staff to develop these proposed changes and present this to the Commissioners at a public
hearing while meeting the statutory requirement for notification.
NOW, THEREFORE, be it ordained that the Board of Commissioners of Iredell County, North
Carolina, hereby adopts this Suspension ofNew Wireless Communication Tower Approvals.
Case No. 0703-1: Owner/Applicant Harry Phillip & Louise McLain Along with
Charles Michael & Janet McLain Request to Amend the Iredell County Land Use Plan and
to Rezone a Portion of Property from Single Family Residential (R-20) to Heavy
Manufacturing Conditional Use District (M2 -CUD): Planning Director Ron Smith
summarized the staff report, as follows, for this case:
CASE NO. 0703-I
OWNER: Harry Phillip & Louise McLain Charles Michael & Janet McLain
594 Snow Creek Road 832 Snow Creek Road
Statesville, NC 28625 Statesville, NC 28625
(704) 871-7468
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LOCATION: The property is located at 964 Snow Creek Road, in Statesville,
NC; more specifically identified as PIN# 4729-73-0708. Directions: Take
Wilkesboro Highway north from Statesville; turn right on to Snow Creek Road,
property is approximately 1 mile on left.
REQUESTED ACTION: Rezone a portion of subject parcel from R-20,
Residential to M2 -CUD, Heavy Manufacturing Conditional Use District and
amend the Iredell County Land Use Plan.
+ Use limited to bio -diesel manufacturing.
• Commercial truck deliveries limited from 7am-7pm Monday thru
Saturday.
• No animal rendering shall take place on the property.
d. A fire extinguishing system, approved by the Iredell County Fire Marshal's
office, shall be required.
• All outside storage tanks and loading facilities shall be located at least 100' from
any residence.
• Dikes shall be required, and must meet the requirements of SR 42. E. of the
Iredell County Zoning Ordinance.
+ Tank maintenance must meet the requirements of SR 42. F.
d. The gravel driveway shall be located in accordance with the requirements of
NCDOT and will be moved to the west from its current location.
d. A chain link fence, with screening that meets the requirements of the Zoning
Ordinance shall be provided between this property and that located directly to the
east.
4 A 30 foot, undisturbed buffer, must be maintained between this property and
adjacent residential properties.
4. All applicable approvals must be obtained before commencing operation, the
agencies that must be consulted include, but are not limited to, the following:
Iredell County Fire Marshall, Iredell County Inspections, NCDENR, EPA, and
NCDOT.
PROPOSED USE: Bio -diesel fuels manufacturing.
SIZE: 7.88 acres.
EXISTING LAND USE: Farm with crop cultivation.
SURROUNDING LAND USE: Residential uses are located along Snow Creek
Road to east and west of site, farmland adjoins property along east, west and
north.
WATERSHED REGULATIONS: The subject parcel is located within the South
Yadkin Protected Area.
TRAFFIC: This section of Snow Creek Road had an average of 670 vehicles per
day in 2005.
ZONING HISTORY: The subject parcel has been zoned R-20 since 1998 when a
large non -owner petition was brought before the County and subsequently
approved. The area was previously zoned Residential Agricultural when
countywide zoning took effect in 1990. The surrounding area is largely rural
farmland with scattered housing, although suburban styled housing patterns are
encroaching into this area.
STAFF COMMENTS: The Iredell County Land Use Plan identifies this area as
suitable for future residential development. This entire area is zoned either R-20
or RA.
As property becomes more expensive, local farmers are examining options to
sustain their way of life. This proposal is an extension of the McLain's large
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farming operation. Staff feels it is important to slow the conversion of farmland
to residential suburban development and supports the use of existing agricultural
resources of Iredell County to provide a more direct market for farm -related
products. However, in this situation the potential for problems exists. This
operation, in the opinion of the staff, is located too close to adjacent residences.
The types of materials that will be utilized and/or produced on the property are
potentially hazardous, and are not generally found in or within close proximity to
residential areas. The potential for fire or other hazards is also increased due to
the type of facility we are reviewing.
With the right restrictions (including a setback of at least 500 feet from
residentially zoned property) this type of facility could be located in a rural area.
However, because of the geographical location of this proposal, the staff feels that
the potential risks are too high, with relatively few conditions. If the proposed
facility were located in an area that was not in close proximity to houses, it would
pose less potential hazards and would therefore be looked upon more favorably.
PLANNING BOARD ACTION: On March 7, 2007 the Planning Board voted
10-0 to recommend approval for both the Land Use Plan amendment and the
rezoning request.
SPEAKERS
Phil McLain (owner/applicant): My name is Phil McLain. This is a joint venture. This is a family project that
our family is putting together. I'm in partnership with my brother, Mike, who is behind me, and my son, Phillip.
I have some things here that I'd like to submit to the board If its okay. It gives some background and some
information. Would it be all right to submit those to you at this time?
Attorney Pope: We do not know what it is.
Phil McLain: It is a package of information that tells about the people who are going to give testimony. It is
also about the process ...... there's a schematics in here ............ there's information ....... there's tank quantities.
Its gives what types of chemicals are being used. Its just everything about it that we could think of to
assemble for you to peruse as we are talking about things tonight.
Attorney Pope. Are you prepared to identify each document in there to verify the contents?
McLain: Sure.
Attorney Pope: All right. When you've done that we will consider that.
McLain: Okay. Can I present these naw?
Attorney Pope: Yes.
(Materials are distributed.)
Phil McLain: Mr_ Chairman. May I have a clarification please? About giving testimony. I have subject matter
experts here tonight and they can give testimony. I was going to introduce them as I did my 15 -minute thing,
but since I have 5 minutes now, should I introduce them and let them take their two to three minutes? And
then me continue after that or how would you want me to proceed?
(Chairman Norman conferred with Commissioner Robertson, the timekeeper.)
Commissioner Robertson: I thought we were waiting for them to start_
Chairman Norman: Okay. We'll go ahead. I don't have a problem as long as they realize they have three
minutes each.
Phil McLain: Its going to make it harder for you to keep up with my minutes, but I'll be glad to do it any way
that you want me to.
Chairman Norman: They'll have three - you've got five (minutes).
Phil McLain: Well again, ladies andgent/emen of the board I'm so happy to be here tonight....... finally. I
think we can all agree, herein the room tonight, is that we'll all be glad when this is over. There's been a lot of
speculation, and there's been a lot of interesting facts going around And I'm glad that we were sworn -in
tonight. Because everything that I'm going to offer you tonight is going to be right much different from what
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we've read in the papers and what people are saying. And what I'm going to give you are the facts and you don't
have to believe me. You can believe the subject matter experts that we have here_ Their resumes are in there
so that you can see that they've got over 30 years of experience. And so what I'm talking about tonight is not
conjecture atoll. It is all known quantities. One of the members in the community told me that we simp/y do
not know what's _going to happen with this. Well, we do. Its already being done in adjoining counties. I also
have a subject matter expert here tonight. His name is Randy Dellinger, and he owns a facility in Caldwell
County. He will have an opportunity to come up. We also have someone here from DENR ...... Patrick Grogan,
who will talk about issues of the permits that we'll have to do, and everything like that. So, I'm just going to
address the things that I need to address and let them address all safety issues, dyking, things like that ...
matters about chemical questions and so on. Some of the things that I need to talk about is why ...... first of all
... I... I think the question has been asked. Well its been said it doesn't belong there. Its the first one I want
to respond to. This is an agricultural situation. On this very farm, my grandfather owned this farm, and he had
a cotton gin. And he also had an alfalfa dehydration plant. They were doing value added a long time ago. We
are really just following in principle the things we've always done in Iredell County. And we're just continuing
that. The difference is back then, they didn't have the requirements that we have now and so we have to follow
those. But, these are products ....... its not going to be any bigger than six million gallons. We've talked about
20 million in the paper and in other places, but its not 20 million gallons. Its six million. Thais the most my
plant can produce ..... our plant and the experts here will testify to that. If we do that, then that keeps things
down to a much smaller level. In the beginning we may not use anymore than what we can produce on our own
farm. Probably at least half of what we'll use on the start will come from our crops. This will directly benefit
us to bring a product to the market that will give us more value and agriculture. We in agriculture have worked
hard for years to try to get closer to the consumer. We've been encouraged to do this by the federal
government, and its being done allover the land. Its done everywhere. And we're just trying to follow suit.
The benefits, economically, to the community will be fantastic. Its not just going to benefit us, its going to
benefit our neighbors. Our neighbors who are farmers that grow crops, if they grow soybeans and sell them to
our processing plant they'll gain 50 cents a bushel by not having to take them to Raleigh_ If they buy the
soybean mill or conola mill they don't have to drive all the way to Raleigh to pick up that mill. So, dairy farmers
andpoultry farmers can save as much as $12 a ton. So, that money all remains in Iredell County, and if there
are any profits that come from this project, and I'll be honest with you, I don't know if this is going to be a
profitable business. The reason that we've gotten into it is because we are concerned about the future. Are
we going to run into a crisis in the future, where we have a disruption in our fuel chain_ And we've seen that
already just from a hurricane in New Orleans. I do think this is going to happen more and more in the future.
This country is not very loved in the world, and our Achilles heel is petroleum. They've got us over a barrel, so
to speak. I think someday we're going to see some real problems because of that. If we have a biodiesel
facility in Iredell County, and those disruptions occur, then there's an opportunity for us to be able to continue
because we're producing biodiesel at that facility. So, its a security issue more than its a profit issue, and
that's why our family wanted to get into it. And everybody in the community, if there's a problem like that, we
would be glad to help our neighbors out if theygot into a crunch like that So that's one of the other reasons_
Another big issue that comes up is truck traffic. We're going to add 26 trucks to the road if we go completely
to 6 million gallons ..... that includes the processing part, and the biodiesel part. Twenty-six loads means 13
coming in and 13 going out. And there's just less than 700 already now so thats not a big issue. Some of the
other issues we need to talk about are the safety issues.
Bryan Leach (opponent) (Shared PowerPoint slides as he spoke.) I live adjacent to the proposed location on
Snow Creek for the biodiesel plant, and yes, I'm against it I would just like to show some slides here on where
we live and make some comments on what Mr. McLain has stated. This is Snow Creek Road, and I'm just trying
to figure out what part of M-2 fits into R-20. I really don't think that heavy manufacturing district should go
into a single family residential district that we have as a community out there. I don't know if you're familiar
with Snow Creek but here's an aerial photo of what Snow Creek looks like now. The arrow is the proposed
location for it to go there_ This is the industrial park in Statesville. This is where I think it should be with the
rest of industry. Its abetter fit there, the fire department is better to handle it there. The truck traffic is
already there. The roads are therefor everything. Mr. McLain is stating that they can produce 6 millions. I
figured at 3,744,000 gallons that it would take 936 tractor trailer loads. Thais 18 trucks a week. I can'tgive
you hard statistics coming in and out because I don't know his by-products coming in. Don't know where its
going to go, whose going to get it. If its farmers coming to get it, but I can tell you the traffic on Snow Creek
Road is going to go up at least 40 to 60%. I see a number of trucks now, but the number of trucks to be added
will be greatly increased. This is a picture of the plant that's there now that came out of the newspaper. The
entrance in the proposed location right now that they have is the entrance driveway on the top of the hill
beside my driveway on Snow Creek Road. But before you get there, there is a blind curve to the entrance that
you can't see at all. You come around that curve and you have less than 290 feet before you get to my
driveway. This is the driveway for the location. The entrance now .......... there's the proposed location at 100
feet away from the existing entrance. In this next picture, it will show you all three driveways. Mine is the
956 Snow Creek driveway. The McLain farm entrance now is directly beside mine or 2700 feet away, and the
proposed entrance is 100 feet away_ This is coming from the other direction on Snow Creek. You can't even see
the proposed location for the driveway. Would you like your child waiting on a bus in all that traffic? This is
my son standing beside the road. This will be a school bus stop for my kid to go to school and all this diesel fuel
and methane coming by everyday. This is the Bridges'residence which is the neighbor in the curve. This is
what their view is from their front yard from Snow Creek Road to show a proximity to where the plant would
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be. This is from my house. It is 291 feet to the building of the proposed location. This is the distance
between my driveway and the existing driveway that's there. It is 90 feet from my outbuilding to the facility
now. From my guest house, where my mother-in-law lives, it is 182 feet from her front door. It is 192 feet
from the driveway to her front door. A special -use permit, on item #4, says 'The special use will not
substantially injure the value of adjoining or abutting property or that the use is a public necessity.' You think
with a diesel fuel plant in my backyard that I'm going to be able to sell my house for its appraised value?
There's the appraisal right there. My house is appraised at $220,000. If this plant were to go in, do you think
I could sell it for that? We moved there to be in the country -- not an industrial park. These are just some
pictures to show you what Snow Creek Road looks like from one end to the other. They (structures) are all
houses on Snow Creek Road I don't see a single manufacturing facility on Snow Creek Road. Also, we have a
pond across the street. (Inaudible part) runoff to eventually windup in the Catawba River --eventually.
There's the sign for the school bus stop ahead but after you go over the hill you couldn't even seethe bus over
there. Thais just the proposed location. There's the building the equipment is in. And there's the McLain
(home). Would they like it beside their house?
Jay M. Railey (on behalf of McLain family): I am a registered professional engineer in the State of North
Carolina, and the owner of an engineering company that specializes in process engineering of these types of
facilities. The facility will use various materials as outlined in your packet. The material safety data
information is enclosed I can assure the county commissioners that these types of facilities are designed to
intrinsically safe conditions as dictated by the National Fire Prevention Association and National Electrical
Code. There will be several construction permits required to do anything like this and as a part of the normal
approval process your local fire marshal and local building inspection office will have final interpretation of any
such regulations. We've designed these types of operations to national guidelines. Final approval is local
building inspection dictated.
Patrick Grogan (on behalf of McLain family) I'm Patrick brogan and I'm a representative of the North
Carolina Department of Environment and Natural Resources. I'm a one-stop permit coordinator. I've been
working with Mr. McLain since the spring on all environmental permits that will be needed Based on the
calculations from his consultant engineers he will be below the minimum requirements for the air quality permits
for the state. You do not need an air quality permit until you get over five tons of pollutants and he is well
below that All the tanks will be required to have spill prevention counter control measures which is the dykes
that you are hearing about which will contain the volume of that tank if it were completely full and had a
complete eruption .......... which all of the liquid would spill out. They are required to have that containment.
We've gone through all the other environmental permits through the state, and as I'm getting new information,
if permits will come up, he will be required and regulated through the state to get those before production has
started
Randy Dellinger (on behalf of McLain family): My name is Randy Dellinger. It is a pleasure to be here_ I am
a managing partner in Foothills Bio -Energies, which is a biodiese/ production facility in Caldwell County. I'm
here to speak tonight about the esthetics of a biodiese/ production facility. In terms of a chemical processing
facility, it falls fairly low on a totem pole in terms of hazardous materials and so forth. So if its constructed
within the electrical, and fire marshal codes and so forth, they are fairly benign plants to operate and maintain.
There are some concerns. He is working with a very good engineering and design firm, and I'm sure that they'll
take all those things in consideration. My doors are open for any of you guys to come visit and get a tour of our
plant I have another engagement that I have to be at shortly tonight, but feel free to contact me_ My
contact information is available in the packet or through Phil. I know the gentlemen, or the design firm working
with Phil, and I can speak highly to their credentials.
Bill Pitt (opponent): My wife and I own the land directly across Snow Creek Road from the proposed rezoning
site, and I certainly appreciate the opportunity to appear before you and make the case for not approving the
zoning change from R-20 to conditional use heavy manufacturing. It must be said that renewable fuels in
general need to be a part of our country's future energy plans and biodiese/ fuel should be a part of that
future. But the materials and processes used in the production of biodiese/ and the waste products generated
as a result of the biodiese/ reaction makes the proposed site unsuitable. The process itself is called
transesterification, and in its rendered animal fat or soy or canola oil is mixed with an alcohol, typically
methanol in the presence of a catalyst, typically lye, or potassium hydroxide. The mixture is heated to
approximately 140 degrees and stirred for two hours. A chemical reaction takes place producing glycerin and
biodiese/ After the chemical reaction, the biodiese/ is submitted to a wash step in which water in the amount
of 50 to 100% of the biodiese/ volume is added, gently agitated, then the mixture is allowed to settle ..... so it
can separate from the fuel taking left over methanol and lye with it. The intended volumes of the petitioner's
plant at six million gallons per annum would require roughly 24,000gallons per day output on a 250 day working
year and approximately 2800gallons of methanol and approximately 240 gallons of lye input. If lye is the
catalyst, 50% more methanol then the formula rate calls for is used to achieve a high rate of conversion of the
oil to biodiese/ If potassium hydroxide is used as the catalyst, 100% more methanol is used Any of these
capacities will require tanker truck loads and lots of methanol, multiple drum load deliveries of lye or potassium
hydroxide and safe storage of them as well as suitable and substantial storage capabilities for in -processed
biodiese/, finished biodiese/, biodiese/ wash water, and glycerin. While you consider the challenges of safely
transporting, storing and handling these volumes of materials at this site, and specially, in view of the fact that
i
it is in an important watershed for Iredell County, lets look a little bit at the outputs of this process. At a run
rate of 6 million gallons per annum, approximately 12 million lbs. of glycerin and 3 to 6 million gallons of wash
water will be generated and will need to be stored. These products, especially, the glycerin will be laced with
lye and methanol. Now are these materials and these volumes going to be dealt with safely? What do the
storage facilities look like? Are they appropriate for volatiles ... like methanol, or caustics ... like lye.
Steve Ward (opponent): I live on Wilkesboro Highway about a half to three quarters -a -mile from the
proposed plant. I have lived in this area since 1979. Most of you know me, but for the ones that don't, I am a
retired North Carolina State Trooper. I retired with 30 years of trained experience in traffic and accident
investigation. I have been certified in court cases as an expert. The road width in this area, where the
proposed site is going to be, is 8'6 "and this is a one -travel lane. The shoulders range from 3 to 5 feet. There
is an average of 920 vehicles traveling the road a day. The last traffic count on this road was done in 2005.
There are five school bus routes on Snow Creek Road. School buses will be traveling this road in the morning
and afternoon. There are school bus stops near the prepared site. When school takes in, the risk of accidents
increases tremendously because of the school traffic which includes parents taking children to school in the
morning, and in the afternoon. School buses also travel this road with numerous inexperienced drivers of school
age. By adding more truck traffic, the risk of accidents increases. If this site goes into full operation, there
will be as many as 20 trucks a day entering this site. Going east on (inaudible) road is a distance first
(inaudible) out of the curve on the proposed driveway is approximately three -hundred feet. If an automobile
driver traveling on Snow Creek Road at 55 mph sees a hazard it takes them 255 feet to stop. This is called a
panic stop. A vehicle traveling 55 mph is crossing 80 feet a minute per second. Two vehicles going in opposite
directions will cover 160 feet per second. A school bus traveling at 45 mph is traveling 66 feet per second and
if it were an automobile it would take 189 feet to stop. Trucks traveling this road going to the site and hauling
animal waste, for grease, will most likely be spilling liquid on the road, especially near the driveway......... are
required to cover ............. the trucks are required to cover the road but you can't keep the smell under the
cover_ If a truck wrecks, the spill is multiplied. I have been on these wrecks. I know the smell. It is
multiplied twice if it is on the ground, and the cleanup time takes longer. There have been numerous accidents
on Snow Creek Road, and at least two fatalities, at or near, where the proposed driveway is to be.
Jerry Mishoe (opponent): I, and my wife Becky, live at 1044 Snow Creek Road. Our property does join the
McLain property. Our upper property line is approximately 500 feet from where the proposed biodiesel site
will be. At any particular time, if you look out of my family room, our kitchen, our side yard, we have direct view
to this site_ We have a view of where the proposed truck entrance will be and where the present one is_ I
would like to enter into evidence, if I may, my credentials and I will tell you what they are ........ I take issue
with what is safe and what is not safe. I am certified by the North Carolina Department of Labor as a
certified MSHA instructor. That is Mine Safety Health Administration. I am certified by TIA (Tire Institute
of America) in explosions of contained vessels. I'm safety director for a service facility and a trucking division.
I'm here tonight not in opposition to a biodiesel facility, but in opposition to rezoning R-20 land to M-2. These
two zoning requirements are at opposite ends of the spectrum. We are 100% for the greening of America. We
are for biodiesel. We are for renewable fuel sources, but only in an approved M-2 industrial site. And I think
these M-2 industrial sites were approved by the commission here and are in the Iredell County Land Use Plan.
There was some talk about the opposition a little earlier when the McLain family, who are friends of mine, and
are neighbors of mine -- when the Lowes Corporation was coming to northern Iredell County, Phil led the
opposition against Lowes Corporation in trying to combat the M-1 zoning. That was an industrial facility.
Inadvertently, it was approved Mike led the charge in the R-20 zoning which was passed at much displeasure
to the Snow Creek community. I don't understand, once we have the zoning in place, why it needs to be changed
again. As you saw from the slides, this is a residential community. There will be no benefit for myself, or the
property owners there, we will have to subsidize their operation with decreased value of our property. I have
grave concerns for our safety. The safety of our livestock, the safety of our land, and the safety of our water
supply. There are three basic chemicals involved in the biodiesel production_ They alluded to the MSDS
(inaudible).T presented to you copies of the MSDS sheets. I take direct opposition as a person with some
expertise in these fields in discussing these chemicals with you. Sodium hydroxide, methanol-- methanol is o
highly flammable gas.
Raymond Odom (on behalf of McLain family): I went to school in the great state of Louisiana. I'm a
chemical engineer with over 30 years experience in this business. I've worked alternate fuels in California
trying to make ethanol from sugar beets. I've dealt with methanol over 1005 of thousands of gallons stored
(inaudible) with the Borden Chemical Company. It is highly protected by dykes and by fire protection systems.
I take offense (inaudible) methane in this process. Methane is agas, and there's no methane in this process.
Its preferred catalyst is sodium methoxide - not caustic anymore because (inaudible) actually water. There's no
wash water in this process. If you see the process flow diagram, it shows an exchange system. There's a lot of
processes out there that use wash water to purify the biodiesel. Mr. McLain will not do that. We will give him
a system that will have no wash water anywhere in the system. The only water he will have is water from his
cooling system when his vacuum pumps ...... which has to be a pump and haul permit, if he prefers to do it that
way. I've been doing this an awful long time and I'll answer any questions. There is value added to this. Also,
the methanol is also not a gas, its a liquid
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Mike McLain (owner applicant): I thank you for this forum to express our views. I am a fourth generation
farmer_ My home is on the farm we are proposing to rezone. My wife, Janet, and I, have two five-year- old
kids. We have a vested interest in this community just like our neighbors. Our well is 400 feet deep, and we
use the same water our neighbors use. The prevailing wind blows from west to east. The proposed site is west
of us. We smell the same odors from the west --just like our neighbors. Our proposed facility will not
contaminate our water or the air we breathe. I'm certain my family and neighbors will be totally safe from this
venture. There area few things that have come up with the 500 ft setback. We will agree to the 500 foot
setback and move this facility up the hill to accommodate our neighbors. Also, we will move the driveway from
its present location and move it further west. One comment I have about truck traffic. Yesterday we were
harvesting corn silage and we chopped 85 truck loads. Each truck load went on Snow Creek Road and most of it
was hauled after everybody hadgone to work. I don't it -- if everybody saw those trucks. I'm sure they
probably saw some before they went to work, and they saw some when they got home. But, each load that got
on the road was off of the road, before the next one got back on. So there is plenty of time between trucks,
and thats 85 trucks in one day.
Janet Hall (proponent): I live on the Snow Creek Road. I lived in town before marrying and moving to the
farm. Residing among those who make their living by farming gives one a newfound respect for agriculture and
how much we depend on these individuals. I quickly realized that farming is a high-risk occupation. Most people
do not have their income based on the weather - working more than 12 hours a day, with no overtime, or
weekends off. Farmers do not have aguaranteed paycheck with benefits. People who move to the country
sometimes think that it is all quiet with birds and wildlife that abound. We need to remember, when we move to
the country, it is not a country club, a residential development, or a hunting preserve. Farming is a business
that provides our food and raw materials for consumer goods. All of this takes machinery, and most of all, we
need to remember the farmers were in the country before anyone decided to move to the country for the
quote unquote 600d Life. The biodiesel production proposed is being done by a farmer family that has been
good neighbors and stewards of the land for the past 26 years that I have lived there. Agri -business must
keep up with the times by implementing new ideas. If farmers do not find ways to make a profit, the land
becomes too expensive and usually the next things you see growing are housing developments. Biodiesel has
been developed to expand the use of agriculture products as an environmentally safe method of alternative
fuels. I applaud the McLain family for forward thinking to keep farming one of the leading industries in Iredell
County. In keeping with the slogan of Iredell being the Crossroads of the Future, I encourage the
commissioners to support sustainable agriculture in Iredell County.
Randy Bridges (opponent): Ilive at 991 Snow Creek Road with my wife. You have heard many of the reasons
why my neighbors and I believe that this biodiesel refinery should be located in an industrial park. Let me
reiterate that the issue that you will be deciding tonight is not the merits of biodiesel. The true issue is simply
whether the proposed site is appropriate and whether its location will, in the words of the conditional use
zoning ordinance, materially endanger the public health or safety if located where proposed, and that the
location and character will be in harmony with the area in which it is to be located.' As to the character of our
geographic area, an area lying between Highway 901 to the north, and Sullivan Farm Road and Fort Dobbs Road
to the south, and lying between Highway 115 to the west and Jennings Road and Highway 21 to the east, there
are 39,000 plus acres, and there are only 129 acres zoned for any type of commercial use within that boundary.
I would like to introduce the zoning map as evidence to that. Our neighborhood has been stable. In fact
according to the Iredell County Building permit records, for the last 10 years there have been 25 building
permits. One was a modular home that replaced a dwelling that was torn down. There were many decks and
remodels. There were no net increases in dwellings on Snow Creek Road in the last 10 years. I have a copy of a
report prepared by Steve Warren to that effect that I would like to introduce. How can the petitioners ask
the Leaches, the Pitts, the Mishoes, the Wards, the Reavises, the Bridges, and all the other farm families to
subsidize the cost of the refinery by plummeting property values and increased insurance rates due to the
proximity of an industrial site. I also would like to introduce the disclosure form required at the sale of a
residential property by North Carolina 6eneral Statute 47(e) that requires you to disclose commercial or
industrial use. It says, noise, odor, smoke, etc. affecting the property.' Of critical importance to all citizens
of Iredell County is in that approval of this petition will set a legal precedent of industrial sites in residential
communities. On what grounds then will the commissioners be able to deny future petitions for heavy industry
in any other residential neighborhood
Juanita Bridges (opponent): I'm Juanita Bridges, the wife to Randy. You know, the other evening we were out
on our patio, and we've lived on Snow Creek Road for 30 years. Its our home --its a good home. We've raised
two fine sons there, and our grandchildren visit and play in our yard almost every week. Its o magical place to
live with all the stars twinkling and a full moon. We have a little frog pond that's right outside, and the bugs
flit around it. We listen to cicadas and their music. How lucky can we be? But overshadowing this idyllic
setting was the thought that this maybe our last year to enjoy our little piece of heaven. We feel safe in our
own home and comfortable with our grandkids playing in the yard. Why? Because we've read all these reports
of explosions of biodiesel plants, of raging fires that fire departments are not equipped to control, and the
evacuations of surrounding homes. We've researched the respiratory problems caused by exposure to even
minute quantities of dust from the sodium hydroxide used in the process. We've read of the necessity of full
biohazard suits, gloves, and respirators when handling these chemicals. We dread the tanker trucks coming in
and out at all hours of the day to transfer the methanol and caustic chemicals from truck to tank and tank to
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the truck. We've watched the runoff from the thunderstorms thrust down from the field from this site, under
the culvert, and it blows across our yard just inches from our well. If the plant goes across in our front yard,
we are not going to be able to live there. We do not know how long it will take to sell our home, nor do we know
how many tens of thousands of dollars that we may lose to sell it. Perhaps someday, our home will become an
office for an industrial park. I don't know, but I do know this, I love my family. I love my neighbors and I truly
care about my home. I truly care about our community and Iredell County. I trust and pray that you do too. If
you do, I'm confident that you will preserve this little part and parcel of what makes Iredell County great. This
is the very heart and soul of the Snow Creek Road community.
Harry Watt (opponent): I live in the Trinity Fire Department area, a few miles south of the Snow Creek Road.
I work in the wood products industry and a lot of factories. We use things like methanol in our finishes. What
I would like to talk about today is fire issues and fire hazards. For ten years, I was a fireman at Trinity
Volunteer Fire Department, and I put out a lot of fires. In a rural area like the Trinity fire district, we have
trucks that may produce — we can pump say 1500 gallons a minute through one of our trucks, but we always had
difficulty trying to feed water to them. In this particular location on Snow Creek Road, as I understand it,
there's hydrants on Snow Creek Church Road that will produce 900 gallons a minute. And that will feed
sprinkler systems unless they are overloaded, but it won't feed but one fire truck. I was at the site 25 years
ago when we had a big silo fire in one of the silos and even though we had 20 trucks there, its sometimes
inadequate for what actually happens, and things get out of hand quickly. I do want to present as evidence --
herein Statesville we did have a biodiesel plant that caught on fire in 2006. It was not in somebody's back
yard It was in a 10,000 square foot building. So these things can have fire hazards and I'd like to present this
to the board. Also, I'd like to present just a few cases of some biodiesel plants burning, and they do burn. If
you'll remember in the last two years here in North Carolina, we had serious fires at Morganton and Apex,
North Carolina. These caused huge problems. The whole plants burned There were explosions. The whole
success depends on maintenance and quality control. Even though I came from a farm background, farming and
chemical processing is not the same thing. Chemical processing is quality control, engineering, and consistent
attention to detail. Farming is a lot of, get her done, move fast, keep moving, get it close, and an industrial site
in a residential area -- I don't think is appropriate.
Nelson Riddle (advocate): My family and I run a dairy -probably less than a half -a -mile from this proposed
site. When I first heard about the biodiesel, I had just read an article about the dairy farmers being able to
benefit from the biodiesel plant as far as using the by-products such as the soybean mill type product to feed
to their caws. Right now, I'm getting about two hours away of having to pay to haul it in. So that was a plus
for me as for as using a product like that to feed the livestock I think it will be good for the farming
community in general. As Phil mentioned a while ago, the buying and selling markets that I could buy it locally
-- some of the by-products to feed to the cows. It also provides a selling market for the people selling the
soybeans, the canola, and sunflower and all that stuff. Another thing I wanted to talk about is environmental
regulations that they'll have to adhere to. I can attest to that — back when hog lagoons down east and cattle
placesgot hit too. We have gone through a lot environmental regulations, things we have to deal with, things
we have to keep in code ........ regulations and inspections both. We get inspected state, federal for cow
manure -- we get inspected for milk quality -- just milk producing. Trust me, these inspectors -- they are going
to be picky because they like their jobs, and they want to keep their jobs. They are real strict people on what
they do. In the final, I want to say we've worked with the McLain for several years now, and I've found them
to very good operators, very professional in how they do business. They basically run a first class organization.
Thats my experience I've found with them.
Chris Cartner (proponent): I live at 2436 Old Mocksville Road, and my business is Country Boy Landscaping
Inc., located at 429 Old Mocksville Road I come here tonight to ask your support for the environment, small
business, and agriculture by allowing the construction of the biodiesel facility on Snow Creek Road. I
understand through personal experience, through my Old Mocksville Road facility of the importance of proper
zoning and a separation of business and residential areas. However, I believe the applicants' current
stewardship of the land along with their current investment of personal residents adjacent to the proposed
facility bear evidence to the relatively low impact on residential and agricultural properties of the proposed
facility. The proposed facility will increase overall environmental stewardship and provide economic
opportunity for Iredell County. With your approval, Iredell County can take another step forward in leading
North Carolina's changing agri-business landscape. The consequences of approval are enhanced environmental
stewardship and economic prosperity. I urge you to support this endeavor.
Dale Brown (proponent): I, too, am a fourth generation farm owner out in that Central community. I knew
their grandfather, J Hugh and father, Harry. I've known these guys ... this family has set a standard for
agriculture way beyond what we've seen in this county before and the integrity is there. I honestly believe
with them living there ... with their attempt to provide a market which is so needed in this community. I know
mygrandfather operated a water wheel mill on the river down there which was a market for the grain and the
wheat to make flour and so on. This market for the agriculture community is so needed We have a cattle
market over there that provides a source for farmers to sell their cattle. We need a market like this to
provide a resource locally for grain instead of taking a discount to ship it elsewhere. With this restricted size
that he is taking on -- its certainly controllable. I think someone made the comment that he's going to be
dealing with chemicals and so on -- well those guys are dealing with more chemicals everyday then most anyone
around here. And you look at the fields they cultivate. They're beautifully done. They do everything in a
first-class manner. I just want to endorse them. They are hereto stay. They didn't just arrive yesterday to
try and push something over onus. Look at tobacco farmers. They are closing down. They are needing other
things to do. This will provide another resource that we did not have before for these people to move to. I
appreciate what they're trying to do.
Lorraine Watt (opponent): I'm a land owner in the area. I'm very much for alternative fuels_ I think there's a
need, and Iredell County should be involved in this. My concern is -- think about it -- it requires all these
permits --special tanks, special ditches, special safety systems. This implies that there's some inherent
safety issues with a biodiesel plant and because of this, I think the appropriate place for this type of plant is
not in a residential area but in an industrial park. Iredell County has industrial parks. I think this is where this
plant shouldgo. As a resident of the area -- I don't have children, but I'm very concerned about truck traffic.
I'm concerned with the school buses. They said trucks would travel from 7a.m. to 7p.m., that involves all the
time the school buses are on those roads. North Iredell High School is in the area_ All the teenagers who are
learning to drive. There's a lot that travel on Snow Creek. I'm concerned about that. Personally, I'm a bicycle
rider. I love north Iredell. Iget to go out and ride my bike. I ride that on Snow Creek. I don't want to come
around a curve and see one of those tanker trucks so I'm concerned -- not just for myself but for other
bicyclers -- other drivers. I'm very much for this plant but not in the residential area. I think we can find
another place to put it.
Becky Mishoe (opponent): I live next to the site. We've heard some experts testify that the dangers are
fairly benign. Fairly benign doesn't reassure me. Fairly benign shouldn't reassure anyone. The question is: Do
we take a chance? Do we take a chance with our children? All of our lives we've had fatalities on our road. I
echo the sentiments of Ms. Watt who said she's for the biodiesel fuel plant. I just haven't heard, other than
monetary reasons, why we have to have it on our road. Why we should?
Jim Freeland (opponent): I've got some newspapers here that talk about how dangerous biodiesel is.
(inaudible) two pages of that. Plant fire in Idaho proves deadly - biodiesel. Domestic production of biodiesel
health and safety warning. The Newell Energy Group says (inaudible). What I want to know is -- last count I
heard. I'm a member and owner operator (inaudible) out of Oak 6rove, Missouri, and according to that
organization its taking a dollargallon subsidy from the U.S. government to make these things break even. So
that's going to get into my pocket through my taxes. If this thing won't carry itself, why do we need it?
Ronnie Wooten (proponent): Ilive at 406 North Chipley Ford Road which is approximately two miles from the
site we're discussing tonight. I am in favor of granting this petition to the McLain. I know we've heard a lot
of things here tonight, and I think that on each side we could probably refute and rebut each one back and
forth all night long. One thing that's for sure is that myself and everybody sitting inhere just about are
neighbors and we're going to be neighbors after the vote. But, the thing that comes down to me making a
decision on which side of the room I was sitting on was trust. Mr. Brown, who spoke earlier, alluded to the fact
that the type of operation that the McLain run and I think we have to look back at the history of their farm
and see what type of job they've done with their farm. Will they continue that in their new endeavor? I think
they will. I know they will. Do we trust them that they'll stay in compliance? Do we trust them that they'll run
a safe operation. I know that we can because they are people of integrity as you've heard several people
tonight allude to. Living within a mile of Phil and Louise and Mike and Tanet for the past 30 years, I can tell
you that on serving on committees with them, and being neighbors with them, that what they say, they will do.
They wouldn't have brought you facts tonight that are not true. They wouldn't have brought you facts tonight
that are maybe(s). If you look at the operation that they run as described in the Record and Landmark and our
other weekly paper herein Statesville, you'll see that they do an outstanding jab in what they do. They know
their facts and they're prepared when they go into business. So, its with no reservations tonight that I come
to you, each of you, and ask you that you support their rezoning request and hope that you'll take that in
consideration of your decision.
Sam Dobson (advocate): I'm a representative of Dobson Farms and also the Snow Creek community. Over
200 years ago, I know my family showed up in the Snow Creek community to establish a vision. Establish a
vision for their families, to provide a place to live and have a farm. To grow families, educate their children,
andgrow a community -- build a church. After hearing the testimonies of all the people tonight, I think the
vision of the mission is accomplished It was kind of ironic, I was coming home from Washington, D.C, after
listening to congressmen talking about alternative fuels and the future of agriculture with words like direct
marketing, niche, organic biotechnology, biopharmaceuticals, bio fuels. When I came I opened the Statesville
Record & Landmark only to see the McLain Farms' proposal for the biodiesel facility. I was very excited to see
the farmers in our community were being proactive in advancing in technology in securing the future of
agriculture and our homes. However, as time went by, I heard the concerns of the community as we're hearing
tonight. People that meant something tome as I grew up in the Snow Creek Church. People that I call friends
and family So I wanted to look into this situation further, myself, to make sure the neighbors that I've loved
all my life were taken care off. After meeting with Phil McLain, at the proposed site, and understanding that
they were willing to move the facility back to the top of the hill, I was 100% convinced that this site would be
safe for our children, ourgrandchildren, and the future to came. The McLain have always done a wonderful
job as you've heard the testimony tonight of going into things planned, and this is no different. As far as the
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changing of agriculture --its something we'll have to change. We've changed with the development that we've
seen allover the communities. We deal with it everyday with increased traffic and things of that sort. I won't
sit here and say that there will not bean accident. I won't sit here and say there won't be something that will
happen in the future of my lifetime, because if I could tell the future in that way, I'd get paid a lot more
money then I get now. I can assure you of that. But, I will say this, that if the communities are willing to work
together and adjust to this change .... agriculture is changing, and we have to adjust to this change and we have
to meet these needs to secure this beautiful rural landscape that we've enjoyed for generations. If our farm
families are not allowed to adjust to these concerns, and these needs, and these markets, then you're going to
see a lot more zoning problems then you're seeing tonight. I'm heavily for the proposed site and I'm sorry that
its brought concern to our neighborhood. But I know that in the future, after this project is complete, that
we'll be able to live in harmony and everybody will enjoy the rural infrastructure and the rural life that for
generations our families have worked hard to create. Also, before I leave tonight I think heavy industrial and
heavy manufacturing are not fair to these proposals, for this proposal. Yes, there'll be some more trucks, but
its not anything in the magnitude that you'd see at the Lowes Distribution Center or something of that sort. I
hope in the future that the leadership of our communities, and the leadership of these counties, will set up
some zoning for ag-business to better help it grow for our businesses and families.
Jeff McNeely: I'm Jeff McNeely, owner of 6 & M Milling. We manufacture livestock feeds. Also, I happen
to double as being on the planning board of Iredell County. I will come to you in two facets and try to come as
quick as I can. I really didn't intend to speak on this tonight. You're actually going to hear me on another case
tonight. First, I come to you on the manufacturing side of livestock feeds. We're going to bring a product or
products a lot closer to the consumers. Iredell County is one of the largest consumers of feedstuffs because
we're one of the largest counties that has more cattle than any other county anywhere around. Also we have
probably about as many chickens as almost anywhere around Unfortunately, most of the facilities that we pull
these products, similar to what they're going to make, are in Raleigh, NC or Kershaw, SC or other parts away
that are not in our local commerce. I think by keeping these products in our local commerce, we're going to
increase our economic development of agriculture and make it more profitable -- not just the McLain. And
biodiesel works for all people in general who are in agriculture with livestock. This is very critical. Because
right now, livestock farmers aren't making much money. I don't know if you've noticed, but it hasn't rained a
whole lot. So, odds are they are going to make less, and they're going to have to purchase more feedstuffs,
and I'm hoping from 6 & M Milling. But that might not be the case but in whatever case, these animals have to
be fed or be sold. And when the farm animals are sold, the farm goes next, and then development comes.
When this case came before me as a planning board member, I felt like, yes, this is a very rural community, but
true to what Sam Dobson just said, we probably have some flaws and some loopholes or some places we don't
have in our zoning ordinances for agri-business. And, agri-business is growing in size. Its not shrinking to the
small family farm with two cows that someone is milking in the back of a shed We've got 1,000 cow dairies in
the county. We've got all types of things going on in the county as far as growth. We're having to get closer to
the consumer, we're having to get larger to compete and this is just one example of a farm that's already fairly
large taking some horizontal integration to grow even larger to compete. Cause we're not just competing in
Iredell County, we're not just competing in North Carolina, we're not just competing in the United States, we're
competing in the world To do that we're going to have to change the way we think, especially in agriculture.
That's basically all I got to say. I'm for the zoning.
Jane Burris (opponent): I live on Snow Creek Road. Thankfully, I don't live as close as some of the neighbors
you've heard tonight speak I don't have anything prepared, didn't really intend to speak We've heard of all
the profitable, wonderful things, the flowery families that have been there for hundreds of years. Mine has
too, I was a Cowan. I still don't see how you can expect those property owners immediately around there to
accept the devalued property that they are going to have. I don't believe, and I don't think if you're being
honest with yourself that you can say, their property is not going to be greatly devalued At an informational
meeting, Ron Smith, himself, said he would not want to live beside a biodiesel p/ant. He also said, had this been
in Mooresville, we wouldn't be here tonight because it would have never gotten this far. Jeff or Tim McNeely,
I'm sorry I didn't catch your first name, and I don't know you personally, but as a member of the planning
board, is that not a conflict of interest? That he would profit from it. Should he not have recused himself?
And (he) offered to not only approve it very quickly, if you've read the minutes from the planning board, but to
extend the hours from five days to six days and from 10 hours to 12 hours. I think that's a conflict of
interest, and I do oppose it.
Ed Pressly (attorney for opposition): I present into evidence four of five pages of a petition that has been
passed and signed that reads. 'We the undersigned residents of Snow Creek Road, and immediate and
surrounding area, hereby petition that the proposed rezoning of and to heavy manufacturing conditional use be
denied,' bearing the name, address, and telephone number of 138 residents in that area. I would like to show
who all is here who is apposed to this. Would everyone (opposition) here, please stand up, so we can have a
count?
(Randy Bridges then counted the audience members in opposition. He reported there were 72 individuals.)
Press/y continued: We are not here tonight to vote the McLain as good people. They are. We are not here
tonight to vote whether alternate fuels are needed They are. We are here tonight to decide where the
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appropriate place in Iredell County should be. You're the gatekeepers. You'll decide where this biodiesel
manufacturing facility will be sited What is going to come? Do we decide to place it in an R-20 zoning, the
most restrictive zoning we have in Iredell County and place it in an M-2 zoning district, which is the least
restrictive from one end to the next polar end Do we put that in an R-20 or do we put it into an industrial
site? There's been testimony tonight that there are plenty of industrial sites here where this can go. If its
placed in an industrial area all of the same positive considerations that have been talked about tonight --first
starting out by the engineers and the experts, and then by the people who have studied this and the farmers
who want it. All those apply. All those will still be served if this is sited in an industrial area. If you allow this
request, eight acres in the middle of whatever Randy's count was -- 39,000 acres -- you're going to constitute
what the law calls a spot zoning. Spot zoning is defined by (a) Is the entity owned by a single ownership?
You've got the McLain family and it is. (b) Will your action free the McLain in this area of restrictions that
now restrict the neighbors? That's favoritism. That is -- could Jerry Mishoe on the east, Bill Pitt on the
southeast, Bryan Leach on the east, Randy Bridges on the south put up their own plant? They couldn't because
they are restricted against if Your action here, if you allow the McLain to do it is favoritism. This law is
designed so that aboard cannot feather the nest of its own selective friends. The third element (c) Is the
site to be rezoned, eight acres in this instance, surrounded by uniformly zoned area? In this case, it is, its R-
20. Its the most restrictive zoning that we have in the county. The McLain led the fight for the R-20
classification, and they got it. Improper zoning will be struck down by our court system if it passes here. Its
been done in Davie County, next door, and Davidson County, next door.
Questions from the Commissioners
Commissioner Johnson: Directed to the McLain family - During the course of previous discussions someone
mentioned the fact that they might be willing to locate this facility 500 feet from the nearest ... was that
from the property line or the nearest neighboring residence.
Phil McLain: Its 500 from the nearest property line. Its even further from residents.
Commissioner Johnson: I've got a couple of questions, and Mr. McLain you can choose which one of your
expert witnesses you have with you who would be the most appropriate to respond. The question I have is the
last few days I've read more about biodiesel fuels then about anything else. One of the safety measures that
I've encountered is a nitrogen blanket. Has either of your experts ever heard about this process and could
they describe it and their assessment? Is it worthwhile?
Jay M. Railey: Yes sir, it is. A nitrogen blanket is a change in the natural atmosphere above one of these
chemical substances by introduction of nitrogen which is a natural inert. Its a completely non-reactive
material and the purity of those streams is typically 99.9% nitrogen in argon.
Commissioner Johnson: Then ten of that is to keep down vapors from the methanol. Is that right?
Jay M. Railey: That is to prevent a flammable mixture of material to be in any existence of the vapor space
above the liquid.
Commissioner Johnson: Do you think that that's agood enough idea to incorporate it into this facility. If you
don't, why not? Do you think a nitrogen blanket is necessary in this type of operation? What I've come to
understand is that there's certainly more than one process by which you can make biodiesel fuel. Is this
incorporated under this? Is it necessary? If it is your opinion that its not necessary, then why is not
necessary?
Jay M. Railey: Its my professional opinion that it is necessary and its normally incorporated into any design
that our company would be proposing for this type of storage system.
Commissioner Johnson. Have you ever heard of a company called FM 61obal Insurance.
Jay M. Railey: Yes, Factory Mutual Global. Yes sir.
Commissioner Johnson: What's your knowledge of them?
Jay M. Railey: They are an insurance underwriter sir. They would underwrite the insurance of a facility like
this.
Commissioner Johnson: What's your opinion of their requirements?
Jay M. Railey: Their requirements are typically industry standards. In my professional opinion, some of their
hazard analysis studies are based upon outdated information that's sometimes incorrect. But it is a
requirement of the insurance industry that they are a consultant to the insurance industry.
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Commissioner Johnson: I understand The engineering world is full of opinions. There's an old saying about
engineers that if you ask them for their phone numbers they'll give you an estimate. Let me ask you something
else. How about a methanol detector?
Jay M. Railey: There is such a thing as a combustible gas detector that's based upon infrared or ultraviolet
light sensing systems.
Commissioner Johnson: Is that incorporated into the design of this facility.
Jay M. Railey: Typically not.
Commissioner Johnson: Why not?
Jay M. Railey: Typically not required.
Commissioner Johnson: Do you think that's an unnecessary expense or do you think that it could add to the
safety of the process.
Jay M. Railey: Typically, Mr. Johnson, the requirements for those types of safety systems are dictated by
the insurance underwriters rather than the local fire marshal requirements.
Commissioner Williams: I would like to ask Lloyd Ramsey, the fire marshal.......... in case of a fire at this
facility which fire department would respond as a first call?
Lloyd Ramsey (Iredell County Fire Marshal): The first alarm would go to Trinity Fire Department.
Commissioner Williams: Do they have a mutual assistance pact?
Lloyd Ramsey: Yes, absolutely. We have automatic aid for this type of fire. You would have Central, Trinity,
probably Harmony and Ebenzer would be the next two.
Commissioner Williams: How manygallons of water can Trinity provide from its location.
Lloyd Ramsey.' Are you saying haul -- how much they can haul to the scene?
Commissioner Williams: Right.
Lloyd Ramsey: I would say Trinity could probably put 6,000 gallons on the scene_ I don't know that exactly,
but I would say probably 6000 gallons.
Commissioner Williams. Is that adequate for a fire of what you could expect from a fire of this type to be?
Lloyd Ramsey: Well, that's hard to say, because I don't know the sizes or quantities.-- that type of thing.
Probably to completely extinguish this type fire, probably not. But there's a lot of information about
quantities and size that I don't have yet-
Commissioner
etCommissioner Williams: Would that be from a single hydrant there or would it be from multiple hydrants?
Lloyd Ramsey: Oh, it would definitely be a water haul type operation. I think the hydrants in that area -- just
kind of a rough figuring -- I talked to the chief up there and he said that area -- generally they are looking at
what he felt were like 750 to 800 gallons a minute.
Commissioner Williams. Would a turbo draft on this facility help? If a pond was located on the site?
Lloyd Ramsey: If it was accessible enough. Yes, it could be.
Commissioner Robertson: Is this a batch or continuous process?
Joy M. Railey: We have a combination. We have a batch process at the front of the facility. That is a
transesterification reaction, without water wash. Minimal wastewater from the facility followed by a
continuous methanol recovery and ion exchange cleanup of the biodiesel material. Its a semi-continuous
process. Batch in the front, continuous in the back.
Commissioner Robertson: Okay_ The methanol is going to be mixed with the catalyst prior to mixing with the
oil. Correct? When do you put the catalyst in?
Jay M. Railey: Last.
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Commissioner Robertson: The methanol isn't pre -heated. Correct?
Joy M. Railey. The methanol is batch fed to the reactor following the RBD -- triglcerides --the oil and then
catalyst is last. The resulting contents are brought up 60 degrees centigrade for the reaction to occur, and
its an endothermic - the reaction consumes heat. If you take heat away, it stops.
Commissioner Robertson: So the methanol is never heated up alone?
Joy M. Railey: No.
Commissioner Robertson: And that's when methanol is most combustible and would create the highest
pressures. If you would heat it up alone.
Jay M. Railey: That is correct.
Commissioner Robertson: What sort of pressures are we looking at in your reactor vessel?
Jay M. Railey: Atmospheric pressure or lower because the resulting materials are removed under vacuum.
Commissioner Robertson: So we don't have a pressured vessel that's likely to go boom then?
Joy M Railey: No sir. And it has an ASM (American Society of Mechanical Engineering) coded vessel with
specific safety relief devices on it to keep it from overpressuring.
Commissioner Robertson: All right. There is usually some residual methanol in the glycerin by-product. You
say you're going to be running an ion exchange ....?
Joy M. Railey: The methanol is recovered from the biodiesel material post reaction and post separation of
the glycerin and then the biodiesel is cleaned with a resin that absorbs residual catalyst salt, a trace of
glycerin, a trace of triglyceride that's there to make a product that can be put in engines.
Commissioner Robertson: So the glycerin by-product that has to be -- its a by-product --its not a waste
cause ...
Joy M. Railey: Its a by-product that is commonly used in the cosmetics industry, its an edible material. It
does have methanol in it when it exits the reactor and that is removed as part of the process. Then the
resulting crude glycerin would then be re -refined to recover it at another location.
Commissioner Robertson: So would that stored glycerin have --what sort of methanol content would be in it
at that time?
Jay M. Railey: Its actually removed prior to storage.
Commissioner Robertson: So there is none at storage.
Joy M. Railey: No sir.
Commissioner Robertson: This facility is going -- the plan is to use soybeans, hopefully, in the future its
supposed to convert over to some higher yielding oil seed stacks like sunflower, canola. But also oils or fats or
whatever as animal by-products are going to be used as a source material in this facility as well. Correct?
Joy M. Railey: Any fat can be used as a raw material. The raw material design for right now is for soybean
oil, canola oil, sunflower seed oil. With proper pretreatment, yes. Animal fat could be re -used -- yellowgrease.
Commissioner Robertson: And those require different manufacturing process.
Jay M. Railey: The same manufacturing process but they may require initial removal of what's called free -
fatty acids prior to the introduction of the reaction. It makes too much water, and mess up the catalyst if
those materials are allowed to stay in there -- not typically done.
Commissioner Robertson: So you've made accommodations to run two different -- basically to have a pre-
treatment if you're running animal fats.
Jay M. Railey: Yes.
Commissioner Robertson: What limits your capacity? We've heard the figure tonight of 6 million gallons.
Usually there's a choke point or a bottleneck that makes that a 6 million gallon annual facility. What is that
bottleneck in this process?
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Jay M. Railey: A human resource in handling. The reaction can only occur so fast. You can only put so much
material into this size reactor, which is about 5,000 gallons capacity and really 6 million gallons a year is a real
stretch. Complete utilization of the equipment at hand.
Commissioner Robertson: So, its the reactor vessel then?
Jay M. Railey: It is.
Commissioner Robertson. The only way they could push more volume through there is if there were 26 hours
in day.
Jay M. Railey: Or more reactors, or .....
Commissioner Robertson: Operate on Sunday.
Jay M. Railey: Yes,
Commissioner Robertson: So as long as they are operating on hours defined then that 6 million is a max.
Jay M. Railey: That is an absolute max. Yes sir.
Commissioner Robertson: Mr. McLain, for you to make a million gallons of biodiesel and lets assume you're not
using any animal fats -- how many acres of soybeans would it take to get you to a million gallons a year?
Phil McLain: More than we could buy. Five hundred thousand bushels would give us about 700,000 gallons. So
we are going to start out very slow, and we would have to buy soybeans from adjoining counties. Canola would
double the amount of oil that we would get so you would get twice the oil per canola acre as you would
soybeans. So I could double that if we purchased only canola but we would be able to purchase everything.
Commissioner Robertson: Right now, canola and sunflowers - those aren't common crops.
Phil McLain: They're not common. We have grown them and we're growing them now.
Commissioner Robertson: So for you to go to maximum capacity right now that means that you would need
300,000 bushels a year of soybeans. Correct?
Phil McLain: Togo to maximum?
Commissioner Robertson: Right.
Phil McLain: Probably 300 million. Its more than we'll be able to do. You can figure just a little over a gallon
per bushel -- soybean. So if you want 6 million gallons, you're going to have to have about 5 million bushels.
We raise about 30 or 40 million bushels in North Carolina and Chats not exact. Its a ballpark.
Commissioner Robertson: So the chances of you going to six million gallons a year ....
Phil McLain: Very unlikely.
Commissioner Robertson: But if you used a mixture of soybeans and other seed oils.
Phil McLain: Still very unlikely.
Commissioner Robertson: What about adding the animal fat?
Phil McLain: Now the animal fat would make it more likely. But the good thing about the animal fat is that it
cuts way down on the trucking, because you're bringing in the oil and you don't have all that processing going on.
Another thing about the animal fat, we're not rendering animal carcasses. Its already been refined before we
get it. There's hardly any smell associated with that.
Commissioner Robertson: What temperature is the reactor running at?
Jay M. Railey: 60 degrees C or 140 F.
Commissioner Robertson: What sort of odors do you expect if you're using animal fats inside the plant and
what sort of methods would you use to keep it from going outside?
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Jay M. Bailey: There would be none. The resulting vapors are processed under vacuum and they're run
through a solid scrubber. There is a seal liquid system on the vacuum pumps that generates 3 to 4 gallons an
hour of water that is a seal fluid but its under very high vacuum.
Commissioner Robertson: So the off gases ........
Jay M. Railey: The off gases are scrubbed They are absorbed on carbon.
Commissioner Robertson: Are there any plans for lab facilities on site to make sure that the process is
running as designed?
Phil McLain: Yes, we are talking about doing that. There are certain things that we can do in a small amount
and until we get the lab there we can hire out. There are labs locally that we can use, because we have to
produce an ASTM fuel.
Commissioner Robertson: The process that has animal fats has higher free -fatty acids and it usually means
you have to remove a lot more water. The ion exchange still can handle the process at that point.
Jay M. Railey: Yes, it can.
Commissioner Robertson: So no matter what your feed stock is, we don't have a waste water issue as for as
big septic tanks or pump trucks.
Jay M. Raley: It would be a material that would be pump and hauled It will have to be characterized
because I'm sure we would talk to the Statesville sewer district about possible discharge there, but its a pump
and haul situation.
Commissioner Robertson: I'd gotten a letter from someone and they'd asked about the sulfuric acid and the
process. The only place I could find that in the literature was that it was used in the neutralizer. Do you have
that in the process?
Raymond Odom: We typically use glacial acidic acid which is strong vinegar ..... basic quenching and killing the
process and neutralizing the salt.
Commissioner Robertson: And thats all recovered in the ion exchange?
Raymond Odom: Yes, that's all gone in the reaction system.
Commissioner Williams: Do you have documentation that Statesville will accept the wastewater?
Raymond Odom: No sir, we haven't approached that point of the operation yet. That would be with the
permitting process with DENR and the natural resources and aquifers. We haven't gone through that process
yet.
Phil McLain: Its dependent upon the size of the waste water.
Raymond Odom: The waste water in the system is basically the one to four gallons an hour out of the cooling
system. The reaction is basic - all of the water consumed within the process. If we use a catalyst, its a 30%
sodium methalate methoxide catalyst -- there is no reaction water. A little bit of water. If anyone is familiar
with parts per million - 20 hundred parts per million is a lot of water. Five hundred parts per million is very
little BBs in a big boxcar.
Commissioner Williams. I believe this board moved on a process where the same question came up about waste
water disposal. The same response was that it would be entered into the Statesville system. Suppose they
won't accept it. Even though it may only be 55gallons. Where is itgoing?
Raymond Odom: : Well then it would have to be addressed with Mr. McLain (inaudible) wants to haul it off as
.... typically as a t ox in a Hasway system somewhere.
Commissioner Robertson: Do you know where the waste in Caldwell Countygoes?
Raymond Odom: No I do not. But to address the water issue -- when the permitting process occurs we will
have to approach the City of Statesville or the County of Iredell to see if they would accept the waste. If
not, then other options would have to be pursued
Commissioner Williams. You would have to have that in order before it could be permitted
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Raymond Odom: Yes sir. You cannot build a facility without somebody accepting the waste or air permits or
whatever.
Commissioner Tice: Question directed to Attorney Pressly: If this project were moved 500 feet up the hill
from the property line, would that be more acceptable to your clients.
Attorney Pressly: Its not the amount of distance there. The distance won't control the amount of traffic.
Its still uphill from the neighbors. The methanol products are all heavier than air. They flow downhill to the
neighbors. The some issues regarding water quality. The five bus routes in the morning, the five bus routes in
the evening coming. So its still in sight. You still have the same property value loss. This exhibit that was
introduced into evidence -- every time a homeowner sells his house, he has to go through this checklist and
there are two numbers there where you will you have to disclose that I live next to this plant and it affects
the quality of life here.
Commissioner Tice: I was serving on the board in 1998 when the county commissioners approved a request
from this neighborhood to rezone this property to R-20 to guarantee that this type of operation would not
infiltrate their community. How do you feel about that?
Attorney Pressly: Well, we've heard a whole lot about the technology and about this system itself, but really
no reason to put it here. The minutes reflect that at the planning board meeting that Mr. McLain wanted to
use it because there was a barn there and he wouldn't have to replace his building. If you talk about moving
the distance beyond that barn then that desire is gone. If the only reason is to let him use his own property -
- he bought this farm to farm and he has been farming it. Why can't he go to an industrial site and put this
same plant up? As I read the minutes of the planning board and the minutes of the 1998 rezoning, the McLain
family was instrumental in getting it rezoned to the R-20. The most restrictive we have, and yet here, how
ironic it is, they come back and ask for the least and it gives them again as property owners privileges to do
something to generate money on their property that the neighbors cannot do.
Commissioner Robertson: Question directed to Mr. McLain. Why don't you build this in an industrial parka
Phil McLain: Thais a good question. We have limited funds. To purchase the land and the building, the
existing buildings that we already have, it would be in excess of a million and a half dollars. There's more than
just a barn at concern here. There are several buildings. There's some upright silos that are glass -lined that
are air tight that could be used for storage of the oil. There's a huge barn there that we could put the mill in.
There's the grain bins to store the grain. It would cost in excess of a million and a half to build that and to
purchase the land This is a private venture. We applied for some money but the money didn't come through as
far as the grant money we applied for. Thais why we had the initial delay. We thought we could get some
grant money and take it somewhere else. When we found out that wasn't possible, then we had to come back to
this site. For us not to be able to do it at this location, we will not be able to do this project. So its not a vote
about where it moves somewhere, its really a vote about whether its done or not.
Commissioner Johnson: I need someone to go over the by-products again .... the glycerin.
Jay M. Railey: The by-products are glycerin and glycerin is typically handled ..... its a raw material used in
soap products. Its ingestible. Its used in making everything from suppositories to face creams but it has to
be refined. It cannot be used in its raw form.
Phil McLain: He's talking about the biodiese/ portion of it. There's the soybean and canola processing and
that's where the majority of the by-products are coming from. So, from soybeans, 80% of it is soybean mill.
The rest of it is oil, so we'll be selling that 80% into the community. So, that is also a by-product, too, that's
separate from the biodiese/.
Attorney Pressly: Questions directed to Planning Director Smith. The proposal allows 7 am to 7 pm Monday
through Saturday. Is that correct?
Ron Smith: Yes
Attorney Pressly. And the proposal by the McLain at the planning department was 7 a.m. to 5 p.m. Monday
through Friday. Is that correct?
Ron Smith: I believe the number has changed. I can't say exactly what it was.
Attorney Pressly: The minutes that are attached to this would reflect that? Is that correct?
Ron Smith: I think so.
Attorney Pressly: And this proposal says no animal rendering will take place on the property. Does that mean
that no animal parts will be used. Is this allowed?
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Ron Smith: The fat that they are proposing to bring in would not be rendered on the property from a carcass
to the actual fat that would be used in the facility.
Attorney Pressly: This proposal does not identify any fire extinguishing system yet. Is that correct? Its
something that has to be figured out later.
Ron Smith: Yes sir.
Attorney Pressly: It doesn't limit the number of storage tanks? Is that correct?
Ron Smith: Thais correct.
Attorney Pressly: Doesn't limit the number of buildings that can go up?
Ron Smith: Correct.
Attorney Pressly: Doesn't limit the size of the facility?
Ron Smith: No.
Attorney Pressly. Dykes come with it and that just controls liquids. Is that correct?
Ron Smith: Thais correct unless there's some other regulation from the fire marshals office that we're not
aware of.
Attorney Pressly. Okay, dykes are immaterial in regards to gas flows?
Ron Smith: Thais probably a question for one of the other experts.
Attorney Pressly: The removal of the driveway --is not identified on where its going to gap
Ron Smith: We have a letter on record from the NCDOT and they have worked out a proposed location, but
its not specifically designated in this.
Attorney Pressly: And that's just on the entrance to the road itself.
Ron Smith: Yes sir_
Attorney Pressly: And it has no regulations on how the driveway will be moved from the neighbors. The only
requirement would be the 30 front undisturbed buffer in which the driveway cannot be located
Ron Smith: Correct.
Attorney Pressly: And right now its cleared land
Ron Smith: There ..... adjacent to the Leach property the driveway is in that buffer. Yes.
Attorney Pressly: So that doesn't allow for the planning of any screening -- any plants — anything to that
nature.
Ron Smith: You can put that in the buffer — thats a requirement that we would have in addition to that. The
buffer is facing and screening is an actual visual.
Attorney Pressly: Okay. Well, your screening regulation calls for a 6 foot chain-link fence.
Ron Smith: Well, actually there should be six feet in vegetation or an opaque fence or berm or some
combination.
Attorney Pressly: Okay. The regulations deal with industrial sites don't they?
Ron Smith: I've pulled these from an industrial section of this ordinance. Yes.
Attorney Pressly: Is it true there's no industrial sites, such as this, thats been put into a residential area
anywhere in Iredell County?
Ron Smith: Not a biodiesel. We do have other M-2 properties in the middle of large residential areas. We
do.
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Attorney Pressly: All right_ When was the last time this was done.p
Ron Smith: We had one earlier this year. Several months ago.
Attorney Pressly: South Iredellarea?
Ron Smith: No, in north Iredell.
Attorney Pressly What was that?
Ron Smith: On Friendship Road
Attorney Pressly: A what
Ron Smith: A sawmill.
Attorney Pressly: Okay. When you give your recommendations to the board do you use precedents on those
recommendation.
Ron Smith: In many cases, yes. They are all case-by-case basis.
Attorney Pressly: What would be your response if one of these neighbors wants to put a similar facility on
their own property?
Ron Smith: We would review it on the merits of that individual case_
Attorney Pressly. If it came up equal with this, then you would give it an equal recommendation?
Ron Smith: If the situation arose that it was the same as this in all ways, yes. Otherwise, we would have to
consider it case-by-case.
Attorney Pressly: The land use plan now is in effect. Is that correct?
Ron Smith: Correct.
Attorney Pressly: And the land use plan has this area designated for what?
Ron Smith: Residential.
Phil McLain: I have no questions but I do have quite a few statements. This really isn't what everybody is
afraid off. It's much smaller in scale than what everybody is afraid of Its much smaller in scale than what
people realize. It does not pose the threat and danger that people want to assume. You can pull off Internet
articles and read about explosions in Idaho, in Oregon. My experts reviewed those and what happened was
because people were doing things that were not on the same scale as what we are going to build A lot of home
brews are being done and things are happening and mistakes are being made because people aren't doing what
they are supposed to be doing. We are going to do what we are supposed to do. We are going to do everything
within our power -- to give what other setbacks -- to do whatever greenery -- to make it as invisible in the
community as we can possibly make it. We're moving it up the hill and its going to cost us more money to do
that because we're going to have to build a building now that we already had existing. We are willing to make
that a concession. Its going to go up there between two other buildings and you're hardly going to be able to
see it. The tanks that we were going to erect are much smaller than the silos that remain there now. So as
far as eye appeal to the neighbors, they are not going to see much difference. The truck traffic is not going
to be as heavy as everybody thinks that it is going to be. We're going to add 13 trucks to the road if we go to
6 million gallons, but we've made it clear we don't know if we'll ever get half way there. Frankly, if we can get
to a million, I think we've done pretty good, but I have to go to the extreme limit so that if something
happened very good then we would be well within what we are supposed to do here. We want to be good
neighbors so we are going to do all those things. The methanol scares everybody to death, but my experts
here attest to the fact that the propane tanks that we have in our yards to heat our houses are more
explosive then what we are going to put on our farm. We're going to have much protection around them then
what we have around the propane tanks in our own yard You open a valve and you start a flame. You don't do
that in this process. We are not hitting any flame in this process. So its much, much, safer. Its unfortunate
that this has to be classified os M-2. This is not an M-2 classification but we didn't have anything else that we
could classify under. And as you have heard tonight in other testimonies, we need to have a classification for
agri-business that can do the things that they need to do. And so it was unfortunate that we had to come to
this type of application that doesn't really describe it and I hope the commission or the planning department
will look at a different use in the future so that agriculture will have the opportunity to do the things they
need to do. Another thing that was mentioned was that people seemed to look back at past history as far as
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zoning in the community and why have you changed your mind or why did you lead the battle in that. Again,
when we tried, and we didn't lead the battle in either one of the skirmishes that we had in the past, we joined
them. I didn't lead it and my brother didn't lead it. We just joined on. It was a zoning issue to try to protect
our community, but again, the zoning wasn't exactly what we needed for our community. You had to either go
this side or that side. And so, we went this way. And yes everybody will have the same opportunity to rezone
their property just like I have. And, if its a good thing to do then they'll get to do what they want to do. If
its bad, then they won't get to do it either_ And so, we all have the same opportunity here no matter how its
zoned. Thais basically in the nutshell all I wanted to say except we are fourth generation farmers and we love
the Snow Creek Road community. We have more invested in that community and more to lose by devalued
properties then anybody else in this room. We've been therefor over a hundred years. My grandfather owned
that property, and my parents owned the property over the hill. We were blessed that we could buy it back
after my family had to sell it because our grandparents went into the rest home. 50, we have it back. Its
beautiful out there ladies and gentlemen because we've worked hard to buy it back at development prices.
And, its only beautiful out there because we've bent over backwards to buy it. If we hadn't of bought it, there
would probably be a hundred to two hundred houses on it right now and that would put more than 16 more
vehicles on the road I can assure you. And there are other things that we can do if we don't get to do this.
We could build other things that would involve animals that would involve waste and would involve more
trucking.
Commissioner Johnson: Mr. McLain, we are still in the process of making our minds up here, but to allay the
concerns of your neighbors, you said that you didn't see anyway that you'd ever get to six million gallons.
Would you consider that as a further condition that you would limit your operation to six million gallons.
McLain: We would do that.
Commissioner Robertson: (Question directed to Ken Vaughn) When we put fertilizers and pesticides on our
crops ..., are those materials that are basically hazardous ..... if they come in contact with humans in the wrong
quantities.
Ken Vaughn (Cooperative Extension Service): Can they cause a problem?
Commissioner Robertson: Yes.
Ken Vaughn: All of your pesticides, which would include herbicides and insecticides, et cetera, that are used
for crops are supposed to be and I think our farmers are responsible to use at recommended rates or
approved rates and therefore do not present that type of problem. If they are used excessive or in some
cases there is a withdrawal period before harvest, say 30 days or 60 days, or something like that assuming the
regulations are followed, the labels followed, then there should not be a problem_
Commissioner Robertson. Is it safe to say that most of our large scale agricultural operations have pesticides
that are stored on site?
Ken Vaughn: Yes.
Commissioner Robertson: And they are transported to the site?
Ken Vaughn: Yes.
Commissioner Robertson: Could I get a clarification? 5o we've modified the conditional use ..... I did have
another question. On outside storage of waste, were you going to store the glycerin by-product? Is thatgoing
to be stored in 55 -gallon drums or was that going to be in a tank and pumped from a tank for further
processing.
Raymond Odom: It's supposed to be stored in bulk tank to be hauled off by truck. Its my understanding that
there's no 55 -gallon drums storage onsite of the glycerin product.
Commissioner Robertson: So it would be consistent if we said no outside storage in drums as a condition of
use. That would be consistent with what you've got planned Correct?
Raymond Odom: That would be consistent with the typical process. Yes.
Commissioner Robertson: How are these different conditions that have been added tonight to be worded? I
know that we've run into trouble doing that before?
Commissioner Tice: It would be a part of the motion.
22
Commissioner Johnson: You could make a motion with the conditions as presented by the staff, with the
following conditions, and you can add as many conditions as you like_ You can remove conditions if thats your
desire.
Commissioner Tice: They (conditions) have to be accepted by the applicant.
Chairman Norman: You've mentioned moving it back 500 feet Isn't that correct?
McLain: Yes.
Commissioner Johnson: And he has agreed to the 6 million gallons.
McLain: Yes, and we would be willing to go even lower than 6 million if it would make a difference. I would be
willing to lower it to 4 million gallons_ We are trying to work with you.
Commissioner Robertson: We talked about the driveway being moved. Now does that get worded?
Ron Smith: Well, we have that inhere now (staff report). He read it as follows: 'The gravel driveway shall be
located in accordance with the requirements of NCDOT and will be moved to the west from its current
location.' They have designated a spot that they feel is adequate for the relocation of the driveway.
Commissioner Robertson: Should we put a number of feet on that? Or, are we not prepared to do that?
Ron Smith: If we put the condition in place, and its not necessarily where they have designated, then we could
potentially have problems.
Commissioner Robertson: So, if we said to DOT specifications that would be adequate, or that would not add
any value.
Ron Smith: I think it would be adequate -- primarily based on the fact that they issue driveway permits and
have the ultimate authority as to where that will go anyway-
Commissioner
nywayCommissioner Robertson: Mr_ Pope, an additional condition? Would that be in the first part of the motion or
the second part?
Attorney Pope: The second.
Commissioner Johnson: Mr. Chairman, I know we don't look like we know what we are doing up here, but one
thing that has -- I think everybody I've served with will have to agree that rulings on legislation that do not
permit us to talk to petitioners or opponents to conditional use districts prior to the public hearing makes our
jobs extremely more difficult. It confines us to a very sharp learning curve and whatever we can get on our
own. I know that some people I spoke with were offended that we wouldn't speak to them. I heard a fellow
commissioner make a similar statement........ that folks were (offended) because they felt we wouldn't take the
time to talk with them. We are legally bound by statute not to do so. It makes it more difficult on the front
end in trying to gather information and makes it difficult to craft a motion because you're having to cut bait as
you fish. Its a difficult process.
MOTION by Commissioner Robertson to amend the Iredell County Land Use Plan.
VOTING: Ayes — 4; Nays — 1 (Tice)
MOTION by Commissioner Robertson to approve the proposed zoning map amendment
and to make a finding that approval is consistent with the adopted Iredell County Land Use Plan
and that said approval is reasonable and in the public interest due to its consistency with the
Iredell County Land Use Plan; as a result, said approval furthers the goals and objectives of the
Iredell County Land Use Plan. Additionally, the following conditional uses are added:
a) The facility be located at least 500 feet from the nearest adjacent property line
b) The facility be limited to 4 million gallons of biodiesel fuel per year
c) That no outside storage of waste products and drums be allowed
d) The driveway be moved from its current location to a location that is west and would
meet North Carolina Department of Transportation specifications.
VOTING: Ayes — 4; Nays — 1 (Tice)
23
Commissioner Tice said the reason she couldn't vote for the motion was due to the
agreement among the neighbors to protect their property with a non -owner petition back in 1998
and to rezone the property to R-20. She said, "The county commissioners voted to approve the
1998 action. I can't in good conscience tell these folks now that that was all in vain."
Commissioner Johnson said he had also been consistent. He said that in 1998 he voted
against the R-20, and the reason was because he felt it infringed upon other people's personal
property rights. Johnson said, "I'm in favor of individual property rights."
Tice said, "I'm also in favor of individual property rights, and I feel that's why the
neighbors came together in 1998 to protect their property."
Case No. 0707-1: Applicant A.J. Modi for Owner Sumat LLC Requests to Rezone a
Portion of Property from Residential Agricultural to Neighborhood Business: Planning
Director Ron Smith explained the following staff report for this case:
CASE NO. 0707-1
OWNER: Sumat LLC APPLICANT: Alex Modi
2159 Old Mountain Road 2159 Old Mountain Rd
Statesville, NC 28625 Statesville, NC 28625
LOCATION: 2159 Old Mountain, more specifically a portion of PIN# 4704-55-3986.
Directions: 1-40 east north on Old Mountain Road site on left at corner of Island Ford Road.
REQUESTED ACTION: Rezone the rear portion of the property from RA, Residential
Agricultural Zoning District to NB, Neighborhood Business Zoning District.
PROPOSED USE: Convenience store and gas station
SIZE: The portion of the property for rezoning is 1975 sq. ft.
EXISTING LAND USE: Convenience store and gas station
SURROUNDING LAND USE: Commercial and residential
WATERSHED REGULATIONS: This property is in the WSIV-CA watershed.
TRAFFIC: According to the 1993 Iredell County Thoroughfare Plan, the capacity for this
stretch of Old Mountain Road is 12,000 vehicles per day and 8,000 for Island Ford Road. In
2005, the estimated daily traffic count for Old Mountain Road was 4,700 vehicles per day and
1,500 vehicles per day for Island Ford Road.
ZONING HISTORY: This property has been zoned NB/RA since countywide zoning went
into effect in 1990. The property that adjoins this lot to the south was rezoned to HB -CUD in
September 2006 with the following conditions: 1) No outside storage except for the dumpster
and 2) Extend the Leyland cypress tree buffer on the south side to the front of the proposed
building. The property to the west has been RA since countywide zoning went into effect in
1990.
STAFF COMMENTS: The area around this intersection has been developing commercially
over the past couple years. On the north side of Island Ford Road there is a new Food Lion
shopping center. To the south of this property a Dollar General is under construction. The
Iredell County Land Use Plan identifies this area as suitable for commercial use. The
applicant has chosen to expand an already existing NB District. Across Island Ford Road and
Old Mountain Road lies GB zoning. This strip of land the applicant is requesting the rezoning
for is approximately 25' wide. With the 30' zoning setback requirement between commercial
and residential uses this piece will essentially become part of the required rear buffer. Based
on the location and the Iredell County Land Use Plan planning staff recommends in favor of
this request.
PLANNING BOARD ACTION: On July 11, 2007, the Planning Board voted 9-0 to
recommend approval of this request and to advise that it is consistent with the County Land
Use Plan.
No one else desired to speak.
24
MOTION by Commissioner Robertson to approve the zoning snap amendment and to make a
finding that the approval is consistent with the adopted County Land Use Plan and that said
approval is reasonable and in the public interest due to its consistency with the County Land Use
Plan; as a result, said approval furthers the goals and objectives of the County Land Use Plan
VOTING: Ayes — 5; Nays — 0.
Case No. 0707-2: Applicant James Allen Edmiston Jr., Anne Edmiston, Mary Tolbert,
and Ethel Edmiston Request to Rezone Property from Residential Agricultural to Highway
Business: Planning Director Ron Smith shared the following staff report for this case:
OWNERS/APPLICANTS:
CASE NO. 0707-2
James Edmiston Jr.
120 Shady Cove Road
Troutman, NC 28166
Ethel Edmiston
189 Hamilton Road
Troutman, NC 28166
Anne Edmiston
3295 Amity Mill Road
Statesville, NC 28677
Mary Tolbert
2509 Amity Hill Road
Statesville, NC 28677
LOCATION: Amity Hill Road, more specifically PIN# 4742-85-2318.000. Directions:
South I-77 exit 45 north on Amity Hill Road site on right across from Murdock Road.
REQUESTED ACTION: Rezone the property from RA, Residential Agricultural Zoning
District to HB, Highway Business Zoning District.
PROPOSED USE: All HB uses
SIZE: The property for rezoning is 7.16 acres.
EXISTING LAND USE: Vacant
SURROUNDING LAND USE: Commercial and residential
WATERSHED REGULATIONS: This property is not in a watershed.
TRAFFIC: According to the 1993 Iredell County Thoroughfare Plan, the capacity for this
stretch of Amity Hill Road is 8,000 vehicles per day. In 2005, the estimated daily traffic count
for Amity Mill Road was 1,800 vehicles per day.
ZONING HISTORY: This property has been zoned RA since countywide zoning went into
effect in 1990. The property is bordered by I-77 on the east and Amity Hill on the west. To
the south lies a parcel of land that was recently annexed by Statesville. To the north there is a
vacant RA zoned lot. Across Amity Hill Road to the southwest is RO zoning that was rezoned
in 2000 and HB zoning from the countywide zoning in 1990.
OTHER JURISDICTIONAL INFORMATION: This is a speculative rezoning. Utilities
would be provided by the City of Statesville. The property is located within their portion of
the recently developed annexation agreement. When development occurs, the applicant will
likely utilize the City's utilities, and would therefore be subject to annexation and in the least,
the City's development standards.
STAFF COMMENTS: The Iredell County Land Use Plan identifies this area as suitable for
commercial uses. The exit 45 area is starting to transition from a rural interstate interchange to
a developed interchange. Both Statesville and Troutman are extending their jurisdictions into
this area, with Statesville being the primary service provider. Staff is recommending in favor
of this request due to the proximity to exit 45 and the Iredell County Land Use Plan.
PLANNING BOARD ACTION: On July 11, 2007, the Planning Board voted 9-0 to
recommend approval of this request and to advise that it is consistent with the County Land
Use Plan.
Owner/Applicant Jim Edmiston announced that he was present if the board members had
any questions.
25
No one else requested to speak.
MOTION by Commissioner Williams to approve the zoning map amendment and to
make a finding that the approval is consistent with the adopted County Land Use Plan and that
said approval is reasonable and in the public interest due to its consistency with the County Land
Use Plan; as a result, said approval furthers the goals and objectives of the County Land Use
Plan.
VOTING: Ayes — 5; Nays — 0.
Case No. 0707-5: Applicants Michael & David Johnson, on behalf of Owner Anita
Johnson, Request an Amendment to the Iredell County Land Use Plan and to Rezone a
Parcel from Residential Agricultural to Neighborhood Business Conditional Use District
& Multi -Family Residential (R -8A) Conditional Use District: Planning Director Ron Smith
summarized the following staff report for this request:
CASE NO. 0707-5
OWNER: Anita Ritchie Johnson
323 Walnut Street
Statesville, NC 28677
APPLICANT: Michael or David Johnson
323 Walnut Street
Statesville, NC 28677
LOCATION: 2370 Shelton Avenue in Statesville, NC; more specifically PIN# 4732-67-0884.
Dircctions: Highway 115 south, property is on the right past Iredcll Memorial Gardens.
REQUESTED ACTION AND CONDITIONS: Amend the County Land Use Plan and rezone
the property from RA, Residential Agricultural Zoning District to R -8A, Multi -Family
Residential Zoning District and NB CUD, Neighborhood Business Conditional Use
Zoning District with the following conditions:
• Permit all uses in the R -8A and NB districts, with the exception of service stations
with and without gas,
• Stub outs to be provided on both sides of the property to the large adjoining tracts,
• RPO (Roadway Protection Overlay) standards to be met along Shelton Avenue
(Highway 115),
• All parking for the business uses shall be located to the rear of the non-residential
buildings, and
• Only 2 driveway cuts to be allowed per NC DOT approval.
PROPOSED USE: Multi family and neighborhood retail and office project.
SIZE: The property is 21.7 acres.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: This property is primarily surrounded by residential uses,
with some limited commercial in the area, and an industrial facility within 92 mile to the north.
WATERSHED REGULATIONS: This property is not located in a watershed.
TRAFFIC: According to the 1993 Iredell County Thoroughfare Plan, the capacity for this
stretch of Highway 115 is 10,500 vehicles per day. In 2005, the estimated daily traffic count
for Highway 115 was 8,900 vehicles per day.
ZONING HISTORY: This property has been zoned RA and NB since County -wide zoning
went into effect in 1990. The Champ property to the north was zoned M-1 in 1991.
OTHER JURISDICTIONAL INFORMATION: This request has been reviewed with the City
of Statesville Planning Staff. The staff agrees with the conditions proposed by the County,
and is generally in favor of the request. This property is located within Statesville's portion of
the newly crafted annexation agreement with Troutman, and therefore would be considered for
annexation if requested.
26
GROWTH IMPACT: TheJollowing section analyzes the effects this development will have on
the three major types of infrastructure schools, traffic/roads, water and sewer:
1. Schools. Students located in this development will attend Troutman Elementary and
Middle and South Iredell High Schools. The capacity of each of these schools is listed
below, along with the estimated impact that this development will have on each.
The school system is currently in the second phase of a three phase Capital Facilities
Program. Under this program, the capacity of Troutman Elementary will increase to 800
(effective Summer 2007).
The school system is also examining options for new elementary school locations in the
general vicinity and options for the expansion and potential construction of a new middle
school. If a school site is secured for the elementary, it will allow the school system to
build a new school within the next two to three years.
2. Traffic/Roads. The estimated number of average daily trips per household is
approximately ten. Based on the allowable density, this will equate to 390 trips at 39
lots and 1,740 trips at 174 units.
3. Water and Sewer. There has been no commitment from the City of Statesville to
provide water and sewer to this property. However, discussions with the City
Planning staff indicated that there should be no problem in getting a commitment from
the City for the utilities. A water line is located on this property along Shelton
Avenue. There has been some discussion of putting a pump station on this lot to
accommodate the sewage.
STAFF COMMENTS: The property is currently zoned for single-family residential and
neighborhood business uses. However, the proposed use in the County Land Use Plan is
residential. The project has access to an existing water line and will most likely get approval
on the sewer from the City of Statesville. The proposed project would increase the NB zoning
from approximately 3 acres to approximately 8 acres, with the remainder of the property to be
designated as R -SA. Table I breaks down the number of units that could be built under the
current RA zoning district versus the number of units that could be build under the proposed
R -SA zoning district.
Table 1
The current NB zoning allows for commercial uses along the highway. Although this is not
designated in the Land Use Plan for commercial uses, the impact of expanding the current NB
zoning would be limited. Future requests for additional NB zoning would be limited due to the
barriers on either side; a neighborhood to the south and a cemetery to the north. Although the
current Land Use Plan calls for residential uses, the plan is slightly out -dated and seems to
have not taken into account the neighborhood business designation along this road. With
some reservations, the planning staff recommends in favor of this request. Although the
property is partially zoned for commercial uses and has access to water and sewer, it does not
comply with the Land Use Plan. However, it is likely that this property will not develop under
the County's jurisdiction and will eventually be annexed into the City of Statesville as a result
of the water and sewer service.
PLANNING BOARD ACTION: On July 11, 2007, the Planning Board voted 7-2 to
recommend approval of amending the County Land Use Plan and voted 7-2 to recommend
approval of this request and to advise that it is consistent with the County Land Use Plan.
Michael Johnson, a representative for the property owner, said the request had been made to
,,clean up the zoning." He offered to answer any questions the board members might have.
27
Zoning
Acreage
Number of units
Currently
RA
18
39
Proposed
R -8A
13
174
The current NB zoning allows for commercial uses along the highway. Although this is not
designated in the Land Use Plan for commercial uses, the impact of expanding the current NB
zoning would be limited. Future requests for additional NB zoning would be limited due to the
barriers on either side; a neighborhood to the south and a cemetery to the north. Although the
current Land Use Plan calls for residential uses, the plan is slightly out -dated and seems to
have not taken into account the neighborhood business designation along this road. With
some reservations, the planning staff recommends in favor of this request. Although the
property is partially zoned for commercial uses and has access to water and sewer, it does not
comply with the Land Use Plan. However, it is likely that this property will not develop under
the County's jurisdiction and will eventually be annexed into the City of Statesville as a result
of the water and sewer service.
PLANNING BOARD ACTION: On July 11, 2007, the Planning Board voted 7-2 to
recommend approval of amending the County Land Use Plan and voted 7-2 to recommend
approval of this request and to advise that it is consistent with the County Land Use Plan.
Michael Johnson, a representative for the property owner, said the request had been made to
,,clean up the zoning." He offered to answer any questions the board members might have.
27
No one else requested to speak.
MOTION by Commissioner Tice to 1) Amend the County Land Use Plan, 2) Approve the
zoning map amendment and to make a finding that the approval was consistent with the adopted County
Land Use Plan and that said approval was reasonable and in the public interest due to its consistency with
the County Land Use Plan; as a result said approval furthers the goals and objectives of the County Land
Use Plan, and 3) approve the Conditional -Use Findings -of -Fact.
VOTING: Ayes — 5; Nays — 0.
Case No. 0707-6: Applicant Matthew Wilson with Landeraft Management LLC, on
behalf of Owner Shiloh Farms, Inc., Requests to Rezone a Parcel from Residential
Agricultural to Single -Family Residential (R-12) Conditional Use District: Planning Director
Ron Smith reviewed the following staff report for this request:
CASE NO. 0707-6
OWNER: Shiloh Farms, Inc. APPLICANT: Matthew Wilson
1201 Odell School Road Landcraft Management, LLC
Concord, NC 28027 1435 West Morehead Street, Suite 135
Charlotte, NC 28208
AGENT: Nicole R. Storey
ESP Associates, P.A.
PO Box 7030
Charlotte, NC 28241
LOCATION: 431 Westmoreland Road in Troutman, NC; more specifically PIN# 4659-49-
7258. Directions: 1-77 south to exit 42, south on 21, left on Westmoreland Road site on left at
corner with Houston.
REQUESTED ACTION: Rezone the property from RA, Residential Agricultural Zoning
District to R -12 -CUD, Single Family Residential Conditional -Use District with the
following conditions:
Water and sewer must be provided and the subsequent development policies of the Town of
Troutman concerning water and sewer service must be followed (see attachment A),
The total number of lots that can be developed is 224.
District Comparison
77
RA (Residential
Agriculture)
R-12 (Single Family Propsed
Residential)
Acreage
103.55
103.55 103.55
Less Undevelopable
Land
90
90 ----
Lots per Acre
2.178
3.63 2.16
Total Possible Lots
196
326 224
3. No private driveways will be permitted to access Westmoreland Road
PROPOSED USE: Residential community with an amenity center and recreational area.
SIZE: 103.55 acres
EXISTING LAND USE: VacanuAgricultural Land
SURROUNDING LAND USE: Agricultural and residential
WATERSHED REGULATIONS: This property is not in a watershed.
TRAFFIC: The traffic capacities for Westmoreland Road and Houston Road were not
specifically addressed in the 1993 Iredell County Thoroughfare Plan. However, based on
similar roads within the County, it would appear that the design capacity would be between
8,000 and 9,000 ADTs. Westmoreland Road is currently paved for only a portion of its
length. As part of the approval from the Town of Troutman, the road will be completely
paved. In 2004, the estimated daily traffic count for Westmoreland Road was 650 vehicles per
day and 470 vehicles per day for Houston Road in 2005.
28
ZONING HISTORY: This property and surrounding properties have been zoned RA since the
countywide zoning went into effect in 1990.
GROWTH IMPACT: The following section analyzes the effects this development will have on
the three major types of infrastructure schools, traff c/roads, water and sewer:
1. Schools. Students located in this development will attend Troutman Elementary an
Miiddle and South Iredell High Schools. The capacity of each of these schools is listed
below, along with the estimated impact that this development will have on each.
III
Troutman Elementary
it
727
IIt I) ei
788 34
Troutman Middle
572
427 17
South Iredell High
1101
880 22
The school system is currently in the second phase of a three phase Capital Facilities
Program. Under this program, the capacity of Troutman Elementary will increase to 800
(effective Summer 2007).
The school system is also examining options for new elementary school locations in the
general vicinity and options for the expansion and potential construction of a new middle
school. If a school site is secured for the elementary, it will allow the school system to
build a new school within the next two to three years.
2. Traffic/Roads. The estimated number of average daily trips per household is
approximately ten. Based on the allowable density, this will equate to 2,240 trips at 224
lots and 3,330 trips at 333 lots.
3. Water and Sewer. The Town of Troutman will be providing water and sewer service to
this development. A letter from the Town, labeled "Attachment A" is attached to this
staff report.
OTHER JURISDICTIONAL INFORMATION: This request has been reviewed, and
endorsed, by the Town of Troutman. The Town has agreed to provide water and sewer service
to the development. In return, the developer must agree to adhere to the development
standards detailed in the letter from the Town of Troutman, dated June 20, 2007.
STAFF COMMENTS: The recent growth study has established several new policies to
consider when dealing with new development. This proposal is subject to much of that study
due to the implications of the request for higher density development. Several core issues
have been considered by the staff, and should be considered in your deliberation of this
request.
1. Impact on schools. Higher density equals more children. The schools that will serve
this development are either near, or over capacity. The developer currently has the
right to develop on this property under the current RA zoning. By limiting the number
of lots, the developer is agreeing to wait until the school system has had adequate time
to plan for the new students. In this particular case, a new elementary/middle school
combo is being planned that will serve this development.
2. Intergovernmental Cooperation. The Growth Study recommended that the County
work closely with the municipalities to prepare for growth. The County Planning
Staff has worked closely with Troutman on this request and understands the Town's
financial needs as they relate to water and sewer (see below). Because this request is
endorsed by the Town, and is a prudent approach to development, we have tried to be
as cooperative as possible with Troutman.
3. Urban Service Areas. The Growth Study recommended studying USAs as a way to
cooperate with the municipalities and to funnel growth into areas that can handle it
(i.e. water and sewer and roads). Although Troutman does not have an established
USA, it does have a detailed Capital Improvement Plan for water and sewer. This
area is currently served by these utilities, and would be included in the USA if it were
adopted.
4. Water and Sewer Connectivity. It was apparent through the study that development
with municipal utilities was preferred where possible. Because this area is served by
utilities, it makes sense to connect. However, it also makes sense to allow higher
densities when municipal utilities are available due to economic reasons, it benefits
29
the Town as well as the development community. There are also positive
environmental impacts that come with connection to utilities.
This request, with the associated conditions, is a balance between the impact on schools
and roads, and the promotion of development practices that utilize the systems currently in
place. Staff feels that the impact on the schools is offset by the conditions of the request,
primarily the lot limitation, and that the core principles of the Growth Study are being met.
Based on all of these issues, staff recommends approval of the request.
PLANNING BOARD ACTION: On July 11, 2007, the Planning Board voted 6-4 to recommend
approval of this request and to advise that it is consistent with the County Land Use Plan.
Agent Nichole Storey, with ESP Associates said the request had the full support of the
Town of Troutman, and within two years, the property would be in this municipality's
jurisdiction.
(Matthew Wilson with Landcraft was also present, but he chose not to speak.)
Jim Morrow (opposition) said approval of this request would create a "horrendous"
traffic problem.
Sara Nestler (opposition) a resident on Cardinal Lane said traffic was already an issue.
She said, "The county is hemorrhaging and we need a tourniquet." Nestler said 224 homes on
90 acres were too many.
Jeff McNeely said he was a concerned citizen, and this proposed development had no
infrastructure to support it.
Nichole Storey (advocate) said the planning staff and planning board had recommended
in favor of the rezoning.
MOTION by Commissioner Tice to approve the zoning map amendment and to make a
finding that the approval is consistent with the adopted County Land Use Plan and that said approval is
reasonable and in the public interest due to its consistency with the County Land Use Plan; as a result,
said approval furthers the goals and objectives of the County Land Use Plan.
VOTING: Ayes - 3; Nays -2 (Williams & Robertson)
Case No. 0707-7: Applicant E & J Development, LLC, on behalf of Owner Howard
& Associates LTD Partnership and Tom & Wendy Shadrix Request to Rezone Parcels from
Residential Agricultural to Single -Family Residential (R-12) Conditional Use District:
Planning Director Ron Smith described the staff report for this case as follows:
CASE NO. 0707-7
OWNERS: Howard & Associates LTD, Partnership Tom & Wendy Shadrix
400 Avinger Lane Apt 347 8704 Stage Ford Road
Davidson, NC 28036 Raleigh, NC 27615
AGENT/APPLICANT: E & J Development, LLC
227 Hideaway Lane
Mooresville, NC 28117
LOCATION: The property lies between Overeash and Houston Road, more specifically PIN#s 4750-
87-1673 and 4750-84-4557. Directions: I-77 south to exit 42, south on 21, left on Westmoreland Road
site at end across Houston Road.
REQUESTED ACTION: Rezone the property from RA, Residential Agricultural Zoning District to R-
12 -CUD, Single -Family Residential Conditional -Use District with the following conditions:
L Water and sewer must be provided and the subsequent development policies of the Town of Troutman
concerning water and sewer service must be followed (see attachment A),
2. Phasing will be required based on the following:
a. The proposed development will be permitted to develop to the density standards of the RA
district for the first two years beginning on the date of the approval of the rezoning. The
30
number of lots that will be allowed during that time shall be no more than 336 (this number
has been determined by subtracting 0.8% of the overall acreage for streets, and 0.5% of the
overall acreage for undevelopable land, then multiplying the net acreage by 2.178, the
density allowed in the RA District).
b. Upon the expiration of the two year period mentioned above, the retraining lots that would be
permitted by utilizing an R-12 density shall be allowed to begin (i.e. final subdivision plats
may then be submitted).
c. All lots created subsequent to the rezoning may adhere to the minimum standards of the R-12
District.
District Comparison
3. No private driveways will be permitted to access Overcash or Houston Roads.
PROPOSED USE: Single family residential housing
SIZE: 177.63 acres
EXISTING LAND USE: Vacant/Agricultural Land
SURROUNDING LAND USE: Agricultural and residential
WATERSHED REGULATIONS: This property is not in a watershed.
TRAFFIC: The traffic capacities for Overcash Road and Houston Road were not addressed in the 1993
Iredell County Thoroughfare Plan. However, based on similar roads within the County, it would appear
that the design capacity would be between 8,000 and 9,000 ADTs. In 2004, the estimated daily traffic
count for Overcash Road was 680 vehicles per day and 470 vehicles per day for Houston Road in 2005.
ZONING HISTORY: This property and surrounding properties have been zoned RA since the
countywide zoning went into effect in 1990.
GROWTH IMPACT: The following section analyzes the effects this development will have on the three
major types of infrastructure schools, traffic/roads, water and sewer.
Schools. Students located in this development will attend Troutman Elementary and Middle
and South Iredell High Schools. The capacity of each of these schools is listed below, along
with the estimated impact that this development will have on each.
MINNmi-1111
Troutman Elementary
RA Residential Agriculture)
R-12 (Single Family Residential
Acreage
177.63
177.63
Less Undevelopable
Land
154.53
154.53
Lots per Acre
2.178
3.63
Total Possible Lots
336
565
3. No private driveways will be permitted to access Overcash or Houston Roads.
PROPOSED USE: Single family residential housing
SIZE: 177.63 acres
EXISTING LAND USE: Vacant/Agricultural Land
SURROUNDING LAND USE: Agricultural and residential
WATERSHED REGULATIONS: This property is not in a watershed.
TRAFFIC: The traffic capacities for Overcash Road and Houston Road were not addressed in the 1993
Iredell County Thoroughfare Plan. However, based on similar roads within the County, it would appear
that the design capacity would be between 8,000 and 9,000 ADTs. In 2004, the estimated daily traffic
count for Overcash Road was 680 vehicles per day and 470 vehicles per day for Houston Road in 2005.
ZONING HISTORY: This property and surrounding properties have been zoned RA since the
countywide zoning went into effect in 1990.
GROWTH IMPACT: The following section analyzes the effects this development will have on the three
major types of infrastructure schools, traffic/roads, water and sewer.
Schools. Students located in this development will attend Troutman Elementary and Middle
and South Iredell High Schools. The capacity of each of these schools is listed below, along
with the estimated impact that this development will have on each.
MINNmi-1111
Troutman Elementary
727
788 50
Troutman Middle
572
427 25
South Iredell High
1101
880 32
The school system is currently in the second phase of a three phase Capital Facilities Program.
Under this program, the capacity of Troutman Elementary will increase to 800 (effective Summer
2007).
The school system has purchased a site for a new elementary school locations in the general
vicinity and options for the expansion and potential construction of a new middle school. If a
school site is secured for the elementary, it will allow the school system to build a new school
within the next two to three years.
2. Traffic/Roads. The estimated number of average daily trips per household is ten. Based on the
allowable density, this will equate to 3,360 trips at 336 lots and 5,650 trips at 565 lots.
3. Water and Sewer. The Town of Troutman will be providing water and sewer service to this
development. A letter from the Town, labeled "Attachment A" is attached to this staff report.
OTHER JURISDICTIONAL INFORMATION: This request has been reviewed, and conditionally
endorsed, by the Town of Troutman. The Town has agreed to provide water and sewer service to the
development. In return, the developer must agree to adhere to the development standards detailed in the
letter from the Town of Troutman, dated June 20, 2007 (Attachment A).
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STAFF COMMENTS: The recent growth study has established several new policies to consider when
dealing with new development. This proposal is subject to much of that study due to the implications of
the request for higher density development. Several core issues have been considered by the staff, and
should be considered in your deliberation of this request.
1. Impact on schools. Higher density equals more children. The schools that will serve this
development are either near, or over capacity. The developer currently has the right to develop
on this property under the current RA zoning. By phasing the development and limiting the
number of lots over the next two years, the developer is agreeing to wait until the school
system has had adequate time to plan for the new students.
2. Intergovernmental Cooperation. The Growth Study recommended that the County work
closely with the municipalities to prepare for growth. The County Planning Staff has worked
closely with Troutman on this request and understands the Town's financial needs as they
relate to water and sewer (see below). Because this request is endorsed by the Town, and is a
prudent approach to development, we have tried to be as cooperative as possible with
Troutman.
3. Urban Service Areas. The Growth Study recommended studying USAs as a way to cooperate
with the municipalities and to funnel growth into areas that can handle it (i.e. water and sewer
and roads). Although Troutman does not have an established USA, it does have a detailed
Capital Improvement Plan for water and sewer. This area is currently served by these utilities,
and would be included in the USA if it were adopted.
4. Water and Sewer Connectivity. It was apparent through the study that development with
municipal utilities was preferred where possible. Because this area is served by utilities, it
makes sense to connect. However, it also makes sense to allow higher densities when
municipal utilities are available due to economic reasons, it benefits the Town as well as the
development community. There are also positive environmental impacts that come with
connection to utilities.
This request, with the associated conditions, is a balance between the impact on schools and roads,
and the promotion of smart development that utilizes the systems currently in place. Staff feels that
the impact on the schools is offset by the conditions of the request, primarily the delay in
development, and that the core principles of the Growth Study are being met. The two year delay
for the additional lots will give the school system the opportunity to plan and deal with the growth
in this area (an elementary school sight currently being sought).
Based on all of these issues, staff recommends approval of the request.
PLANNING BOARD ACTION: On July 11, 2007, the Planning Board voted 6-4 to recommend
approval of this request and to advise that it is consistent with the County Land Use Plan.
Lee Easter (advocate) said discussions had been occurring with the Iredell-Statesville
School System, and two schools, with a possibility of three, might be placed on the acreage.
Elizabeth Mills (position) said the traffic situation needed to be corrected before
approval of the request.
Commissioner Robertson asked what Phase (school construction plan) included the
proposed new school.
Smith said Phase III.
Deputy County Manager Blumenstein agreed -- it would probably be in Phase 111.
Commissioner Robertson voiced concerns about the number of homes and the projected
number of new students.
Chairman Norman asked if the projected student enrollment counts had been obtained
from the school system.
Smith said yes.
Commissioner Williams said construction costs for the three needed schools would be a
hundred million dollars.
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MOTION by Commissioner Johnson to approve the zoning map amendment and to make
a finding that the approval is consistent with the adopted County Land Use Plan and that said
approval is reasonable and in the public interest due to its consistency with the County Land Use
Plan; as a result, said approval furthers the goals and objectives of the County Land Use Plan.
VOTING: Ayes -3; Nays -2 (Williams & Robertson)
CONSENT AGENDA
MOTION by Commissioner Tice to approve the following eleven consent agenda items.
VOTING: Ayes — 5; Nays — 0.
(All requests were presented during the agenda briefing.)
1. Request to Call for a Public Hearing on September 4, 2007 at 7:00 PM, Regarding a
Release of Zoning Jurisdiction to the Town of Mooresville for Property in/around the Area
Identified as 275 Cornelius Road, Mooresville, NC
2. Request for the Updating of the Iredell County Plat Review Officer List by Adding
Elinor Hiltz, Ron Smith, Michael Harper, and Lauren Page: The corrected list will be as
follows:
IREDELL COUNTY PLAT REVIEW OFFICER LISTING
IREDELL COUNTY: Steve Warren
William Allison
Rebecca M. Harper
Elinor Hiltz
Ron Smith
Matthew Todd
Barry Whitesides
TOWN OF MOORESVILLE: Timothy D. Brown
Craig Culbertson
Michael Harper
Jim King
CITY OF STATESVILLE: David Currier
Sherry Ashley
Elaine Anthony
TOWN OF TROUTMAN: Emily Jackson
Lauren Page
3. Request for Approval of a Permanent Utility Easement at the new Mooresville
Intermediate School: As was explained by David Dutton, the Director of Business Services for
the Mooresville Graded School System, this will be a permanent utility easement (50'-0") and
temporary construction easement for the educational village site.
4. Request for Approval of Renewal Leases with Crossroads Behavioral Healthcare for
the Hwy. 21 North/Turnersburg Road Facility and the 231 Twin Oaks Road Site: Both
leases will be for a five-year period commencing on October 1, 2007 and ending on
September 30, 2012.
5. Request for Acceptance of the 2006 Annual Tax Settlement and the Issuance of
2007 Tax Orders for the Tax Collector and Sheriff: Tax Collector Bill Furches summarized
the following settlement in accordance with N.C.G.S. 105-373.
2006 Taxes
Real & Pesonal Levy $65,205,273.69
Motor Vehicles 6,298,933.76
Add: Discoveries 1,215,569.35
Deduct: Releases & Write offs (362,749.70)
$72,357,027.10
Collections 70,038.899.95
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2006 Outstanding Taxes $2,318,127.15
Collection Rates:
All Property 96.80%
Excluding Motor Vehicles 97.58%
Motor Vehicles 88.54%
Delinquent Taxes:
Collections $1,832,266.64
Delinquent Taxes Outstanding $2,747,540.78
2007 Taxes Collected $ 328,125.44
The Numbers
Collected $8,173,115 more in Iredell County taxes than previous year - up 13.2%
Collected $1,876,072 more than was budgeted - 102.66% of budget
Collected for all jurisdictions $112,791,283 - up 13.5% -- $13,420,185 more than previous year
Tax Collection Actions
Vehicle Tags Blocked
27,179
Tax Statements
3,223
Credit Agency
2500
EBT Setoff
1,868
Garnishments
1,371
Payment Arrangements
231
Lien Holder Letters
82
Bank Attachments
62
Foreclosures Processed
26
Tax Collection Problems
Bankruptcies 221 for $791,255 Foreclosures 900
Vehicle Taxes 8.65% of total levy — 30.9% of delinquencies - $717,277
STATE OF NORTII CAROLINA ( )
( ORDER )
COUNTY OF IREDELL ( )
TO: THE SHERIFF OF THE COUNTY OF IREDELL
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the
Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers
likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective
taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you
to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law.
STATE OF NORTH CAROLINA ( )
( ORDER )
COUNTY OF IREDELL ( )
TO: THE TAX COLLECTOR OF THE COUNTY OF IREDELL
You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the
Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers
likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective
taxpayers in the County of Iredell, and this order shall be a full and sufficient authority to direct, require and enable you
to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law.
6. Request for the Appointment of Shannon Lester as a Deputy Tax Collector with a
term extending through June 30, 2008: Lester has completed the Fundamentals of Property
Tax Collections course through the School of Government. This appointment will allow Ms.
Lester to sign her own work (garnishments and bank attachments).
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7. Request for Approval of a Contract with Interstate Credit Collections: Tax Collector
Bill Furches recommended approval of this contract. He said the method differences used by
this company compared to other companies were that delinquent taxpayers would have their
accounts reported to the three credit agencies (Equifax, Experian, and Trans Union). Furches
said Interstate would also have the capability of tracking delinquent taxpayers who lived out of
state.
8. Request for Approval of a Three -Year Service/Maintenance Contract for the DSS
Building's HVAC System: Facility Services recommends Johnsons Controls for the elevator service at
a cost of $4,747.50 per quarter (total annual cost $18,990).
9. Request for Approval to Enlarge the Animal Grievance Committee by Adding an
Alternate Position: At the present time, this committee has five members. Due to not having a
meeting quorum occasionally, an alternate position was added.
10. Request for Approval of a Proclamation Recognizing Mr. James Keith Jurney: The
following proclamation was approved. (Mr. Jurney will be recognized on Sunday,
August 26, 2007, at Friendship United Methodist Church and the proclamation will be presented
to him at that time.)
Proclamation
Recognizing
James Keith Jurney
WHEREAS, one of the greatest pleasures provided to the Iredell County Board of
Commissioners is the opportunity to recognize citizens who have distinguished themselves and
provided service to their country; and
WHEREAS, one such individual worthy of recognition is Mr. James Keith Jurney, a true
member of what has been coined, "The Greatest Generation;" and
WHEREAS, James Keith Jurney has amassed over 25 years of honorable and
commendable service in the United States Army; and
WHEREAS, James Keith Jurney has notably and courageously served his country not
only in World War II, but also in the Korean War, and the Vietnam War; and
WHEREAS, during Mr. Jurney's military career he was awarded the World War II
Victory Medal, the American Campaign Medal, the Asiatic -Pacific Campaign Medal, the
Philippine Liberation Ribbon, the Korean Service Medal, the United Nations Service Medal, the
Master Army Aviator Badge, the Armed Forces Reserve Medal, the National Defense Service
Medal, the Vietnam Service Medal, the National Defense Service Medal with one Oak Leaf
Cluster, the Republic of Vietnam Cross of Gallantry with Palm, and 21 Air Medals.
NOW, THEREFORE, BE IT PROCLAIMED, that the Iredell County Board of
Commissioners takes pride in recognizing James Keith Jurney for his admirable military service,
his significant accomplishments during his career, and his personal sacrifices in contributing to
the greatness of the United States of America.
11. Request for Approval of the July 24, 2007 Minutes
END OF CONSENT AGENDA ---------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Adult Care Home Community Advisory Committee (1 announcement)
Nursing Home Advisory Committee (I announcement)
APPOINTMENTS TO BOARDS & COMMISSIONS
Mooresville Planning Board (ETJ) (1 appointment) MOTION by Commissioner Tice to
postpone this appointment until the August 21, 2007 meeting.
VOTING: Ayes — 5; Nays — 0.
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Statesville Planning Board (ETJ) (1 appointment): MOTION by Commissioner Johnson
to postpone this appointment until the August 21, 2007 meeting.
VOTING: Ayes — 5; Nays — 0.
Troutman Planning/Zoning Board (ETJ) (1 appointment): Commissioner Tice
nominated Paul Hultberg.
MOTION by Chairman Norman to appoint Hultberg by acclamation.
VOTING: Ayes — 5; Nays — 0.
were submitted, and Commissioner Tice made a
the August 21, 2007 meeting.
VOTING: Ayes — 5; Nays — 0.
le (2 appointments) No nominations
to postpone the two appointments until
Nursing Home Advisory Committee (4 appointments): No nominations were submitted,
and Commissioner Williams made a motio to postpone the four appointments until the
August 21, 2007 meeting.
VOTING: Ayes — 5; Nays — 0.
Animal Grievance Committee (2 appointments): Commissioner Williams nominated
Buddy Hemric and Grant Miller (alternate) to this committee.
Chairman Norman closed the nominations and made a motio to appoint Hemric and Miller
(alternate) to the committee by acclamation.
VOTING: Ayes — 5; Nays — 0.
Recreation Advisory Board (1 appointment): Commissioner Williams nominated Mike
Tsitourus.
Chairman Norman made a motion o appoint Tsitourus by acclamation.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: Commissioner Tice made a motion to adjourn the meeting at 10:50
p.m. (NEXT MEETING: Tuesday, August 21, 2007 at 5 and 7 p.m. in the Iredell County
Government Center, 200 South Center Street, Statesville, NC.)
VOTING: Ayes — 5; Nays — 0.
Approved:
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Clerk to the Board