HomeMy WebLinkAboutFebruary 6 2007 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
FEBRUARY 6, 2007
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
February 6, 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, Acting
Planning Director Steve Warren, and Clerk to the Board Jean Moore.
CALL TO ORDER by Chairman Norman
INVOCATION by Commissioner Johnson
PLEDGE OF ALLEGIANCE
ADJUSTMENTS OF THE AGENDA: The following agenda adjustment was
made:
Deletion: Unfinished Business - Case No. 0611-3 (J.C. Faw Property) A Request to
Rezone Property from Residential Agricultural & Neighborhood Business -
Conditional Use District to Neighborhood Business (Location: Corner of
Brawley School Road and Drye Drive in Mooresville, NC). This case was
postponed from the December 5, 2006 & January 2, 2007 meetings. The public
hearing was adjourned at the December 5 meeting. Due to the applicant (Eric
Wood) not being ready to present additional information, the item was deleted
from the agenda. The applicant will be contacted by Acting Planning Director
Steve Warren and instructed to notify the county when the information is
available.
Presentation of Annual Reports from the Nursing and Adult Care Home
Community Advisory Committees: Centralina Ombudsman Cindy Kincaid recognized
Jayne De -Pointe Johns, Kathy Smith, Ruth Waters, Linda Piraino, and Janet Hall, all
members of the committees, along with Evie Caldwell, a prospective member. Kincaid said
Anna Rice (Council on Aging), Dan Stafford (Social Services), and Kelly McMillan (Social
Services), served as backup representatives. She said that in Centralina's nine -county area,
there were 250 volunteers advocating on behalf of the residents, and the members received
15 hours of initial training along with 8 on-going instructional hours.
Kincaid said the Ombudsman program provided assistance in the interpretation of
state laws, rules, and regulations for nursing/adult care homes, plus there was training,
technical assistance, and guidance in complaint resolution. She said the nine -county area
had 15,000 long-term care beds, the largest in the state, with Iredell County alone having 739
nursing home beds and 774 adult care home beds. Ms. Kincaid said committee activities
consisted of hosting a resident rights celebration, visitation of the homes, both as mandated
visits and "friendly" visits, and providing supplies and assistance in the coordination of other
community volunteers.
Mrs. Kincaid added that more appointees were needed for both committees.
PUBLIC HEARINGS
Chairman Norman declared the meeting to be in a public hearing.
CASE NO. 0701-1: GFI Investment Group, LLC Requests to Rezone Property
from RA, Residential Agricultural to GB, General Business: Acting Planning Director
Steve Warren explained the following staff report for this case.
CASE NO. 0701-1
OWNER /APPLICANT: GFI Investment Group, LLC
PO Box 1112
Cornelius, NC 28031
(704)634-2000
LOCATION: Southern quadrant of Buffalo Shoals Road and Old Mountain
Road in Statesville, NC; more specifically identified as PIN# 4722-37-4634.
Directions: West on Old Mountain Road from Troutman; property on left
just before Buffalo Road intersection.
• REQUESTED ACTION: Rezone subject parcel from RA,
Residential Agricultural to GB, General Business.
PROPOSED USE: Any and all GB uses.
SIZE: 1.0 acres.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Commercial uses are north of site and
directly across Old Mountain Road, with residential uses to south and east.
WATERSHED REGULATIONS: The subject parcel is located within the
WSIV Protected Area.
TRAFFIC: A section of Old Mountain Road just south of the Buffalo Shoals
Road had an average of 7,100 vehicles per day in 2005; according to the
1993 Iredell County Thoroughfare Plan, this section of Old Mountain Road
has a carrying capacity of 12,000 vehicles per day.
ZONING HISTORY: The subject parcel was zoned RA when countywide
zoning took effect in 1990. Seven rezoning cases have occurred at the
intersection of Old Mountain Road and Buffalo Shoals Road since December
of 1996, and they were approved for either General Business or Highway
Business zoning. The most recent rezoning was approved in March of 2001
for HB -CUD to allow for mini -warehouses.
STAFF COMMENTS: The Iredell County Land Use Plan identifies this area
as suitable for future commercial development. The applicant has chosen the
GB District classification, which allows for a greater range of commercial
uses and is similar to other nearby commercial properties. Several parcels
located at the intersection of Buffalo Shoals Road and Old Mountain Road
are zoned commercial and staff recommends in favor of this request. Staff
would like to bring attention to the required buffer widths for this parcel if
this request is approved. A 30 -foot buffer is required along all property lines
abutting a residential zoning district, which will only allow for a 40 foot wide
buildable area.
PLANNING BOARD ACTION: On January 3, 2007, the Planning Board voted 10-
0 to recommend approval of this request and to advise that it was consistent with the
Iredell County Land Use Plan.
Anthony Colletti, the applicant, offered to answer any questions.
No one else desired to speak, and Chairman Norman adjourned the hearing.
MOTION by Commissioner Johnson to approve the zoning map amendment and to
make a finding that approval was consistent with the adopted Iredell County Land Use Plan
and that said approval was 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.
VOTING: Ayes — 5; Nays — 0.
Chairman Norman declared the meeting to be in a public hearing, and Attorney Pope
administered the oaths to the persons desiring to speak about Case No. 0701-2.
CASE NO. 0701-2: South Iredell Community Development Corporation Requests
to Rezone Property from RA, Residential Agricultural to M-2(CUD), Heavy
Manufacturing Conditional Use District: Acting Planning Director Steve Warren
presented the following staff report for this case.
CASE NO. 0701-2
OWNER /APPLICANT: South Iredell Community Development Corp.
PO Box 628
Mooresville, NC 28115
(704)664-6922
LOCATION: Located between Mazeppa Road and Mt Ulla Highway
northeast of Mooresville, NC; more specifically identified as PIN# 4668-99-
9013 and 4668-98-5395. Directions: Take Mt Ulla Highway north from
Mooresville; turn left onto Wallaces Grant Drive until reaching end.
• REQUESTED ACTION: Rezone subject parcels from RA,
Residential Agricultural to M-2 CUD, Heavy Manufacturing
Conditional Use District
PROPOSED USE: M-2 with prohibited uses, buffer, and access restriction
(conditions as attached).
SIZE: 16.4 acres.
EXISTING LAND USE: Residential and vacant.
SURROUNDING LAND USE: Industrial uses are north of site and with
residential uses to south and east. Vacant industrial land sits adjacent to the
west.
WATERSHED REGULATIONS: The subject parcels are located within the
WS II -Balance of watershed.
TRAFFIC: The section of Mt Ulla Highway just north of NC Hwy 150 had
an average of 6,200 vehicles per day in 2005; according to the 1993 Iredell
County Thoroughfare Plan, this section of Mt Ulla Highway has a carrying
capacity of 9000 vehicles per day.
ZONING HISTORY: The subject parcels were zoned RA when countywide
zoning took effect in 1990. A majority of property located southeast of
Mazeppa Road and along Mooresville Boulevard has an industrial zoning
classification of M-2 CUD, with several parcels being annexed into the town
limits of Mooresville.
STAFF COMMENTS: The Iredell County Land Use Plan identifies this area
as suitable for future industrial development. The applicant has chosen the
M-2 CUD classification, which allows for the most intensive industrial uses
and corresponds to an adjacent property zoned M-2 CUD, but has chosen to
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eliminate the most noxious industrial uses, add a buffer along residential
areas, and restrict access to Wallaces Grant Drive. Several parcels located to
the north and west of the parcels are zoned for and occupied by heavy
industrial uses. Staff recommends in favor of this request.
PLANNING BOARD ACTION: On January 3, 2007, the Planning Board
voted 10-0 to recommend approval of this request and to advise that it is
consistent with the Iredell County Land Use Plan.
1) Prohibited Uses for CASE NO. 0701-2:
• Automobile Junk Yards
• Scrap Metal Dealers
• Auto Repair Garages
• Coal & Wood Yards
• Cotton Gins
• Cotton Waste Processing
• Feed & Seed Dealers
• Fertilizer Manufacturing
• Flour & Seed Mills
• Hatcheries
• Livestock Sale Barns
• Meat Packing and Poultry Processing Plants
• Tire Recapping Businesses
• All Special Exceptions
• Quarries
• Explosive Manufacturers
• Foundries that are fired by coal or fuel oil
• Animal Rendering Operations
2) A 30 foot buffer to abutting residential lots and screening to be included at residential buffer
areas once lots change to industrial use.
3) Wallaces Grant Drive to be used for emergency access or egress, only.
Keith Klopo, an economic developer for the South Iredell Community Development
Corporation, said the property would be added to larger tracts in the business park and then
promoted for development. He said the corporation had met all the requirements for the
rezoning, and he requested approval.
Due to no one else desiring to speak, Chairman Norman adjourned the hearing.
MOTION by Commissioner Robertson to approve the zoning map amendment and
to make a finding that approval was consistent with the adopted Iredell County Land Use
Plan and that said approval was 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.
VOTING: Ayes — 5; Nays — 0.
Chairman Norman declared the meeting to be in a public hearing.
CASE NO. 0701-3: Abilene Church of Christ Requests to Amend the Iredell
County Land Use Plan & Rezone Property from R-20, Single Family Residential to
GB, General Business: Acting Planning Director Steve Warren presented the following
staff report for this case.
CASE NO. 0701-3
OWNER: Abilene Church of Christ APPLICANT: Columbia Development, LLC
120 Bell Farm Road PO Drawer 10325
Statesville, NC 28625 Greensboro, NC 27404
(704) 872-7082 (336) 855-5555
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AGENT: Joyce Bell
Caldwell Banker
(704)872-0923
LOCATION: Located south of the intersection of Vance PO Road and
Mocksville Highway in Statesville, NC; more specifically identified as a
portion of PIN# 4765-42-1896 that is to be recombined with an adjacent
parcel to the north. Directions: Take East Broad Street to Mocksville
Highway, turn right and site is on right just past Vance PO Road.
• REQUESTED ACTION: Rezone a small portion of land,
approximately 0. 15 acres from R-20 to GB and amend the Iredell
Land Use Plan.
PROPOSED USE: Retail store
SIZE: 0.15 acres, an approximately 45' X 145' area.
EXISTING LAND USE: Vacant
SURROUNDING LAND USE: Vacant property on all sides with gas station
across Mocksville Highway.
WATERSHED REGULATIONS: The subject parcel is not located within a
water shed.
TRAFFIC: This section of Mocksville Highway had an average of 7,700
vehicles per day in 2005; according to the 1993 Iredell County Thoroughfare
Plan, this section of Mocksville Highway has a carrying capacity of 12,000
vehicles per day.
ZONING HISTORY: The subject parcel was zoned to R-20 when
countywide zoning took effect in 1990. A rezoning was approved in
December of 1986 to change several parcels west of Vance PO Road and
south of Mocksville Highway from R-20 to Community Business. A more
recent request was approved in April of 2001 to rezone a parcel northwest of
the Bell Farm Road and Mocksville Highway intersection from R-20 to GB.
General Business zoning is the predominate zoning along the Mocksville
Highway corridor at the Vance Road and Bell Farm Road intersections.
STAFF COMMENTS: The applicant is seeking to rezone this small portion
that is to be recombined with an existing parcel that fronts Mocksville
Highway. The applicant's site plan requires this additional GB zoning to
accommodate a planned retail store and associated buffer area. Staff is
recommending for this request since the planned retail store would be in
conformance with the Iredell County Land Use Plan and the required plan
amendment is necessary for this small sliver of land that will serve as the
buffer yard and support the rear wall of proposed building.
PLANNING BOARD ACTION: On January 3, 2007 the Planning Board
voted 10-0 to recommend approval for both the land use plan amendment and
rezoning request.
No one else desired to speak, and Chairman Norman adjourned the hearing.
MOTION by Commissioner Williams to amend the Iredell County Land Use Plan.
VOTING: Ayes — 5; Nays — 0.
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MOTTO by Commissioner Williams to approve the proposed zoning map
amendment and to make a finding that approval was consistent with the adopted Iredell
County Land Use Plan and that said approval was 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.
VOTING: Ayes — 5; Nays — 0.
Chairman Norman declared the meeting to be in a public hearing, and Attorney Pope
administered the oaths to all persons desiring to speak in regards to Case No. 0701-4.
CASE NO. 0701-4: Marian Properties, Inc., Requests to Modify Zoning
Conditions for an Existing GB -CUD, General Business Conditional Use Permit:
Acting Planning Director Steve Warren presented the following staff report for this case.
CASE NO. 0701-4
OWNER /APPLICANT: Marlan Properties, Inc.
1156 Perth Road
Troutman, NC 28166
(704) 528-7400
LOCATION: Located at 1156 Perth Road in Troutman, NC; more
specifically identified as PIN# 4730-72-5706. Directions: Take North Main
Street south into Troutman, turn right on to Wagner Street as it continues as
Perth Road, property is on right at lake.
• REQUESTED ACTION: Modify zoning conditions for existing GB -
CUD, General Business Conditional Use Permit (See attached
conditions).
PROPOSED USE: GB uses and conditions as listed.
SIZE: 1.62 acres.
EXISTING LAND USE: Dock and pier building business.
SURROUNDING LAND USE: Dry dock storage facility to west, vacant and
residential uses to north, vacant property to east across Perth Road, and Lake
Norman along southern property line with residential properties on opposite
shoreline.
WATERSHED REGULATIONS: The subject parcel is located within the
WSIV Critical Area.
TRAFFIC: This section of Perth Road, just south of State Park Road, had an
average of 6,200 vehicles per day in 2005, and according to the 1993 Iredell
County Thoroughfare Plan, this section of Perth Road has a carrying capacity
of 12,000 vehicles per day.
ZONING HISTORY: This parcel and an adjacent property were rezoned to
RR, Rural Residential in December of 1987. All other properties surrounding
this site have been zoned R-20 since countywide zoning took effect in 1990.
The subject parcel was rezoned to GB -CUD in August of 2001 to allow a
dock building business. The Iredell County Land Use Plan was amended at
that time. An amendment to the conditions was approved February of 2003
to allow for charter cruises to operate from the site. A complete zoning
history is attached to this report.
STAFF COMMENTS: The applicant is seeking to modify the existing GB -
CUD District classification to allow for a major change of conditions to
maximize the current site. Staff is recommending against this request with
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concern that expansion of commercial uses in this area would contribute to
traffic congestion along the Perth Road corridor, which is undergoing rapid
residential development. Staff feels that timing of this request is premature
with regards to the Growth Study still underway for the southern portion of
Iredell County and a final report is still under review. Staff has concern that
this 1.62 acre site may be too small to accommodate all of the required
parking, driveway access, safety for customers, and avoidance of conflict
between multiple uses resulting from continuation of the current dock
building business and possible expansion of uses to include a gas station or
restaurant. This request removes most conditions approved as part of the
initial GB -CUD district in August of 2001. Staff would like to draw attention
to a few provisions proposed to be deleted from the current conditional use
permit: 1) Request was limited to a dock -building facility and boat slips to
be only used by operation, 2) a site specific site plan is required, 3) lighting
oriented away from adjacent residential uses and not directly affect residents
either adjacent or across the cove, 4) hours of operation limited to 8-5
weekdays, 5) no overnight stays permitted on any boat docks in approved
slips, and 6) slips/docks gated and locked when not in use. The minutes from
the August 7, 2001 County Commissioners' meeting states Ron Smith,
Planning Supervisor, indicating that prior use as a convenience store with
boat slips, gas tanks and a grill had been somewhat contentious in the past.
PLANNING BOARD ACTION: On January 3, 2007, the Planning Board
voted 7-3 to recommend approval of this request and to advise that it is
consistent with the Iredell County Land Use Plan.
Zoning History for
Case No. 0701-4
January 1987
— Board of Adjustment, Special Use Permit
o Approved a site specific development plan depicting the following information with the
following conditions:
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Demolish existing boat storage sheds at Skipper's landing
•
Re -grade property
+
Construct a 24,000 square foot building
4
Construct a 20' X 20' remote office
+
Construct a 20' X 24' canopy with a 6' X 6' sign at a height of 26'
•
Landscaping, signs, parking, water & sewer, and facilities shown on submitted
site plans
d
Hours of operation to be limited to 8:00 am until sunset
a
There will be no outside storage of boats or trailers
+
Operate only one gas -powered fork lift and keep it properly muffled
d
The boat storage building must be bricked on the side facing the lake and the
office building must be brick or stone
• December 1987 — Board of Commissioners
o Rezoned 1/3 width of cove to RR, Rural Residential, for the placement of docks and
slips
• January 1988 — Board of Adjustment
o Approved amendments to the previously approved Special Use Permit for the following:
+ Addition of 16 boat slips, a dock, bulk head and fill, boardwalk, rip rap, 3 gazebos, a
25' X 30' addition to the store, a 300 square foot sign, a driveway, a pier extension
(but no further than the bridge), parking, and a variance to allow the boat slips to
extend 83' beyond the 760' contour.
October 1989 — Board of Commissioners
o Request to rezone property from RR to GB (CUD) to allow a restaurant and boat sales
and service resulted in a favorable recommendation from the Planning Board and a tie
vote (and thus a denial) from the Commissioners.
April 1996 — Planning Board
o Request to rezone property from RR to GB for any and all uses in that district.
-Planning Board recommended against this request by a unanimous vote
-Petition with more than 100 names was submitted at hearing.
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•Issues mentioned by the public included, increase of road and lake traffic, no other
marinas were located in a cove, decrease in value of homes in the area, noise, rental
business, storage tanks, and that it was not consistent with land use plan.
-Application was withdrawn May 21, 1996.
August 2001 — Board of Commissioners
o Request to rezone property for RR to GB (CUD) and amend the Iredell County Land
Use Plan.
o A petition with over 100 names was submitted in favor of this request.
o A petition with approximately 100 names was submitted in opposition to this request.
o The request was approved August of 2001 with the following conditions:
a. Request shall be limited to a dock -building facility only with continued usage of the boat
slips by the proposed operation.
b. The development shall adhere to the Site Specific Plan.
C. All loading and equipment/storage yards shall be located only on the western part of the
tract, as per the site plan.
d. All outside storage shall be screened to 90% opaqueness to a height of eight feet (this
should be done with either a solid fence, vegetation, earth berm, or a combination).
e. The outside storage must be screened in a way that would not allow different
elevations to see inside the fence, i.e, if someone were located on a higher elevation
overlooking the site, the storage would have to be hidden so that it would not have a
detrimental effect on the neighbor.
f If metal is designated as the primary building material, the frontage and lake side should
have architectural treatments such as a fapade. All new buildings on the property shall be
in general conformity with the primary building, i.e, materials, architectural treatments,
etc.
g. All fabrication shall take place inside a building or within the screened "yard."
h. Only assembly of pre -fabricated sections may take place on the water. This type of
assembly shall be limited to sections that must be immediately put into the water for
assembly and/or transport.
i. A letter of approval/recommendation from the Lake Norman Marine Commission and
Duke Power shall be required.
j. Lighting should be oriented away from the adjacent residential property owners,
including those across the cove. The primary cone of illumination shall not create a glare
off of the lake and shall not affect adjacent property owners or owners across the lake
either directly or indirectly.
k. New signage shall be limited to that permitted in the Office and Institutional District (60
square feet total with a 24 -foot total for freestanding signs).
1. Hours of operation (8-5 weekdays).
m. All forklifts or heavy equipment would have to be "muffled" and the noise limited.
n. No overnight stays shall be permitted on any boats docked in any approved slips.
o. One slip shall be designated for usage by the Iredell County Sheriffs Department.
p. The slips/docks shall be gated and locked when not in use.
q. The slips/docks shall be cleared of people thirty minutes after sunset.
February 2003 — Board of Commissioners
o Request to modify conditions of the previously approved GB (CUD) request approved in
August of 2001 to add a charter boat service.
o No opposition was present at either the Planning Board or County Commissioners
meetings.
o The following conditions were approved February of 2003 and added to the GB (CUD):
a) Routes of operation — Lake Norman
b) Passenger capacity — 35
c) Boat Size — 14' x 56'
d) Noise level — minimal
e) Hours of operation — when charters are reserved
I) Frequency of operation — when charters are reserved
g) Proximity (distance from) to the shoreline while in operation —150' from dock or
shoreline
h) Sewage disposal and method of disposal — pump out at Blue Parrott or Queens
Landing or mobile unit from Maggie Ann's Marina
i) On shore supporting facilities — existing building or boardwalk area
January 2007 — Planning Board
o The current request is to modify the existing GB (CUD) to remove most of the stated uses
and conditions and to replace them with the following for Case # 0701-4:
Proposed uses limited to:
a) Offices and related office uses
b) Restaurant without drive-thru
c) Convenience store with gas pumps
d) Boat slips rentals with temporary stay
e) Dock building business **(only use currently permitted)**
f) Boat rentals
g) Marina
+ Proposed conditions:
h) No additional curb cuts
i) Connectivity with adjacent dry storage facility
j) Outside lighting will meet RPO standards
k) New signage shall be limited to that permitted in the 0-1 district (60 square feet total
with a 24 foot total height for freestanding signs)
1) Limitation of private usage of boat ramp.
Commissioner Tice asked if there had been any opposition at the planning board
meeting.
Warren said no, and as a matter of fact, some nearby residents had spoken favorably
about the request.
Mark Lancaster, the owner/applicant, said the business had grown over 100% this
past year, and he desired to retain the employees and the work base at this particular site.
Lancaster said he allowed many agencies (Sheriffs Department, Wildlife Agency,
Volunteer Fire Departments) to use the boat ramps, and the business had been a good
neighbor. Mr. Lancaster said he planned to construct a home on a nearby lot, and he
wouldn't place anything detrimental in the area.
Dan Dalton, a property owner across Skipper's Cove, spoke in favor of the request
and said Mr. Lancaster had assisted in keeping the area "clean and safe."
No one else desired to speak, and Chairman Norman adjourned the hearing.
OTION by Commissioner Tice to approve the zoning map amendment and to
make a finding that approval was consistent with the adopted Iredell County Land Use Plan
and that said approval was 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.
VOTING: Ayes — 5; Nays — 0.
Chairman Norman declared the meeting to be in a public hearing, and Attorney Pope
administered the oaths to the persons desiring to speak in regards to Case No. 0701-5.
CASE NO. 0701-5: Dala Casa Landscaping & Designs, LLC Requests to
Amend the Iredell County Land Use Plan & to Rezone Property from RA, Residential
Agricultural to HB -CUD, Highway Business Conditional Use District: Acting
Planning Director Steve Warren reviewed the following staff report for this case.
CASE NO. 0701-5
OWNER: Dala Casa Landscaping APPLICANT: Anthony D'Alessandro
& Designs, LLC 19141 Kanawha Drive
19141 Kanawha Drive Cornelius, NC 28031
Cornelius, NC 28031 (704) 682-9979
(704)682-9979
LOCATION: Located on Bethesda Road in Statesville, NC on the north side
of Third Creek; more specifically identified as PIN# 4762-56-2574.
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Directions: Salisbury Highway east from Statesville, turn right onto
Bethesda Road, property is on left just before bridge over Third Creek.
REQUESTED ACTION: Rezone subject parcel from RA, Residential
Agricultural to HB -CUD, Highway Business Conditional Use and amend the
Iredell County Land Use Plan.
+ Use limited to only a landscaping operation with associated office,
equipment, materials, and storage.
4. Signage will be limited to 36 square foot sign.
4 Hours of operation will be limited to lam to 7pm and closed on
Sunday.
d. No retail sales to general public.
PROPOSED USE: Landscaping and nursery business with conditions (see
attached).
SIZE: 15.46 acres.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Vacant land borders this site on the north,
south, and west with residential uses to the east.
WATERSHED REGULATIONS: The subject parcel is not located within an
watershed area.
TRAFFIC: A section Bethesda Road just north of Oswalt Amity Road had
an average of 1,800 vehicles per day in 2005.
ZONING HISTORY: The subject parcel, as well as all surrounding property,
has been zoned RA when countywide zoning took effect in 1990.
STAFF COMMENTS: The Iredell County Land Use Plan identifies this area
as suitable for residential uses. The applicant has chosen the HB -CUD
classification, which allows for this particular use, but has chosen to limit the
district to a specific use with conditions. Applicant has also limited hours of
operation, size of any signage, and to screen the property with evergreen
trees. The Iredell County Land Use Plan will need to be amended for this
proposed rezoning. Staff feels that based upon the proposed conditions and
County Attorney opinion that this request would not be considered illegal
spot zoning, we are now recommending in favor of this Land Use Plan
amendment and rezoning request. Staff would also like to advise that the
subject parcel lays completely within Zone A for Third Creek as shown on
the Flood Insurance Rate Map for Iredell County. The lowest floor for all
non-residential construction must be elevated at least two feet above the
nearest elevation or flood proofed in lieu of elevation.
PLANNING BOARD ACTION: On January 3, 2007 the Planning Board
voted 7-3 to recommend denial for both the land use plan amendment and
rezoning request based upon concerns that this would be an illegal spot
zoning. The Planning Board stated that communication discrepancies were
apparent between staff and the applicant, as well as issues regarding the
recent update to the zoning ordinance text. The Planning Board directed staff
to research the matter further and consult with the applicant to resolve the
issue prior to the public hearing being scheduled for review by the Board of
Commissioners.
Warren said the applicant would not have any retail sales to the general public at the
site. He said since the planning board meeting, new conditions had been agreed upon by the
applicant, and the staff recommended approval.
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Attorney Pope said the courts considered several factors when determining if a
particular zoning constituted a spot. He said some of the factors were size of the tract and
the degree of change. Pope said an example might be placing a rendering plant next to a
residential neighborhood. He said in this example, a larger tract would be needed to
eliminate the perception of a spot Mr. Pope said the landscaping business appeared to him
to be a different type of agricultural use -- not a dramatic change. Pope said this was a
strong factor, and there were others, as to why he felt the courts would not deem this
rezoning to be a spot.
Commissioner Johnson asked Mr. Warren if Attorney Pope's opinion had been
available at the planning board meeting, along with the limitation on retail sales, if a
different recommendation might have been given.
Warren said a different decision probably would have been made.
Peter Casatelli, a partner in the landscaping company, offered to answer any
questions.
Commissioner Robertson asked if the business would actually be planting trees in
the ground at the site.
Casatelli said maples and birch trees would be planted in the ground but small
shrubs would start out in miniature pots. He said later the shrubs might be planted in the
ground for more growth before replanting them at the job site.
Robertson said the traffic near the site wouldn't increase that much with the
limitation on retail sales.
Casatelli said there wouldn't be any traffic with the exception of the company's two
trucks. He said Third Creek flowed along the property, and water would be pumped to
irrigate the trees and plants. Mr. Casatelli said that when a zoning book was initially
purchased, landscaping operations were included in the residential district. He said this had
resulted into a miscommunication with the planning/zoning office.
No one else desired to speak, and Chairman Norman adjourned the public hearing.
OTION by Commissioner Robertson to amend the Iredell County Land Use Plan.
VOTING: Ayes — 5; Nays — 0.
MOTIO by Commissioner Robertson to approve the proposed zoning map
amendment and to make a finding that approval was consistent with the adopted Iredell
County Land Use Plan and that said approval was 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.
VOTING: Ayes — 5; Nays — 0.
Commissioner Johnson mentioned the miscommunication that occurred about this
request, and he encouraged the county planning staff to review the ordinance as it related to
landscaping businesses.
Chairman Norman declared the meeting to be in a public hearing.
CASE NO. 0707-6: Elbert C. & Charles Griffin Request to Rezone Property
from RA, Residential Agricultural to GB, General Business: Acting Planning Director
Steve Warren reviewed the planning staff report as follows.
CASE NO. 0701-6
OWNER: Elbert C & Charles Griffin AGENT: Gerald V Grant
6022 Unionville -Brief Rd PO Box 268
Monroe, NC 28110 Statesville, NC 28687
(704) 753-1720 (704) 872-3136
LOCATION: 124 Tarlton Road in Statesville, NC; more specifically
identified as PIN# 4715-17-6811. Directions: West on US Highway 64 from
Statesville; turn right on Tarlton Road, property on immediate left.
REQUESTED ACTION: Rezone balance of parcel, approximately 1.8 acres,
from RA, Residential Agricultural to GB, General Business.
PROPOSED USE: Any and all GB uses.
SIZE: 6.65 acres.
EXISTING LAND USE: Vacant.
SURROUNDING LAND USE: Commercial uses are north of site, with residential
uses and vacant land to south, east, and west.
WATERSHED REGULATIONS: The subject parcel is not located within a
protected watershed.
TRAFFIC: Tarlton Road had an average of 520 vehicles per day in 2004 and US
Highway 64 just west of NC 90 had an average of 7500 vehicles per day in 2005.
ZONING HISTORY: The subject parcel has been partially zoned GB since
countywide zoning took effect in 1990. Four rezoning cases have occurred northeast
of this site for either GB or M -I zoning classification, with the M-1 district being
approved in December of 1993. The three other rezoning cases were approved as
GB in January 1997, May 2000, and most recently November 2004, which have
been developed as industrial uses.
STAFF COMMENTS: The Iredell County Land Use Plan identifies this area as
suitable for future commercial and industrial development. The applicant desires
that the existing GB District classification be applied to the remainder of the parcel.
Staff recommends in favor of this request since it is consistent with the land use
plan, and the requested zoning will accommodate both commercial and some light
industrial uses.
PLANNING BOARD ACTION: On January 3, 2007, the Planning Board voted 10-
0 to recommend approval of this request and to advise that it is consistent with the
Iredell County Land Use Plan.
Gerald Grant, an engineer employed by the owners, said the property was divided
between General Business (GB) zoning and Residential Agricultural (RA). He said the RA
portion was created when Hwy. 64 was built, and it cut through property originally owned by
011ie Madison and later George Perry. He requested for the property to be zoned GB.
No one else desired to speak, and Chairman Norman adjourned the hearing.
OTION by Commissioner Johnson to approve the zoning map amendment and to
make a finding that approval was consistent with the adopted Iredell County Land Use Plan
and that said approval was 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
VOTING: Ayes — 5; Nays — 0.
-----------------------------------------------CONSENT AGENDA -------------------------------------
OTION by Commissioner Tice to approve the following ten consent agenda items
that were explained during the five o'clock briefing.
VOTING: Ayes — 5; Nays — 0.
12
1. Request from The Stutts Family Limited Partnership for the Release of Zoning
& Subdivision Jurisdiction to the Town of Mooresville for 4.23 Acres (PIN#s 4647-17-
5387, 4647-17-4662, & 4647-09-7429): Acting Planning Director Steve Warren said this
property met the release criteria and the proposed commercial use would require water
sewer from the Town. He continued by saying the Town would consider annexing the
property in June of 2007, and mixed uses were recommended for this part of the River
Highway Corridor. Warren said the Town already had jurisdiction for three corners at the
site, and all of them were in commercial use.
2. Request from the Tax Collector for Acceptance of a Report that shows Unpaid
2006 Taxes that are Liens on Real Property & Approval to Advertise the Real Property
Tax Liens on March 14, 2007: Tax Collector Bill Furehes presented a report of all unpaid
2006 taxes (total of $6.4 million) that were liens on real property. He suggested an
advertising date of March 14 and said this was about four weeks earlier than previous years.
Mr. Furches said the General Statutes had been amended, and the name published in the
newspaper would be the property owner when the taxes became delinquent, rather than the
January 1, 2006 owner. He mentioned that tax collection revenues were ahead of last year.
3. Request for Approval of Budget Amendment #27 in the Amount of $29,400 for
the Recognition of Additional Criminal Justice Partnership Program (CJPP) Funds to
be Used for Program Enhancements: Appropriate Punishment Options Director Pam
Navey advised that a $29,400 grant had been awarded to the CJPP, and it would be used for
the following:
Training Institute
$ 900
Contract Group Facilitation for Employability & Workplace
Survival Skills
3,000
Additional Anger Management Skills
2,000
Onsite training (Survival Skills for Women and Men)
4,500
Partnership Training Institute Host Operating Cost
12,000
Program manuals
1,500
Workplace Survival Skills Curriculum for clients
2,500
Two Computers
2,400
Two Printers
600
$29,400
Navey announced that Appropriate Placement Options, Inc., had been selected as a
corporate name change for her organization.
4. Request for the Implementation of the NACo Prescription Discount Program &
Approval/Execution of a Contract with Caremark PCS Health, L.P.: County Manager
Mashburn said the National Association of Counties (NACo) membership allowed Iredell
County to participate in a managed phannacy benefit that could average a 20% savings on
prescription drugs for citizens using a discount Rx card. He mentioned that many area
pharmacies participated in the program, and about one-third of North Carolina counties were
enrolled. Mashburn said the program's implementation would take about 10-12 weeks, and
a formal public announcement could occur at the April 17 board meeting.
5. Request for Approval of Budget Amendment #28 for $28,000 to Increase the
Amount Budgeted for Low Cost Spay and Neuter Fees & Appropriate for Additional
Veterinary Fees: Assistant County Manager Tracy Jackson said the spay neuter program
had exceeded expectations with $8,000 in participant fees being collected over the budgeted
amount. He said the department's professional services (veterinarian) line item needed
$28,000 of additional funds to pay for the spay/neuter fees.
6. Request from the Solid Waste Department for the Awarding of a Bid for
Two New 2007-08 Road Tractors: Purchasing Agent Dean Lail said five sealed bid
responses were received for Mooresville Transfer Station road tractors. He said the low
bidder was Freightliner Mercedes with a base bid of $79,981 per vehicle with additions
totaling $3,937 for a total of $83,918 per tractor. He said the total approved budget was
13
$190,000.00, and the staff recommended the low bid at a total purchase price of $167,836.
(Solid Waste Director David Lambert also attended the briefing session.)
A listing of the received bids is as follows:
The bid was awarded to Freightliner Mercedes (engine) at $167,836.
7. Request from the Library for Approval to Apply for Telecommunications
Service Discounts Under the Federal Communications Commission's (FCC) E -Rate
Program: Library Director Steve Messick said a $27,321 savings could be realized if the
county applied for E -rate discounts. Messick said the FCC added a fee to all telephone bills,
and if Iredell County did not apply, the funds would go elsewhere in the state.
8. Request from the Library for Approval to Apply for a "Strengthening Public &
Academic Library Collections" Grant from the North Carolina State Library:
Library Director Steve Messick said this grant would be for 100 "Read -to -Me Bags." He
said the canvas bags would contain ten pre -selected children's books to make it easier for
parents to check out for young children. Messick said the grant required a $2500 local
match, and the "Friends of the Library" organization had agreed to supply this money. Mr.
Messick said the grant and match would total $12,500.
9. Request for Approval of a Plan to Reorganize the Planning & Enforcement
Department: County Manager Joel Mashburn requested approval of the following actions:
• Transfer from Facility Services to the Planning Department the funds/position
previously held by Director of Support Services Jim Vernon, now retired. The new position
will be classified as the Director of Planning and Development at a Job Grade 80; with a
salary range of $58,184 to $90,244. (Hiring Range to be $75,000 to $82,000.)
• Reclassify the position (Director of Inspections - Job Grade 75, Step 79)
presently held by Lynn Niblock to a Director of Code Enforcement and Special Projects -
Job Grade 77, Step 74.
Mashburn said no new money would be needed due to the lapsed salary funds from
Mr. Vernon's position.
10. Request for Approval of the January 16, 2007 Minutes
OF CONSENT AGENDA -----------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Animal Grievance Committee (1 announcement)
Nursing Home Advisory Committee (1 announcement)
14
FRIEIGHTLINER
STERLING
INTERNATIONAL
INTERNATIONAL
VOLVO Piggyback
ENGINE YEAR MODEL
MERCEDES 2007
DETROIT 2008
CAT 2007
CUMMINS 2007
VOLVO 2006
ORIGINAL BID
$
79,981.00
$ 80,590.00
$
83,170.78
$
83,170.78
13,000 LB. FRONT AXLE
$
137.00
$ -
$
520.00
$
520.00
INC
INCREASE FRAME RBM
$
675.00
$ 1,689.00
$
997.60
$
997.60
INC
MINIMUM 3,000,000 LBS.
INSTALL PTO PUMP
$
3,125.00
$ 3,690.00
$
2,825.00
$
2,825.00
INC
AND CONTROLS
ENGINE CHANGE
$
(3,478.00)
10 hp below minimum
TOTAL
$
83,918.00
$ 85,969.00
$
87,513.38
$
84,035.38
� $ 88,389.00
The bid was awarded to Freightliner Mercedes (engine) at $167,836.
7. Request from the Library for Approval to Apply for Telecommunications
Service Discounts Under the Federal Communications Commission's (FCC) E -Rate
Program: Library Director Steve Messick said a $27,321 savings could be realized if the
county applied for E -rate discounts. Messick said the FCC added a fee to all telephone bills,
and if Iredell County did not apply, the funds would go elsewhere in the state.
8. Request from the Library for Approval to Apply for a "Strengthening Public &
Academic Library Collections" Grant from the North Carolina State Library:
Library Director Steve Messick said this grant would be for 100 "Read -to -Me Bags." He
said the canvas bags would contain ten pre -selected children's books to make it easier for
parents to check out for young children. Messick said the grant required a $2500 local
match, and the "Friends of the Library" organization had agreed to supply this money. Mr.
Messick said the grant and match would total $12,500.
9. Request for Approval of a Plan to Reorganize the Planning & Enforcement
Department: County Manager Joel Mashburn requested approval of the following actions:
• Transfer from Facility Services to the Planning Department the funds/position
previously held by Director of Support Services Jim Vernon, now retired. The new position
will be classified as the Director of Planning and Development at a Job Grade 80; with a
salary range of $58,184 to $90,244. (Hiring Range to be $75,000 to $82,000.)
• Reclassify the position (Director of Inspections - Job Grade 75, Step 79)
presently held by Lynn Niblock to a Director of Code Enforcement and Special Projects -
Job Grade 77, Step 74.
Mashburn said no new money would be needed due to the lapsed salary funds from
Mr. Vernon's position.
10. Request for Approval of the January 16, 2007 Minutes
OF CONSENT AGENDA -----------------------------------
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Animal Grievance Committee (1 announcement)
Nursing Home Advisory Committee (1 announcement)
14
APPOINTMENTS TO BOARDS & COMMISSIONS
Board of Health (1 appointment): MOTION by Commissioner Robertson to
postpone this appointment until the February 20 meeting.
VOTING: Ayes — 5; Nays — 0.
Adult Care Home Community Advisory Committee (6 appointments):
Commissioner Tice nominated Lynette Daye.
MOTION by Chairman Norman to appoint Daye by acclamation and to postpone the
remaining five appointments until the February 20 meeting.
VOTING: Ayes — 5; Nays — 0.
NursinE Home Advisory Committee (3 appointments): Commissioner Robertson
nominated Evie Caldwell and Dr. Alan Singerman.
MOTION by Chairman Norman to appoint Caldwell and Singerman by acclamation
and to postpone the remaining appointment until the February 20 meeting.
VOTING: Ayes — 5; Nays — 0.
COUNTY MANAGER'S REPORT: County Manager Mashburn reported on the following
items:
• Next month (March) the planning/inspections/fire marshal's offices will move into the
former social services building on North Center Street.
• Mental health offices will soon occupy part of the second floor at the Government
Center South building. (Space on this same floor might also be used by social services.)
• Progress is being made on the new facility services building on Twin Oaks Road.
• An on-line needs assessment survey is being conducted by the Salvation Army & input
from the board members is requested.
CLOSED SESSION: MOTION by Commissioner Tice to enter into closed session
at 8:15 p.m., pursuant to G.S. 143-318.11 (a) (6) — Personnel.
VOTING: Ayes — 5; Nays — 0.
RETURN TO OPEN SESSION AT 8:35 PM
MERIT INCREASES FOR THE COUNTY MANAGER, SHERIFF, AND
REGISTER OF DEEDS: MOTION by Chairman Norman to award a four percent merit
increase to the county manager and sheriff and to award a two -percent increase to the
Register of Deeds.
VOTING: Ayes — 5; Nays — 0.
ADJOURNMENT: MOTION by Commissioner Williams, at 8:36 p.m., to adjourn
the meeting. (NEXT MEETING: Tuesday, February 20, 2007, at 5 and 7 p.m., in the Iredell
County Government Center, 200 South Center Street, Statesville, NC 28687.
VOTING: Ayes — 5; Nays — 0.
Approved:
15
Clerk to the Board