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HomeMy WebLinkAboutDecember 2 2008 Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES DECEMBER 2 2008 The Iredell County Board of Commissioners met in Regular Session on Tuesday, December 2, 2008 at 7:00 P.M., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Board Members Present Chairman Godfrey Williams Vice Chairman Marvin Norman Steve Johnson Scott Keadle Ken Robertson Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Susan Blumenstein, Assistant County Manager Tracy Jackson, Assistant Planning Director Steve Warren, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Williams INVOCATION by Commissioner Johnson PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Norman to approve the following agenda adjustments. Additions: •Closed Session - G.S. 143-318.11 (a) (6) - Personnel *New Business - Crime Lab Legislation VOTING: Ayes — 5; Nays - 0 Chairman Williams declared the meeting to be in a public hearing. Case #0811-1; Request from Sammy & Jane Deal to Rezone Five Acres from Residential Agricultural to Light Manufacturing Conditional District: Assistant Planning Director Steve Warren explained this case as follows: EXPLANATION OF THE REQUEST This is a request to amend the US 70 East Corridor Future Land Use Plan and rezone 5 acres at the end of Fanjoy Road in Statesville from RA, Residential Agricultural Zoning District to M-1 CD, Light Manufacturing Conditional District. The proposed use for the property is the manufacturing of wood or metal products (currently trusses). A conceptual site plan has been provided. OWNER/APPLICANT OWNERS: Sammy & Jane Deal 449 Fanjoy Road Statesville, NC 28625 PROPERTY INFORMATION LOCATION: At the end of Fanjoy Road; more specifically identified as PIN # 4764-31-3744. DIRECTIONS: East on Salisbury Highway, left onto Fanjoy Road, at the end on the left. SURROUNDING LAND USE: This property is surrounded by residential and farming uses. SIZE: The property is 5 acres. EXISTING LAND USE: The parcel is vacant, but has been used as part of a farm in the past. ZONING HISTORY: This property as well as the surrounding property has been zoned RA since county wide zoning was established. OTHER JURISDICTIONAL INFORMATION: The Planning staff has discussed this proposal with the City of Statesville Planning staff, who felt there were other more suitable sites for this use and they do not support the rezoning request. The main issues they had with the request were that it could hinder the future assemblage and/or development of the property, the access to the site is poor, and that it could possibly constitute a spot zoning since the nearest industrial designation is '/z a mile away and that the property is surrounded by residential zoning districts. OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: In 2006, the average number of vehicles per day on Fanjoy Road was 1,400. SCHOOLS: Because this is an industrial rezoning, there should be no implications on local schools. FIRE MARSHAL: This proposal has been reviewed by the Iredell County Fire Marshal's Office. The Fire Marshal's Office has no issues with the proposal. EMS: This proposal has been reviewed by the EMS Director and he had no problems or comments with regards to the request. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning Department for review to develop the property. Zoning requirements such as parking and screening will be reviewed at such time. The Erosion Control division of the Planning and Development Department will review the plan for compliance with the County Soil Erosion & Sedimentation Control Ordinance. STATE: Other than building code, there should be no formai state agency review at this time. 2 CASE# 0811-1�� f RMW RA to M-1 CD `� Current Zoning R-zD ` �Mo RA �. A `l i PUD \o ��- ZONING HISTORY: This property as well as the surrounding property has been zoned RA since county wide zoning was established. OTHER JURISDICTIONAL INFORMATION: The Planning staff has discussed this proposal with the City of Statesville Planning staff, who felt there were other more suitable sites for this use and they do not support the rezoning request. The main issues they had with the request were that it could hinder the future assemblage and/or development of the property, the access to the site is poor, and that it could possibly constitute a spot zoning since the nearest industrial designation is '/z a mile away and that the property is surrounded by residential zoning districts. OTHER SITE CHARACTERISTICS: This property is not located in a water supply watershed. IMPACTS ON LOCAL INFRASTRUCTURE AND/OR FACILITES TRAFFIC: In 2006, the average number of vehicles per day on Fanjoy Road was 1,400. SCHOOLS: Because this is an industrial rezoning, there should be no implications on local schools. FIRE MARSHAL: This proposal has been reviewed by the Iredell County Fire Marshal's Office. The Fire Marshal's Office has no issues with the proposal. EMS: This proposal has been reviewed by the EMS Director and he had no problems or comments with regards to the request. REQUIRED REVIEWS BY OTHER AGENCIES LOCAL: The applicant will have to provide a site plan to the Planning Department for review to develop the property. Zoning requirements such as parking and screening will be reviewed at such time. The Erosion Control division of the Planning and Development Department will review the plan for compliance with the County Soil Erosion & Sedimentation Control Ordinance. STATE: Other than building code, there should be no formai state agency review at this time. 2 FEDERAL: None at this time. STAFF AND BOARD COMMENTS STAFF COMMENTS: The US 70 East Corridor Future Land Use Plan, which was adopted on May 6, 2003, identifies this area as suitable for residential uses. The plan also designated areas for current and future industrial growth. Of the 1261 acres designated for current industrial growth, 19% has not been zoned for industrial uses. Of the 707 acres designated for future industrial growth, 95% has not been zoned for industrial uses. The nearest area identified for industrial uses on the US 70 East Corridor Future Land Use Plan is '/2 mile south on Fanjoy Road. There are no industrial zoning districts on Fanjoy Road in the County's jurisdiction. However, there are properties that are in the City of Statesville's jurisdiction located near the intersection of Fanjoy Road and Highway 70 that are currently zoned for industrial uses. Although the County recently purchased property for the expansion of the landfill nearby, this is a future project and will not take place for at least twenty years. Therefore, it is difficult to ascertain the impact of the purchase at this time. The Planning staff cannot support the proposed rezoning request based on the following: lack of compliance with the US 70 East Corridor Future Land Use Plan, lack of proximity to current or future industrial areas in the plan, lack of support from the City of Statesville Planning staff, and the availability of possible industrial sites nearby along Highway 70 that are already designated for industrial uses. PUBLIC INPUT MEETING: The Public Input Meeting was held on September 30, 2008 at Chapel Hill United Methodist Church at 109 Chapel Hill Lane. Seven people attended the meeting. Their questions and concerns pertained to days of operation, traffic, speed limit, and jobs created. Mostly the attendees seemed to be in favor of having the proposed changes take place. No conditions were added to the petition as a result of the public input meeting. SITE REVIEW COMMITTEE: Jackie Grigg and Thomas Stevens visited this site with the staff on October 21. 2008. PLANNING BOARD ACTION: On November 5, 2008, the Planning Board voted 6-2 to recommend denial of this request and to advise that it is inconsistent with the US 70 East Corridor Future Land Use Plan. Commissioner Johnson said it was assumed the primary problem with the request was the distance to Hwy. 70, and if the site were closer to this highway, the staff would be more inclined to offer a favorable recommendation. Warren said this was correct. He said the half -a -mile distance to the nearest industrially zoned property (in the city limits) was a factor, along with the road being a farm to market two- lane roadway. Mr. Warren said that at the neighborhood meeting, hosted by Mr. Deal, the road condition, as well as the business hours of operation were discussed, and no opposition was voiced by the neighbors. Commissioner Johnson said the hours of operation were not a condition. Warren said this was correct, and the only conditions were (1) the use itself and (2) the site plan. Sammy Deal (owner/applicant) said Fanjoy Road, where the site was located, transported citizens to the landfill, and the roadway shouldn't be an issue. Deal said in addition, the county recently purchased adjacent property, near the site, for landfill expansion. He said the chicken houses were 23 years old, yet they looked new, and the manufacturing facility would not become an eyesore either. Mr. Deal said most of his neighbors were in the audience, and he asked them to stand up to signify that they had no objections. (Approximately a dozen people stood up.) Deal continued by saying the business would create jobs. 3 Commissioner Johnson asked if there would be additional truck traffic, for instance, trucks bringing in supplies/materials for the business. Deal said there would be some, but not that much. He said many trucks seeking the landfill missed the directional signs, and they had to go near the site to a turnaround. Deal said the turnaround had been constructed by the state after he had made the request. He said any increase in truck traffic would be minimal. Chairman Williams asked how many houses were on the road (between the split for the landfill and the cul de sac). Deal said around 13. Commissioner Robertson asked Attorney Pope about the request and spot zoning. Pope said it was close. He said it was a complex determination as to whether something constituted a spot. Mr. Pope said he expected that if the request were placed under a microscope, it could be considered spot zoning. He said one factor that would determine if it were a spot would be the degree of neighbor opposition, and it appeared this was minimal. Pope said this would help mitigate against finding the rezoning as a spot. He said, otherwise, it was fairly obvious that it was a spot. Robertson asked if the cluster of property owners at the end of the road were in attendance. Deal said the people attending the meeting lived on the road and primarily at the end of the roadway. Chairman Williams asked Attorney Pope if there was a statute of limitations on spot zoning, for example, if someone moved into the neighborhood. Pope said there was a 90 -day statute of limitations on zoning challenges. David Moose (advocate) said he was Mr. Deal's closest neighbor, and his in-laws also lived nearby. He said there was truck traffic for the chicken houses, and there wasn't a speed limit on the road. Moose said he did not feel the truck traffic would create a problem. He said, too, that the business would not be detrimental to the neighborhood. Commissioner Robertson directed a question to Steve Warren. He asked if the rezoning would probably be denied by the planning board under the new land use plan. Warren said the staff had completed about 50% of the new plan. He acknowledged that the county recently purchased land adjoining Mr. Deal's property for landfill expansion, but it would be many years before it was utilized. Warren said an opinion, or answer, to the question could not be given at the present time. Commissioner Keadle asked when the current land use plan became effective. Warren said the Highway 70 plan was approved in 2003. Commissioner Keadle said he was in favor of the request. No one else desired to speak, and Chairman Williams adjourned the hearing. OTZON by Commissioner Johnson to amend the US 70 East Corridor Future Land Use Plan, and to approve the zoning map amendment and to make a finding that the approval was consistent with the adopted US 70 East Corridor Future Land Use Plan and that said approval was reasonable and in the public interest due to its consistency with the US 70 East Corridor Future Land Use Plan; as a result, said approval furthers the goals and objectives of the US 70 East Corridor Future Land Use Plan. 4 Mr. Johnson said he didn't feel a land use plan should jeopardize the rights of individuals to use their property in the way they chose, especially if no one was harmed. He said each time debates had occurred on the land use plan, this had been the collective philosophy of the board. Commissioner Robertson asked if the request were conditional. Johnson said the condition would be put into place unless the board amended the motion. He said no further amendments were included in the motion. Robertson said approval meant the owner was restricted to a woods/metal products plant, and any deviation would need further approval. Johnson said an amendment would have to occur in the future. Warren said this was correct. VOTING: Ayes — 5; Nays — 0. ADMINISTRATIVE MATTERS Request for Approval of Budget Amendment #26 for the Appropriation of funds from the Lowe's Charitable and Educational Foundation for a Horticultural Demo Project: Cooperative Extension Director Ken Vaughn said Lowes had provided $5,000 for enhancements to the horticulture project located behind the Agricultural Center. He said the "master gardeners" provided labor for the project that was used for educational and demonstration purposes. MOTION by Commissioner Norman to approve Budget Amendment #26 as presented. VOTING: Ayes — 5; Nays — 0. Request from the Sheriffs Department for Approval to Apply for a Gang Intervention and Prevention Grant: Mike Phillips, with the Sheriff's Office, said $75,000 would be requested in the grant application, and a 25% match was required. He said the match would be derived from seized funds, and the money would continue programs started with past gang intervention grants. OTIO by Commissioner Robertson to approve the request as presented. VOTING: Ayes — 5; Nays — 0. Request from the Sheriffs Department for Approval to Apply for a Technology Improvement Grant: Mike Phillips, representing the Sheriff's Office, said this grant would purchase a new computer and a software program for the crime analyst. Phillips said the equipment would help in crime analysis as well as determining crime trends. He said $15,000 would be requested from the Governors Crime Commission, and a 25% match of $4,000 would be derived from seized funds. MOTIO by Commissioner Norman to approve the request as presented. VOTING: Ayes — 5; Nays — 0. Request from the Sheriff's Department to Approve Budget Amendment #29 for the Purchase of a Training Simulator: Sheriffs representative Mike Phillips said the training simulator was a computer generated simulation whereby officers could be trained in the usage of firearms, tasers, pepper spray and mace. Phillips said the simulator came with scenarios where the officers could be trained on how to handle real-life situations. He said $32,000 in seized funds would be used for the simulator purchase. Phillips added this would be the first unit purchased in North Carolina, and a discount price had been given due to his office being used as a "beta site" to allow other law enforcement departments to view the equipment. 5 MOTIO by Commissioner Keadle to approve Budget Amendment #29 as presented. VOTING: Ayes — 5; Nays — 0. ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (1 announcement) Information & Referral Board (2 announcements) Criminal Justice Partnership Program (9 announcements) Home & Community Care Block Grant Committee (3 announcements) Purchase of Development Rights Committee (2 announcements) Recreation Advisory Board (4 announcements) Zoning Board of Adjustment (4 announcements) APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisory Committee (4 appointments): No nominations were submitted, and Commissioner Robertson made a motion to postpone the appointments until the December 16 meeting. VOTING: Ayes — 5; Nays — 0. Statesville Planning Board (ETJ) (1 appointment): No nominations were submitted, and Commissioner Norman made a motion to postpone the appointment until the December 16 meeting. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (3 appointments No nominations were submitted, and Commissioner Johnson made a iof to postpone the appointments until the December 16 meeting. VOTING: Ayes — 5; Nays — 0. Criminal Justice Partnership Program Committee (1 appointment): No nominations were submitted, and Commissioner Robertson made a Liri to postpone the appointment until the December 16 meeting. VOTING: Ayes — 5; Nays — 0. Mooresville Planning Board (ETJ) (1 appointment): Commissioner Robertson nominated Joseph Thompson. No further nominations were submitted, and Chairman Williams made a uloti6 to close the nominations and appoint Thompson by acclamation. VOTING: Ayes — 5; Nays — 0. NEW BUSINESS Crime Lab Legislation: Commissioner Johnson said a discussion recently occurred with District Attorney -Elect Sarah Kirkman. He said seized funds were recently appropriated to establish a crime lab to eliminate the amount of time and turnover in sending items to the SBI lab. Johnson said Kirkman was of the opinion that the legislation cited specific crime labs, such as the SBI lab, as well as the ones in Mecklenburg and Wake County. He said that because Iredell County was not included in the legislation, the crime lab standing in court might be diminished. In addition, Kirkman was of the opinion that if Iredell County were mentioned in the legislation, the county's ability to gain work from other counties might be enhanced. Johnson said originally, the sheriffs department had promoted the lab by indicating it would produce revenue. 6 MOTIO by Commissioner Johnson to (1) direct the Clerk to the Board to research the legislation to determine the wording, and if necessary (2) draft a letter to the counties legislative delegation to see if an amendment could occur whereby Iredell County might be included in the legislation along with (3) obtain the Chairman's signatures on the letters. Chairman Williams asked why Iredell County was not included. He asked if it was because the county didn't have a lab when the legislation was written. Commissioner Johnson said this was correct -- the legislation was written prior to Iredell County having a crime lab. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT: County Manager Joel Mashburn said a Wellness Fair was conducted on November 19. He said the fair was successful with 583 participants. Mashburn said recognition had been received from the North Carolina Association of County Commissioners for the county's efforts in trying to curb healthcare costs. He said a $4,690 check had been sent from the Association for the wellness program. CLOSED SESSION: MOTION Chairman Williams at 7:30 P.M., to enter into Closed Session for the purpose of discussing a personnel matter pursuant to G.S. 143-318.11 (a) (6). VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION BY MOTION OF CHAIRMAN WILLIAMS AT 8:09 P.M. VOTING: Ayes — 5; Nays — 0.) ADJOURNMENT: MOTION by Commissioner Norman to continue the meeting to Sunday, December 7, 2008 at 3:00 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approved: 7 Clerk to the Board