HomeMy WebLinkAboutMarch_16_2010_Regular_MinutesIREDELL COUNTY BOARD OF COMMISSIONERS
REGULAR MINUTES
MARCH 16, 2010
The Iredell County Board of Commissioners met in Regular Session on Tuesday,
March 16, 2010, at 7:00 P.M., in the Iredell County Government Center (Commissioners'
Meeting Room), 200 South Center Street, Statesville, NC.
Board Members Present
Vice Chairman Marvin Norman
Steve Johnson
Scott Keadle
Ken Robertson
Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy
County Manager Tracy Jackson, Planning & Development Director Ron Smith, Transportation
Director Ben Garrison, and Clerk to the Board Jean Moore.
CALL TO ORDER by Vice Chairman Norman
91oment of Sifence
for
W96ert GGodfrey WWiCCutms
October 1, 1943 — 94arch 6, 2010
Elected7erms of office to the IredeffCounty cBoardof Commissioners
2000-2004; 2004-2006; 2006-2008; 2008-2012
Chairman of the IredeffCounty hoard of Commissioners
(December 1, 2008 — 911arch 6, 2010
Vice Chairman
December 2, 2002 — ODecember 4, 2006
INVOCATION: Following a moment of silence in honor of Chairman Godfrey
Williams, who passed away earlier this month after a year-long battle with pancreatic cancer,
Commissioner Johnson provided the invocation. Johnson asked that comfort be given to the
family, and he said the county's citizens had been blessed to have a man, such as
Godfrey Williams, to serve them.
PLEDGE OF ALLEGIANCE: Attending the meeting to assist with the Pledge were
Troop 607 Boy Scouts from Concord Presbyterian Church. Commissioner Robertson introduced
Asst. Scout Masters Raymond Burnette and Keith Owens, Boy Scout Committee Members
Melba Ritchie and Cathy Lipski, Cub Scout Leaders Shawn McKinney and Shannon Chatham
along with Senior Patrol Leader Travis Burnette, and Scouts Preston Ritchie, Jonathan Ritchie,
Austin Richie, Ryan Lipski, Sevren McKinney, Grant Chatham, and Dustin Miller.
ADJUSTMENTS OF THE AGENDA: MOTION by Commissioner Robertson to
approve the agenda with the following adjustment:
Deletion: Closed Session for Economic Development - G.S. 143-318.11 (a) (4)
VOTING: Ayes — 4; Nays — 0.
PRESENTATION OF SPECIAL RECOGNITIONS AND AWARDS
Request for the Adoption and Presentation of a Resolution Paying Tribute to the
Boy Scouts of America and Recognizing the Organization's 1001h Anniversary:
Commissioner Robertson read the following resolution and presented it to Ryan Lipski, a local
boy scout who represented Iredell County in Raleigh, NC at a Boy Scout Ceremony when
Governor Perdue presented her resolution.
RESOLUTION
PAYING TRIBUTE TO THE
BOY SCOUTS OF AMERICA ORGANIZATION
WHEREAS, the Boy Scouts of America celebrated the 100th Anniversary of its formation on
February 8, 2010; and
WHEREAS, throughout its history, the Boy Scouts of America organization has provided training
to youth in leadership development, service to others, and civic responsibility; and
WHEREAS, numerous youth in our county have participated in scouting programs throughout the
years, becoming accomplished leaders both past and present; and
WHEREAS, boy scouts have performed a variety of valuable service projects throughout our
country and communities; and
WHEREAS, a national study has shown that youth who participate in Boy Scouts five or more
years have:
• improved performance in reading, science, math and physical fitness;
• a higher percentage of attendance to colleges and universities;
• obtained higher paying jobs;
• better ethical decision making;
• higher attendance at religious services with their family; and
WHEREAS, the national study has also shown that adults who were in Boy Scouts as a youth
have:
• stated that scouting had a positive influence on their lives as a youth and adult;
• learned positive character traits such as being a good team player, always being honest, taking better
care of the environment, respecting life and property of others; having pride in their country,
respecting the elderly and having confidence in their abilities.
NOW, THEREFORE BE IT RESOLVED, that the Iredell County Board of Commissioners pays
tribute to the founding of the Boy Scouts of American and honors all those, both past and present, who
have served as scouts, leaders, and supporters.
Bill Galloway, a Resident of 175 East Monbo Road, Statesville, NC, Spoke in
Reference to the Lake Norman Bike Plan: Galloway said he was an avid cyclist and had
traveled to Virginia, Iowa, Washington DC, and through many areas of North Carolina on his
bike. He said food and lodging accommodations were purchased by cyclists, and this provided
an economic boost for the bicycling areas. Galloway said the Lake Norman Bike Trail would
make a positive impact on Iredell County.
ADMINISTRATIVE MATTERS
Request from the Iredell Statesville School System for Approval to Apply for $450,000
in Public School Building Capital Funds (Lottery Distribution) for the Career Technical
Center: Dr. Kenny Miller said the school system had been developing a Career Technical Center in
Troutman, NC, using a "pay as you go" method for construction costs. He said the state had recently
released second quarter lottery proceeds for facilities and approval was needed to apply for
$450,000.
Commissioner Johnson asked if any of the money had been restricted for other projects.
Miller said the lottery proceeds had specific guidelines. He said some of the projects had
been paid upfront, and it was permissible to obtain reimbursements.
2
MOTTO by Commissioner Robertson to approve the Iredell Statesville School System
request to apply for the $450,000 in Public School Building Capital Funds/Lottery proceeds.
VOTING: Ayes - 4; Nays - 0.
Request from Appropriate Placement Options/Iredell Resource Center for Approval
to Seek State Grant Funds of 5122,498 for the FY 2011 Criminal Justice Partnership Program:
Appropriate Placement Options Executive Director Pam Navey requested approval to apply for FY
11 state funding for the Criminal Justice Partnership Program. She said a local match was not
needed for the $122,498 in pass-through funds.
MOTION by Commissioner Johnson to approve the request.
VOTING: Ayes - 4; Nays - 0.
Request for Approval of the February 2010 Refunds and Releases: County Manager
Joel Mashburn said the Tax Administrator had reviewed the tax refunds and releases and
recommended approval.
MOTTO by Commissioner Keadle to approve the February refunds and releases.
VOTING: Ayes - 4; Nays - 0.
Releases for the Month of February 2010
Monthly Total
$90,845.77
Breakdown of Releases
County
$49,307.81
Solid Waste Fees
$121.50
E. Alex. Co. Fire #1
$10.00
Shepherd's Fire #2
$129.97
Mt. Mourne Fire #3
$95.75
All County Fire #4
$853.72
B&F Fire #5
$71.46
Statesville City
$24,705.79
Statesville Downtown
$0.00
Mooresville Town
$13,311.41
Mooresville Downtown
$49.76
Mooresville School
$1,986.17
Love Valley
$0.00
Harmony
$37.39
Troutman
$165.04
Davidson
$0.00
Refunds for the Month of February 2010
Monthly Total
$570.08
Breakdown of Refunds
County
$413.24
Solid Waste Fees
$0.00
E. Alex. Co. Fire #1
$0.00
Shepherd's Fire #2
$2.16
Mt. Mourne Fire #3
$0.00
All County Fire #4
$44.36
B&F Fire #5
$0.00
Statesville City
$0.00
Statesville Downtown
$0.00
Mooresville Town
$85.84
Mooresville Downtown
$0.00
Mooresville School
$24.48
Love Valley
$0.00
Harmony
$0.00
Troutman
$0.00
Davidson
$0.00
Request to Call for a Public Hearing on April 6, 2010 Regarding the North Carolina
Department of Transportation FY 11 Community Transportation Program (CTP)
Application: Transportation Director Ben Garrison said each year the county submitted a CTP
grant application; however, a public hearing was needed prior to submission. Garrison requested
that a hearing be held on April 6, 2010.
MOTTO by Commissioner Johnson to call for a public hearing at 7:00 p.m., on
Tuesday, April 6, 2010.
VOTING: Ayes — 4; Nays — 0.
Request for Approval of an Agreement with MedStandard, Inc., in an Effort to
Increase EMS Revenue: Deputy County Manager Tracy Jackson said the EMS Department
was requesting to contract with MedStandard for the purpose of "mining" data bases to see if any
former patients were receiving Medicaid. He said that if matches were found, invoices would be
sent to Medicaid for the EMS services. Jackson said an ambulance service in Charlotte was
using MedStandard and had reported successful results.
Commissioner Robertson said he understood the county's current procedures were not
inadequate, rather the EMS department desired to hire the company due to the initial paperwork
being somewhat lacking. He asked if the department could modify the existing procedures.
Jackson said the EMS personnel did the best they could to obtain the patient data while in
the field; however, the hospitals were able to secure more information. He said MedStandard
would compare different data bases and match up the patients' information.
Commissioner Robertson said he would be interested in knowing the outcome of the
arrangement.
Jackson said MEDIC in Charlotte, NC was anticipating the recovery of approximately
8900,000 in a year's time. He said it was understood, however, that Iredell had about 15,000
calls a year compared to MEDIC's 80,000+.
County Manager Mashburn said many times when billing claims were submitted, the
patients might not show up as Medicaid recipients, but later, they became recipients.
Jackson said the department could bill backwards up to 12 months.
Commissioner Johnson said he understood nothing was paid to MedStandard unless the
company was successful in collecting payments for the EMS calls, and when this happened, 30%
of the recovered revenue was paid.
MOTION by Commissioner Johnson to approve the request.
VOTING: Ayes — 4; Nays — 0.
Request for Approval of an Endorsement Resolution for the Lake Norman Bike
Route & Plan: Planning & Development Director Ron Smith said Centralina Council of
Governments Planner Bjorn Hansen was available to answer any questions about the bike plan,
and Jeff Archer was present to address the economic impact.
Jeff Archer, owner of First Flight Bicycles, said bikes were underutilized solutions to
obesity, traffic congestion, and global climate change. He said the US could save 462 million
gallons of gasoline by increasing cycling trips from one percent to one and a half percent. He
said that in 2003, idling cars wasted over five billion gallons of fuel. Archer said that in 1964,
50% of children rode their bikes to school and the obesity rate was at 12% compared to 3%
ridership in 2004 and a 45% obesity rate. He said (1) bike trails revitalized towns and cities (2)
property values increased along the trails (3) cycling would help reduce health care costs and (4)
there would be less damage to the roads.
Bjorn Hansen, said the county would not have any costs for the cycling trail signage. He
said the Department of Transportation (DOT) would provide the signs when paving the road
4
shoulders as a part of resurfacing projects. Hansen said the DOT had a resurfacing fund, and the
money could not be "flexed" to add the paved shoulders. He said the marginal cost to resurface
a road was about $200,000 a mile, and the costs to add a paved bike lane shoulder were $100,000
to $150,000 extra per mile. Hansen said that in reference to multi-purpose paths (proposed in
Iredell County near the state park) the cost was around $1 million a mile. He said these were
typically along water and sewer alignments or utility easements. Hansen said implementation
would be determined by the type of road. He said the Brawley School Road was done as a part
of the traditional DOT Transportation Improvement Program (TIP) process. Hansen said that on
NC 115, where paved shoulders existed, this occurred using a one-time program called the NC
Moving Ahead Safety Fund. He said SEMAC funds would be eligible to Iredell County, and
these were 80% to 100% federal funds. Hansen said SEMAC funds were used for Mooresville's
Park & Ride lot for express bus service from Talbert Road to NC 150, and the Williamson Road
improvements, which were identified in the TIP, would include paved shoulders as a part of the
project. Hansen said that in the past few months, rumors had circulated about the shifting of
secondary road responsibilities from the state DOT to the counties. He said the DOT was not
initiating this movement, rather it was the legislature. Hansen said the bike plan posed no direct
costs, obligations, or expectations on the county.
Commissioner Robertson said the bike trails would be added as roads were either
resurfaced or widened. He asked if this understanding were correct.
Hansen said they were two strategies.
Robertson said that when these methods were used, the projects would be funded from a
pot of money the state had for that purpose. He said that if the state planned to re -pave
Williamson Road, then Iredell County didn't have to pay money to add a bike path.
Hansen said the county had that ability, but many times schedules didn't line up with
enhancements. He said the DOT only knew a few months in advance about the re -paving of a
road.
Commissioner Johnson said the municipalities received Powell tax money from gas sales.
He asked if that type of money could be used by the towns for construction on projects similar to
the bike trail.
Hansen said yes.
Johnson said the county did not receive Powell tax money. He said that when the bike
plan was first presented, there were concerns because no answers could be provided on the
revenue stream. Johnson said he wasn't opposed to the bike trail, but it had to be recognized that
the county was being forced to assume too many of the state's debts. Mr. Johnson offered the
following two additions to the proposed resolution.
WHEREAS, public confidence in the equitable and timely funding of highway projects
has been seriously damaged, the Iredell County Board of Commissioners respectfully requests
that no revenues be diverted from any existing Iredell County Transportation Improvement Plans
towards the construction of this bicycle plan; and
WHEREAS, the Iredell County Board of Commissioners have an abiding concern for
personal property, the use of personal property for the construction of this project shall result in
the just compensation of the owner; and
OTION by Commissioner Johnson to approve the resolution with the two amendments.
VOTING: Ayes — 4; Nays — 0.
The resolution in its entirety is as follows:
RESOLUTION
FOR
THE ENDORSEMENT OF THE LAKE NORMAN REGIONAL BICYCLE PLAN
5
WHEREAS, the Lake Norman Regional Bicycle Plan is the first plan of its kind in North
Carolina, and was initiated by the NCDOT; and
WHEREAS, the NCDOT chose the Lake Norman area for its first regional bicycle plan due to its
history of coordination and collaboration on land use, transportation, and economic development issues;
and
WHEREAS, the Iredell County Board of Commissioners recognizes a need to promote
alternative modes of travel to reduce congestion, improve air quality, increase tourism, promote
recreation, improve health, and increase safety for existing bicyclists and motorists; and
WHEREAS, the Lake Norman Regional Bicycle Plan and its supporting text were developed
with input from a wide range of constituents and public input to reflect local conditions and preferences;
and
WHEREAS, Iredell County Board of Commissioners will consider implementation of the Lake
Norman Regional Bicycle Plan through the recommended implementation strategies as listed in the plan;
and
WHEREAS, public confidence in the equitable and timely funding of highway projects has been
seriously damaged, the Iredell County Board of Commissioners respectfully requests that no revenues be
diverted from any existing Iredell County Transportation Improvement Plans towards the construction of
this bicycle plan; and
WHEREAS, the Iredell County Board of Commissioners have an abiding concern for personal
property, the use of personal property for the construction shall result in the just compensation of the
owner; and
WHEREAS, Iredell County Board of Commissioners will participate in the Lake Norman
Regional Bicycle Route Task Force upon Plan approval by the NCDOT Board of Transportation. The
Task Force was identified as the enduring organization to ensure visibility and implementation of the
Route.
NOW, THEREFORE BE IT RESOLVED that the Iredell County Board of Commissioners
endorses the Lake Norman Regional Bicycle Plan on this, the 16th day of March, 2010.
Request for Approval of the Zoning Amendment Pertaining to the Exit 42 Roadway
Protection Overlay (Section 6.18.3 Exit 42 Roadway Protection Overlay District): Planning
& Development Director Ron Smith said this request pertained to an overlay for an area around
Exit 42 at US 21. He said prior to the recession the area had been growing, and the overlay was
intended to be a protective "stop gap" measure until annexation occurred by the Town of
Troutman. He said Troutman had a unified development ordinance with stringent standards, and
it was used as a model for the roadway overlay and zoning amendment. Smith said two public
input sessions were held with one during the development phase, and the other after the RPO
was initially presented to the commissioners. He said the staff worked with the property owners
in resolving some differences, but a consensus did not occur on all concerns. Smith said,
however, middle ground was reached.
Commissioner Robertson said one property owner had concerns about the right of way
that was referenced in the plan; especially since the width wasn't specified. He asked for further
clarification.
Smith said Iredell County and the Town of Troutman had Comprehensive Transportation
Plans, and the right of way for this corridor had been "prescribed." He said in this particular area
there was a fluctuation of the proposed right of way. Smith said they had been "pieced" together
due to the state having two documents, but they were prescribed down to a tenth of a mile with
much detail on the width and proposed cross section.
area.
Robertson asked if the Troutman officials had been involved.
Smith said they were very involved.
Robertson said the involvement stemmed from the fact that Troutman might annex the
6
Smith said this would be expected since there was a new Lowes store and a proposed
Wal-Mart.
Johnson said he was a firm believer in personal property rights, and if anyone lost the use
of their property, then they should be compensated in some manner.
Commissioner Keadle asked if the county's overlay requirements were different from
what was required by Troutman.
Smith said there were differences, and a major one would be the uniform 300 ft.
separation between all driveways. He said the county allowed a lesser linear footage for right -in
right -out driveways. Smith said there weren't that many big differences.
Keadle asked if a map could be produced that would show the set backs along the
roadway.
Smith said yes. He said the Department of Transportation had a "broad" map of the
entire county and used landmarks such as creeks. Smith said the staff could produce a map with
more detail.
Keadle asked if the map would be "changeable."
Smith said no.
Keadle asked about curb cuts and the DOT. He asked if the county had to add another
regulatory layer.
Smith said the DOT would not deny access. He said the RPO would compel the staff to
work harder with the property owners to share and keep the separation. Smith said the DOT
issued driveway permits which controlled the curb cuts, but the separations were not as lengthy.
He said the county would take the process one level higher to try and insure there was the least
amount of starts and stops on the road.
Johnson said a meeting occurred with the Troutman officials after they approached the
board about satellite annexation. He said the Troutman mayor and manager were told by him
that there would be no problems as long as they worked with the county on an RPO. Johnson
said this was done because he didn't want the same problems at Exit 45 that occurred at Exit 36.
Johnson said the RPO would help, but it needed to be remembered that 90% or better of the
development would occur under Troutman's zoning ordinance due to water and sewer control.
He said the sign ordinance was previously a concern, but now, it appeared there were many
opportunities for the business owners to market their businesses. In addition, Johnson said there
was a provision that enabled business owners to appeal to the town board if they were
dissatisfied with the sign ordinance.
Keadle requested that a map be created and added to the zoning amendment.
Smith said a graphic representation would show the zoning overlay as well as the right of
way widths.
Johnson said he believed this was a precursor to having a serious discussion on what ETJ
area Troutman would need to manage the development. He said a discussion needed to occur
with the Troutman officials to talk about what was in the county and the town's best interests
along with working together to maximize the interchange's opportunities.
OTION by Commissioner Keadle to approve the zoning amendment pertaining to the
Exit 42 Roadway Protection Overlay as amended to produce a map.
VOTING: Ayes — 4; Nays — 0.
MOTION by Commissioner Keadle to approve as amended.
VOTING: Ayes — 4; Nays — 0.
7
A copy of the amendment is as follows:
Section 6.18.3 Exit 42 Roadway Protection Overlay District (RPO)
For the purposes of this section the term "Highway 21" also means "Highway 21/115",
"Charlotte Highway", and the section of Highway 21 named "South Main Street".
A. Application.
The requirements of this Section apply to all uses in the RPO District except one and
two-family residences, including newly established uses, changes in use, and
additions/expansions that require site plan approvals.
B. Front Yard Setback
(1) The front yard setback for any building on any lot shall be a minimum of
eighty (80) feet measured from the centerline of Highway 21, but in no case shall
the building front yard setback be less than that required by the underlying district
in which it is located.
(2) In no case shall parking spaces or internal drives (other than driveways used to
access Highway 21) be located within the future right-of-way for Highway 21 as
defined in either the lredell County or Troutman Comprehensive Transportation
Plans.
C. Minimum Lot Width.
The minimum lot width for all lots created after the effective date of the RPO District,
where such lots have direct access along their frontage adjoining Highway 21, shall be
one hundred and fifty (15 0) feet.
D. Parking.
Sixty (60) percent of all parking spaces required for a building totally or partially located
within the RPO area must be located in the rear and/or side yard. For the purposes of this
item the front yard shall be considered the yard with frontage on Highway 21.
E. Outside Storage of Materials.
All outside storage of materials within 150 feet of the centerline of Highway 21 shall be
prohibited. This shall include the storage of goods or materials which are not an integral
part of the use of the property and which are not obviously for sale or lease. This shall
not preclude any situation where the primary use of the property includes the outside
display of goods for sale such as automobiles, boats, mobile homes, etc. Outside storage
located beyond 150 feet, yet still visible from the highway must be screened according tc
the specifications in Section 12.1.
F. Ingress and Egress Points (Driveway Access).
No two points of full access ingress and egress on Highway 21 (as measured at
their closest distance) shall be closer than three -hundred (300) feet apart, nor
closer than 300 feet to the centerline of an intersecting public street, unless
driveways cannot be shared and doing so would prohibit ingress/egress to a lot.
No centerline of the one-way access for ingress and egress on Highway 21 (as
measured at their closet distance) shall be closer than two hundred (200) feet from
the centerline of another driveway or intersecting street on Highway 21, unless
driveways cannot be shared and doing so would prohibit ingress/egress to a lot.
2. No more than two (2) separate points of ingress and egress per lot or within a
planned multi -tenant development shall be allowed per road front, except for a
use located on a lot containing five (5) or more acres (Figure 1).
Notwithstanding #1 above, for any subdivision of land, a formula of, not more
than, one (1) point of ingress and egress per every 300 feet (or 200 feet in the case
of a one-way access) of road frontage of the original parcel will be used,
regardless of how many lots are created (Figure 2).
Figure 1:
4 -acre multi -tenant development
300 ft , ) I *� t 300 ft
HWY21
Figure 2:
street
HWY 21
4. This creation of off -set full access driveways and/or street intersections is not
permitted unless the driveway or intersection is located on a median divided
portion of Highway 21 or where no practical alternative exists. Except where
ingress and egress would be denied, no portion of a new full access driveway
on Highway 21 shall be located closer than three -hundred (300) feet to the
centerline of a public road which intersects with Highway 21.
If a property of less than three hundred (300) feet frontage along Highway 21 has
frontage on both Highway 21 and a public road of lesser classification (i.e. minor
arterial, collector, etc. — as defined in the Iredell County CTP), any full access
driveway must be located on the road of lesser classification unless
geographically impossible. Furthermore, the driveway must be located at least
150 feet from the intersection of the road of lesser classification and Highway 21.
6. Any driveway serving as a point of ingress and egress shall have a width not to
exceed thirty-six (36) feet unless otherwise required by NCDOT.
G. Interconnectivity.
1. Applicants for zoning approval must connect to adjacent commercially -zoned
property by creating a stub -out at the common property boundary, unless
determined to be unnecessary or geographically impossible by the Planning
Director.
9
2. Once established, connections between adjacent commercially -zoned properties
may not be blocked.
H. Signs.
One free-standing or ground identification sign per lot shall be allowed. The
maximum height of a free-standing or ground sign shall be fifteen (15) feet. The
maximum area of all free-standing and ground signs shall be seventy-two (72)
square feet unless a lower sign height and/or a smaller sign area is required for the
underlying zoning district. In such case, the more stringent height and/or size
requirements shall apply.
a. In the event that a parcel has frontage on more than one public road, an
identification sign shall be permitted for each road frontage. The
maximum area for each additional sign shall be fifty (50) square feet. All
additional signs shall meet the standards listed above concerning height
and underlying district requirements.
b. A commercial development with multiple businesses on a lot exceeding
five (5) acres with frontage along Highway 21shall be allowed one (1)
additional freestanding identification/ development sign up to twenty (20)
feet in height, , Such freestanding signs for multiple establishments on a
single parcel may exceed the maximum copy area for freestanding signs
by the following percentages:
2-10 establishments- up to 25%
11-20 establishments- up to 50%
21-20 establishments- up to 75%
31 or more establishments- up to 150%
2. Wall signage will be allowed and shall not exceed (10) percent of the wall area of
the wall facing the street.
3. All free-standing signs, directional signs, and ground signs must be set back at
least ten (10) feet from all property lines.
4. Prohibited signs.
a. Off -premise advertising signs, temporary signs (except on -premises signs
advertising real estate for sale), portable signs, and moveable signs are
prohibited.
b. Outdoor advertising signs (billboards) are prohibited. However, billboards
existing at the time of the passage of these regulations that are to be destroyed
because of a state Department of Transportation project within the Exit 42
RPO may be restored to original size and/or replaced within the RPO. The
provisions of Section 11.22, Nonconforming Signs, do not apply to billboards
adversely affected by NCDOT road projects within the Exit 42 RPO.
I. Outdoor Lighting Standards.
Outdoor lighting shall not exceed 6 -foot-candles, measured at ground level at any point
within the property, and shall be installed in such a manner that the source of light (the
bulb) is shielded and not visible from adjacent roadways. All lighting shall be directed
inward in such a manner so as not to produce glare onto adjacent property and so that the
primary cone of illumination does not extend beyond the property lines.
J. Landscaping.
Any fence shall be constructed in a durable fashion of wood posts, rails and/or
planks with a minimum diameter or width of three (3) inches and with no greater
than twenty-five (25) percent of the fence surface left open between posts if
constructed using planks. Any chain link fencing visible from the street must be
vinyl coated and colored dark green or black. All fencing and vegetation shall be
10
kept in a state of good repair. Fences may be located along the property lines and
there are not required setbacks.
2. Commercial Parking lots totally or partially within the RPO area must be screened
from the Highway 21 roadway at least ninety (90) percent opaque from the
ground to a height of at least two (2) feet at maturity of such landscaping. This
provision may be omitted if it is accomplished by #I or #4 of this subsection.
Shrubs used in any screening or landscaping must be at least one (1) foot tall
when planted.
The parking lot shall also be landscaped with a minimum of one (1) canopy tree
located within 60 feet of every parking space. The measurement shall be taken
from the base of the tree. Minimum tree caliper measured six (6) inches above
ground on all trees shall be two and a half (2-1/2) inches and the minimum height
shall be eight (8) feet. No trees identified as large maturing trees shall be planted
within twenty (20) feet of an electrical distribution line. This does not include
low -voltage or covered lines of 240 volts or less or telephone or cablevision lines.
4. A landscaped roadway yard along Highway 21 shall be provided by each use
subject to this requirement. The requirement for a landscaped roadway yard shall
be initiated by the occurrence of the same activities as set forth in Section A
above. The landscaped area shall be penetrated only by driveways, crosswalks,
permitted signs, or underground utilities. The minimum width of the roadway
yard shall be fifteen (15) feet measured from and parallel to the public road right-
of-way. Along Highway 21 where no right -of -way is recorded, the roadway yard
shall be measured from the property line. It shall be landscaped and maintained
with a vegetative cover and shall be planted with small and/or medium shrubs at a
rate of ten (10) shrubs per one hundred (100) linear feet of street yard not
counting driveway and crosswalk area. The Planning Director may approve a
different vegetative landscape type when in his opinion equal or better
performance will result. The following is a sample list of recommended trees by
common name:
Cherry Laurel, Carolina
Elm, Lacebark
Magnolia, Saucer
Oak, Laurel
Oak, Willow
Photinia, Frazier's
Spruce, Norway
Cedar, Deodar
Hemlock, Canadian
Maple, Hedge
Oak, Sawtooth
Pagoda, Japanese
Pine, Austrian
Zelkova, Japanese
Dogwood, Kousa
Holly, Savannah
Maple, Japanese
Oak, White
Pear
Poplar, Tulip
5. The following is a sample list of recommended shrubs by common name:
Burford Holly East Palatka Holly Eleagnus
Ligustrum Japanese Black Pine Juniper
Nelly R. Stevens Holly Savannah Holly Tea Olives
Wax Myrtle
6. If the standards attributed to the landscaped roadway yard will meet the intent of,
and provide the necessary screening as listed in J.2, this option may be used in
lieu of those requirements.
K. The Exit 42 RPO requirements will not apply to any property where a preliminary or final
site plan prepared by a certified surveyor or engineer has been approved by the Iredell
County Department of Planning and Development, the Technical Review Committee, the
Planning Board or the Board of Commissioners or has been given preliminary or final
approval by any one or more of these entities, prior to the date of adoption of the Exit 42
RPO.
(Amendments to ARTICLE XIX DEFINITIONS)
A. General Definitions
Comprehensive Transportation Plan (CTP). A document prepared by the Transportation
Planning Branch of the North Carolina Department of Transportation (NCDOT). This document
recommends future width and design of roadways, based on trip generation and capacity and
other transportation engineering principles.
Outside Storage. The storage of materials, equipment, products, vehicles, trailers, and the like
not enclosed by walls and a roof.
Stub -out. An extension of a driveway or parking lot that reaches the property line, for the
purpose of connecting to an adjacent property's driveway or parking lot in the future. A stub -out
is a temporary dead end.
Full Access Driveway. A full access driveway is a driveway providing access to and from a lot
adjoining the frontage roadway, which is intended to provide both ingress to and egress from the
lot for traffic entering and exiting the lot from the left and from the right.
One-way Access Driveway. A driveway providing access to and from a lot adjoining a frontage
roadway, which is intended to provide both ingress to and egress from the lot only for traffic
entering the lot from the left and exiting the lot to the right.
Request for the Finalization of Budget Deliberation Meeting Dates as well as the
Regular Meeting Schedule for May 2010: County Manager Mashburn requested for the board
to finalize the May meeting schedule. He said the election primary was on a regular meeting
date, and a decision needed to be made regarding the FY 10-11 budget deliberation dates.
OTION by Commissioner Johnson to hold one regular meeting in May on Tuesday, the
I Ith and to hold budget deliberation meetings on the following dates:
Thursday, May 201'
Tuesday, May 25`h
Thursday, May 27th
VOTING: Ayes 4; Nays — 0.
Note: The county manager said the proposed budget was normally presented at the
second regular meeting in May. He said it was unknown if the budget could be completed by
May 11; however, the staff would complete it as soon as possible.
Request for Approval of the January 21, 2010 & March 2, 2010 Minutes: MOTION
by Commissioner Keadle to approve the minutes.
VOTING: Ayes — 4; Nays — 0.
ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS
Historic Properties Commission (6 announcements)
APPOINTMENTS TO BOARDS & COMMISSIONS
Recreation Advisory Board (1 appointment): (No action occurred on this appointment.)
Animal Grievance Committee (1 appointment): Commissioner Johnson nominated
Grant Miller.
OT10N by Vice Chairman Norman to close the nominations and to appoint Miller by
acclamation.
VOTING: Ayes — 4; Nays — 0.
12
Nursing Home Advisory Board (1 appointment): Commissioner Keadle nominated
Sharon Molleur.
OTIO by Vice Chairman Norman to close the nominations and appoint Molleur by
acclamation.
VOTING: Ayes — 4; Nays — 0.
UNFINISHED BUSINESS
Request for the Air Quality Resolution Adopted by the Board on March 2 to be
Reviewed/Adopted by Local Municipalities & Organizations/Committees: Commissioner
Johnson said the board previously adopted an air quality resolution. He requested for the
resolution to be sent to local municipalities for adoption, and for a copy to be returned to the
county. In addition, Johnson requested that the Farm Bureau and the Farmland Preservation
Committee review and adopt the resolution. He said once the resolutions were returned to the
staff, they should be sent to the county's Congressional delegation.
MOTION by Commissioner Johnson to request that the local municipalities, along with
the Farm Bureau and the Farmland Preservation Committee, review and adopt the air quality
resolution and for the staff to mail the resolutions to the county's Congressional delegation.
VOTNG: Ayes — 4; Nays — 0.
Reminder List for Committees/Boards: Commissioner Keadle said five appointments
were tabled in July for the Juvenile Crime Prevention Council (JCPC), and there was an
appointment tabled for the Statesville Board of Adjustment (ETJ). He asked if the board needed
to direct the staff the check on the appointments.
Clerk to the Board Jean Moore said two of the JCPC appointments were for high school
students and typically the council suggested candidates. She said, however, no nominees had
been submitted during this school year. Moore said one of the vacancies had to be filled by
either the Chief District Judge or his designee, but a nominee name had not been submitted.
She said the board could appoint anyone to represent the business community.
In regards to the Statesville Board of Adjustment, Commissioner Johnson said the city
had provided a list with the names of people residing in the ETJ area. He said many of the
residents were telephoned to see if they would serve but no one was willing.
PUBLIC COMMENT PERIOD: The public was offered a time to address the board,
but no one accepted the opportunity.
NEW BUSINESS
Abortion Coverage in County Health Plan: Commissioner Keadle said Rep. Paul Stam
had been corresponding with county commissions throughout the state in regards to whether or
not abortions were being paid for with county funds. Keadle said the communications
mentioned a possible lawsuit, and with this being the situation, he desired for the staff to review
the matter and to provide a report at the next board meeting.
Commissioner Johnson said this pertained to the county's health insurance pool.
Keadle said it appeared that all of the NCACC plans were paying for abortions.
Vice Chairman Norman requested the county manager to review the matter and to report
back to the board.
ADJOURNMENT: OTION by Commissioner Johnson to adjourn the meeting at 8:30
p.m. (Next Meeting: Tuesday, April 6, 2010 at 7:00 P.M., in the Iredell County Government
Center, 200 South Center Street, Statesville, NC)
VOTING: Ayes — 4; Nays — 0.
Approval:
13
Clerk to the Board